Regulations Governing the implementation of Safety Restrictions of Military Installations
2025-07-30
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Article 1
These regulations are formulated in accordance with Paragraph 5, Article 8 of the Military Installation Safety Protection Act (hereinafter referred to as “the Act”).
Article 2
Where any of the circumstances specified in Paragraph 1, Article 8 of the Act occur within a military installation, military personnel of the relevant agency may, in order to prevent illegal acts, avoid imminent danger, or prevent harm from escalating, impose military installation safety restrictions (hereinafter referred to as “restrictions”).
Article 3
The restrictions referred to in the preceding article refer to measures whereby personnel of a military authority restrain an individual’s physical freedom by force and temporarily place or isolate them in an appropriate location.
When implementing such measures, the personnel shall respect the physical integrity and reputation ofthe restrained individual. If force is used, it shall not exceed the extent necessary.
When implementing such measures, the personnel shall respect the physical integrity and reputation ofthe restrained individual. If force is used, it shall not exceed the extent necessary.
Article 4
When implementing restrictions, the personnel may search the body and belongings of the restrained person. Moreover, the personnel shall report to the Commander of the military installation. If the restrained individuals are females, it should be the female personnel to do the action, especially the physical check.
Article 5
When personnel, in accordance with the preceding article, discover items subject to confiscation, forfeiture, or detention under the law, the military authority shall either handle them directly or notify the relevant authorities to do so in accordance with the Act or other applicable laws and regulations.
Article 6
When implementing the restrictions, the personnel shall inform the restrained person of the reasons therefor and that the person may petition for habeas corpus in accordance with law, and shall immediately, by appropriate means, notify the person’s spouse, relatives within the second degree, or a person designated by the restrained person, or entrust the person to the protection of an appropriate agency or personnel.
Article 7
When implementing the restrictions, the restrained person shall be placed or isolated in quarters, an infirmary, or another appropriate location, and the restriction shall be terminated when the danger or harm ceases; the duration shall not exceed 24 hours. However, aboard military vessels underway, after the commander has afforded the restrained person an opportunity to make a statement, this time limit does not apply.
If the restrained person suffers from illness or physical injury and requires medical treatment, the restriction shall be terminated and the person shall be sent to a hospital for treatment.
If the restrained person suffers from illness or physical injury and requires medical treatment, the restriction shall be terminated and the person shall be sent to a hospital for treatment.
Article 8
The military authority shall keep an implementation record book at the location where the restrictions are implemented. The following items shall be recorded in the book and signed by the restrained person:
1. The name and personal data of the restrained person; if such information cannot be ascertained, it may be omitted.
2. The grounds for the restraint and the measures taken.
3. The start and end time and the location of the restriction.
4. The right to petition for habeas corpus in accordance with law.
5. The persons to be notified pursuant to Article
6. The name, quantity, period of custody (custodian), and record of return of any confiscated, forfeited or detained items.
7. The names of the personnel implementing the restriction and of the personnel who conducted searches.
The restrained person shall comply with the regulations set by the military authority for the management of the place of restraint. If the person disrupts the order of the place, the implementing personnel may take measures to stop such behavior. The implementation record book referred to in Paragraph 1 shall be kept for at least five years.
1. The name and personal data of the restrained person; if such information cannot be ascertained, it may be omitted.
2. The grounds for the restraint and the measures taken.
3. The start and end time and the location of the restriction.
4. The right to petition for habeas corpus in accordance with law.
5. The persons to be notified pursuant to Article
6. The name, quantity, period of custody (custodian), and record of return of any confiscated, forfeited or detained items.
7. The names of the personnel implementing the restriction and of the personnel who conducted searches.
The restrained person shall comply with the regulations set by the military authority for the management of the place of restraint. If the person disrupts the order of the place, the implementing personnel may take measures to stop such behavior. The implementation record book referred to in Paragraph 1 shall be kept for at least five years.
Article 9
If the restrained person raises an objection on the spot, and the implementing personnel consider the objection justified, they shall immediately suspend or modify the restraint; if they consider it unjustified, they may continue to implement the restraint and shall immediately report to the commander of the military installation.
For the objection referred to in the preceding paragraph, upon the restrained person’s request, the implementing personnel shall deliver a written record setting out the main points of the objection and the result and reasons for suspending, modifying, or continuing the restraint.
For the objection referred to in the preceding paragraph, upon the restrained person’s request, the implementing personnel shall deliver a written record setting out the main points of the objection and the result and reasons for suspending, modifying, or continuing the restraint.
Article 10
When a habeas corpus petition is filed by the restrained person or by another person on the person's behalf, except in the cases provided in the proviso to Paragraph 1, Article 7 the military authority to which the implementing personnel belong shall, in accordance with the relevant provisions of the Habeas Corpus Act, transfer the restrained person to the District Administrative Litigation Division of the High Administrative Court having jurisdiction over the place of detention.
When a military vessel returns to a domestic port and a habeas corpus petition is filed by the restrained person or a third party, the restrained person shall be immediately transferred to the District Administrative Litigation Division of the High Administrative Court having jurisdiction over the port of berthing.
When a military vessel returns to a domestic port and a habeas corpus petition is filed by the restrained person or a third party, the restrained person shall be immediately transferred to the District Administrative Litigation Division of the High Administrative Court having jurisdiction over the port of berthing.
Article 11
If the restrained person violates the provisions of the Act or is suspected of committing a crime, the military authority shall transfer the person to the judicial authorities or take other necessary measures.
Article 12
These Regulations come into enforcement on the same date when the Act is enforced.