In order to enforce the law, the local administrative agencies may, in their official capacity, issue orders as necessary to supplement the rules, provided however, that such rules shall not violate the law. The Notice Regarding Rewards for Investment in the Establishment of Retail Markets in Taipei City, as promulgated by the Taipei Municipality on July 23, 1981, shall not be applicable since it stipulates that those applying for investment in establishing market places must be “private parties or groups holding all of the rights of use to the private land as and for the market use”, an addition of restriction not present under Article 53 of the Urban Planning Act and thus violating civil rights as protected by the Constitution. Furthermore, the application for the establishment of public facilities during the enforcement period of the Act of Encouragement of Investment shall conform to Article 3 of said Act.

　　　 In order to enforce the law, the local administrative agencies may, in their official capacity, issue orders as necessary to supplement the rules, provided however, that such rules shall not violate the law. To enable private parties or groups to use publicly owned land or to acquire rights to land reserved for public use and owned by other people through intervention of governmental power, and thus accelerate the establishment of public facilities to improve urban development, Article 53 of the Urban Planning Act specially provides that “if the land (reserved for public facilities) needed by private parties or groups that are approved for investment in urban planning ventures is publicly owned, an application may be filed to lease said publicly owned land from the authority in charge; if the land is privately owned and an agreement to purchase could not be reached, said purchase price shall be readily prepared, and an application requesting the municipality or county government of that jurisdiction to purchase said land on their behalf shall be filed.” There is no prerequisite that applicants have to hold the rights of use to the private land within the public-use land. Article 58-1, Paragraph 1, of the Act of Encouragement of Investment (abrogated on December 31, 1990) provides that with regard to applicants for investment in establishing public facilities: “For investment in developing as yet undeveloped land reserved for public use pursuant to this Act, the proprietor of said land may enjoy priority. However, in the event of no response or voluntary relinquishment by said land proprietor upon two months following written notice of the investment opportunity by the local government, other ‘public facility development businesses’ may negotiate such purchase. If such negotiation should fail, one may apply for the local government to mediate. If such mediation fails, one may apply for the local government to submit the case to the local Land Value Evaluation Committee for evaluation. When submitting to the said Committee, the local government shall also include the said land’s published value, taking into consideration the same-year published value of adjacent land not reserved for public use. After submission to the Land Value Evaluation Committee, the undertaking making the application shall prepare the purchase price and investment plan, and apply to the local government to make the purchase at said price. Under the same principle, the Equalization of Land Rights Act shall apply to the purchase procedures.” As promulgated by the Taipei Municipality on July 23, 1981, Paragraph 2, Subparagraph 1(1) of the Notice Regarding Rewards for Investment in the Establishment of Retail Markets in Taipei City stipulates that applicants for investment shall be “private parties or groups holding all of the rights of use to the private land as and for the market use”, which adds a restriction not present in the Act and is inconsistent with the objective of said Act, which is to require all levels of government to assist the people in public facility investment and improve urban development. Therefore, such provision violates the constitutional principal of protecting the rights of the people, and thus shall not be applicable.　With regard to the application for the establishment of public facilities during the enforcement period pursuant to Article 3 of the Act of Encouragement of Investment, the applicant shall be a company limited by shares engaging in production business and shall surely be restricted thereby accordingly.