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法規名稱(Title) Regulations Governing the Forcible Deportation of the People of the Mainland Area and the Residents of Hong Kong and Macau Ch
公發布日(Date) 2016.11.14
法規沿革(Legislative) Promulgated by order of the Ministry of the Interior No.Tai-Nei-Jing-Tze-8871992 on October 27, 1999 and became effective on the same day; in case the circumstances prescribed in the proviso of Article 62 of the Act Governing the Relations with Hong Kong and Macau are present, this Regulations will not be effective until part or the whole of the Act Governing the Relations with Hong Kong and Macau takes effect
Amendment of Articles 1, 4, 7 and 10 promulgated by order of the Ministry of the Interior No. Tai-Nei-Jing-Tze-09300028692 on March 15, 2004
Amendment of 14 articles promulgated by order of the Ministry of the Interior No. Tai-Nei-Jing-Tze-0990904505 on March 24, 2010 and took effect on the same day
Amendment of paragraphs 1, 3, 4, of Article 4 and paragraph 2 of Article 9, in which the jurisdiction was shifted to the National Immigration Agency, Ministry of the Interior from January 2, 2015, promulgated by order of the Executive Yuan No. Yuan-Tai-Gui-Tze-1030158355 on December 26, 2014
Amendment covering all 17 articles promulgated by order of the Ministry of the Interior No. Tai-Nei-Yi-Tze-1050964118 on Nov. 14, 2016 and became effective on the same day
法規內文(Content) Article 1  This Regulations is enacted in accordance with paragraph 4 of Article 18 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area (hereinafter referred to as the Cross-Strait Act) and paragraph 4 of Article 14 of the Act Governing Relations with Hong Kong and Macau (hereinafter referred to as the Hong Kong and Macau Act.)
 
Article 2  The people of the Mainland Area or the residents of Hong Kong or Macau may be forcibly chased away by the competent authorities if they have entered the restricted or banned waters of the Taiwan Area.
 
Article 3  The people of the Mainland Area or the residents of Hong Kong or Macau, who have not been permitted to enter the Taiwan Area and are intercepted at the port of entry of the Taiwan Area, may be repatriated by the competent authorities which may demand the captain or agent of the aircraft or ship to arrange such a repatriation by a flight or ship that departs from the Taiwan Area on the same day or the next flight or ship.
 
Article 4  The National Immigration Agency (hereinafter referred to as the NIA) or other agencies, if capturing or uncovering the people of the Mainland Area or the residents of Hong Kong or Macau, who may be deported from or ordered to leave the Taiwan Area within ten days for violating the provisions of paragraph 1 of Article 18 of the Cross-Strait Act or paragraph 1 of Article 14 of the Hong Kong and Macau Act, shall verify their identities and take their statements on conducting the investigation. In case criminal offences are involved, they shall be first referred to judicial departments for investigation. Those, who have not been taken into custody, arrested with a warrant, detained or restricted from exiting the State, or found to be involved in any criminal cases, shall be referred along with the information related to the involved cases to the NIA to be dealt with in accordance with the law by other agencies.
The agencies, that are referring the people of the Mainland Area or the residents of Hong Kong or Macau to the NIA to be dealt with, shall notify the NIA if the subjects referred have been involved in criminal cases that have entered judicial proceedings before their forcible removal.
The NIA, after having learned that the people of the Mainland Area or the residents of Hong Kong or Macau, who are subject to forcible deportation measures, have entered judicial proceedings, shall notify judicial agencies ten days prior to the forcible removal.
When the people of the Mainland Area or the residents of Hong Kong or Macau, whose detention has been continued or extended by the court, have been forcibly removed, the NIA shall forthright inform the court of first instance.
 
