President Chiang Ching-kuo, on July 14, 1987, issued the order to lift the Chieh-yen (Emergency) Decree, thus paving the way for accelerated promotion and development of constitutional democracy in a society already noted for its significant improvement in social, economic, and cultural well-being.
On the same day, Dr. Yu-ming Shaw, ROC government spokesman and director-general of the Government Information Office, read the following statement regarding the lifting of the Emergency Decree in the Taiwan area:
In 1949, the nation was in a state or total armed rebellion by the Chinese Communists, and thus in a crisis or survival. To ensure the security of the "bastion of reconstruction," the Government had no other choice but to decree a state of Chieh-yen (hereafter, "emergency") in the Taiwan area. Over the past thirty-some years, the Government has on the one hand implemented emergency measures to a very limited; degree, but on the other, has actively promoted constitutional democracy, and made outstanding achievements in the areas or political democracy, economic prosperity, cultural development, and social stability. In this process, the actual effect of the emergency measures on the citizenry has been minimal. Some citizens of the Republic of China even now do not know that the Taiwan area has been in a state of emergency all these years.
During this emergency period, the Government held firm to its resolution to actively implement constitutional democracy at a steady pace. Accompanying growing prosperity and universal education, ROC citizens have in recent years shown great interest in public affairs and an increased desire to participate in government. These factors have served to lay a firm foundation for full implementation of constitutional democracy. In order to accelerate the promotion of constitutional democracy, to fully realize the spirit of the Constitution, to make government more democratic and society more open, and to improve the people's well-being, the Government is declaring the lifting of the Emergency Decree in the Taiwan area starting from midnight tonight. This decision is truly a milestone in the history of the development of constitutional democracy in the Republic of China.
According to the provisions of Martial Law, the Emergency Decree is a measure that permits the implementation of military control and military justice. Therefore, the lifting of the Emergency Decree has substantive significance in at least three areas.
First, it heralds the reduction or areas under military control, and expansion of the functions and powers of civilian administrative and judicial authorities. For example, civilians will no longer be tried in military courts: and even servicemen on active duty will not be tried in military courts, if the offense is a minor misdemeanor. Also, supervision of entry into and exit from the country will now be assigned to civilian police authorities, and regulation of publications will be transferred to the Government Information Office of the Executive Yuan.
Second, civil rights will be greatly expanded. For example, the right of people to engage in political activities will from now on be protected and facilitated by law. To this end, after the passing of the "Law on the Organization of Civic Groups" and the "Law on Assembly" by the Legislative Yuan in the near future, people may, in accordance with the law, organize political parties and other associations, and assemble and march publicly.
Third, administrative authorities must adhere to the law. After the lifting of the Emergency Decree, many activities will no longer be restricted, and the administrative scope of the various government authorities will no longer be vague and open to interpretation, as was the case during the emergency period: regular civilian law will govern. This will allow the general public and the legislature to better exercise their supervisory functions.
However, the Chinese Communist threat to the Republic of China has not diminished, and Communist infiltration and subversion will continue to be a danger to our security. For this reason, our country is still in a period of mobilization for the suppression of the Communist rebellion, and is in no case in a state of carefree peace and prosperity. Just as Premier Yu Kuo-hwa pointed out: "The lifting of the Emergency Decree means only that our government and people have the ability to manage any eventual crises they may face in a democratic manner; it docs not mean that threats to the nation's security no longer exist."
Accordingly, there are a number of preventive measures that must be taken. To safeguard the nation's security and protect social stability after the lifting of the Emergency Decree, the "National Security Law during the Period of Mobilization for Suppression of the Communist Rebellion" was drafted. It was written in the spirit of minimizing legislative restrictions, and incorporates standards adopted by other countries in the areas of entry and exit, searches and inspections for public security, coastal and mountain defenses, and mailers not yet within the jurisdictional domain of other laws currently in effect which pertain to national security. It is hoped that this law will help pave the way for constitutional democracy on the one hand, and on the other, protect national security, social stability, and the people's welfare.
We must point out that the greatest difference between the National Security Law and the Emergency Decree is, as mentioned in the preceding, that military control will be greatly reduced. Especially significant is that non-military personnel will no longer be subject to military trial, and even servicemen on active duty will be tried in civilian courts, if their offense is a minor misdemeanor. At the same time, civil rights will be greatly expanded Administrative and judicial mailers that could be handled by the highest commanding officer during the emergency period will now be released from military control. Thus there is a great difference between the mandates of the National Security Law and the Emergency Decree. Some critics have said that the National Security Law is only a "repackaging" of the Emergency Decree, and that the lifting or the Emergency Decree will impose even more restrictions than the decree itself did. This is a completely false assertion.
The Constitution endows the President with the prerogatives of commutation of criminal sentences and rehabilitation of rights. Since the main purpose of lifting the Emergency Decree is to ensure that Civilians will no longer be tried in military courts, the Government has decided to offer commutation of sentences and rehabilitation of rights to civilians who were tried in military courts during the emergency period and who are currently serving prison sentences. This is to promote social harmony, encourage such individuals to improve themselves, and allow them to once more have the opportunity to make contributions to society It is our hope that all citizens or the Republic of China will appreciate the significance of this event, and will work together to open this new phase in our nation's development.
After more than thirty years of efforts, our national development now has a firm foundation, and our people are diligent and responsible. Thus, we are full of confidence in our future.
President Chiang recently pointed out: "The lifting or the Emergency Decree at this Juncture is a clear demonstration of the Government's sincerity and integrity; it is the beginning of a new stage in the journey upon which the country has embarked, and a declaration of our confidence in the future of our country." The President also stated that the lifting of the Emergency Decree "will usher our country into a new era" in which "our society will be more democratic, freer, more prosperous, and more progressive."
Today, as we welcome the arrival of this new era, it is our fervent hope that all our compatriots at home and abroad will unite and work together toward further strengthening the "bastion of national reconstruction," and toward the reunification of China.