The Kaohsiung incident occurred December 10, 1979. Hundreds of radicals paraded through the streets of the city in southern Taiwan, injuring more than 180 security officers assigned to maintain order.
The incident was allegedly instigated by Formosa magazine. Several score suspects were arrested for investigation, but only eight were indicted by the military prosecutor. Thirty-seven were referred to civilian courts.
The eight indicted were high-ranking officials of Formosa magazine and faced trial on charges of sedition.
Indicted were Huang Hsin-chieh, member of the Legislative Yuan and publisher of the Formosa magazine; Shih Ming-teh, general manager of Formosa magazine; Yao Chia-wen, attorney at law and circulation controller of Formosa; Chang Chun-hung, member of the Taiwan Provincial Assembly and chief editor of Formosa; Lin Yi-hsiung, member of the Taiwan Provincial Assembly and circulation controller of Formosa; Lin Hung-hsuan, executive of the Kaohsiung office of Formosa; Lu Hsiu-lien, deputy director of Formosa; and Chen Chu, deputy director of the Kaohsiung office of Formosa.
Following is a digest of the Bill of Indictment prepared by the military prosecutor:
In March, 1979, Huang Hsin-chieh directed Hung Chih-liang to discuss with the Chinese Communist "embassy" in Tokyo the shipment of eel fry from the Chinese mainland to Taiwan via Japan. He hoped to use the profit for subversive activities. Through arrangement of Chinese Communist personnel in Japan, Hung went to the mainland March 29 and stayed until April 10. After returning to Taiwan, he reported to Huang Hsin-chieh that he had succeeded in the business discussions and conveyed a message from Yang Szu-teh, deputy secretary general of the "Chinese People's Political Consultative Conference" to the effect that peaceful unification should be carried out and that if it was, Taiwan would be made an autonomous district and Huang would be appointed governor. Huang said it would be inconvenient for him to move to the forefront, so he ordered Hung to go ahead while he carried out "Taiwan independence movement" activities with Yao Chia-wen. Huang tried to collaborate with both the Communists and "Taiwan independence elements" in efforts to overthrow the government by illegal means. Shih Ming-teh was sentenced to life imprisonment by the Taiwan Garrison Command in 1959 for sedition. On June 16, 1977, he was released upon commutation of his sentence. But he never showed repentance. Yao Chia-wen was influenced by a seditious element, Peng Ming-min; Chang Chun-hung and Lin Yi-hsiung were misled by Chang Chin-che in their early years. With all of them harboring a seditious mentality, they began to collaborate in 1978 in an attempt to overthrow the government by illegal means. When Lin Hung-hsuan, Lu Hsiu-lien and Chen Chu were in the United States, their seditious mentality was abetted by the influence of another seditious element, Chang Tsan-hung. They advocated overthrow of the government by violence. In March and April, 1979, Huang Hsin-chieh directed Shih Ming-teh, Yao Chia-wen, Lin Yi-hsiung, Chang Chun-hung and Hsu Hsin-liang, the so-called five-man small group, in preparing "long-range and short-range power-seizure plans" as steps in subversion. The so-called "long-range power-seizure plan" was to use the Formosa magazine as a center to sponsor various activities, attract sympathizers and augment their strength so as to become a decisive influence in the seizure of political power. The so-called "short-range power-seizure plan" was intended to take advantage of masses, rallies, parades and demonstrations to gradually escalate the level of violence and quickly overthrow the government. The accused did not hesitate to resort to bloody conflict with government troops. They believed that no matter what approach was taken, they had to build up their influence and create a base in the masses of the people. In May of 1979, Huang organized the Formosa magazine office as a cover for his seditious activities. He planned to set up service stations across the island to develop his organization and sponsor mass activities. In August, the Formosa magazine began publication. The accused then began to hold a number of gatherings, lectures, parades and demonstrations in various places in an attempt to conceal their illegal activities with pretended legality. They used the false slogans of human rights, democracy and freedom in radical statements to besmirch the government, sabotage solidarity, stir up troubles and create conflict. This simultaneous application of both the long-range plan and the short-range plan was intended to attain the goal of overthrowing the government by illegal means. Lin Hung-hsuan, Lu Hsiu-lien and Chen Chu returned to Taiwan one after the other and entered into collaboration with Shih Ming-teh and Yao Chia-wen in trying to overthrow the government through