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The Commercial Port Law CH

Announced Date: 2023-06-28
Content:
11. Addition of Article 36-1 and 65-1 to 65-3 and promulgated on June 28, 2023; The effective date shall be determined by the Executive Yuan.
Article 36-1
Within the specified scope of the commercial port area it is prohibited to engage in remote-controlled unmanned aerial vehicle flight activities without application for permission; regarding prevention and violations, the Commercial Port Administrative Authority, Maritime and Port Bureau or the designated agencies may take appropriate measures as need.
The specified scope of the commercial port area referred to in the preceding Paragraph shall be announced by the Maritime and Port Bureau or the designated agencies.
The regulations governing the review procedures, required documents, terms and conditions, management, revocation of permission and other matters to be complied with in the application for permission referred to in Paragraph 1 shall be prescribed by the MOTC.

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.
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