Martial law in Taiwan
Martial law in Taiwan | |
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Tâi-lô | Tâi-uân-síng Kài-giâm Līng |
Declaration of Martial Law in Taiwan Province 臺灣省戒嚴令 | |
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Original title | 臺灣省政府、臺灣省警備總司令部佈告戒字第壹號 |
Ratified | 19 May 1949 |
Date effective | 20 May 1949 |
Repealed | 15 July 1987 |
Location | Taipei, Taiwan, Republic of China |
Commissioned by | Taiwan Provincial Government and Taiwan Garrison Command |
Signatories | Chen Cheng, Chairman and Commander |
Presidential Order on Lifting of Martial Law in Taiwan 臺灣地區解嚴令 | |
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National Defense |
Taiwan portal |
Martial law in Taiwan (
With the outbreak of Chinese Civil War, the "Declaration of Martial Law in Taiwan Province" (臺灣省戒嚴令; Táiwān Shěng Jièyán Lìng; Tâi-oân-séng Kài-giâm Lēng) was enacted by Chen Cheng, who served as the chairman of Taiwan Provincial Government and commander of Taiwan Garrison Command, on 19 May 1949. This order was effective within the territory of Taiwan Province (including Island of Taiwan and Penghu).[3] The provincial martial law order was then superseded by an amendment of the "Declaration of Nationwide Martial Law", which was enacted by the central government after the amendment received a retroactive consent by the Legislative Yuan on 14 March 1950. Martial law in Taiwan Area (including Island of Taiwan, Penghu) was lifted by a Presidential order promulgated by President Chiang Ching-kuo on 15 July 1987.[4]
History of martial law under the Republic of China
The history of martial law of the
- The first period of martial law was enacted by Chen Yi, Chief Executive of Taiwan Province on 28th February 1947. It was lifted shortly on 2nd March 1947 by request from members of the Taiwan Representative Council and the National Assembly hoping to cool down the tension.
- The incident broke out due to a wide protest on economic collapse because of the Kuomintang's occupation administration. The second period of martial law was enacted by Chen Yi again on 9th March 1947. The tension of the incidents caused the Republic of China to reform the Taiwan Provincial Government. After the incident was fully repressed, martial law was lifted on 16th May 1947 by the first Chairman of Taiwan Provincial Government Wei Tao-ming.
At the same time, the Chinese Civil War was also raging in the Republic of China. In April 1948, the newly elected National Assembly passed the Temporary Provisions against the Communist Rebellion as a constitutional amendment. This became the factual legal basis for the martial law in effect between 1948 and 1987.[6]
- The first declaration of nationwide martial law was enacted by President Chiang Kai-shek on 10th December 1948. The declaration was effective nationwide except in Sinkiang, Xikang, Qinghai, Tibet Area and Taiwan. The territory in the north of the Yangtze River was declared as the War Zone, and the south was declared as the Alert Zone. With the continuing of the civil war, Chiang resigned as president on 21st January 1949, as KMT forces suffered terrible losses and defections to the Chinese Communist Party. The Vice President Li Zongren was then sworn in as the Acting President. He decided to lift the nationwide martial law on 24th January in order to ease the situation and conduct negotiations with the Chinese Communist Party.
- As an increasing number of refugees of the Chinese Civil War fled to Taiwan, the Declaration of Martial Law in Taiwan Province was enacted by Chen Cheng, who served as the chairman of Taiwan Provincial Government and commander of Taiwan Garrison Command, on 19 May 1949. This order was effective within the territory of Taiwan Province.
- The negotiations between the were included.
The situation became worse in later months. In September 1949, Chen Cheng then submitted a request to Premier Yan Xishan, proposing to amend the second Declaration of Nationwide Martial Law to add Hainan and Taiwan into the War Zone. However, the Acting President Li Zongren then fled to Hong Kong in November 1949 and did not ratify the amendment.
The outcome of the
The procedure of the ratification of the martial law declarations was significantly flawed as found by an investigation conducted by the Control Yuan.[9][10]
Influence of martial law
In December 1949, the
Also in the year 1949, a series of relevant regulations were promulgated by ROC government, including the Regulations to prevent unlawful assembly, association, procession, petition, strike under martial law, the Measures to regulate newspapers, magazines and book publication under the martial law and the Regulations for the punishment of rebellions.