mass violence. Yao Chia-wen established five guiding principles on the basis of their past activities: indirect approach, flexibility, concentration, solidarity and strength. The so-called principle of strength involved preparations for resort to violence. They did not hesitate to use violence and regarded violence as a constant possibility to attain their goal. On December 10, 1979, which was World Human Rights Day, Shih Ming-teh tried to escalate a mass rally into violence as a step in the power-seizure plan designed to overthrow the government. He had proposed this to Huang Hsin-chieh in writing and obtained his approval. A mass rally in commemoration of World Human Rights Day was planned for Kaohsiung city. Because of inconsistency with provisions of law, the application for a rally permit was turned down. Shih ignored the law and went ahead with plans to hold the rally as scheduled. He went to the magazine's Kaohsiung office to supervise preparations. On the afternoons of December 7 and 9, he called preparatory meetings to make assignments. He ordered Chen Fu-lai, Lin Hsin-chi and Chen Min-hsiung to buy clubs and torches. He was to be commander in chief of the rally. Lin Hung-hsuan was named liaison officer in charge of communications with elements abroad in case of serious incidents. Chen Chu was placed in charge of notifying the various service offices of the magazine to assemble more than 200 hoodlums to participate in the rally. Huang Hsin-chieh, Yao Chia-wen, Lu Hsiu-Iien, Chang Chun-hung and Shih Ming-teh were in charge of haranguing the masses. On the evening of December 9, Yao Kuo-chien and Chiu Sheng-hsiung were ordered to broadcast propaganda on the streets in an open attempt to inflame the masses and lead them to participate in the illegal rally scheduled for the next day. When Yao and Chiu were stopped, they attacked the police. At 6: 10 p.m. December 10, more than 200 hoodlums assembled in front of the Kaohsiung office of the Formosa magazine, each carrying a torch. Huang Hsin-chieh and some others, wearing tricolor sashes, armbands or redcloth strips bearing their names, led the hoodlums in a parade toward the Hsinhsing Sub-district Police Bureau. After arriving there, Huang Hsin-chieh, Yao Chia-wen, Shih Ming-teh and Chang Chun-hung made speeches seeking to arouse the people. The parade had been stopped by a police cordon, and speakers urged the rioters to break through the police lines. The rioters used torches, placard poles, clubs stockpiled in the propaganda vehicles, steel bars pulled from the barricade of a traffic safety island and brickbats as weapons in attacking security forces. They made four assaults. Security forces did not fight back, hoping to contain the violence. A number of security officers were wounded. Seeking to avert more casualties, the security commander ordered the use of a smoke screen and tear gas to disperse the rioters. The defendants were referred to the Taiwan Garrison Command for investigation.
After interrogation, the defendants confessed to the aforementioned crimes. The facts are borne out by the various versions. The confession of Hung Chih-liang provides proof of the seditious intentions of the defendants. Evidence of Huang Hsin-chieh's seditious intentions is found in a Legislative Yuan memo slip bearing Huang's handwritten Chinese characters saying: "Chang Jung-mo and Chen Li-yang, Gen Lai Sou (Hotel), Oi, Shinagawa Ku, 7725512, 7712450." This was handed to Hung. The "World United Formosans for Independence" is a seditious organization advocating subversion of the government by violence and has called for riotous activities. Chang Tsan-hung is its chairman and Chang Chin-che is a principal element. Evidence of this is found in a letter of the National Security Bureau. Evidence of the defendants' collaboration with overseas seditious elements includes a notebook including the address of Chang Tsan-hung, Chang's letters and seditious publications published abroad. Another piece of evidence is a notebook citing the five major principles written by Yao Chia-wen and indicating that the defendants have attempted to subvert the government by force and violence. Regarding the subversive activities undertaken by the Formosa magazine, the testimonies of Chen Ming-hsiung, Chen Jui-ching, Chen Wu-hsun, Chen Fo-lai, Lin Hsing-chih and Wang Ching-li; of witnesses Wang Ya-jung, Wei Yu-lin, Tung Chin-lung, Chang Hsueh and Lin Feng-san; and of wounded security personnel Pan San-tu, Wu Ching-yu and Chen Hsiao-jung reveal the whole truth of the Kaohsiung incident. These facts are also supported by 183 medical reports; photos showing the parade, speechmaking and attacks on police; sound tapes; wooden clubs, bamboo sticks, iron bars, diesel oil, stones, broken helmets, shields, loud speakers, microphones, billy clubs and electric clubs. The crimes of the defendants are clearly evident.