Article 5  When the Mainland boats, with no permission, have entered the restricted or banned waters of the Taiwan Area, and the crew members on board of the boats, after having been detained for investigation by the competent authorities and discovered to be in any of the circumstances prescribed in all subparagraphs of paragraph 1 of Article 18 of the Cross-Strait Act or paragraph 1 of Article 14 of the Hong Kong and Macau Act, they shall be dealt with in accordance with the following provisions:
  1. The seized boats shall, in accordance with provisions, be given back and the competent authorities shall transfer related information of the case to the NIA and assist it in the compulsory exit of detained crew members by the original boats.
  2. In case the seized boats shall, in accordance with the law, be confiscated, the competent authorities shall transfer related information of the case to the NIA and assist it in the compulsory exit of detained crew members by boat pool or in accordance with the provisions of Article 15.
  3. In case the boats are not seized but the crew members shall be detained for investigation, the detained crew members shall, in accordance with the preceding subparagraph, be subjected to compulsory exit.
The crew members prescribed in the preceding Article shall, if they have been involved in criminal cases, be first dealt with in accordance with related provisions.
 
Article 6  The NIA may order the people of the Mainland Area or the residents of Hong Kong or Macau, who have any of the circumstances prescribed in all subparagraphs of paragraph 1, Article 18 of the Cross-Strait Act or paragraph 1 of Article 14 of the Hong Kong and Macau Act, to leave the State within ten days before forcibly removing them. The NIA may forcibly deport them in case they have any of the following circumstances:
  1. Having entered the State without permission;
  2. Having no fixed domicile or residence in the Taiwan Area;
  3. Having facts justifying the concerns that they may run away or will be unwilling to leave the State voluntarily;
  4. Having been involved in crime or having a habit in committing crime.
  5. Having the potential of threatening national interests, public safety and public order or engaging in terrorist activity.
The people of the Mainland Area or the residents of Hong Kong or Macau, who have overstayed their stay or residency, have volunteered to leave the State before they are captured or uncovered and have shown, when checked, that they have not been involved in any other statutory violation, and have not been restricted or banned from leaving the State by the law, may be ordered by the NIA to leave the State within ten days after completing all exit procedures within a required period of time.
 
Article 7  The people of the Mainland Area and the citizens of Hong Kong and Macau, who are subject to forcible deportation, shall be given a chance to state their opinions which shall be recorded in writing, verified to be true and affixed with their signatures or fingerprint prior to the decision to have them deported is made. The NIA shall consider their opinions, make immediate evaluation and cease the execution of their deportation if their opinions are found to be justifiable; in case their opinions are deemed not justifiable, the measure of forcible deportation should be written in the language that they can comprehend with information set forth in the following items:
  1. The name, gender, birth date, ID number and domicile or residence in the Taiwan Area of the person subject to the measure of forcible deportation;
  2. Facts;
  3. The basis and grounds of the forcible deportation;
  4. The remedy, duration and receiving agency of objection to the measure.
The written measure set forth in the preceding paragraph shall be served to the person subject to the measure of forcible deportation and the authorized organization of his/her country of origin in the State or the designated relative or friend shall be notified within 24 hours. This requirement is not applicable to the situation in which there is no such authorized organization of country of origin or designated relative or friend in the State.
 
Article 8  The NIA, prior to executing the forcible deportation of the people of the Mainland Area or the residents of Hong Kong or Macau, may postpone the deportation if there is  any of the circumstances prescribed in the following all subparagraphs. The NIA may execute the forcible deportation after the circumstance disappears.
  1. Having been pregnant for over five months or having given birth or having a miscarriage within the past two months;
  2. Having suffered from a disease which might be life-threatening if forcibly deported;
  3. Having suffered from a statutory contagious disease which has not been healed and might be transmitted to others if forcibly deported;
  4. Being below the age of 18, senile or physically or mentally handicapped, making solitary exit impossible while no assistance can be secured for such an exit;
  5. Having been notified of restricted exit by the judicial or other departments;
  6. Having other facts deemed necessary to postpone forcible deportation.
The people of the Mainland Area or the residents of Hong Kong or Macau stated in the preceding paragraph may jointly sign an affidavit with a person who has household registration in the Taiwan Area, or a charitable organization or a person approved of by the NIA to request a postponement of forcible deportation; in case an authorized organization instituted in Taiwan Area by the Mainland Area, Hong Kong or Macau, the organization may be requested to give assistance in postponing the forcible deportation.
The people of the Mainland Area or the residents of Hong Kong or Macau, who have any of the circumstances prescribed in subparagraphs 1 to 4 of paragraph 1 which entitle postponed forcible deportation, shall submit the diagnosis certificate issued by a hospital accredited as qualified by the competent central health organization except for being younger than 18 years old; a certificate approved of by the NIA has to be submitted if there is the circumstance prescribed in subparagraph 6.
 
