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The Mainstream Faction Showed Gestures of Good Faith, But Pro-Independence Activists Faced Judicial Persecution Once Again
The DPP was naturally happy to see the KMT
mainstream faction promise to amend the law. Everyone knew that, even after all the senior legislators left
parliament, of the 130 parliamentary seats comprised
of 101 supplementary legislative seats and 29 overseas
Chinese seats, the DPP and independents only accounted for 21 seats, or 16%. In order to achieve their goal
to get rid of Article 100 of the Criminal Code, they
would have to cooperate with the mainstream faction
of the KMT. The 100 Action Alliance could only wait
for the new Legislative Yuan to convene.
On December 31, 1991, 153 senior legislators who
had had their seats for 43 years and 7 months finally
stepped down. This drastically changed the ecosystem
of the Legislative Yuan. The “voting army” that the
non-mainstream faction of the KMT had always re-
lied on dissolved overnight. The mainstream faction,
working with the DPP, completely dominated the direction of political development.
This sudden shift of parliamentary powers also affected the power struggle at the top of the KMT. Lee
Teng-hui’s leadership was becoming more and more
secure, no longer held back by the non-mainstream
faction. Hau Po-tsu’s influence declined rapidly, even
within the New Kuomintang Alliance.
1992 saw a brand new Legislative Yuan, and
amendment of Article 100 of the Criminal Code
seemed to be on the horizon. However, on January 10,
1992, Lin Yung-sheng and three others were arrested
for “preparation to commit offenses against internal
security” based on Article 100 of the Criminal Code
and sentenced to 1 to 3 and a half years.
On January 17 of the same year, the High Prosecutors Office even charged Chang Tsan-hung for being
the “ringleader of a plot to undermine internal security” based on Article 100 of the Criminal Code. On
January 23, Chen Lung-fang, a member of the central
The government and opposition negotiating matters about Article 100 of the Criminal Code. From the left
are Lee Chen-yuan, Hung Yu-chin, and Lin Tung. Photographer: Huang Yen-wen
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committee of the World United Formosan for Independence’s US headquarters, was arrested. On February 8, Chen Wan-chen, who was on the run, was also
arrested in Taichung.
The 100 Action Alliance held its fifth member
meeting on February 14 and made 3 resolutions: 1.
Launch the “100,000 Signatures to Abolish Article
100” petition movement. 2. Launch the “100-day
demonstration plan”. 3. Hold the Exhibition on Article 100 of the Criminal Code.
In their Legislative Yuan meeting, the DPP caucus
decided to include the abolition of Article 100 of the
Criminal Code as the focus of negotiations with the
KMT. Actions taken included: Request the Procedure
Committee to put this motion on the agenda for a
second reading; Demand Vice-Premier Shih Chi-yang
to report to the Legislative Yuan; Promote the petition to get 100,000 signatures; Work with the family
members of victims of political persecution to make
complaints to the Executive Yuan.
On February 21—the first meeting of the new Legislative Yuan, the 100 Action Alliance had Lee Chenyuan lead family members of political victims to petition the Legislative Yuan, asking for Article 100 of the
Criminal Code to be abolished in the current session.
Unfortunately, in negotiations with the opposition, the KMT did not agree to put the abolishment
of Article 100 of the Criminal Code on the agenda.
As it turned out, the KMT had planned to first to vote
to unfreeze the NT$7.9 billion budget for the Fourth
Nuclear Power Plant. It would only handle the dispute
around Article 100 of the Criminal Code once the
budget for the Fourth Nuclear Power Plant passed.
The DPP was consistently and firmly “antinuclear”. The budget for the Fourth Nuclear Power
Plant was a subject of heated debate in the Legislative
Yuan, always leading to vicious fights between the
ruling party and the opposition.
To put it plainly, the KMT planned to use Article 100
of the Criminal Code as a bargaining chip to force the
DPP to unfreeze the budget for the Fourth Nuclear Plant.
Chapter 4
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Law Amendments: No More Political Prisoners
At the end of February, the Executive Yuan’s
Criminal Code Article 100 Amendment Task Force
put forth five amendment proposals, even submitting
a draft for a special section on “Crimes Endangering
Constitutional Order”, which might have made it impossible for political prisoners to be released.
The 100 Action Alliance opposed the Executive
Yuan’s amendment proposals, as well as the special
section “Crimes Endangering Constitutional Order”.
The alliance thus decided to intensify protest actions,
including expanding the 100 thousand signature campaign and surveying legislators with a questionnaire
to demand that they express their opinions directly.
Increased Protests from the 100 Action
Alliance to Complete the Final Stretch
On March 20, led by Lee Chen-yuan, the 100 Action Alliance headed to Yangmingshan to petition the
National Assembly during their extraordinary meeting
to “create a constitution that protects human rights
and release political prisoners”. But their efforts only
resulted in a superficial meeting with Chiang Yanshih, Secretary General of the Office of the President.
Since the negotiations were going nowhere, the
DPP caucus ceased negotiations with the KMT caucus at the end of April. The KMT, worried that they
would not be able to approve the central government’s general budget in time, asked the DPP their
conditions for negotiations to resume.
DPP caucus leader Lee Ching-hsiung replied pointedly, “The KMT must respond in good faith. Huang
Chu-wen knows what good faith means.”
It wasn’t until Huang Chu-wen took over the negotiations that the Legislative Yuan finally made progress on amending Article 100 of the Criminal Code.
On May 7, negotiations between the ruling party and
the opposition resumed. They reached the following
agreement: The KMT pledged to “prioritize” the issue
of Article 100 of the Criminal Code on the agenda,
scheduling for a third reading to pass on May 12.
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