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Legislature revises Article 100;
New sedition law to bring

Published: 04/19/1992
Source: Free China Journal
By: Susan Yu

The Legislature on May 15 revised Article 100, the controversial sedition clause of the Criminal Code, to apply to only those who take overt action to overthrow the government.

The old sedition law previously prohibited action that might "tend" to incite rebellion against government authorities.

The new clause went into effect May 18. It is expected to bring about the release of 19 dissidents who were prosecuted or imprisoned under Article 100 for "non-violently" advocating communism or Taiwan independence from mainland China.

The first two beneficiaries of the new law were Huang Hwa, reportedly a presidential candidate of the opposition Democratic Progressive Party, and Chou Chao-lung, a Chinese Communist Party member.

Both Huang and Chow were sentenced and have been imprisoned for more than five months before being released on May 18.

Sedition charges against independence activists Chen Wan-chen, Li Ying-yuan, vice chairman of the U.S.-based World United Formosans for Independence, and other 12 dissidents are expected to be dropped soon.

As proposed by a Cabinet ad hoc task force, the Legislature voted 45-11 to add "violence or coercion" to the 57-year-old clause.

The task force was formed last October amid an outcry from the DPP and grassroots organizations to altogether scrap Article 100. The sedition law was criticized as a "political tool" to crush political dissent.

DPP lawmakers said the revision is "acceptable," but added that they would rather see a total abolition of Article 100. Meanwhile, a group of activists called "100 Action Alliance" said that while the revision is an "improvement," it was still dissatisfied because the revised law retained the words "violence," "coercion," "intent" and "ringleader." The new law now reads: "A person who commits an overt act of violence or coercion with the intent to destroy the organization of the State, seize State territory, by illegal means change the Constitution or overthrow the Government shall be punished with imprisonment for not less than seven years; a ringleader shall be punished with imprisonment for life." The statute also stipulates that "a person who prepares or conspires to commit an offense specified in the preceding paragraph shall be punished with imprisonment for not less than six months and not more than five years." A U.S. congressional committee passed a resolution on May 14 to urge Taipei to remove its blacklist and allow the return of all ROC citizens devoted to "peaceful political change." Stephen Solarz, chairman of the U.S. House of Representatives' Asian and Pacific subcommittee, praised Taipei authorities for recent "significant political changes," but noted "a lingering hangover in the form of a blacklist of Taiwan citizens" who are refused return to their homeland. The proclamation reportedly is backed by the U.S.-based Formosan Association for Public Affairs which advocates Taiwan independence.

ROC Foreign Ministry officials said the resolution, if adopted by the U.S. Congress, would have little impact on Taiwan's entry and exit policy, as Taiwan is already reducing its blacklist.

According to the ROC Interior Ministry, the number of overseas persona non grata has been significantly reduced in the past three years from more than 800 to 200.

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