There have been media reports that the Taiwan People’s Party (TPP) might include Xu Chunying (徐春鶯) — the chairwoman of the Taiwan New Residents Development Association — in the party’s nomination list of legislators-at-large. However, the media also reported that Xu used to serve as a Chinese government cadre, and this has caused much uproar.
Article 21 of the Act Governing Relations Between the People of the Taiwan Area and the Mainland Area (台灣地區與大陸地區人民關係條例) says: “Except otherwise provided for in any other law, any of the people of the Mainland Area permitted to enter into the Taiwan Area may not register itself [sic] as candidate for any public office, serve in the government, educational institutions or state enterprises, or organize any political party unless it has had a household registration in the Taiwan Area for at least 10 years.”
Apart from having a household registration in the Taiwan Area for at least 10 years, Xu must also meet the requirement “otherwise provided for in any other law,” which in her case refers to the Nationality Act (國籍法).
Article 20 of the Nationality Act says: “A national of the ROC who acquires the nationality of another country has no right to hold government offices of the ROC.”
Although Xu does have a household registration in Taiwan, she has failed to show a “certificate of loss of nationality” from China to this day. By comparison, independent presidential candidate Terry Gou’s (郭台銘) running mate, Tammy Lai (賴佩霞), confirmed that she has received her “certificate of loss of nationality” from the US. Xu should have issued a certificate to prove that she has given up her Chinese citizenship in accordance with the Nationality Act.
The Council of Grand Justices has previously stated the conditions under which Republic of China law specifically restricts Chinese nationals from holding public office in Taiwan are “constitutional” for the sake of maintaining a free and democratic constitutional order.
Constitutional Interpretation No. 618 states: “No person from the Mainland Area who has been permitted to enter into the Taiwan Area may serve as a public functionary unless he or she has had a household registration in the Taiwan Area for at least 10 years... The said provision is an extraordinary one with reasonable and justifiable objectives in that a public functionary, once appointed and employed by the State, shall be entrusted with official duties by the State under public law and shall owe a duty of loyalty to the State, that the public functionary shall not only obey the laws and orders but also take every action and adopt every policy possible that he or she considers to be in the best interests of the State by keeping in mind the overall interests of the State, since the exercise of his or her official duties will involve the public authorities of the State; and, further, the security of the Taiwan Area, the welfare of the people of Taiwan, as well as the constitutional structure.”
In other words, if someone holding foreign citizenship wants to run for public office in Taiwan, they must comply with the Nationality Act that prohibits possessing dual nationality.
However, if Chinese nationals wants to run for public office, they must comply with not only the prohibition on dual nationality, but also with the “10 years of household registration” stipulated in the related law.
Therefore, if Xu wants to become a legislator-at-large, she must issue a certificate of loss of Chinese nationality first.
Huang Di-ying is a lawyer.
Translated by Eddy Chang
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