The Taiwan High Court yesterday sentenced former Taiwan Association for Human Rights (台灣人權促進會) president Peter Huang (黃文雄) to four months in prison for returning to Taiwan in 1996 without first seeking permission from the government.
"Huang violated Article 3-1 of the National Security Law (國家安全法), so the court sentenced him to four months in prison, but the sentence could be waived in lieu of a NT$900 daily fine for the duration of the sentence," said Judge Tsai Yung-chang (蔡永昌).
The requirement to apply to re-enter the country was stipulated in the National Security Law, passed in 1987 when the government lifted martial law.
During his first trial on Feb. 15, 2000, Huang was sentenced to five months in jail by the Taipei District Court.
When approached by reporters yesterday afternoon, Huang said that the court decision is unconstitutional. Yesterday's ruling actually gave him an opportunity to apply for an interpretation of the article from the Council of Grand Justices.
"The verdict is not reasonable because the grand justices said in April that Taiwanese citizens have the right to travel abroad and return to the country without first applying to the Ministry of the Interior," Huang said.
"As a result, I think I will apply for another interpretation from the Council of Grand Justices after I speak with my lawyer."
In the meantime, Huang said that he will complete his four-month sentence instead of paying the fine.
When reviewing Huang's case, Tsai argued that Article 3-1 of the National Security Law is unconstitutional, so he filed the request to apply for an interpretation on behalf of Huang on Sept. 5, 2000.
On April 18 this year, grand justices agreed that the Immigration Law (入出國及移民法), which was passed in 2000 and gives everyone with household registration in Taiwan the right to travel freely, supersedes the National Security Law.
However, the interpretation applies only to those convicted under Article 3-1 of the National Security Law for crimes committed since May 21, 2000, when the Immigration Law came into effect. According to the grand justices, Huang's case is not one of them.
Huang was a key figure in the assassination attempt on then president Chiang Ching-kuo (蔣經國) in New York in 1970, for which he was blacklisted by the government.
‘DENIAL DEFENSE’: The US would increase its military presence with uncrewed ships, and submarines, while boosting defense in the Indo-Pacific, a Pete Hegseth memo said The US is reorienting its military strategy to focus primarily on deterring a potential Chinese invasion of Taiwan, a memo signed by US Secretary of Defense Pete Hegseth showed. The memo also called on Taiwan to increase its defense spending. The document, known as the “Interim National Defense Strategic Guidance,” was distributed this month and detailed the national defense plans of US President Donald Trump’s administration, an article in the Washington Post said on Saturday. It outlines how the US can prepare for a potential war with China and defend itself from threats in the “near abroad,” including Greenland and the Panama
The Chinese Nationalist Party (KMT) is maintaining close ties with Beijing, the Democratic Progressive Party (DPP) said yesterday, hours after a new round of Chinese military drills in the Taiwan Strait began. Political parties in a democracy have a responsibility to be loyal to the nation and defend its sovereignty, DPP spokesman Justin Wu (吳崢) told a news conference in Taipei. His comments came hours after Beijing announced via Chinese state media that the Chinese People’s Liberation Army’s Eastern Theater Command was holding large-scale drills simulating a multi-pronged attack on Taiwan. Contrary to the KMT’s claims that it is staunchly anti-communist, KMT Deputy
RESPONSE: The government would investigate incidents of Taiwanese entertainers in China promoting CCP propaganda online in contravention of the law, the source said Taiwanese entertainers living in China who are found to have contravened cross-strait regulations or collaborated with the Chinese Communist Party (CCP) could be subject to fines, a source said on Sunday. Several Taiwanese entertainers have posted on the social media platform Sina Weibo saying that Taiwan “must be returned” to China, and sharing news articles from Chinese state media. In response, the Mainland Affairs Council (MAC) has asked the Ministry of Culture to investigate whether the entertainers had contravened any laws, and asked for them to be questioned upon their return to Taiwan, an official familiar with the matter said. To curb repeated
Myanmar has turned down an offer of assistance from Taiwanese search-and-rescue teams after a magnitude 7.7 earthquake struck the nation on Friday last week, saying other international aid is sufficient, the National Fire Agency said yesterday. More than 1,700 have been killed and 3,400 injured in the quake that struck near the central Myanmar city of Mandalay early on Friday afternoon, followed minutes later by a magnitude 6.7 aftershock. Worldwide, 13 international search-and-rescue teams have been deployed, with another 13 teams mobilizing, the agency said. Taiwan’s search-and-rescue teams were on standby, but have since been told to stand down, as