Taiwan (Special Administrative Region of China)

Last updated on: 17 September 2014

Criminalisation of HIV transmission/exposure

Taiwan (Special Administrative Region of China)
Whether Specific law enacted: 
Yes
Number of people prosecuted: 
2 known
Number of people convicted: 
1 known, 1 awaiting finding
Applicable law: 

The maximum penalty for transmitting AIDS is 12 years in jail under Taiwan law. More information is required.

Key Cases: 

March 2013

  • Taiwan: Moral panic continues as gay man is indicted for alleged ‘intentional’ HIV transmission to many others. They accused him of committing the actions out of hate and revenge. Officials at the Taipei Prosecutors Office said that the suspect, surnamed Feng, a special education teacher at an elementary school in Taipei, was arrested in September last year for spreading the virus.
  • Taiwan: Gay man faces 12 years for alleged HIV transmission during drug-fuelled sex parties. A 38-year-old teacher in Taipei, Taiwan, has been arrested after allegedly throwing sex parties and infecting 50 men with HIV, according to Taiwanese media and reported by China’s SINA news agency. The unnamed man reportedly arranged homosexual orgies on the Internet – promising drugs such as ketamine – and had sex with more than 100 men despite knowing that he carried the virus. A police inquiry revealed that 50 of the men who had slept with the accused — an elementary teacher and alleged drug user — had been infected by the human immunodeficiency virus (HIV), leading to the teacher’s arrest. Police said there is no evidence the man meddled or deceived any of his former students. The man is facing up to 12 years in prison.
  • Taiwan: Gay man who tested positive following drug arrest now faces 5-12 years for unprotected sex with ‘over 100 men’. A male elementary school teacher surnamed Feng possibly had sex with over 100 men in exchange for drugs while allegedly hiding the fact that he suffers from AIDS, the Taipei District Prosecutors Office (TDPO) announced yesterday. Prosecutors said they conducted a blood test which showed Feng has AIDS and took Feng into custody yesterday, alleging that he offered sexual favors in exchange for drugs as well as having and offering to have sex with an individual without disclosing his health condition. He has been charged under the Drug Prevention and Control Act as well as the HIV Infection Control and Patient Rights Protection Act.

Source: http://www.hivjustice.net/storify/gay-man-charged-under-taiwans-hiv-law-faces-5-12-years-for-unprotected-sex-without-disclosure/#sthash.yAaa3P1f.dpuf

 

Other laws and policies with an impact on responses to HIV

Laws and regulations relating to entry, stay or residence in the country: 

No medical checks are required to enter Taiwan. Antiretroviral medication for personal use can be carried along.
People with HIV can be expelled from Taiwan. If an HIV infection is diagnosed, foreigners lose their residency permit. Appeal against such a decision is only possible

  • if the concerned person was infected by a spouse who is a Taiwanese national,
  • if the infection is due to a local health care service, or
  • if the person is a close relative of a Taiwanese national.

No HIV test is required for stays shorter than 90 days. However, people known to be HIV+ are in general not allowed to enter Taiwan. They will however be allowed to enter the country if the purpose of their visit is to attend a conference or to teach courses on HIV. They won't be allowed to enter if the only purpose of their visit is tourism.

HIV testing has to be performed by people staying for more than 90 days, as well as by anyone applying for a residence or work permit. A foreign national applying for a residence permit that is discovered to be HIV-positive will be given 3 months to leave the country. The person's name will be put onto a blacklist, and he/she may be ineligible to re-enter Taiwan.

If the person's infection is due to a contact with a Taiwanese national, he/she can remain in the country. However it has to be proven that the infection was contracted from a Taiwanese national.

There is an established appeals process, which allows foreigners who have been expelled from the country to appeal for re-entry. However, the appeals process is complicated and shrouded in secrecy.

Taiwan does not ask short-term visitors about the visitors’ HIV status if the visitors apply for landing visas or enter in visa-exempt status (stay of less than 30 days) or apply for a visitor visa (stay of less than 2 months). Most U.S. citizens visiting Taiwan are visa exempt because they plan to stay less than 30 days, not work, and have longer than six months validity remaining on their passports.

People applying for resident visas – usually those who plan to work or join family – must have a health certificate. If the health certificate indicates that the visa applicant is HIV positive, the applicant will not receive a visa even though Taiwan visa law does not mention HIV. Similarly, Taiwan authorities are likely to require people who test positive for HIV to leave Taiwan at their own expense, even though Taiwan law does not require authorities to deport people who are HIV positive.

Laws relating to same sex, sexual relations: 
Not information available

For updated information, please go to: http://ilga.org

 

Laws relating to injecting drug use: 

Yes