This case was initiated by citizens Wang Kuang-lu, Pan Chih-chiang, Chou Huai-en, Chen Shao-yi, as well as judges from the Criminal 7th Division of the Supreme Court and the Criminal Division 4 of the Taiwan Taoyuan District Court, who requested an interpretation of the Constitution. They claimed that the criminal penalties stipulated in Article 20, Subparagraph 1 of the Firearms, Ammunition, and Knives Control Act (which prohibits the manufacture, transport, or possession of “self-made hunting rifles” by Indigenous peoples without permission) were the only criminal penalties removed, violating the principles of legal clarity and proportionality under the Constitution; and that the failure to decriminalize the possession of air guns violated the principle of equality under the Constitution. Additionally, they contended that the definition of “self-made hunting guns” in Article 2, Subparagraph 3 of The Regulations Governing Permission and Management of Guns, Ammunition, Knives and Weapons exceeded the authority of the law. Moreover, they highlighted that the Act on Wildlife Conservation (e.g., Article 18, Paragraph 1, Subparagraph 1; Article 21-1; and Article 41, Paragraph 1, Subparagraph 1); the prior approval system mandated by the Management Guidelines for Hunting, Killing, and Using Wildlife based on the Traditional Cultural and Ritual Needs of Indigenous Peoples and Supplementary Appendices; and the lack of regulations for “self-use” in Article 21-1, Paragraph 1 of the Act on Wildlife Conservation may be potentially unconstitutional. Thus, the aforementioned individuals requested a constitutional interpretation. The National Human Rights Commission was invited by the Judicial Yuan to participate in an oral debate on March 9, 2021, with commissioner Kao Yung-cheng appearing as the friend of the court.
Kao Yung-cheng commented that various International Human Rights Treaties-related documents declare that Indigenous peoples have the right to maintain their traditional cultures (including their right to live in traditional ways), which are widely recognized internationally. The rights to hunt as part of their culture and the protection of the environment and ecosystems are not necessarily in conflict. In fact, indigenous hunting practices, through their management of hunting grounds, often balance the protection of animal habitats with the sustainable use of natural resources.
Accordingly, the Judicial Yuan issued Interpretation No. 803 on May 7, 2021.