All of the defendants, Huang Hsin-chieh and others, have harbored schemes of sedition. They used the Formosa magazine as supposed legal cover in carrying out their so-called "plan for seizing political power." They instigated the Kaohsiung incident, hoping gradually to escalate illegal mass violence and subvert the government, and have in fact carried out their plan. Their actions violated the first paragraph of Article 2 of the Statute Governing the Punishment for Sedition by attempting to subvert the government by illegal means and by carrying out subversive activities, Article 72 of the Criminal Law for the Armed Forces by assembling the masses for violence and threat, Article 136 of the Criminal Code with a public assembly to violently threaten public functionaries in their execution of the law and Article 150 of the same Code by assembling a crowd for purposes of violence and threatening. Because the defendants resorted to violence and threats as ways and means of carrying out their attempts at sedition, severe penalties should be meted out under the law. The defendants committed crimes of sedition by attempting to subvert the government either because of their mistaken ideas or because they were misled by seditious elements. Since their arrest, they have admitted their mistakes and shown repentance. It is therefore requested that commutation of their sentences be considered to show leniency.
After the Bill of Indictment was published, Legislator Kang Ning-hsiang made an interpellation, "An Appeal for the Future of Our Democracy," on the Kaohsiung incident and the Executive Yuan answered him as follows:
The Kaoshiung incident was indeed unfortunate. It has impaired social order of long standing as well as the normal functioning of democratic government. Democracy is essentially a rational and peaceful competition based on the rule of law. Instigation of the people and resort to violence can never be allowed. The activists in the Kaohsiung incident failed to understand the painstaking efforts of the government to maintain democratic and constitutional rule in this difficult moment for the country. The masterminds of the incident engaged in endless distortions, magnified parochialism and sabotaged social unity and harmony in an attempt to undermine our fundamental political structure. With the public interest in mind, the government demonstrated maximum tolerance and used every channel in trying to communicate with the ringleaders. Unfortunately, the lawbreakers continued to assemble large numbers of people for an illegal parade that led to injuries among the security personnel assigned to preserve order. After the establishment of Formosa, the magazine carried out about a dozen mass activities, indicating that the Kaohsiung incident was a part of an overall plan and absolutely not, as Legislator Kang maintained, a result of their ignorance of what they were doing.
Since the Constitution came into force, the government has made democracy and constitutional rule its supreme goal in national development. A universal program of local self-government was begun in Taiwan in 1950. Since then, the government has gone to all lengths to cultivate the concept of democracy, to establish the democratic system and to encourage the expression of public opinion. Through the joint efforts of government and people, we have laid a strong foundation for democracy. We should treasure this achievement. In recent years, the government has addressed itself to renovating politics and strengthening the rule of law. It hoped that the rule of law would strengthen democracy, that democracy would ensure the rule of law and that we could finally stimulate overall political development and progress. To attain this objective, we have enlarged political participation and gradually improved our administrative system and cleansed our channels. More and more candidates have been fielded by various political parties and many prominent persons have been elected city and county chief executives and people's representatives at all levels. Even the lawbreakers of the Kaohsiung incident included some who had been elected or had sought to be elected as people's representatives. The education in democracy and the rules for competition raised by Legislator Kang are correct values emphasized and encouraged by the government. The central and local governments have always had a high regard for the views of the people's representatives at all levels. Views of all complexions can reach the government through channels of lawful participation. In turn, the government will respond to these views through lawful channels. Instead of resort to channels of legitimate participation, the lawbreakers of the Kaohsiung incident have repeatedly started mass movements. In so doing, they denied themselves use of the lawful channels of participation and seriously impaired these channels. We can scarcely agree with Legislator Kang that these violent activists have made contributions to democracy.
We admire Legislator Kang's consequential view that the government should push political improvement as hard as it has pushed the Ten Major Construction Projects. In the last three decades, the government has never overlooked political improvement while engaging in economic development. In practice, economic progress is founded on political improvement. Not one country in the world has made great economic achievements during political turmoil. Nearly all international commentators agree that our economic success is the result of enlightened politics, social stability and the people's diligence. The Kaohsiung incident instigated by staff members of the Formosa magazine has undermined social order and stability and affected economic development and improvement of the people's lives. It has therefore distressed friends and delighted enemies.
