some rethinking. When public servants exercise government powers, the people usually are the disadvantaged. This is against the law makers’ intent and also substantially restricts the people’s freedom of assembly, thus violating the freedom of assembly protected under Article 14 of the Constitution and the proportionality defined in Article 23 thereof. 125. The case of the protest against eviction by Daguang Community members at the inauguration ceremony of the National Housing and Urban Regeneration Center on August 2, 2018, and the case of the protest raised by the same members at Jiangcui Elementary School on August 4, 2018 both incidentally impinged on the President’s security on those days. Therefore, the police authorities in the area, the Taipei City Police Department and the Haishan Precinct of the New Taipei City Police Department, not only monitored the assembly and march in accordance with the Assembly and Parade Act and Police Power Exercise Act, but also confined the people participating in the assembly to a pre-defined and circumscribed zone to state their opinion, in accordance with Article 12 of the Special Guard Service Act. However, the setup of the zone was not communicated to the protesters prior to the assembly and march. The zone, for which its location, area and time was inconsistently defined, not only restricted the protesters’ personal freedom, but also made it very difficult for the protesters to communicate their claims to the authorities effectively, thus impeding the public’s exercise of freedom of assembly. If the National Security Bureau and National Police Agency wish to set up an “opinion zone,” they must alert the public in advance of the location, area and time applicable to such a zone. Meanwhile, the area and time made available to this zone should also be proportionally adjusted to strike a balance in preventing the people’s fundamental rights from being restricted and allowing channels for expression of objections, while at the same time mitigating the conflict in law enforcement between the President’s security and the people’s freedom of association. Upon investigation and subsequent follow-up by the Control Yuan, the National Security Bureau and National Police Agency now publish the details of opinion zones in advance, in order to reduce any unnecessary misunderstanding and conflict and inform the protesters of the defined scope, time and controls. 126. In order to execute the Multi-functional Commerce Park urban plan, Kaohsiung City Government evicted the residents in the area “Special Trade 4B” and demolished their housing. When the people supporting the residents made a public petition on April 13, 2018, the Cianjhen (Chien Chen) Precinct of the Kaohsiung City Police Department exercised excessive police force to stop the public petition and this precipitated intense resistance and physical engagement. The police exercised coercive force to remove the protesters and take them away in police cars and put them “under protective custody”. Clearly, the police authority exercised excessive restraints on the public 54

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