Annotated Republic of China Laws/Coast Guard Act
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|The Coast Guard Act
Republic of China (Taiwan) Law
History[edit | edit source]
- promulgated on January 26, 2000
- Amended on April 10, 2019
Content[edit | edit source]
- Article 1
- This Act is especially enacted to maintain the order of the Waters and the Coast, conservation and making good use of resources, ensuring national security and protecting people’s rights and interests in Taiwan area.
- For matters not provided in this Act, the relevant provisions of other acts shall govern.
- Article 2
- The terms specially adopted by this Act are defined as follows:
- 1. Taiwan Area: Taiwan, Penghu, Kinmen, Matsu and any other areas over which the Republic of China has sovereignty.
- 2. Waters: the territorial sea, contiguous zone and the exclusive economic zone, all which was specified in the act of the territorial sea and contiguous zone of the Republic of China and the act of the contiguous zone and the continental shelf of the Republic of China.
- 3. Coast: inshore sandbars and coastal areas beyond five hundred meters extending from the low water mark to the high water mark in Taiwan Area.
- 4. Coast Control Zone: part of the coast of Taiwan Area jointly demarcated and announced by the Ministry of National Defense, the Coast Guard authority and the Ministry of the Interior on the basis of the actual need for maritime defense.
- Article 3
- The Executive Yuan shall establish the Coast Guard authority (following abbreviation is the Coast Guard) for handling the matters provided in this Act. The organization of Coast Guard shall be governed by legislation.
- Article 4
- The Coast Guard shall be in charge of the following matters:
- 1. Perform the control and the security work of the Coast Control Zone.
- 2. Conduct security checks on inbound or outbound vessels or any other maritime transportation.
- 3. Investigate and seize smuggling and prevention of illicit entry or exit at the Waters, the Coast, estuaries or non-trading ports. Carry out security checks on travelers at trading ports. Investigate any other crimes.
- 4. Coordinate, investigate and handle foreigner-involved affairs about guarding the Waters and the Coast.
- 5. Search and collect smuggling information. Investigate and handle the information about infiltration and security.
- 6. Conduct research and development on oceanic affairs.
- 7. Executing affairs:
- （1）Control and keep the order of maritime traffic.
- （2）Salvage, rescue and handling disputes that occur at sea.
- （3）Patrol and protect fishing zones. Preserve fishing resources.
- （4）Protect and preserve oceanic environment.
- 8. Any other affairs relating to coast guarding.
- The work about searching and collecting national security information at the Waters and the Coast, as stipulated in Item 5 of the preceding Paragraph, shall be guided, coordinated and backed by the National Security Bureau
- Article 5 (later amended)
- Article 6
- The personnel of the Coast Guard may, in the course of exercising the powers specified in the preceding Article, order a person to surrender her/his belongings for inspection on suspicion of a crime, whenever such suspicion is justifiable. The personnel of the Coast Guard may search the person, if the person disobeys the order. The body search can only be carried out in the presence of at least two members of the Coast Guard or a third person to the Coast Guard.
- A woman may only be searched by a female member of the Coast Guard.
- Article 7
- To check smuggling or curb illicit entry/exit, as provided in Article 4, the personnel of the Coast Guard may conduct searches on the nearest roads leading to the Coast, if necessary.
- Article 8
- To check smuggling or curb illicit entry/exit, as provided in Article 4, the personnel of the Coast Guard may, in an emergency, take the liberty of investigating a crime committed by a suspect and searching/collecting evidence, outside the precinct, though the personnel of the Coast Guard shall inform the related authority of this right away.
- Article 9
- As regards their fight against smuggling as provided in Article 4, the personnel of the Coast Guard shall hand over to the customs the findings of their investigation work and whatever smuggled goods they have seized.
- As regards their fight against smuggling and illicit entry/exit as provided in Article 4, the personnel of the Coast Guard shall hand over any suspect they discover in the course of duty to a competent authority pursuant to the law.
- Article 10
- While performing their duties to investigate crimes as provided in Article 4, the Coast Guard’s senior officers in charge, namely selected officers, captains, superintendents, customs superintendents and any other senior officers with higher ranks, shall be deemed the judicial police officers defined in the Criminal Procedure Code, article 229.
- While performing their duties to investigate crimes as provided in Article 4, the Coast Guard’s senior officers in charge, namely recommended officers, lieutenants, inspectors, senior customs officers and any other senior officers with higher ranks, with the exception of those specified in the preceding Paragraph, shall be deemed the judicial police officers defined in the Criminal Procedure Code, article 230.
- While performing their duties to investigate crimes as provided in Article 4, the Coast Guard’s members, with the exception of those specified in the two preceding Paragraphs, shall be deemed the judicial police constables defined in the Criminal Procedure Code, article 231.
- Any person mentioned in the three preceding Paragraphs shall receive special training for judicial police before s/he is permitted to perform her/his duties of law enforcement, unless s/he belongs to the judicial police. The governing regulation shall be enacted by the Executive Yuan.
- Article 11
- The Coast Guard shall cooperate, and liaise, closely with the armed forces, the police, the customs and other related authorities. The Coast Guard shall ask a competent authority to give advice whenever assistance in their duties performance is expected.
- The Coast Guard shall formulate the regulation governing the cooperation and the liaison provided in the preceding Paragraph along with a related authority.
- Article 12
- To perform their duties as provided in Article 4, the Coast Guard shall be equipped with warships, aircrafts, vehicles, weapons, ammunition, high-tech monitoring systems and any other requisite instruments whose specifications and functions enable the Coast Guard to carry out their tasks.
- The aforesaid warships, aircrafts, vehicles, weapons, ammunition and monitoring systems shall be numbered and bear emblems; their standardization shall be decided by the Coast Guard.
- Article 13
- To perform their duties as provided in Article 4, the personnel of the Coast Guard may use weapons and other requisite instruments; and the use of such weapons and requisite instruments shall be governed by the act. During the pre-legislation stage, the provisions
of the Act of the Use of Police Instruments shall be applicable to the Coast Guard which shall also formulate supplementary regulations for their use of weapons and requisite instruments.
- Article 14
- Every member of the Coast Guard shall, in the course of duty, be in uniform or able to show an identification document.
- The Coast Guard shall be responsible for the standardization of the uniform and the identification document provided in the preceding Paragraph.
- Article 15
- This Act shall come into force as of the date of promulgation.
Annotated by Wikibooks[edit | edit source]
- "The Coast Guard Act: Legislative History". Laws & Regulations Database of The Republic of China. Ministry of Justice (Taiwan). 2019-04-10. https://law.moj.gov.tw/ENG/LawClass/LawHistory.aspx?pcode=D0090009. Retrieved 2019-06-02.
- "The Coast Guard Act: Article Content". Laws & Regulations Database of The Republic of China. Ministry of Justice (Taiwan). 2019-04-10. https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=D0090009. Retrieved 2019-06-02.