Media reports that the Taiwan People’s Party (TPP) is considering Xu Chunying (徐春鶯), who was born in China but now chairs the Taiwan New Residents’ Development Association, for its list of legislators-at-large have caused a public uproar. The potential nomination has stirred debates, especially over the issue of mainland Chinese with dual nationalities being elected into office.
While confirming that Xu, who has lived in Taiwan for 30 years and obtained Republic of China (ROC) citizenship 23 years ago, is under consideration, TPP Chairman and presidential candidate Ko Wen-je (柯文哲) said that the list has yet to be finalized. He added that, if elected, Xu would not sit on politically sensitive legislative committees, such as foreign affairs and national defense.
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) states that “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 [sic] has had a household registration in the Taiwan Area for at least 10 years.”
Some have interpreted that as meaning that Xu, who has held a Taiwan identification card for more than 10 years, is eligible to serve as a legislator.
However, the article also stipulates that “except otherwise provided for in any other law,” which others have interpreted as requiring Xu to also comply with other laws, such as the Nationality Act (國籍法) on possessing dual nationalities.
The Mainland Affairs Council (MAC) has addressed Xu’s case, saying that the act governing cross-strait relations only requires mainland Chinese to relinquish their household registration — not citizenship — in China to apply for ROC citizenship. But the dual nationalities would be a hindrance to taking up civil service positions, which usually are furtherly regulated by institutions offering positions.
Besides, mainland Chinese renouncing their household registration does not equate to giving up their Chinese nationality, and Beijing could still require them to obey its laws, including its Anti-Secession Law.
Although Xu has denied reports that she is a Chinese Communist Party (CCP) member or a CCP officer, she must renounce her Chinese citizenship, just like all other candidates who held foreign citizenships have done before taking office.
Due to the special political situation across the Taiwan Strait, it might be complicated for Chinese immigrants to renounce their Chinese nationality. Nonetheless, according to China’s Nationality Law, Chinese can apply to renounce their nationality and get a certification from the Ministry of Public Security. Xu maybe can obtain such a certification before assuming office if elected.
The renunciation of foreign nationalities not only aims to assure fairness in elections, but also to ensure that elected officials are loyal to the ROC in Taiwan and do not owe allegiance to any other nation.
There are more than 380,000 mainland Chinese new residents in Taiwan, and most political parties have recruited mainland Chinese spouses as committee members to advise on party policies. However, legislator-at-large seats are not decided by constituency votes, but are allocated based on the overall vote that a political party gets in an election.And they are empowered to legislate and decide national policies.
Constitutional Interpretation No. 618 states that the conditions under which Taiwan’s laws specifically restrict Chinese immigrants from holding public office in Taiwan are “constitutional” for the sake of maintaining a free and democratic order.
The government needs to further clarify any ambiguity in the law and, if need be, amend regulations pertaining to legislative posts.
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