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II. Conflicts Behind the Concerted Efforts of
the Ruling and Opposition Parties
As part of President Lee Teng-hui's efforts to take a local reform approach, native-born KMT legislators formed the
political sub-group Brainstorming Breakfast Assembly under the Legislative Yuan. The subgroup would become a
rival force against the New Kuomintang Alliance that was formed within the party later on. Photographer: Hsu Po-hsin
There are two sections in Article 100 of the Criminal Code: 1. Any person committing an act with intent
to destroy the organization of the State, seize State
territory, or, using illegal means, change the Constitution or overthrow the Government shall be sentenced
to imprisonment for not less than seven years; the
ringleader shall be sentenced to life imprisonment.
2. Any person preparing or conspiring to commit the
offense specified in the preceding paragraph shall be
sentenced to imprisonment not less than six months
but not more than five years.
Abolishing or amending Article 100 of the Criminal Code would mean not only overcoming the obstacle that was the Ten Thousand Year Congress but also
the battling factions within the KMT. The former was
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a matter of time. As for the latter, it was hard to tell
which side would prevail.
According to the Legislative Yuan Bulletin, Liang
Su-yung once stressed that, “After abolishing the
Betrayers Punishment Act, the KMT must stick to
the bottom line that Article 100 of the Criminal Code
must not be abolished. Otherwise, the country will
be overrun with pro-independence sentiments, putting a question mark over political stability. On top of
everything else, how the CCP views the situation is
another problem.”
Liang Su-yung’s tough stance not only represented
the thoughts of the senior legislators but also the deep
anxiety of conservative forces in the KMT.
Chapter 4
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Law Amendments: No More Political Prisoners
A President in a Precarious Situation—
Lee Teng-hui’s Attempt to Consolidate
the Pro-Localization Faction of the KMT
On January 13, 1988, President Chiang Ching-kuo
passed away. Vice President Lee Teng-hui was sworn
into office, ending the era of strongman politics. But
was Lee Teng-hui an actual successor or just the head
of state during a transitional period? The question was
still up in the air.
Then KMT supplementary legislator Huang Chuwen recalled that, after Chiang Ching-kuo passed
away, Chiang Soong May-ling returned to Taiwan
from the US and published the article “Old Tree, New
Branch”. It is clear that the KMT, which focused on
constitutional and legal authority, viewed Lee Tenghui as not having the right pedigree. To them, Lee
Teng-hui was just another “Yan Chia-kan”, just another successor in form only.
From then on, Lee Teng-hui—who called for local reforms—and the conservative forces engaged in
power struggles that evolved into infighting between
the “mainstream faction” and the “non-mainstream
faction”.
Supplementary legislator Huang Chu-wen, who
was elected in 1983 and subsequently re-elected, said
that Chiang Ching-kuo never met with supplementary
legislators when he was President. They were completely disregarded. To his surprise, two weeks after
Chiang Ching-kuo’s death, he received a call from
the Office of the President inviting him and Wu Hsin,
a fellow supplementary legislator, to meet with Lee
Teng-hui at the Presidential Office Building to discuss
some matters.
When they met, Lee Teng-hui straightforwardly
asked Huang and Wu what they thought about his
situation. According to Article 49 of the Constitution,
they answered, there was no question about his succession to the presidency. However, the KMT was
a Lenin-style autocratic party that ruled through the
September 6, 2021: Huang Chu-wen recalling the
negotiating process for amending Article 100 of the
Criminal Code. Photographer: Huang Yen-wen
party. Lee Teng-hui controlled neither the party, government, and military, nor intelligence agencies. None
of the five powers in the five-power Constitution was
under his control. In other words, he was little more
than a titular head.
The three men agreed that the pro-localization
faction must establish their own forces within the
Legislative Yuan. Lee Teng-hui told Huang and Wu
to gather all native-born legislators and establish a
political sub-group in the Legislative Yuan to push for
local reforms.
On April 22, 1988, the Legislative Yuan’s political sub-group Brainstorming Breakfast Assembly
was officially established. The group held a breakfast
meeting each day, with the purpose of “consolidating
the leadership, stabilizing the political situation, and
promoting constitutional reform”. The group started
out with 21 legislators and eventually expanded to
over 40 people.
Soon after its founding, the Brainstorming Breakfast Assembly formed the Three-One Club with DPP
legislator Kang Ning-hsiang and others to cooperate
on matters of constitutional reform, such as ending
the indefinite terms of senior legislators and a full National Assembly re-election.
“Three-One” refers to how supplementary legislators were re-elected “once every three years”. The name
clearly distanced them from the senior legislators that
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