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Chapter Law Content

Title: Meteorological Act CH
Category: Ministry of Transportation and Communications(交通部)
CHAPTER V AWARDS AND PENALTIES
Article 21
The CWA may suggest the MOTC to grant an award and/or commendation to a government agency, institution, organization, or individual for its outstanding performance in meteorological services.
The regulations governing the application procedures, criteria, categories, awarding types, and assessment in accordance with the preceding paragraph shall be enacted by the MOTC.
Article 21-1
Anyone using such means as theft, vandalism, or other unlawful means to jeopardize the normal functions of meteorological facility or device shall be sentenced to imprisonment of not less than one year but not more than seven years, and may be fined up to NT$10 million.
Where the crime under the preceding paragraph is committed with intention to jeopardize national security or social stability, the offender shall be sentenced to imprisonment of not less than three years but not more than ten years, and may be fined up to NT$50 million.
Where the act under the two preceding paragraphs results in damage or disaster, the punishment shall be increased by one half; where the act results in death of other(s), the offender shall be sentenced to life imprisonment or imprisonment of more than seven years, and may be fined up to NT$100 million; where the act results in serious injury of other(s), the offender shall be sentenced to imprisonment of not less than five years but not more than twelve years, and may be fined up to NT$80 million.
Attempt to commit the act under the first two paragraphs shall be punished.
Article 21-2
Anyone jeopardizing the normal functions of the core information communications system of meteorological facility or device by any of following means shall be sentenced to imprisonment of not less than one year but not more than seven years, and may be fined up to NT$10 million:
1. Unwarranted invasion of the computer with core information communications system or related device by inputting account password, hacking the computer’s protection measures, or exploiting loophole in the computer system.
2. Unwarranted disruption of the computer with core information communications system or related device by using computer program or other electromagnetic means.
3. Unwarranted act of accessing, deleting, or changing the electromagnetic record of such computer or related device.
Anyone producing computer program for use by self or other(s) with the sole purpose of committing the crime under the preceding paragraph shall be subject to the same punishment.
Where the crime under the two preceding paragraphs is committed with intention to jeopardize national security or social stability, the offender shall be sentenced to imprisonment of not less than three years but not more than ten years, and may be fined up to NT$50 million.
Where the act under the three preceding paragraphs results in damage or disaster, the punishment shall be increased by one half; where the act results in death of other(s), the offender shall be sentenced to life imprisonment or imprisonment of more than seven years, and may be fined up to NT$100 million; where the act results in serious injury of other(s), the offender shall be sentenced to imprisonment of not less than five years but not more than twelve years, and may be fined up to NT$80 million.
Attempt to commit the act under the first three paragraphs shall be punished.
Article 21-3
Anyone intentionally moving meteorological facility or device or disrupting the functions thereof by other means shall be fined not less than NT$5 thousand but not more than NT$1.5 million.
Article 22
Should a government agency, institution, organization, or individual violate the terms of Paragraph 1 of Article 6 as conducting a weather modification program without getting permission, the MOTC shall order the violator to terminate the modification program immediately or to take necessary corrective actions within a specified time frame.  A fine from NT$100,000 to NT$500,000 shall be levied for not complying with the order.  The penalties may be repeated.
Article 23
For violating Paragraph 1 of Article 14, e.g., refusal, avoidance or interference of the entry of an observer to privately or officially owned land, water, or buildings, a fine from NT$ 20,000 to NT$100,000 shall be imposed.  The penalties may be repeated.
Article 24
Should a government agency, institution, organization, or individual take one of the following action, the CWA shall order the violator to terminate the actions and to take the necessary remedies within a specified time frame. Non-compliance with the order shall result in a fine of no less than NT$100,000 to no more than NT$500,000. Such penalty may be imposed with each occurrence of violation. Severe violation may result in the revocation of the permit:
1. Issuing a weather or marine weather forecast(s) without obtaining permission or beyond the scope of authorization in violation of the terms of Paragraph 1, Article 18.
2. Issuing a weather or marine weather forecast(s) that does not comply with the terms of Paragraph 2, Article 18.
Should a government agency, institution, organization, or individual violate the terms of Paragraph 1, Article 18 and issue an earthquake forecast(s) or a warning(s) of meteorological, seismological, or marine meteorological phenomena, the CWA shall order the violator to terminate the action and to take the necessary remedies within a specified time frame. Non-compliance with the order shall result in a fine of no less than NT$200,000 to no more than NT$1,000,000. Such penalty may be imposed with each occurrence of violation. Severe violation may result in the revocation of the permit.
Violation of Article 19, erroneously reporting a warning(s) or an earthquake, weather or marine weather forecast(s), or reporting the aforementioned warning(s) and forecast(s) without complying with the terms of Paragraph 2, Article 19 and failing to make immediate correction after receiving a notice from the CWA, shall result in a fine of no less than NT$100,000 to no more than NT$500,000. Such penalty may be imposed with each occurrence of violation.
Article 25
The actor of the government agency, institution, or organization in violation of Article 22 and the preceding article shall be additionally fined in accordance with the corresponding article.
Article 26
The CWA shall be the agency to levy the fines of violating this Act except for the violation of Article 22.
All fines shall be paid within the specified time frame.  Any deferred fine payment shall be transferred for compulsory enforcement in accordance with the related law.
Article 27
Any unauthorized act of occupying, breaking or moving land or facility for weather observations or hindering the functions thereof shall be liable for prosecution in case of criminal violation, and the offender or their employer shall be notified and bear the responsibility for restoring said land or facility to original condition, or repaying repair costs, or paying damages.