Annotated Republic of China Laws/Immigration Act/Article 38-3

Immigration Act Republic of China (Taiwan) Law Article 38-3 ../Article 38-2/ ../Article 38-4/ Promulgated addition on 2015-02-04, effective 2015-02-05 zh:入出國及移民法 (民國104年)#第六章 驅逐出國及收容 Article 38-3http://www.immigration.gov.tw/ct.asp?xItem=1096847&ctNode=30026&mp=2 Immigration Act 2015-04-30 Immigration Office (Taiwan) 2017-01-08 The time spent on one of the following circumstances shall not be included in the twenty-four hour restriction indicated in Paragraph 2 of the preceding Article, unless there is no unnecessary delay: The time spent on an unavoidable delay caused by traffic obstruction or force majeure; The time spent during the transfer of an arrestee; The interview cannot be conducted due to a detainee’s health emergency; The person filing the objection according to Paragraph 1 of the preceding Article opposes the preparation of records at night; The records can’t be prepared without the presence of a defense attorney to represent the detainee. The time spent on waiting for an attorney should not exceed four hours. The same rule applies to waiting for persons named in Paragraph 1 of the preceding Article in case a detainee of unsound mind fails to provide a clear and complete statement; The records cannot be prepared without the presence of an interpreter that the detainee may require. The waiting time for an interpreter should not exceed six hours; The time spent while judicial authorities review a criminal case; Based on the proceeding paragraphs, the National Immigration Agency should specify the reason in the written report handed to the court. Should the National Immigration Agency fail to bring a detainee to court within twenty-four hours, the detention order shall be revoked and the detainee be released. Annotated by Wikibooks