Department of Legal Affairs, Taipei City Governmen

Article 15 of the State Compensation Law provides that “The provisions of this Law shall be applicable to a foreign claimant only to the extent that the people of the Republic of China, according to a treaty, law, or custom of that foreigner's country, enjoy the same rights in that country.” Based on the principle of reciprocity, only when the citizens of the Republic of China have the same right to claim for state compensation as the citizens of the country of the foreign victim, can the foreign victim claim under this law. On the contrary, if the country of the foreign victim does not have any law or regulation concerning state compensation, or if the law of state compensation of the country does not apply to citizens of the Republic of China, the foreigner is not entitled to claim under this law for state compensation.