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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 07:59
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Chapter Law Content

Title: The Commercial Port Law CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 7 Penalty
Article 61
Article 61 When the ship owner violates Article 37, Section 1 and excretes toxic liquids , toxic substances , or hazardous substances, a fine ranging from one million New Taiwan Dollars (NT$1,000,000) to five million New Taiwan Dollars(NT$5,000,000) can be issued by commercial port authorities. An order to make improvements within a limited of time may also be granted. If no improvements have been made by then, they will be fined per violation.
Article 62
When one of the following conditions is met, a fine ranging from six hundred thousand New Taiwan Dollars (NT$600,000) to three million New Taiwan Dollars(NT$3,000,000) can be issued to the master or ship owner by commercial port authorities or Designated Agency. Damage caused by these violations should also be fined:
1.Violation of Article 24
2.Violation of Article 25
If a vessel re-violates the same provisions provided in the previous paragraph within one year, the fine shall be doubled.
Article 63
When one of the following conditions is met, a fine ranging from three hundred thousand New Taiwan Dollars (NT$300,000) to one point five million New Taiwan Dollars(NT$1,500,000) can be issued to the master or ship owner by commercial port authorities or Designated Agency. An order to make improvements within a limited of time may also be granted. If no improvements have been made by then, they will be fined per violation. When the degree of violation is serious, a suspension shall be ordered:
1.Violation of Article 37, Paragraph 1, that regulates the excretion of slop or other pollutants; or violation of Section 2 of the same article.
2.Violation of Article 38
3.Violation of Article 39, Paragraph 1
Article 64
In violation of Article 37, Paragraph 4, a fine ranging from one hundred thousand New Taiwan Dollars (NT$100,000) to one million New Taiwan Dollars(NT$1,000,000) can be issued by commercial port authorities. An order to make improvements within a limited of time may also be granted. If no improvements have been made by then, they will be fined per violation.
Article 65
When one of the following conditions is met, a fine ranging from one hundred thousand New Taiwan Dollars (NT$100,000) to five hundred thousand New Taiwan Dollars(NT$500,000) can be issued by commercial port authorities. The degree of the violation might also result in issuance of suspension of business, forced disembarkation or departure. Repeated offenders may result in confiscation of salvage equipments, rigs, and related materials:
1.Violation of Article 13, Paragraph 1 or Article 54, Paragraph 1
2.Violation of Article 35
3.Violation of Article 36, Paragraph 1
4.Violation of Article 40
5.Violation of Article 45, Paragraph 2 or Article 46, Paragraph 2
6.Violation of Article 49
Article 65-1
If the owner or operator of the remote-controlled unmanned aerial vehicle falls under any of the following circumstances, the flight activities will be prohibited, and the Maritime and Port Bureau or the designated agencies will impose a fine of NT$300,000 to NT$1,500,000 if the circumstances are severe, the remote-controlled unmanned aerial vehicle may also be seized:
1. Violating the provisions of Article 36-1, Paragraph 1 by engaging in remote-controlled unmanned aerial vehicle flight activities within the specific scope of the commercial port area without permission.
2. Violating the regulations on the terms and conditions or management matters for engaging in remote-controlled unmanned aerial vehicle flight activities stipulated in the Article 36-1, Paragraph
Article 65-2
Anyone who jeopardizes the normal operation of commercial port facilities or equipment by theft, destruction or other illegal manners shall be sentenced to an imprisonment of one to seven years, and may also be fined an amount up to NT$10,000,000.
Anyone who commits the crime mentioned in the preceding Paragraph with the intention of jeopardizing national security or social stability shall be sentenced to an imprisonment of three to ten years, and may also be fined an amount up to NT$50,000,000.
If any or all of the situations mentioned in the above two paragraphs causes significant harm or disaster, the amount of the penalty shall be increased by 50%; anyone that causes death shall be sentenced to life imprisonment or an imprisonment of at least seven years, and may also be fined an amount up to NT$100,000,000; anyone that causes severe injuries shall be sentenced to an imprisonment from five to twelve years, and may also be fined an amount up to NT$80,000,000.
Those found guilty of attempting the offenses of Paragraphs 1 and 2 shall also be punished.
Article 65-3
Anyone who jeopardizes the normal operation of the core information and communication system of the commercial port facilities or equipment in any of the following manners shall be sentenced to an imprisonment from one to seven years, and may also be fined an amount up to NT$10,000,000:
1. Entering the account password without reason, cracking the computer system protection measures, or exploiting the loopholes of the computer system to access the computer or related equipment.
