September 2018

Amendments to the Regulations Governing the Trial Operation of Transportation Links Between Kinmen/Matsu/Penghu and the Mainland China Area (Taiwan)

2018.7.17
Jenny Chen

On July 17, 2018, the Executive Yuan released the amendments to Articles 4, 6, 10-12 and 17 of the Regulations Governing the Trial Operation of Transportation Links Between Kinmen/Matsu/Penghu and the Mainland China Area (hereinafter, the "Regulations") and deleted Article 18 of the Regulations, which went into effect on August 15, 2018.  Relevant amendments are highlighted below:

First, to maintain the normal operation of the "Mini Three Links" and provide basic maritime passenger transport services needed by passengers, Article 4 of the Regulations as amended specifically provides that in case no operator applies to operate fixed transport routes for the "Mini Three Links" after a public announcement period expires, if the competent authority deems it necessary to maintain the operation of the transport routes, domestic shipping carriers may be solicited to operate the routes with discretionary subsidies for their operating losses.

Second, in view of the needs of fishing boats in Kinmen and Matsu to travel to mainland China for repair and to hire fishermen from mainland China and of the fact that the Kinmen and Matsu county governments have controlled the aggregate number of registered fishing boats, Article 6 of the Regulations as amended eases relevant restrictions and allows fishing boats registered in Kinmen or Matsu by January 18, 2018 to go to mainland China if permission is granted.

Third, Article 12 of the Regulations as amended eases the restriction on the minimum number of people for "Mini Three Links" group tours from the current five people to three people to promote and facilitate "Mini Three Links" family tours for people from Xiamen and Fuzhou of Fujian in mainland China.

Fourth, relevant provisions of Article 17 of the Regulations which deny, revoke or cancel permission to Mainland China citizens applying to enter Kinmen, Matsu and Penghu are amended.  Meanwhile, the provisions of Article 18 of the Regulations concerning compulsory exit of Mainland China citizens who have entered Kinmen, Matsu or Penghu are deleted accordingly, and Article 18 and Article 18-1 of the Statute for the Relationship Between the Citizens of the Taiwan Area and Mainland China Area apply again, instead.

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