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Group of pastors advocating for the release of Tsai Yu-chuan and Hsu Tsao-teh. Photographer: Liu Chen-hsiang
Tsai Yu-chuan (1951-2017), who was persecuted
by the government during the Kaohsiung incident,
was chosen as chairman. When discussing the articles
of association, the basic consensus on Article 3 was
that “Taiwan’s future should be decided jointly by the
Taiwanese people”. Member Hsu Tsao-teh suggested
it be changed to “Taiwan should be independent”.
Impassioned, Hsu Tsao-teh said, “If political prisoners like us are afraid to speak out about Taiwan’s
future, then we’d have gone to prison for nothing.
Taiwan must establish itself as a republic!” A majority of political victims in the crowd agreed.
Hsu Tsao-teh (1937-2018) witnessed the horrors of
the February 28 incident in Keelung when he was just
10 years old. Although he went into business after
graduating from National Taiwan University’s Department of Political Science, he remained concerned
about current affairs and believed strongly in Taiwan’s independence. In 1968, he was involved in the
Taiwanese independence incident and was sentenced
to 8 years under Paragraph 3, Article 2 of the Betray-
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ers Punishment Act. He was pardoned and released
following Chiang Kai-shek’s death in 1975.
Those who formed the Taiwan Union for the
Victims of Political Persecution were all political
prisoners that were tortured and jailed for being proindependence. Therefore, the preparations to establish
the union, the drafting of the articles of association,
the declaration of “building a new and independent
nation”, and the speeches that night were all to accuse
and challenge the authoritarian system through assembly and association after the lifting of the martial
law.
That night, participants held a grand speaking
event at the sports field of Taipei’s Jinhua Junior High
School as planned. Chiang Peng-chien, founding
chairman of the DPP, as well as respected Tangwai
individuals like Chen Chu, Chen Tan-sun, Stella Chen
Landauer, Chen Yung-hsing, Ko Chi-hua, Chang
Wen-ying, and Rev. Dr. Kao Chun-ming all attended
to show solidarity.
At the speaking event, Tsai Yu-chuan announced
Chapter 2
the union’s articles of association and declaration,
openly encouraging the crowd to pursue Taiwanese
independence. Over the years, many political prisoners were charged with rebellion in the name of
Taiwanese independence, but such high-profile and
openly pro-independence articles of association and
declaration were unprecedented.
This immediately became an overwhelming thorn
in the side of the authoritarian regime, which had
just announced the lifting of the martial law. Over a
month later, on October 12, Taiwan Chief Prosecutor
Yeh Chin-po arrested and charged Hsu Tsao-teh and
Tsai Yu-chuan for the crime of insurrection.
Amnesty International immediately expressed
concern and named Tsai Yu-chuan and Hsu Tsao-teh
as prisoners of conscience and demanded their im-
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Lifting of the Martial Law: Defending Absolute Freedom of Speech
mediate and unconditional release. This incident was
highly significant as a political indicator, as it was
the first case of “Taiwanese independence rebellion”
after the lifting of martial law. All eyes were on how
the case would develop, and there was a stalemate of
three months.
During this time, the Presbyterian Church in
Taiwan, social activist groups, and the less than a
year old DPP rallied in support of Hsu and Tsai. On
November 9, 1987, the DPP organized its second National Party Congress and passed the “People have the
Freedom to Advocate for Taiwanese Independence”
resolution.
On January 13 of the following year (1988) came
the sudden passing of Chiang Ching-kuo. Vice President Lee Teng-hui was sworn in as acting president
Supporters clashing with the military police during the 1988 trial of Tsai Yu-chuan and Hsu Tsao-teh.
Photographer: Huang Yen-wen
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