Laws Information

法規資訊
Title: Assembly and Parade Act
Am Date: 2002-06-26
Legislative History: Amended by Presidential Order of Hua Zong 1 Yi Zi No. 09900352551 on June 26, 2002

Transaction

Amended

Article 6
Unless approved by the competent authority, any assembly or parade shall not be held in the following areas or their surroundings:
1. Presidential Office, Executive Yuan, Judicial Yuan, Examination Yuan, courts at all levels, as well as the official residences of the President and Vice President.
2. International airports and seaports.
3. Important military facilities areas.
4. Foreign embassies, consulates, representative agencies, international organizations and the official residences of their chief directors in the Republic of China (Taiwan).
The peripheral ranges of the areas prescribed in subparagraph 1 and 2 of the preceding paragraph shall be allocated and announced by the Ministry of the Interior, and the peripheral ranges of the areas prescribed in subparagraph 3 of the preceding paragraph shall be allocated and announced by the Ministry of National Defense, and all of them may not exceed 300 meters. The peripheral ranges of the areas prescribed in subparagraph 4 of the preceding paragraph shall be allocated and announced by the Ministry of Foreign Affairs, and may not exceed 50 meters.

Article 9
The responsible person shall complete the application form that specifies the following information and submit it to the competent authority 6 days before an outdoor assembly or a parade takes place. Due to unexpected major emergency, the assemblies or parades must be held immediately to reach the desired purpose , however, the restriction on 6-day application prior to assembly does not apply.
1. The name, gender, occupation, date of birth, national ID number, residence, and phone number of the responsible person or his or her proxy or the picket staff.
2. The purpose, procedure, and the starting and ending time of the assembly or parade.
3. The venue of the assembly and the route and the venue for gathering and dismissal sites of the parade.
4. Expected number of participants.
5. Names and numbers of vehicles and supplies.
The proxy prescribed in subparagraph 1 of the preceding paragraph shall present the Letter of Authorization; the venue of assembly prescribed in subparagraph 3, consent documents from the owner or manager of the site shall be enclosed; a parade, the detailed procession route shall be enclosed.

Article 11
Applications for outdoor assemblies or parades shall be approved except for one of the following conditions:
1. Violating the provision of Article 6 or Article 10.
2. Sufficiently obvious evidence suggesting that it is likely to endanger the national security, social order or public interests.
3. Sufficiently obvious evidence suggesting that it is likely to be harmful to the people’s lives, bodies, freedom or cause major damages to people’s properties.
4. Another application having been approved for the same time, venue and route.
5. Application is submitted in name of an organization which is illegally established, or has been cancelled, abolished, or ordered to be dismissed.
6. Application not in compliance with the provisions provided in Article 9.

Article 15
In case of natural disasters or serious accidents after an outdoor assembly or a parade is approved; the competent authority shall revoke the permit or change the originally approved time, place, route, or restrictions for the urgent necessity to maintain social order and public interests. In any of conditions as prescribed in subparagraphs 1 to 6 of Article 11, the permit shall be revoked or canceled.
The revocation, cancelation, or change prescribed in the preceding paragraph, reasons shall be specified in writing and notified to the responsible person prior to the assembly or parade being held. The same shall apply if an assembly or parade is in progress.

Article 16
When the responsible person of an outdoor assembly or a parade does not agree on the disapproval, restrictions for the approval, revocation and abolishment of a permit, or change of approved items notified by the competent authority, he or she may, within 2 days of receipt of the Notification Letter, file an appeal with the reasons in writing to the original competent authority for request for an review by the upper-level police department. However, on the conditions prescribed in paragraph 2 of Article 12, the appeal shall be filed within 24 hours upon receipt of the Notification Letter.
When the appeal is believed to have merit, the original competent authority shall revoke or change the original notification. When the appeal is believed to lack merit, the original competent authority shall submit the Appeal Letter along with files and evidence within 2 days to its higher- level police department. For conditions in Article 12, Paragraph 2, however, the submission shall be completed within 12 hours upon receipt of the Appeal Letter.
The higher-level police department shall make a decision within 2 days upon receipt of the files and evidence and notify the responsible person in writing. However, on the conditions prescribed in paragraph 2 of Article 12, the decision shall be made within 12 hours upon receipt of files and evidence by which the responsible person shall be notified.

Article 25
The competent authority may warn, stop, or order to dismiss under one of the following circumstances:
1. The assembly or parade that requires approval is held without permit, or its permit has been revoked or canceled but the assembly or parade is still held.
2. The assembly or parade has been approved but found violations against the approval or restrictions for the approval.
3. Any behavior exhibiting in the course of the assebmly or parade under one of the subparagraph of paragraph 1 Article 8 turned out to be against the laws.
4. Other illegal behaviors have exhibited.
The stoppage and order to dismiss prescribed in the preceding paragraph shall be mandatorily enforced by the competent authority.