Passing by the Zhongzheng First Precinct on April 11

Photo source / Occupation.today

Since 2009, the Alliance to Protect Taiwan via Referendum (hereinafter referred to as the Referendum Alliance) has held long-term assemblies around the Legislative Yuan, legally applying for road rights which the Taipei City Police Department consistently approved.

On April 9, 2014, on the eve of the conclusion of the 318 Movement, the Zhongzheng First Precinct of the Taipei City Police Department suddenly revoked the legally approved assembly previously granted to the Referendum Alliance, citing multiple violations of the Assembly and Procession Act and obstruction of official duties, and emphasized that future assembly applications by the group would be denied. After receiving the assembly and procession revocation notice, the Referendum Alliance filed a petition on April 10 in accordance with the Assembly and Procession Act. The then-Chief of the Zhongzheng First Precinct, Fang Yang-ning, subsequently promised not to carry out a forced dispersal.

In the early hours of the following morning, the Zhongzheng First Precinct broke its promise and dispersed the Referendum Alliance, sparking public outrage and prompting citizens to voluntarily gather in front of the Zhongzheng First Precinct to protest. Prosecutors subsequently indicted four individuals who were present, took the microphone to speak, or helped maintain crowd order on February 10, 2015.

Case Overview

A total of four defendants were indicted by prosecutors in this case, with six lawyers from the pro bono lawyer platform assisting in their defense. On December 30, 2016, the court of first instance convicted the four defendants of offenses including "obstruction of official duties" and "insulting a public official." On August 24, 2017, the second instance court acquitted the defendants of the "insult" charge, while upholding convictions of detention and probation for "obstruction of official duties," concluding the case.

The indicted charges and number of people are as follows:

Indicted Charges	Number of People
Article 135 Obstruction of Official Duties (punishable by up to 3 years)	2 people
Article 140 Insulting a Public Office (punishable by up to 6 months)	2 people
Assembly and Procession Act Article 29 Ringleader of Refusing to Disperse an Assembly or Procession (punishable by up to 2 years)	1 person
Assembly and Procession Act Article 30 Insulting a Public Office During an Assembly or Procession (punishable by up to 2 years)	1 person

Results of the First Instance

Name	Charge	Sentence	Total Execution
Hung O-yen	Article 30 Insult Offense, Assembly and Procession Act	55 days of detention	55 days of detention
	Article 29, Assembly and Procession Act	Acquitted
Hsiao O-ch'eng	Crime of Obstruction of Public Officials in the Performance of Duties	50 days of detention	80 days of detention
	Crime of Insulting a Public Official	40 days of detention
Sa O-an Walinayina	Crime of Obstruction of Public Officials in the Performance of Duties	40 days of detention	40 days of detention
T'ao O	Crime of Insulting a Public Official	30 days of detention	30 days of detention

Results of the Second Instance

Name	Charge	Sentence	Total Execution
Hung O-yen	Article 30 Insult Offense, Assembly and Procession Act	Acquitted	--
	Article 29, Assembly and Procession Act	Acquitted
Hsiao O-ch'eng	Crime of Obstruction of Public Officials in the Performance of Duties	50 days of detention	50 days of detention
	Crime of Insulting a Public Official	Revoked
Sa O-an Walinayina	Crime of Obstruction of Public Officials in the Performance of Duties	40 days of detention	40 days of detention
T'ao O	Crime of Insulting a Public Official	Acquitted	--