2. Interfering with the computer or related equipment with computer programs or other electromagnetic means without reason.
3. Obtaining, deleting or changing the electromagnetic records of the computer or related equipment without reason.
The same shall apply to those who make computer programs exclusively for committing the crimes of the preceding Paragraph by themselves or any others.
Those who commit crimes in the preceding two Paragraphs with the intention of jeopardizing national security or social stability shall be sentenced to an imprisonment of three to ten years, and may also be fined an amount of NT$50,000,000 utmost.
If any or all the situations mentioned in the above three Paragraphs cause any disasters, the amount of the penalty shall be increased by 50%; those that cause death shall be sentenced to life imprisonment or an imprisonment of at least seven years, and may also be fined an amount of NT$100,000,000 utmost; those that cause severe injuries shall be sentenced to the imprisonment from five to 12 years, and may also be fined an amount of NT$80,000,000 utmost.
Those with the attempted offenses of Paragraphs 1 to 3 shall also be punished.
Article 66
When one of the following conditions is met, a fine ranging from one hundred thousand New Taiwan Dollars (NT$100,000) to five hundred thousand New Taiwan Dollars(NT$500,000) can be issued by commercial port authorities:
1.Violation of Article 14
2.Violation of Article 15, Paragraph 3
3.Violation of relevant port management items in Article 44
4.Violation of cargo loading and unloading, moving, repair, or other operations that causes seawater contamination listed in Article 37, Paragraph 3.
Ships and rigs which have not been logged or registered constitute a violation of Section 2 in the preceding paragraph and thus may be confiscated.
Article 67
When one of the following conditions is met, a fine ranging from one hundred thousand New Taiwan Dollars (NT$100,000) to five hundred thousand New Taiwan Dollars(NT$500,000) can be issued by commercial port authorities:
1.Violation of Article 18
2.Violation of Article 19, Paragraph 1 or 2
3.Violation of Article 22
4.Violation of Article 23
5.Violation of Article 26, Paragraph 1
6.Violation of Article 27
7.Violation of Article 28
8.Violation of Article 29
9.Violation of Article 30
10.Violation of Article 31
11.Violation of Article 32
12.Violation of Article 33
13.Violation of Article 53, Paragraph 1
Article 68
If any public-owned business authority within the commercial port area avoid, hinder, or refuse the audit , inspection and testing listed in Article 43, Paragraph 1, a fine from thirty thousand New Taiwan Dollars (NT$30,000) to one hundred fifty thousand New Taiwan Dollars(NT$150,000)can be issued by commercial port authorities.
If any public-owned business authority within the commercial port area violates Article 43, Paragraph 1, but makes improvements within the limited time period, a fine ranging from twenty thousand New Taiwan Dollars (NT$20,000) to one hundred thousand New Taiwan Dollars(NT$100,000)can be issued by commercial port authorities.
Article 69
Violation of waste disposal in Article 37, Paragraph 3, a fine from six thousand New Taiwan Dollars (NT$6,000) to thirty thousand New Taiwan Dollars(NT$30,000)can be issued by commercial port authorities. They will also be asked to make improvements in a limited time period. If by then, no improvements have been made, they will be fined per violation.
Article 70
When forwarders of ship cargo handling and ship cargo management meet any one of the following conditions, they will be ordered by commercial port authorities, to make improvements in a limited time period. If by then, no improvements have been made, they will be subjected a fine from six thousand New Taiwan Dollars (NT$6,000) to thirty thousand New Taiwan Dollars(NT$30,000):
1.Violation of Article 48
2.Violation of Article 50
Article 71
Those fish outside the territory listed in Article 36, Paragraph 2, are subjected to a fine from six hundred New Taiwan Dollars (NT$600) to three thousand New Taiwan Dollars(NT$3,000), and their fishing equipment may also be confiscated.
Article 72
Those fail to pay port service charges or charges for the recovery of damages to the facilities in commercial port area within the limited time stipulated in Article 12, suspension of operations may be ordered or a prohibition on ship entrance and departure may be issued unless considerable guarantee has been provided.
The securing of tangible evidence of the damages to the facilities in commercial port area should be handled in accordance with relevant regulations of Transportation Occurrences Investigation Act.
Article 73
For port facilities of public-owned enterprise which has not completed port facilities safety evaluation and port safety plans in accordance with Article 42, Paragraph 2, and has been notified by commercial port authorities to make improvements in a limited time period, a suspension of operation may be granted if such enterprise fail to fulfill the standards within the said time frame.
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