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Dr. Nien-Tsu Alfred Hu:「Taiwan Coast Guard Administration: Its Reorientation under the To-be-established Ocean Specialized Agency」

Introduction

  The Coast Guard Administration (CGA) of the Republic of China (ROC, or commonly known as Taiwan by the international community) is subject to an imminent reorientation due to Taiwan Central Government’s overall reorganization. The CGA has been a ministerial agency under the Executive Yuan (or in the Cabinet) since its establishment on 28 January 2000. However, its organic act was revised by the Legislative Yuan (or the Parliament) on 16 June 2015 , along with the enactment of another three new organic acts, including those for the Council of Ocean Affairs (海洋委員會 in Chinese while its official English name has not been formalized and may also be named as the Ocean Affairs Council)  , the Marine Conservation Administration (海洋保育署 in Chinese)  , and the National Oceans Research Institute (國家海洋研究院 in Chinese) . While all four organic acts were promulgated by four separate Presidential Decrees on the same date of 1 July 2015, only the organic acts for the Council of Ocean Affairs and the Coast Guard Administration were ordered by the Executive Yuan to be effective on 4 July 2016, however, this Executive Yuan Order was revoked by a later Order  so that the exact date for the establishment of a new ministerial level ocean specialized agency and the reorganization of the CGA becomes uncertain. Nevertheless, regardless whether such ocean specialized agency will be a Ministry or a Council, CGA will be downgraded from its original ministerial agency status to a so-called “third-level agency of the Executive Yuan”  or a subordinate agency under and reporting to the Council of Ocean Affairs or the Ministry of the Oceans. The statutory changes to the CGA organic act include not only the name of the Administration itself, but also its top echelon of executives, structure and its “perceived” functions. The reasons why the occurrence of such statutory changes deserves examination from both academic and practical perspectives are in two-fold: one, such changes occur due to a top-down decision for an overall government agencies reorganization undertaking which is not in line with the self-interests of the CGA itself and second, along with the to-be-established ocean specialized ministerial agency, the changes of the functions of the CGA will be inevitable.

  This article presents the statutory changes to the organic act of the CGA, analyzes the implications resulted from such statutory changes and provides a new lookout and reorientation for the functioning of the CGA.

 

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