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they had to go through the side door. Lee Chen-yuan
insisted on going through the front gate. After some
back-and-forth coordination by DPP legislators, the
guards finally unlocked the front gate.
But after Lee Chen-yuan and Lin Shan-tien entered
the conference room, officials were unable to find the
petition the alliance submitted 3 days ago, forcing
their members to wait idly. Then KMT Legislator and
Chairman of the Judiciary and Organic Laws Committee Lee Tsung-jen showed up, only to say that
since a new chairman would be elected by the end
of the month and that he was leaving office soon, he
could listen to their ideas but not do much else.
Lee Tsung-jen’s attitude displeased Lee Chen-yuan
and Lin Shan-tien, and they parted on bad terms.
However, all their failed petitioning efforts received
widespread media coverage. The high level of attention only boosted the 100 Action Alliance’s momentum. Finally, Secretary General Chiang Yan-shih of
the Office of the President contacted them under orders from President Lee Teng-hui, inviting members
of the alliance to meet with him.
Lee Teng-hui Expresses Concern,
the Alliance Demands a Public Debate
On the afternoon of the 28th, a week after the alliance was founded, Chiang Yan-shih told Chen Shihmeng and Lin Shan-tien that, regarding concerns
about Article 100 of the Criminal Code, the KMT was
willing to establish a cross-party Criminal Code Article 100 Amendment Taskforce outside of the KMT’s
Policy Assembly, but the 100 Action Alliance would
have to cease its anti-military parade plan in return.
Nonetheless, Chen Shih-meng and Lin Shan-tien
immediately responded that the issue should be debated publicly on television. Chiang Yan-shih said
that he could not make this decision on his own and
could only report their demands to his superiors.
On the night of the 28th, the alliance held its sec-
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ond meeting, naming Chen Shih-meng, Lin FerngChing, Liao I-en, Rev. Luo Wen-kuang of the Presbyterian Church, Chien Hsi-chieh, Liao Pin-liang,
Master Wang Hsiu-lien of the Ten Thousand Buddha
Association, Chung Chia-pin, and Luo Wen-chia as
the decision-making team for the coalition’s second
phase “active attack”, with Lin Ferng-Ching as director-general of the group. The anti-military parade
movement was gradually taking a clearer and more
concrete shape.
On the 29th, Lee Teng-hui hosted well-respected
native-born activists at the Official Residence of the
President, sending the message that the government
was willing to form a cross-party Criminal Code
Article 100 Amendment Task Force in hopes of deescalating the anti-military parade movement.
At noon on the 30th, top officials of the KMT officially invited the 100 Action Alliance to negotiate.
The KMT representatives included KMT Central
Party Policy Assembly Director Lin Tung, Policy Assembly Vice Director Hung Yu-Chin, Vice Premier
Shih Chi-yang, Executive Yuan Secretary General
Wang Chao-ming, and Mainland Affairs Council Vice
Chairman Ma Ying-jeou.
On the alliance’s side were Lee Chen-yuan, Honorary Professor Tsai Tun-ming of NTU’s College of
Law, Lin Shan-tien, Chen Shih-meng, Chang Chungtung, and John C. Chen. Both sides sent out their best
to negotiate at the Lai Lai Shangri-La Hotel (now the
Sheraton Grand Taipei Hotel).
Lin Shan-tien, who was in charge of basic criminal
law theory, argued that in the formation of criminal
laws in civilized countries, the most important factor
was the principle of legality, of which “clear legal
elements” are crucial. Because the Criminal Code
can deprive criminals of their lives and personal freedoms, if it is not formulated clearly, it will give those
in power the ability to interpret the law with too much
flexibility, resulting in severely subjective judgments.
This way, argued Lin Shan-tien, the law becomes
Chapter 3
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Protest: The Crucial 20 Days
DPP legislators with 100 Action Alliance headbands demanding the abolishment of Article 100 of the Criminal Code
at the Legislative Yuan. They were ignored by Premier Hau Pei-tsun (pictured at the top left with his head bowed) on
the podium. Photographer: Hsu Po-hsin
very “useful” for those in power, but runs counter
to the protection of human rights. Article 100 of the
Criminal Code had undefined legal elements like the
“intent to overthrow the government” and “get involved in actions”.
Lin Shan-tien explained that so-called “intent”
concerns inner thought, and the law provided no explanation of what such “actions” consisted of. Therefore, the law became an excellent tool for those in
power to wield flexibly.
However, KMT representatives Shih Chi-yang and
Ma Ying-jeou insisted that there was no problem with
the provisions of Article 100 of the Criminal Code,
nor any issues with its practical operation. They both
repeatedly stressed that Taiwan’s democracy was still
very fragile, and that excessive reforms may lead to
anarchy or chaos. Shih and Ma took a tough stance,
refusing to budge even an inch.
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