Legal research on the impact of the implementation of the revised Habeas Corpus Act

The newly revised Habeas Corpus Act, which is one of the most important laws protecting personal liberty, will take effect in June of 2014. This new law permits people who are arrested or detained by any cause to challenge the legality of his or her detention before a court. Therefore people whose liberty is deprived by public health officials will be able to request to be submitted to a court. Public health officials who use these measures involving arrest and detention have to comply with specific due process protections, including inform persons restricted of personal liberty have always been significant strategies to control communicable diseases. Officials who violate the proceeding requirements may have to bear criminal responsibility. To assist public health practitioners to fulfill the requirements of the new Habeas Corpus Act, this research aims to answers the following questions: 1. What measures authorized by the Communicable Disease Control Act are legally required to comply with the requirements of the Habeas Corpus Act? 2. How these legal requirements of the Habeas Corpus Act, particularly the written notice and written delineation of rights, should be integrated into the current public health practices? 3. To what extent do the measures authorized by the Communicable Disease Control Act fulfill the requirements of Article 8 of the Constitution?

Project ID:PG10306-0242
External Project ID:MOHW103-CDC-C-114-000111