These Regulations have been developed pursuant to Article 11 of The Coast Guard Act.
The criminal investigation conducted jointly by the Coast Guard authority (following abbreviation is the Coast Guard) and police department within the jurisdiction of the Coast Guard shall be provided according to the following requirements:
1. Any case of alleged crime taking place in the sea territory shall be investigated by the Coast Guard: Provided, however, that any crowd gathering activities on the sea shall be jointly attended by the Coast Guard and police department.
2. Any smuggling activities, illegal entrance/exit and their alleged associate criminal activities taking place on the coast shall be investigated by the Coast Guard; and other alleged criminal activities, by police department.
Upon the discovery of any case pending investigation that falls within the jurisdiction of the other party, the Coast Guard or police department while taking necessary measures shall immediately notify the other party.
If a transfer to the police department for further investigation is warranted in the course of attending the investigation of other alleged criminal activities as defined in the second subparagraph of the first paragraph in Article 2 herein, the Coast Guard shall forthwith take necessary dispositions including blocking the scene of crime and complete the transfer form of report of criminal activities, then submit the transfer notice together with related information to the local police department for further investigation.
In duly performing its duties of search, arrest, seizure, and/or summon by force at a location outside the jurisdiction of the Coast Guard, the Coast Guard shall notify the local police department.
In duly performing its duties of search, arrest, seizure, and/or summon by force at a location outside the jurisdiction of the police department, the police department shall notify the Coast Guard.
The notification specified in the preceding two paragraphs shall be made in writing, by phone, fax or other proper means.
Any illegal entrance citizen from the other states, mainland China, Hong Kong or Macao, or citizen from the Taiwan Area without domicile registration arrested by the Coast Guard shall be forced to departure or transfer under guard to the custody place designated by the National Immigration Agency as required; however, such disposition of forced departure or transfer under guard will be prevented in the event that the subject should be transfer to the judicial department for investigation and prosecution or in any extraordinary case as provided by the law.
The alien rescued from disasters by the Coast Guard shall be transferred to the place designated by local units of the National Immigration Agency.
Upon serving a prior notice to the regulating authorities and its unit in charge, the Coast Guard may assign its agent(s) to the designated place for subsequent interrogation with the subject.
If required, the Coast Guard may request the police department to support in making an arrest, conduction of road block, transportation of logistic materials to offshore islands and islets, emergency medical care and other patrol routines.
If required, the police department may request the Coast Guard to support operations of crime investigation, arrest and other police duties.
If required, the Coast Guard and the National Immigration Agency may collaborate on missions of illegal immigrant investigations.
Upon receiving the support request or manpower or mechanical equipment as described in the preceding three paragraphs, the Coast Guard, the police department and the National Immigration Agency shall provide the supports as requested unless provided with justified cause to prevent such support; and in case of any insufficiency, the supporting the Coast Guard or the police department may request the aids from its superior agency.
In duly performing its duties, the Coast Guard may have the access to the information system of the police administration and the National Immigration Agency for making inquiries of operation related information, and if required, may further request the police department to back up in the criminal forensic tasks.
The Coast Guard, police department and the National Immigration Agency shall be cooperative with each other, maintain close coordination, and provide intelligence and information on criminal activities to the other party for joint operation to fight against the criminals.
A communication, information network and data system link and exchange system may be created among the Coast Guard, police department and the National Immigration Agency. Respective operation command center at each level from the Coast Guard and police department shall keep close contacts and immediately notify the other party in case of any major or emergency condition.
For the purpose of integrated communication resources, the Coast Guard, police and fire departments shall jointly develop a standard operation specification of communication for the joint performance of duties concerning public safety and emergency salvation.
The Coast Guard many contract the police department to provide training and education for the personnel of the Coast Guard.
Any failure to reach agreement in the request of mutual supports or in the performance of legal duties by and among the Coast Guard, police department and the National Immigration Agency shall be referred to Coast Guard Administration of Executive Yuan and Ministry of the Interior (MOI) for settlement.
To improve liaison between the Coast Guard and police department, the local the Coast Guard and the police department as applicable depending on the region involved may call for a regional nature of coordination meeting.
If and when required, other government organizations may be invited to present in the coordination meeting as referred in the preceding paragraph.
These Regulations shall come into force as of the date of promulgation.