Democracy must be based on the rule of law. All democratic moves must proceed along the pathway provided by the rule of law. If the rule of law is discarded while advocating democracy, the foundation and reliance of democracy will be destroyed. If careerists ignore public opinion, violate the law and use democracy as a pretext for violence, their advocacy of democracy will be mere hypocrisy and their actions will be contrary to law. The government is responsible for ensuring social order and the people's security, so it had to intervene in accordance with the law. This is also imperative in safeguarding human rights. For years, the government has been dedicated and committed to ensuring human rights and has spared no effort in doing so. The activists of the Kaohsiung incident use "democracy" and "human rights" as a window dressing for their seditious activities. This has violated the peaceful and rational procedures of democracy and infringed on the freedom and human rights of society and the people. All the people in our country are aware that this was an act against democracy and human rights. The government will assuredly handle the case fairly in accordance with established practices of law. It will not, however, allow anyone to take advantage of the incident to make troubles nor permit anyone to interfere in complete disregard of the law.
The arrest, detention and investigation of defendants suspected of being involved in the incident will be carried out carefully in accordance with legal procedures. We will see to it that there is no corporal punishment, torture to extract confessions or other inhumane acts during the period of detention for investigation. Pending completion of the investigation, suspects have been held incommunicado as required for the purposes of the detention, but the government has returned all impounded articles that were found to be irrelevant to the case. By February 20, there were 146 cases in which the relatives of suspects supplied clothing and other personal articles for the suspects. All these were given to the suspects. Considering the number of people involved, the complexity of the case and the implications for the interest of the suspects, the time required for the investigation has been longer than usual, although still within legal limits. This has ensured careful investigation and a fair application of the law. As soon as the investigation is completed, all defendants will have public trials, by a military tribunal or the civilian courts. From the beginning, the government has assumed the attitude of "being distressed, not delighted, and healing, not hating." The government has adhered to the spirit of benevolence and forgiveness and handled the incident strictly as a legal case in accordance with the law. Any accusation of purge is groundless.
The progress of democracy and of the rule of law calls for continuous renewal of effort. So the government has never been content with current achievements. It has reviewed its work and made new and vigorous efforts from time to time. Our intention is to implement democracy and constitutional government in all of China to satisfy the common aspirations of all the Chinese people for unifying China under a democratic constitution. The Chinese Communist regime blocks the road to political democracy. We all know that Communist rule is autocratic and despotic and that there is no freedom for the individual on the Chinese mainland. This reality cannot be compared with the democratic constitutional government we have been implementing in this bastion of national recovery. We can hardly agree with Legislator Kang's comparison of our handling of the Kaohsiung incident with the Chinese Communist regime's handling of the Wei Ching-shen case. The Chinese Communists suppressed democracy and trampled on human rights, whereas we have undeniably upheld democracy and ensured human rights. The government hopes deeply that the handful of people who have lost their way will soon wake up and follow the majority of their patriotic compatriots in common endeavors to ensure the good future of this bastion of national recovery and the unification of China based on freedom and democracy. We must be aware that any activity opening up schism, disrupting social order and undermining national security will damage the country and injure the people and that the nation and each of us can have an assured future only through solidarity in the fight against Communism.
"The Chinese Communists have never stopped trying to infiltrate and subvert the Taiwan bastion of national recovery," President Chiang Ching-kuo warned in an interview with Il Giornale Nuovo (The New Journal) of Milan.
"However, the people of the Republic of China are fully aware of their tyranny and ruthless tactics," President Chiang told Italians. "We therefore have complete confidence and ability to smash the various subversive intrigues of the enemy."
On Sino-American relations a year after the diplomatic break, President Chiang said that "the friendly communication between the two peoples has continued without interruption and substantive relations have increased" during the last year.
"Trade is up sharply. The national strength of the Republic of China is on the rise. We have the confidence and defense capability to safeguard our security, freedom and independence," the President was quoted as saying.
President Chiang was answering written questions posed by Renzo Triofera, international correspondent of the influential Milan daily, who visited the Republic of China last October.
