2009/02/22

Taipei Court Exonerates Shih for 2006 APA Violation

Shih Ming-teh (施明德), together with other 16, were ruled "not guilty" on 2/20/09 by Taipei District Court for launching the anti-Chen siege without pre-approval in 2006, which is a clear violation of Assembly and Parade Act (APA, 集會遊行法).

The APA says that any parade or demonstration should be approved by the police 6 days in advance. But Shih's large-scale anti-Chen protest, aka Red Army, did not get the approval for their extended large-scale protest.

It's a clear violation, but Ma Ying-jeou, Taipei Mayor at that time, didn't shy away from their illegal actions. Instead, the "you-should-follow-the-law" Ma sent breakfast to Shih's headquarters and allowed the Red Army to use the public area in front of Taipei Train Station illegally, causing a lot of troubles for daily traffic.

Even worse, Ma abused his Mayor power to press Taipei police chief Wang Cho-chun (王卓鈞) to ignore APA and to grant the Red Army "legalized on-site" (就地合法), causing not so minor confrontations between Mayor Ma and Taipei police. ( 假學運馬支持 真學運馬不屑)

To exonerate the illegal Red Army, the court sentence issued yesterday says:

判決指出,倒扁集會雖未經許可,或造成民眾些許不便,但確實引起許多迴響,仍在民主社會得以忍受之範圍,國家自應予以尊重。

Although the anti-Chen assembly was not approved, and it might have caused some inconvenience of people, but it did have some support, so it is within the tolerable range of a democratic country. As a result, the state should pay respect.

It seems to be normal in Taiwan to use the absolute power to interpret the law in favor of your case -- especially when it is the "legalized-on-site" supported by Ma Ying-jeou.

4 comments:

STOP Ma [22/2/09 10:14] said...

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So...

Are the Wild Strawberries going to launch suits against the Taipei police over their crackdown against this group of protesters that have support and were causing no nuisance at all.

This is now precedence for this type of suit, is it not?
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STOP Ma [22/2/09 10:15] said...

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BTW,

Thanks for the "newslets", Echo!

I appreciate it!
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dennis [22/2/09 21:10] said...

Ma is a bitch full stop...

Taiwan Echo [23/2/09 05:23] said...

STOP Ma,

About the Newslets --- I am glad someone likes it. I am in fact still wondering if that's a good direction. It sure has some advantages, but:

(1) I wouldn't know the content of each newslet by looking at the title;

(2) It's hard to link to some specific sub-title under a newslet.