Chapter 10 Interview and Investigation
Article 63
For the purposes of implementing inspections of entry and exit, investigating cases of applications, illegal entry and exit overstaying a visit, overstaying the period of residence, engagement in unpermitted activities , or deportation, the staff of the National Immigration Agency shall carry out the functions pursuant to this chapter.
The staff shall perform the functions mentioned in the preceding Paragraph on people of the Mainland Area, residents of Hong Kong or Macau.
Article 64
When the staff of the National Immigration Agency inspects entry and exit and there are sufficient facts for the staff to believe that the person being inspected meets one of the following circumstances, the staff shall detain him/her in the service unit temporarily and conduct an investigation:
1. The passport, other entry documents or exit documents held by the person are obviously invalid, illegally acquired, counterfeited, or tampered, or that belong to another person or are applied for by using a false identity.
2. The person refuses to receive an inspection or severely obstruct the inspection procedure.
3. The person is believed to conduct an act set forth in Articles 73 or 74.
4. The person meets one of the circumstances on the prohibition of entry or exit pursant to this Act.
5. The person is detained temporarily upon the notification from a judicial authority or a military authority due to his/her involvement in a case.
6. Other circumstances which temporary detention is deemed necessary pursuant to laws.
With respect to the temporary detention imposed on the person pursuant to the provisions of the preceding Paragraph, the staff shall cease the detention immediately when the purposes of imposing such detention have been reached or are no longer required. For nationals of the State, the duration of temporary detention shall not exceed two (2) hours; as for aliens, people of the Mainland Area, residents of Hong Kong or Macau, the duration shall not exceed six (6) hours.
The competent authority shall enact regulations that govern the enforcement procedure on temporary detention provided under Paragraph 1, and other matters that must be complied with.
Article 65
When the National Immigration Agency receives cases concerning the applications as follows, it shall interview applicants at the time of receiving their applications or on a chosen dayt. The Agency shall commission related authorities (institutions) to implement interviews if necessary.
1. Aliens apply for visits, residence or permanent residence in the Taiwan Area.
2. Nationals without household registration in the Taiwan Area, people of the Mainland Area, residents of Hong Kong or Macau apply for visits, residence or permanent residence in the Taiwan Area.
Where the applicant who accepts the interview mentioned in the preceding Paragraph are under the age of fourteen (14), his/her legal representative shall be interviewed together with the applicant.
Where the interview provided under Paragraph 1 is proceeded after an applicant is inspected and permitted to enter the State, the applicant may engage attorneys to attend on site. At its discretion, the National Immigration Agency may, however, made restricions or prohibitions when there is reason to believe that such attending may damage national security or if their conduct is inappropriate and sufficient to disrupt the on-site order or the proceedings.
The competent authority shall enact regulations that govern the means of carrying out the interview provided under Paragraph 1 and the preceding Paragraph, procedures, required documents , on-site permission for the attorneys, the restrictions or prohibitions thereof and other matters which must be complied with.
Article 66
For the purpose of investigating the facts and evidence about a person’s violation of laws, the National Immigration Agency shall notify in writing related people to attend an inquiry at the designated place.
The notification shall record the purposes of conducting an inquiry, the time and place of the inquiry, the name of the officer in charge of the inquiry, and the legal effects of commissioning others to appear at the inquiry and theresult of absence.
A person who is notified pursuant to the preceding Paragraph shall not refuse to appear at the inquiry without justifiable reasons.
The provisions of the regulations stipulated pursuant to Paragraph 3 of the preceding Article shall apply mutatis mutandis to the inquiry provided under Paragraph 1.
Article 67
When the staff of the National Immigration Agency carry out investigations, they may enter related business places, transportation vehicles or public places, and inspect and prove the identities of persons listed in each subparagraph as follows:
1. There are sufficient facts for the staff to believe that a person overstays a visit, the period of residence or shall be deported from the State.
2. There are considerable and sufficient reasons for the staff to believe that a person have conducted an act or is likely to conduct an act provided under Articles 73 or 74.
3. There are sufficient facts for the staff to believe that a person has been involved in unpermitted activities.
4. There are considerable and sufficient reasons for the staff to believe that a person has entered the State or exited the state illegally.
5. There are considerable and sufficient reasons for the staff to believe that a person makes other people to enter the State or exit the state illegally.
The staff who are authorized to enter the business places to investigate and seek evidence pursuant to the preceding Paragraph can only enter the places during the business hours.
The person in charge or the administrant of the business place mentioned in Paragraph 1 shall not avoid, obstruct or refuse the inspection conducted pursuant to Paragraph 1 without justifiable reasons.
The competent authority shall enact regulations that govern the scope of business places provided under Paragraph 1 and publishes it in the Government Gazette.
Article 68
The staff of the National Immigration Agency shall adopt the following mandatory measures to check the identity of a person:
1. Stop people, cars, boats or other transportation vehicles.
2. Enquire about a person’s name, date of birth, nationality, information on entry and exit, domicile, period of a visit or residence in the Taiwan Area, and related identification numbers.