The interview was printed on page five under the title "The Future of Taiwan, After the Isolation.' "
President Chiang also told Italian readers that "the Republic of China's economy policy seeks the interest of all the people," and that "the goal of the Republic of China now is to convey the life style developed in Taiwan and our experience in developing it to our compatriots on the mainland as the blueprint for the reconstruction of all China."
In answering Triofera's questions, President Chiang said in full:
"The Republic of China and the United States have had a long-standing and cooperative relationship. Although the Carter administration unilaterally severed diplomatic relations with the Republic of China in December, 1978, the friendly communication between the two peoples has continued without interruption. Substantive relations have increased during the last year. Trade is up sharply. The national strength of the Republic of China is on the rise. We have the confidence and the defense capability to safeguard our security, freedom and independence.
"Our economic policy seeks the interest of all the people and therefore has won wide support. According to International Monetary Fund statistics on world trade, the Republic of China moved up from 25th place in 1977 to 21st place in 1978. Trade was US$23.7 billion in 1978 and more than US$31 billion in 1979. We have trade relations with more than 140 countries and hope the free world widely acknowledges what has been achieved under the free enterprise system of the Republic of China.
"The relations between the Republic of China and friendly countries are always reciprocal. We have ties of long standing with the moderate Arab countries. The Republic of China shares with these countries the same objective of serving the welfare of the people, the same sentiments of religious piety and the same sincere regard for human dignity. We are ready to have friendly ties with all freedom-loving countries in the world.
"From its establishment, the Republic of China has been an independent country standing for the traditional Confucian doctrine of humanity, and practicing Dr. Sun Yat-sen's Three Principles of the People, which stresses ethics, democracy and science. The modernization of a country must include its politics, its economics and its society. This implies development of political democracy, economic prosperity, social stability and cultural advance. During the last 30 years, the government has spared no effort to transform Taiwan, Penghu, Kinmen and Matsu into a peaceful and equalitarian society. Our goal now is to convey the life style developed there and our experience in developing it to our compatriots on the mainland as the blueprint for the reconstruction of all China.
"For 30 years, the Chinese Communists have never stopped trying to infiltrate and subvert the Taiwan bastion of national recovery. However, the people of the Republic of China have had more than 50 years of bitter experience in struggle against the Communists and are fully aware of their tyranny and ruthless tactics. We therefore have complete confidence and ability to smash the various subversive intrigues of the enemy. The Communists are now again turning to their 'united front' conspiracies of 'peace talks' and 'identification with and return to the mainland.' We are always ready to expose and frustrate these intrigues."
Free China has been striving to strengthen its relationship with Western Europe since the diplomatic rupture with the United States last year, Premier Y.S. Sun said in his Oral Administrative Report to the Legislative Yuan.
The Premier said efforts in this direction emphasize the augmentation of economic, trade and cultural interflow with West Germany, France and Britain.
"After a year of hard work, some Western European nations have established representative offices in the Republic of China to promote substantive relations," Sun reported.
Commenting on the government decision to liberalize trade restrictions with five Eastern European nations, the Premier described it as "a measure intended to diversify our trade markets and is absolutely not to be considered as a token of any change in our basic anti-Communist position."
To strengthen the nation's defense posture following termination of the Sino-American Mutual Defense Treaty, the government has redeployed the armed forces on Taiwan proper and the offshore islands, and carried out overall field combat exercises to augment the capability of the armed forces for "fighting a defensive war independently and coping with any eventuality," Premier Sun said.
Modernization of weapons and equipment is one of the four priority tasks in Free China's national defense development, the Premier said, naming the other three tasks as strengthening of the combat capability of the armed forces, perfection of reserve forces mobilization and development of the national defense industry.
He said the prototypes of speedboats, artillery and armored vehicles have been designed locally, adding that development of second-generation vessels and high-speed aircraft is the long-range target.
Pointing out that a prosperous economy is the "fountainhead" of national strength, he recalled that Free China has been doing well in promoting vigorous economic growth.
Premier Sun reported that the per capita income in the Republic of China has reached the equivalent of US$1,869.
Senator Barry Goldwater presented the Republic of China with 12 million signatures of Americans to pledge U.S. support and friendship.
The presentation took place at the Senator's office in Washington.
