| 英文摘要 |
The Act Governing Relations between the People of the Taiwan Area and theMainland Area was established on July 31, 1992 and enforced on September 18thof the same year with 16 amendments. Recently Taiwan’s financial market was inchaos due to unauthorized investments from China. To prevent such unlawful investmentsand transactions, this amendment will raise and maximize the fine forunauthorized investments from China, as well as set up an executive departmentresponsible for putting the unlawful investors from China under investigation andmaking them liable. Considering the many actual cases involving illegal investmentsin small monetary value, it is most appropriate for the authority to determinethe punishment based on the illegal action’s level of significance.This amendment of Article 93-1 shall change the scale of fines for unauthorizedinvestments from China from the initial range of NT$ 120,000 to NT$ 600,000 to become NT$ 120,000 to NT$ 25,000,000. The authorities who arefound to be linked to said illegal investments will also be punished according to thedegree of severity and proportion of the violations with a fine. In addition, based onArticle 18 of the Administrative Penalty Law, whereas the benefits of the unlawfulinvestment in Taiwan exceed the maximum legal penalty of NT$ 25 million, therelevant organizations may impose additional punishments that are not limited bythe stated maximum value of penalty. Moreover, the amendment also adds a timelimit restriction for correction and if not satisfied, the investor will be demanded towithdraw their shares and be punished continuously until corrective action is done.This is believed to be appropriate for most cases. The article will be furtheramended in the future upon the occurrence of special cases. |
