These Regulations are formulated pursuant to Paragraph 2, Article 12 of the Coast Guard Act.
The criminal investigation conducted jointly by the coast guard authority (hereinafter referred to as the Coast Guard) and the police department within the jurisdiction of the Coast Guard shall be handled according to the following regulations:
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 the 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 the police department.
Upon the discovery of any case pending investigation that falls within the jurisdiction of the other party, the Coast Guard or the 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 off 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 local Coast Guard authorities.
The notification specified in the preceding two paragraphs shall be made in writing, or by phone, fax or other proper means.
Any illegally entered citizen from the other states, mainland China, Hong Kong or Macao, or any national without household registration in the Taiwan Area arrested by the Coast Guard shall be forced to depart or transfer under guard to the custody place designated by the National Immigration Agency as required; however, the disposition of transfer under guard will be prevented in the event that the subject should be transferred 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 competent units of the National Immigration Agency.
After giving a prior notice to the regulating authorities and its management unit, the Coast Guard may assign its personnel to the designated place for subsequent interrogation with the subject.
If required, the Coast Guard may request the police department to support in arrest of criminals, conducting roadside inspection, transporting supplies to offshore islands and islets, providing emergency medical care and other patrol routines.
If required, the police department may request the Coast Guard to support in 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 for 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 from such support; and in case of any insufficiency, 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 department and the National Immigration Agency for making inquiries of operation related information, and if required, may further request the police department for backup in the criminal forensic tasks.
The Coast Guard, the police department and the National Immigration Agency shall cooperate with one another, maintain close coordination, and provide intelligence and information on criminal activities to one another for joint operation to fight against the crimes.
A relevant information, communication network and database linking and exchanging system may be established among the Coast Guard, the police department and the National Immigration Agency. The duty command center at each level from the Coast Guard, the police department and the National Immigration Agency shall keep close contacts and immediately notify one another in case of any emergency or major condition.
The Coast Guard, police department, and fire department shall jointly develop a standard operation protocol of communication for the joint performance of duties concerning public safety and emergency rescue and relief in order to integrate communication resources,
The Coast Guard many entrust the police education agencies to provide training and education for the personnel of the Coast Guard.
Any failure to reach an agreement in the performance of their duties according to laws or in the request of mutual supports by and among the Coast Guard, police department and the National Immigration Agency shall be referred to the Ocean Affairs Council, the Ministry of the Interior (MOI), and the governments of relevant specialty municipalities, counties (cities) for settlement.
To improve liaison between the Coast Guard and the police department, the local Coast Guard agencies and the police department may, depending on the actual needs of the region involved, call for a regional coordination meeting.
If and when required, other relevant organizations may be invited to present in the coordination meeting referred in the preceding paragraph.
These Regulations shall come into force as of the date of promulgation