大陸地區人民及香港澳門居民強制出境處理辦法

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.)

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.

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.

1The 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.

2The 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.

3The 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.

4When 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.

1When 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:

2The 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.

3In 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.

4In 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.

5The 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.

1The 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:

2Having entered the State without permission;

3Having no fixed domicile or residence in the Taiwan Area;

4Having facts justifying the concerns that they may run away or will be unwilling to leave the State voluntarily;

5Having been involved in crime or having a habit in committing crime.

6Having the potential of threatening national interests, public safety and public order or engaging in terrorist activity.

7The 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.

1The 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:

2The name, gender, birth date, ID number and domicile or residence in the Taiwan Area of the person subject to the measure of forcible deportation;

3Facts;

4The basis and grounds of the forcible deportation;

5The remedy, duration and receiving agency of objection to the measure.

6The 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.

1The 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.

2Having been pregnant for over five months or having given birth or having a miscarriage within the past two months;

3Having suffered from a disease which might be life-threatening if forcibly deported;

4Having suffered from a statutory contagious disease which has not been healed and might be transmitted to others if forcibly deported;

5Being 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;

6Having been notified of restricted exit by the judicial or other departments;

7Having other facts deemed necessary to postpone forcible deportation.

8The 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 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.

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.

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.

1The 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.

2This 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.

1Executing 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:

2The 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.

3To 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.

4Force may be applied and weapons and guard instruments may, in accordance with regulations, be used if there is resistance or concern of escape.

1The 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:

2Paying regular visits to the NIA designated specialized operation brigade to report daily activity.

3Having never left the restricted domicile or residence without permission for over 24 hours.

4Being regularly visited by the NIA officers at the designated place.

5Having never failed to respond to contact made by the NIA officers for three times in a row within twenty four hours.

6Having violated the provisions set forth in the preceding four subparagraphs with reasons considered to be justifiable by the NIA.

7The 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.

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.

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.

This Regulations shall go into effect on the date of promulgation.