3. Produce identification documents.
4. Use electronic equipment to recognize individual biometric characteristics data.
5. There are sufficient facts for the staff to believe that a person who is checked by the staff carries with him/her things that are sufficient to endanger the life and injure the body of the staff or of the person under the check and the staff shall check the person’s body and the things carried by the person. The staff shall seize such things if necessary.
Article 69
The check conducted by the staff of the National Immigration Agency pursuant to Article 67 shall be proceeded on-site. Upon the consent of the person under the check or if one of the following circumstances occurs on-site, the staff shall take the person to the service place:
1. There is no way to ascertain the identity of the person,
2. Proceeding the check will cause disadvantageous effects on the person under the check.
3. Transpiration is obstructed or peace is disturbed.
4. The passport, other entry or exit documents held by the person under check are obviously invalid, counterfeited or tampered.
5. The person refuses to undergo a check.
6. The person has conducted an act provided under Articles 73 or 74.
7. A situation which falls in the circumstances provided under this Act.
8. Upon the notification from a judicial authority or a military authority, the person is to be detained due to his/her involvement in a case.
When the staff takes the person under the check to the service place pursuant to the preceding Paragraph, he/she shall not use force against the person who does not resist against the check. In addition, the duration of the check shall not exceed three (3) hours, starting from the time of stopping the person for the check. The staff shall immediately notify a family member, relative, friend or attorney designated by the person.
Article 70
Where the National Immigration Agency receives cases on applications for visits, residence, permanent residence or registered permanent residence in the Taiwan Area from applicants, may send its staff to investigate the domicile (place of residence) of the applicant in the Taiwan area if deemed necessary.
The person under an investigation shall be notified of the investigation provided under the preceding Paragraph before the investigation is carried out.
The investigation provided under the preceding Paragraph shall not be carried out in the evening. This provision shall not apply if one of the following circumstances occurs:
1. The person under the investigation, residents of the domicile or people who can be representatives of the foresaid people agree to the execution of the investigation in the evening.
2. The investigation starts during the day; after the consent of the person under the investigation, the investigation can be continued to the evening.
Article 71
The National Immigration Agency shall proceed investigations and the registration of nationals without household registration in the Taiwan Area, aliens, people of the Mainland Area, residents of Hong Kong, and resident of Macau, who have stayed in the State for more than three (3) months, resided or permanently resided.
Nationals without household registration in the Taiwan Area, aliens, people of the Mainland Area, residents of Hong Kong, and resident of Macau shall not avoid, obstruct or refuse the investigations and theinspection provided under the preceding Paragraph.
The competent authority shall enact regulations that govern the procedure for proceeding an investigation pursuant to Paragraph 1 and Paragraph 1 of the preceding Article, items for inspection, means of implementing or other matters that must be complied with.
Article 72
The staff of the National Immigration Agency who investigate cases on overstayed visits, overstayed period of residence, illegal entry, illegal exit, detention or deportation shall carry precautionary appliances or weapons with them.
The staff mentioned in the preceding Paragraph shall use precautionary appliances if any of the following circumstances occurs:
1. A person shows an act of resistance,
2. A person attacks the staff or other people, damages articles of the staff or other people, or is believed to attack or damage.
3. A person escapes or is believed to escape.
4. A person commits suicide or injures himself or herself, or is believed to commit suicide or injure himself or herself.
The staff mentioned in Paragraph 1 shall use weapons if any of the following circumstances occurs:
1. The staff’s lives, bodies, freedom or equipment is endangered or threatened, or there are sufficient facts to believe that the foresaid parts are endangered.
2. People’s lives, bodies, freedom or property are endangered or threatened, or there are sufficient facts to believe that the foresaid parts are endangered.
3. Lands, architecture, work pieces, cars and boats which are guarded are endangered.
4. A person possesses with lethal weapons and is believed to causethreat. After he/she is warned to throw the weapons away, he/she still does notsurrender.
5. Search, seize or arrest persons who overstay visits, or the period of residence, enter or exit the State illegally, or violate other laws; or search or seize the transportation vehicles of the foresaid persons, but these people resist and do not conform to the foresaid orders executed by the staff of the National Immigration Agency, or they escape. A person who assists another person in committing the foresaid offenses shall be subject to the same treatment.
6. The staff must use weapons to force or stop the occurrence of circumstances set forth in Subparagraphs 1 to 3 of the preceding Paragraph.
Where the staff mentioned in Paragraph 1 use precautionary appliances or weapons and result in injuries, the death or loss in property, the National Immigration Agency shall provide compensation and indemnification and Article 11 of the Police Weapon Use Statute shall apply mutatis mutandis. Where the injuries, the death or loss of property has resulted from an intentional act of the Agency’sstaff, the staff shall compensate the Agency.
The competent authority shall enact regulations pursuant to Paragraph 1 that govern types and specifications of precautionary appliances, types and specifications of weapons, attentions and other matters that must be complied with.
Precautionary appliances and weapons provided under Paragraph 1 shall not be manufactured, sold or possessed without the permission of police authorities. Article 14 of the Police Weapon Use Statute shall apply mutatis mutandis to people who infringe this provision.