Article 9  The NIA shall, prior to meting out the measure of forcibly deporting the people of the Mainland Area or the citizens of Hong Kong or Macau who have acquired the right of residency or permanent residency for naturalization and have the circumstances that will lead to their forcible deportation, hold a review committee to review the measure. When the parties have any of the circumstances proscribed in all subparagraphs of proviso of paragraph 3 of Article 18 of the Cross-Strait Act or all subparagraphs of proviso of paragraph 3 of Article 14 of the Hong Kong and Macau Act, the NIA may mete out the measure of forcible deportation and directly forcibly deport them without the review of the review committee.
 
Article 10  Police departments or other related agencies may be called upon for the assistance needed in executing the forcible deportation of the people of the Mainland Area or the residents of Hong Kong and Macau.
 
Article 11  Evidence against the people of the Mainland Area or the residents of Hong Kong and Macau, who are subjected to the measure of forcible deportation, shall be prudently collected and verified, and their photos, investigating statements and fingerprint shall be taken prior to their forcible deportation.
 
Article 12  The provisions of Articles 5 to 11 may not be applicable to the people who are subjected to being chased away as prescribed in Article 2 or repatriation as prescribed in Article 3.
This Regulations shall not be applicable to the people of the Mainland Area or the residents of Hong Kong and Macau, who have overstayed their residency for less than 30 days and the original grounds of their applications for residency remain, and they may reapply for residency after being penalized in accordance with the provisions.
 
Article 13  Executing the forcible deportation of the people of the Mainland Area and the residents of Hong Kong and Macau, the NIA shall send officers to escort them to the airport or sea port, monitor their exit, and act in accordance with the following provisions:
  1. The body and the possessions of people subjected to forcible deportation shall be checked prior to such deportation. In case the people subjected to forcible deportation are female, the check of the body shall be done by female officers.
  2. To take deportees to the nearest airport for a flight leaving the State shall be the principle to be followed; the deportees may be taken to the nearest sea port for a boat trip leaving this State if necessary.
  3. Force may be applied and weapons and guard instruments may, in accordance with regulations, be used if there is resistance or concern of escape.
 
Article 14  The people of the Mainland Area or the residents of Hong Kong and Macau, who are under the measure of forcible deportation and qualified to be put under the measure of detention substitute in accordance with provisions, may be exempted from being guarded and monitored during deportation if they, during the detention substitute, meet the provisions prescribed in the following items:
  1. Paying regular visits to the NIA designated specialized operation brigade to report daily activity.
  2. Having never left the restricted domicile or residence without permission for over 24 hours.
  3. Being regularly visited by the NIA officers at the designated place.
  4. Having never failed to respond to contact made by the NIA officers for three times in a row within twenty four hours.
  5. Having violated the provisions set forth in the preceding four subparagraphs with reasons considered to be justifiable by the NIA.
The preceding paragraph shall not be applicable if the people of the Mainland Area or the residents of Hong Kong and Macau have breached other statutes and orders, statutory restrictions, exit bans or have the facts that justify guarded and monitored exit.
 
Article 15  The forcible deportation prescribed in this Regulations may be executed by the commissioned Red Cross Society of the Republic of China or the organization set up or designated by the Executive Yuan or commissioned civil groups.
 
Article 16  The budget needed to execute forcible deportation shall be planned in accordance with the budgetary procedures. If other laws prescribe it otherwise, they shall be observed.
 
Article 17  This Regulations shall go into effect on the date of promulgation.