According to Chien Tai-lang, deputy minister of the interior, the revision, which still has to be submitted to the Legislative Yuan for ratification, requires event organizers to report their rally plans to the police five days in advance. In extenuating circumstances, notification can be given within a shorter time frame.
The current law requires organizers to file applications with police at least six days before a rally is to take place. Approval must be received before the march can take place.
Under the proposed amendment, the right of police to demand dispersal of a protest will be limited to certain circumstances such as acts of violence, incursions into off-limits areas, safety risks and traffic jams. "Police cannot dispel crowds and change their march routes without clear and imminent danger to public safety," Chien said. "Unless there are two groups of demonstrators whose routes are so close that there may be a threat to public safety, the police are not entitled to change their routes and the time of their rallies, nor can they order a dispersion."
In addition, the amendment abolishes stipulations banning protests advocating separatism and communism, while also removing maximum two-year jail terms for violators of the act. However, fines of up to NT$60,000 (US$1,819) will remain in place, with offenders facing imprisonment if their behavior violates the Criminal Code.
Eliminating the current 300-meter "safe distance" protecting areas such as the Presidential Office, the Control, Examination, Executive, Judicial and Legislative yuans, international airports, seaports and major military installations, consulates and the residences of representatives of foreign countries, is also being considered. "We are going to review this rigid requirement," Chien said. "New criteria are being studied and we are certain that the distance between crowds and those locations will be shortened."
On Nov. 27, Government Information Office Minister and Cabinet Spokeswoman Vanessa Yea-ping Shih noted that establishing a tradition of cooperation between the police and demonstrators, "in which elements of self-discipline and mutual respect should be the guiding principles," would be a top priority when amending the assembly act.
The act, which was passed in 1988, has come under fire in recent weeks following a round-the-clock sit-in at Liberty Square by the Wild Strawberry Student Movement. Similar student protests have been taking place in other cities, including Chiayi, Hsinchu, Taichung and Tainan.
A representative of the protestors said Dec. 5 that the group welcomed the Cabinet's proposal, but believed the new version still restricts the public's freedom to organize protests because registration is compulsory.
In response, Chien denied the proposal was just the same police powers under a new guise. "Less than 0.35 percent of applications for protests are rejected under the current system," he said. Chien added that the change would ensure trouble-free rallies.
Write to Edwin Hsiao at edwinhsiao@mail.gio.gov.tw