Konsin Shah, representing the Coordination Council for North American Affairs, accepted the signatures from Senator Goldwater on behalf of the Republic of China.
Goldwater said the list, which was the fruit of nearly a year's work by the Friends of Free China Association, that Americans have nothing but "high respect" for the people of the Republic of China.
"'With this,'" Senator Goldwater said, "we wish to express our respect and our continued regret for what our President has done."
President Jimmy Carter announced termination of diplomatic relations with the Republic of China December 15, 1978.
Senator Goldwater, who last visited Taipei at the end of last year, said he looks forward to a closer relationship between the Republic of China and the United States. "I hope to make many more visits to Taiwan," he added.
Specialists from the Republic of China are currently helping Saudi Arabia accelerate its development in many fields, the most recent examples being agriculture and medicine.
Equipment to process cactus juice for soft drinks soon will be exported to the Middle Eastern kingdom, the Food Industry Research and Development Institute reported.
The institute has presented a comprehensive design for a US$110,000 pilot plant to produce cactus juice along with the necessary processing know-how.
The Saudis were reported satisfied with the plan but have yet to place a firm order.
The pilot plant would have a daily capacity of two tons of cactus juice. This could be increased to 20 tons.
Cooperation with Saudi Arabia will be extended to forestry.
European and American experts have tried to start tree planting programs in Saudi Arabia but with little success.
The Chinese specialists will work on an experimental project at al-Haqsa Oasis in eastern Saudi Arabia and at Abha in Asir state.
Seedlings and other materials will come from Taiwan.
Cooperation in agricultural technology began in 1964. Two Chinese agricultural teams are working in Saudi Arabia and have won Saudi respect.
The Overseas Technical Cooperation Committee said the first agricultural mission went to Saudi Arabia in 1965 and ended its tour in 1969. The second left in 1972 and also stayed four years.
The third mission, led by Tsai Hai-tu, arrived in February, 1979. Its 34 members include specialists in vegetable cultivation, fertilizer, livestock, forestry, irrigation, reservoir construction, machinery engineering and chemistry.
Divided into six groups, the technicians are working at Masanay, Qassim Hofuf, Abha, Bishah and Wadi Dasiwir.
Two specialists in cardiology are in Jeddah to help Saudi Arabian hospitals carry out heart operations.
They are Hung Chi-jen, director of the department of surgical services at the National Taiwan University Hospital, and Lien Wen-pin, professor of cardiology at the NTU medical college.
The Retired Servicemen's Engineering Agency, has won contracts for two new Saudi construction projects to cost US$15.8 million.
One of the projects involves dredging and other harbor work at Jeddah. The other is highway construction.
Taipower opened its first large power substation at Taitung and a thermal power plant on Green Island.
L.K. Chen, chairman of the state enterprise, presided at the Taitung ceremony. This substation in a newly developing area has installed capacity of 60,000 kilowatts and cost NT$550 million. Taitung's generation capability is increased by seven times.
Chen said Taipower plans another Taitung substation of similar size with construction to begin in 1982. With capacity of 120,000 kilowatts by 1985, the area will be self-sufficient in power.
The Green Island plant generates 500 kilowatts for a population of more than 1,000.
Taipower is building three more Green Island plants of similar size. All will be completed in 1982 and the island will have sufficient power.
Dependence on energy from oil will be reduced from 73 per cent to 49 per cent in the next 10 years, Economic Minister Chang Kwang-shih said.
Last year, Taiwan consumed 25 million kiloliters of oil, of which more than 80 per cent was imported.
Chang said his ministry plans to increase oil exploration on land and sea, develop geothermal energy, increase coal production and encourage joint ventures with foreign companies in overseas exploration.
Chang said 8 per cent economic growth will be sought this year. Per capita income has been set at US$2,126 and foreign trade at US$39 billion with a sizable favorable balance. Inflation should not exceed 7.5 per cent, Chang added.
Two-way trade amounted to US$30.9 billion last year with the U.S. volume reaching US$9 billion and exceeding the total of U.S. trade with all Communist partners.
The government will continue measures to develop petrochemical and technology-intensive industries and at the same time with push modernization of light industry, Chang said.
Development of technology-intensive Taiwan industry is still in its infancy, Minister Chang said, and the government is supporting rapid scientific advance. Chang cited the science-based Industrial Park at Hsinchu as an example of the government's efforts.