Under the martial law, the formation of new political parties was prohibited except the
The government was authorized by the martial law to
Taiwan Garrison Command had sweeping powers, including the right to arrest anyone voicing criticism of government policy and to screen publications prior to distribution. According to a recent[when?] report by the Executive Yuan of Taiwan, around 140,000 Taiwanese were arrested, tortured, imprisoned or executed for their real or perceived opposition to the KMT and 3000–4000 people were executed during the martial law period. Since these people were mainly from the intellectual and social elite an entire generation of political and social leaders was decimated.
Lifting of martial law
Enforcement was slowly relaxed after
Lifting of martial law permitted opposition political parties to be formed legally for the first time, giving Taiwan's fragmented but increasingly vocal opposition a new chance to organize. But even after the law was lifted, tight restrictions on freedom of assembly, speech and the press remained in place, having been written into a National Security Law, which had been passed a few days before the lifting of martial law.[17]
All declarations of martial law based on the
Compensation and memorials
In 1998, a law was passed to create the "Compensation Foundation for Improper Verdicts" which oversaw compensation to White Terror victims and families.[19][20] From 1998 to 2014, the foundation received 10,065 files. 1,940 were rejected for not relating to victims of the White Terror, as were 96 others under article 8 of the 1998 Compensation Act, whilst 7,965 applications were accepted, and 20,340 people were compensated.
In 2007, the Executive Yuan designated 15 July as "Commemoration Day of the Lifting of Martial Law".[21] President Ma Ying-jeou made an official apology in 2008, expressing hope that there would never be a tragedy similar to White Terror.[22]
See also
- History of Taiwan since 1945
- Period of mobilization for the suppression of Communist rebellion
- Censorship in Taiwan
- White Terror (Taiwan)
Notes
- ISBN 0-8330-3469-3.
- ^ Barker, Anne (28 March 2011). "Syria to end 48 years of martial law". ABC/Wire. ABC News. Retrieved 30 September 2014.
- ^ Han Chueng (15 May 2016). "Taiwan in Time: The precursor to total control". Taipei Times. p. 12. Retrieved 15 May 2016.
- ^ "Declaration of the Lifting of Martial Law Starting 12AM on 15 July 1987". National Central Library Gazette Online. Retrieved 14 July 2017.
- ^ Mulvenon (2003), p. 171.
- ^ 宜蘭市志—國府時期(1945~1961)
- ^ 全國戒嚴令
- ^ Zheng Jing, Cheng Nan-jung, Ye Xiangzhi, Xu Manqing (13 June 1987). <Shocking inside story of the Kinmen Military Murder Case>. Freedom Era Weekly, Ver 175-176.
{{cite book}}
: CS1 maint: multiple names: authors list (link) - ^ 臺灣發布戒嚴是否符合法定程序—監察院提調查報告
- ^ 監院報告:38年戒嚴令—發布有瑕疵
- ^ "Taiwanese Society Under Martial Law Remembered". 15 July 2007. Retrieved 20 September 2011.
- ISBN 9789576636493.(in Chinese)
- ^ "Taiwan Ends 4 Decades of Martial Law". The New York Times. Associated Press. 15 July 1987. Retrieved 8 October 2011.
- JSTOR 2644602.
- ^ Copper, John F. (1990). "Taiwan's Recent Elections: Fulfilling the Democratic Promise". Maryland Series in Contemporary Asian Studies. 1990 (6): 45–64. Retrieved 16 December 2022.
- ^ "Taiwan Communiqué no. 28". International Committee for Human Rights in Taiwan. January 1987. Retrieved 16 December 2022.
- ^ Gluck, Caroline (13 July 2007). "Remembering Taiwan's martial law". BBC News. Retrieved 20 September 2011.
- ^ Art. 3, the Act on the Security and Assistance for Kinmen, Matsu,
Tungsha, and Nansha (jinmen mazu dongsha nansha anquan ji fudao tiaoli, 金門馬祖東沙南沙地區安全及輔導條例), version in effect from 7 November 1992, to 12 May 1994. "《世紀金門百年輝煌》建縣百年 金門大事紀". 金門日報特訊月刊. 29 September 2014. Retrieved 9 August 2019.
- JSTOR 26380503.
- ^ "Compensation Act for Wrongful Trials on Charges of Sedition and Espionage during the Martial Law Period". Laws & Regulations Database of the Republic of China (Taiwan). Retrieved 15 December 2022.
- ^ "Chen marks 1987 martial-law abolition". Taiwan Today. 20 July 2007. Retrieved 15 December 2022.
- ^ Gluck, Caroline (16 July 2008). "Taiwan sorry for white terror era". BBC News. London. Retrieved 15 December 2022.