The Legislative Yuan yesterday passed amendments to legislation governing ships, ports, meteorological facilities and telecommunications following the Executive Yuan’s push to update the nation’s undersea-cable laws.
The changes to the Shipping Act (船舶法), Meteorological Act (氣象法), Telecommunications Management Act (電信管理法) and Commercial Port Act (商港法) are aimed at strengthening protections for submarine cables, which the government said could pose a threat to national security if cut or otherwise damaged.
The amendments to the Shipping Act require Taiwanese vessels and certain foreign vessels operating within the nation’s territorial waters and designated prohibited waters to keep their automatic identification system (AIS) functioning normally and transmit accurate vessel identification information.
Photo: CNA
Taiwanese vessels required to install AIS must correctly transmit their names, International Maritime Organization (IMO) ship identification numbers, Maritime Mobile Service Identity (MMSI) codes and vessel call signs while at sea or anchored, the updated law stipulates.
Non-Taiwanese vessels operating in Taiwanese waters and designated prohibited waters are also required to display correct vessel names and IMO ship identification numbers on their hulls, and those markings may not be damaged, altered or concealed, it says.
In addition, non-Taiwanese vessels of 150 gross tonnage or more must maintain logbooks that accurately record navigation activities and any accidents, it says.
Contraventions of the Shipping Act provisions may result in fines of NT$30,000 to NT$10 million (US$953 to US$317,713) imposed on the vessel owner or captain.
The changes to the Meteorological Act introduce penalties for negligently damaging or illegally endangering the normal functioning of meteorological facilities and equipment.
Such offenses are punishable by up to six months in prison or a fine of up to NT$2 million under the updated act.
The amendments further allow for confiscation of tools, vessels or other machinery involved in such crimes, regardless of ownership.
The amendments to the Telecommunications Management Act authorize confiscation of tools, vessels and machinery used to steal, damage or otherwise illegally endanger equipment relating to undersea cables, including undersea cable landing points and satellite communication centers.
Under the revised Commercial Port Act, vessels moored in a commercial port area that obstruct berth allocation or port area safety may be ordered to leave the port within three months.
If a vessel fails to comply with relocation or departure orders without legitimate reason, authorities may confiscate the vessel.
Furthermore, foreign merchant vessels detained for serious violations may be confiscated if discrepancies in vessel registration, vessel certificates or other identification information are not corrected within three months, it says.
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