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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 16:35
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Chapter Law Content

Chapter 3 Organization
Article 18
The CIPAS shall consist of 11 to 13 Board members to be appointed by nomination by the premier for a four-year term. When making the appointment, the premier shall designate one of the board members as the Chairperson and another as the Vice Chairperson.
When the Chairperson, Vice Chairperson or board members is vacant, the premier shall act in accordance with the procedure set forth in Paragraph 1 and nominate new board member. The succeeding board member shall serve until the term of the original Board member expires.
The number of board members affiliated with the same political parties may not exceed one third of the total number of Board members. The number of Board members affiliated with the same gender may not exceed one third of the total number of Board members.
The Chairperson, a special appointee, shall represent the CIPAS in external functions.
Article 19
The CIPAS shall have a chief secretary. The chief secretary serves under the order of the chairperson, managing general affairs of the CIPAS while directing and supervising its staff. The CIPAS shall have several staffs for operation. Other related authorities shall assign a person to take charge of the coordination and communication.
To achieve the purpose of this Act, the chairperson and the board member appointed by Chairperson may take emergent measures which are not exceeding necessary scope of duties of CIPAS once encountered imminent and immediate event.
The organizational structures and regulations of the CIPAS shall be prescribed by the Executive Yuan.
Article 20
Board members of the CIPAS should be above partisanship and exercise their own duty independently according to the law. No participation of political parties’ activities is allowed during their service period.
Board members who has violated the provision set out in the preceding Paragraph shall be terminated their position by the premier after approving by the Commission’s Committee Meeting.
Article 21
Board members fits any of the following circumstances, shall be terminated their position by the premier:
1. death or incapable of performing duties due to illness;
2. Resignation;
3. being subject to a valid order of the commencement of guardianship or assistantship;
4. Committing illegal acts, reckless disregard of duties, or other misconducts;
5. Being detained or indicted for a crime.
Article 22
The Commission’s Committee Meeting shall be convened monthly and presided over by the Chairperson. Additional meeting may be held if necessary and presided over by the Chairperson. In case that the Chairperson cannot attend the meeting, the Deputy Chairperson shall act on the Chairperson’s behalf. In case that both the Chairperson and the Deputy Chairperson are not available for the meeting, a Board member shall be elected by and from the Board members attending the meeting to act as the chairperson.
The Commission’s Committee Meeting may be held upon the attendance of a majority of all board members; decisions must be approved by a majority of board members in attendance other than the following circumstances:
1. The Commission’s Committee Meeting shall have more than two-thirds of all board members to attend, and decisions approved according to article 6 shall require the consents of more than half of the Board members presented at the meeting.
2. The Commission’s Committee Meeting shall have more than two-thirds of all Board members to attend, and decisions approved according to Paragraph 2 of Article 20 shall require the consents of more than two-thirds of the Board members presented at the meeting.
Article 23
The CIPAS shall report current execution and information on the progress of the investigation of ill-gotten party assets on the CIPAS's web sites immediately. The CIPAS shall file a report to the Legislative Yuan semiannually.
Article 24
The CIPAS shall regularly announce the list of the ill-gotten party assets retrieved or the monetary value expropriated under this Act. The list shall also be published on the CIPAS's web sites.
The list set out in the preceding Paragraph shall include the title, content, acquisition method, current use condition, and their monetary value.
Article 25
If it is established that the ill-gotten party assets replevied or the monetary value expropriated under this Act were previously taken from nationals of our country or juristic persons and organizations of our country by the political parties or its affiliated organizations, the original right-holder or his successor in title shall have the right to restore their right by making an application to the CIPAS.
The restoration of right as prescribed in preceding paragraph shall be implemented by way of replevin of origin assets. However, if it is decided that replevin has become impossible, expropriation of equivalent monetary value shall be exploited as the alternative measure of implementation. But the monetary value thus expropriated shall not exceed the actual value of assets replevied or monetary value expropriated pursuant to this Act.
The regulations of the procedure of restoring right and other related matter stated in Paragraph 1 of this article shall be prescribed by the CIPAS.
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