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法規名稱(Title) Regulations Governing Temporary Detention of Passengers Ch
公發布日(Date) 2008.08.01
法規沿革(Legislative) A total of 15 Articles were promulgated by the decree of the Ministry of the Interior Tai-Nei-Yi-Tzu No. 0970900414 on August 1, 2008; effective date to be announced.
The Regulations were put in effect by the decree of the Ministry of the Interior Tai-Nei-Yi-Tzu No. 0971035715 on August 1, 2008.
法規內文(Content)

Article 1     These Regulations are enacted in accordance with Paragraph 3, Article 64 of the Immigration Act (hereinafter referred to as “the Act”).

 

Article 2     During the inspection of entry and exit by the staff of National Immigration Agency of the Ministry of the Interior (hereinafter referred to as “the Agency”), if there is sufficient evidence for the staff to believe that a person who meets one of the circumstances listed in Paragraph 1, Article 64 of the Act, the staff shall temporarily detain him/her in the service unit and shall conduct an investigation.

 

Article 3     When the Agency implements temporary detention, the Agency shall inform the person for the temporary detention (hereinafter referred to as “the detainee”) the reasons for the temporary detention and the related law(s) which have been violated. The Agency will not require informing the detainee for the reasons of the temporary detention if it is deemed to not be appropriate.

 

Article 4     When the Agency implements temporary detention, the Agency shall prepare work record book and shall record the following information regarding the detainee:

1.     The name, nationality, date of birth, gender, residency, type and number of identification document.

2.     The reason and the measure taken for the temporary detention. However, if it is not appropriate, the reason shall not be recorded.

3.     The starting time and ending time of the temporary detention.

4.     The name of the staff member(s) who implements the temporary detention.

The staff of the Agency shall have the detainee review and sign the logged information in the work record book as his/her acknowledgement of the validity of the logged information. If the detainee refuses to sign the work record book, the staff shall note the situation for future reference and verification.

 

The detainee may request a copy of the record described in subparagraph 1. The Agency shall grant the request unless it has a legitimate reason to refuse.

 

Article 5     The staff of the Agency shall pay attention to the condition of the detainee; if the detainee’s condition could be used in the investigation, it shall be recorded in the work record book.

 

Article 6     When the Agency implements temporary detention, the staff of the Agency shall monitor the health of and respect the rights of the detainee.

The staff shall notify medical personnel or related authorities immediately if the detainee is injured, in distress, or under any other situations that makes the detainee unfit for detention.

 

Article 7     The staff of the Agency shall use physical restraint (handcuffs or leg-cuffs) or weapons if the detainee meets one of the circumstances listed in Paragraph 2 or Paragraph 3, of Article 72 of the Act.

 

Article 8     The Agency shall interview the detainee and shall investigate the statements immediately. Moreover, the investigation shall be processed in accordance with Article 9 to 13 of the Act. If temporary detention is found to be unnecessary, the detainee shall be released at once.

 

Article 9     When the accused is detained in accordance with subparagraph 1 to 3 of Paragraph 1, Article 64 of the Act, the detainee shall be transferred to judicial authorities or shall be processed accordingly, after the investigation is completed by the Agency.

 

 

Article 10  When the accused is detained in accordance with subparagraph 2 of Paragraph 1, Article 64 of the Act, the accused shall be forbidden from entering and/or exiting the country according to Paragraph 1, Article 4 of the Act or he/she will be dealt with by other processes accordingly, after the investigation is completed by the Agency unless the accused is in violation of other laws, in which case the accused shall be processed in accordance with the other laws.

 

If the accused obstructs the inspection procedures, but has been prevented from continuing to obstruct the inspection or is stopped, the Agency shall release the accused from detention and shall record the obstruction of the accused in the work record book.

 

Article 11   When the accused  is detained in accordance with subparagraph 4 of Paragraph 1, Article 64 of the Act, the Agency shall notify the proper authorities, and the accused shall be forbidden from entering and/or exiting the country, and be transferred to the judicial authorities to be processed accordingly, after the Agency’s investigation has been completed.

 

Article 12   When the party is detained in accordance with subparagraph 4 of Paragraph 1, Article 64 of the Act, the agency shall notify the original judicial or military authorities to continue the processing of the party's case, after the Agency’s investigation has been completed.

                               

 

Article 13  When the accused is detained in accordance with subparagraph 6 of Paragraph 1, Article 64 of the Act, the accused shall be processed in accordance with the relevant regulations, after the Agency’s investigation has been completed.

                               

 

Article 14   Without the Agency's permission, associates of the detainees are not allowed to enter the service unit of temporary detention.

 

Article 15   The effective date of this regulation shall be decided and announced by the Ministry of the Interior.