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英譯法規內容

法規名稱(Title) National Security Act Ch
公發布日(Date) 1987.07.01
法規沿革(Legislative) 1. Enacted and Promulgated by President Order Hua-Tsung (1)-Yi-Tzu No.2360 on July 1, 1987
2. Amended and promulgated by President Order Hua-Tsung (1)-Yi-Tzu No.3667 on July .29, 1992.
3. Amended and promulgated by President Order Hua-Tsung (1)-Yi-Tzu No.8500027120 on Feb .5, 1996.
4. Amended and promulgated by President Order Hua-Tsung (1)-Yi-Tzu No.10000259741 on Nov .23, 2011.
5. Amended and promulgated by President Order Hua-Tsung (1)-Yi-Tzu No.10200156111 on Aug .21, 2013.
法規內文(Content) Article 1  This Act is enacted to ensure the national security and maintain the stability of society.
Unless otherwise provided herein, the provisions of other relevant laws shall apply.
Article 2  (Deleted).
Article 2-1  People are prohibited from carrying on detection, collection, consignation or delivery of any confidential documents, pictures, information or articles or developing an organization for official use of a foreign country or Mainland China, for its militaries, party duties, or other official organizations, or the institutions established and specified by the foresaid organizations, or the civil groups entrusted by the foresaid organizations.
Article 3  (Deleted).
Article 4  The police or the Coast Guard authority shall be entitled to fulfill inspections of the following people, items, and means of transportation when necessary:
1.The entry and exit of passengers and the items carried by them.
2.The entry and exit of vessels, aircrafts, and other means of transportation.
3.The vessels, rafts, aircrafts, and goods voyaging within the territory of the Republic of China.
4.The seafarers, crew members, fishermen or other employees in the preceding subparagraph 1, 2 and the items carried by them.
The executive agency shall report to the Executive Yuan to designate the Ministry of National Defense to direct affiliated units for the fulfilment of the inspection stated in the preceding subparagraph when necessary.
Article 5  In order to ensure the safety of maritime defenses and military facilities and to maintain the law and order in mountainous areas, the Ministry of National Defense together with the Ministry of Interior shall designate that the coasts, mountainous areas, or important military installation areas may be as classified and announced as control zones.
People who enter and exit the control zones stated in preceding paragraph shall apply to the competent authority for permission.
The control zones stated in preceding paragraph which are necessary for military may carry on the construction prohibition and restrictions; the extent of such construction prohibition, restriction shall be decided by the Ministry of National Defense together with the Ministry of Interior and the relevant authorities.
The taxes on such lands with construction prohibition or restriction stated in preceding paragraph shall be reduced and exempted.
Article 5-1  Any person who intends to endanger national security or social stability and commits an offense specified in Article 2-1 shall be sentenced to imprisonment for a term of not more than five years or short-term imprisonment; in addition thereto, a fine of not more than NTD 1,000,000 may be imposed.
An attempt to commit an offense specified in the preceding paragraph is punishable.
If there are provisions set forth in other laws which provide more severe punishment for the offense sanctioned in the preceding two paragraphs such provisions shall apply.
Any person committing an offense specified in paragraph 1, 2 of this Article and voluntarily turning himself in for trial shall have his punishment remitted; if such a person confesses during investigation or trial, his/her punishment may be reduced.
Article 6  Any person, without justifiable reasons, who refuses or avoids the implementation of the inspection under the Article 4 shall be sentenced to imprisonment for not more than six months or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of not more than NTD 15,000 may be imposed.
Article 7  Any person, without reasons, that has not applied for or obtained the permit and entered and exited the control zones in violation of the Paragraph 2 of Article 5 but fail to comply after being informed, shall be sentenced to imprisonment for not more than six months or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of not more than NTD 15,000 may be imposed.
Any person who violates the provision of the construction prohibition, restriction under the Paragraph 3 of Article 5 but fail to comply after being stopped shall be sentenced to imprisonment for not more than six months or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of not more than NTD 15,000 may be imposed.
Article 8  Non-military personnel shall not be trialed by military court.
Article 9  After martial law was lifted, the non-active military personnel trialed by the military judicial authorities during the period of martial law and within the region  of martial law shall be processed by the following :
1.Pending cases of military justice shall be transferred to civilian prosecutors concerned for investigation or to civilian courts concerned for trail.
2.Decided criminal cases shall not be subject to appeal or resistant announcement, while the case with legitimate grounds to retrial or extraordinary appeal shall be subject to retrial and extraordinary appeal according to the applicable laws.
3.Cases under or pending execution shall be transferred to civilian prosecutors concerned.
Article 10  The enforcement rules and date of this Act shall be prescribed by the Executive Yuan.