Regulations on Safeguarding Civil Aviation Against Acts of Unlawful Interference Article 12

The owner or operator of an aircraft shall not transport the hold baggage of passengers who are not on board the aircraft.The owner or operator of an aircraft shall not transport the unaccompanied baggage unless it is subjected to additional screening by APB, unless it complies with all of the following:1.None of passengers who can be imputative by any reason ;2.Baggages under security control from the point of accepting by the owner or operator of aircraft or screened by APB until aircraft taking off;3.The owner or operator of an aircraft already developed measures in their security program to verify the passengers not deliberately cause the circumstances and store all related documents; and4.The baggage is identified as unaccompanied.The means of “None of passengers who can be imputative” referred to in the Subparagraph 1 of preceding paragraph for any of the following:1.Breakdown of the baggage handling system;2.Baggage that missed the intended flight because of an unforeseen delay during its transfer between flights;3.Baggage that was inadvertently placed on the wrong aircraft by the ground crew or ground handling agent of the owner or operator of an aircraft;4.A passenger who was denied boarding because of overbooking by the owner or operator of an aircraft but not a passenger who volunteered to give up his or her seat as a result of overbooking;5.A passenger who was repositioned on another flight or other transportation mode by the owner or operator of an aircraft as a result of a major disruption to operations caused by a natural event such as adverse weather; and6.Under other matters, when the owner or operator of an aircraft ensure the status which can meet the security requirements, the owner or operator of an aircraft shall report to APB for acceptance.
中文原文 民用航空保安管理辦法第12條
航空器所有人或使用人不得運送未登機乘客之託運行李。
未與乘客同機運送之行李,應再經航警局安全檢查後,航空器所有人或使用人始得運送。
但符合下列情形者,不在此限:
一、不可歸責於乘客之事由。
二、全程施以保安控制。
三、航空器所有人或使用人於保安計畫內訂定其確認非屬乘客故意行為之方式,並保存有關證明文件。
四、將該託運行李標明為非同機運送行李。
前項第一款不可歸責於乘客之事由,係指下列事項之一:
一、因行李分揀系統故障。
二、因運送遲延致無法接續運送。
三、因地勤裝載作業錯誤。
四、因航空器所有人或使用人超賣機位致乘客無法登機。
但不包括乘客自願放棄搭機之情形。
五、因天候因素運送遲延經協助轉機或轉乘其他運輸工具。
六、因其他特殊事由經航空器所有人或使用人確認安全無虞,並報請航警局備查者。

English translation for reference only; the Chinese text prevails. Not legal advice.