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Abstract
There were two methods for privatization on the stevedoring and warehousing operations at international commercial ports in Taiwan, ROC since January of 1998; one was to privatize via facilities leasing or construction agreement, and the other one was done by issuing a license of stevedoring from the government. However, both of them have resulted into the law applicable problems. In February 2000, the law of encouraging private participation in the infrastructure projects was promulgated and enforced, which either could be applied to the port facilities of wharf and transit sheds. Then, the timing became another problem. All those laws related problems should be distinguished and studied.
The stevedoring and warehousing data of privatization from ports of Keelung, Taichung and Kaohsiung, the three main ports in Taiwan, was collected, categorized and analyzed by the “category”, “number of companies”, “application and auditing procedures”, “content of contract” and “practical operations after qualification” to see the differences between the aforementioned two methods for privatization.
Then, the “Commercial Port Law”, “Governing Rules on Wharf and Transitsheds at International Commercial Ports”, “Government Procurement Law” and the article of debt in “Civil Law” were deliberately studied to understand their principles. Furthermore, the law applications of privatization at each port, such as application and auditing, contracting, operation monitoring, etc., were explored.
In addition, comments and opinions are offered after cases such as the coherence of contracts, conflicts and cooperations in between different laws, and the issue of container operation leased to general cargo stevedoring operator in the port of Keelung, etc., were reviewed.
Finally, conclusions and suggestions are derived through the summary of current situation analysis, laws exploring and cases study, which can be referred to by the port authorities as for the consequent privatization.
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