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116 Taiwan Development Perspectives 2009 be filed with the next higher authorities of the police. Voluntary notification makes this article irrelevant. All versions remove the irrelevant act. However, the Executive Yuan version which retains the coercive notification mechanism does not offer alternative stipulations for review. As a consequence, organizers will have no recourse when their applications for an assembly or a demonstration are rejected or their plans modified. 6. Imprisonment or Fine One of the main criticisms against the current act is that offenders have to go to jail and pay a fine, if convicted. Its Article 29 stipulates organizers of public meetings found to have disobeyed police orders can be sentenced to not more than two years in prison. All published versions delete this article. But the government-proposed version gives the police the power to fine offending organizers repeatedly until after their public meetings come to an end. 7. Qualifications of Organizers The current act specifies the qualifications of organizers, their representatives and personnel in charge of control at public meetings. Among those who are not eligible are people under 20 years of age and foreign nationals. Most versions remove the qualifications, because the right to demonstrate has nothing to do with one’s age and nationality. Actually, migrant workers, new immigrants and international students who are no citizens are the groups most vulnerable to exploitation in Taiwan. Depriving them of the right to organize protest rallies infringes on their human rights to fight for better treatment when they are mistreated. Only the administration wants to retain the limited eligibility of organizers and their assistants. 8. Off-limits Area demonstrations to take place near such locations as important government offices, international airports and harbors, military establishments, and the residences of foreign diplomats. All versions remove this control. Proponents are convinced that if people want to have their complaints heard, they have to go to those places that are made off-limits now. If the law prohibits them from demonstrating in the face of government officials, they may lose chances to seek effective recourse. But the administration demands protestors to demonstrate in places “at a safe distance” away from the off-limits areas prescribed in the current act, though that safe distance is not clearly defined. 9. Other Possible Revisions The Executive Yuan retains Article 2 of the current act, in which the term demonstration is not clearly defined. All other versions insist on defining the demonstration as a group action to campaign for a cause. Its Article 3 assigns local chiefs of police to authorize public meetings. But no mention is made of exactly who their next higher authorities are to whom organizers can go to ask for a review if their applications for a public meeting are turned down or their meeting schedule is modified. That has caused confusion in the past. Is the local government head the next higher authorities of chiefs of police? Or should the director of the National Police Agency be asked to review the decision of a local chief of police? All the versions except the one proposed by the government makes the National Police Agency the next higher authorities of all local chiefs of police. All versions delete Article 4 of the act in force that bans public meetings in support of Communism or division of the national territory of the Republic of China in Taiwan. The act in force does not allow assemblies and
Revision of the Assembly and Demonstration Act 117 Table 1 Comparison of Four Amendment Versions Civic bodies KMT Legislator Chu Feng-chih et al DPP Legislators Government (Executive Yuan) Act in force Principle Voluntary notification Voluntary notification Voluntary notification Coercive notification Regulation Veto Not possible Not possible Not possible Modification or limitation No No No Possible when necessary Modification or limitation possible Possible when necessary Modification or limitation possible, when necessary Review Not necessary Not necessary Not necessary Necessary but without stipulation Punishment Fining Fining Fining Fining Eligibility requirements Necessary and stipulated Fining and imprisonment Removed Removed Removed Kept Kept Off-limits area No off-limits area; or by approval No No Safe distance from key locations Prescribed Notes: 1. KMT stands for Kuomintang. 2. DPP stands for Democratic Progressive Party. Source: All versions are published on the Parliamentary Library Website 1 and the Action 1106 Website. 2 1 URL: http://npl.ly.gov.tw/do/www/homePage (2008/12/03 download) 2 URL: http://blog.yam.com/right_of_assembly/article/15270936 (2008/12/03 download)
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CONTENTS Preface Overview ix xi Foc
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Agriculture and Fisheries Impact of
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CHUANG, Yih-chyi( 莊奕琦 ) Pro
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TAN, Ching-yu( 譚瑾瑜 ) Associ
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enth effort on the part of the Foun
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ills pertinent to parliamentary ref
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