The Chinese Nationalist Party (KMT) has proposed an amendment to the Nationality Act (國籍法) exempting Chinese spouses from renouncing their People’s Republic of China (PRC) citizenship when running for public office, triggering concern about privileging Chinese nationals and putting national security at risk.
According to Article 20 of the act, a national of the Republic of China (ROC) in Taiwan who also holds the nationality of another country shall have no right to hold government offices. Someone with dual nationality wanting to hold a government office must renounce the other country’s nationality within one year of taking office.
The act aims to safeguard the nation’s sovereignty and security, preventing foreign forces from influencing domestic policy and interfering in governance. It is a basic norm to require a country’s elected officials to be loyal to that country, as having dual citizenship could cause conflicts of interest.
The government found that at least five local wardens and a county councilor, all Chinese spouses, failed to complete the paperwork renouncing their foreign nationality, as demanded of every naturalized citizen. The Ministry of the Interior has ordered local governments to remove those wardens from office. However, the KMT-ruled Hualien County Government granted a Chinese spouse’s appeal to be restored to her position.
In proposing the amendment, the KMT legislative caucus has argued that the Constitution and the Act Governing Relations Between the People of the Taiwan Area and the Mainland Area (臺灣地區與大陸地區人民關係條例) define the special legal relationship between Taiwan and China as two areas, not “state-to-state” relations, so people from the PRC should not be defined as “foreign nationals.”
That argument does not hold water, as Article 9-1 of the cross-strait act clearly says: “The people of the Taiwan Area may not have household registrations in the Mainland Area or hold passports issued by the Mainland Area,” signifying a non-dual citizenship principle. It also stipulates that people in Taiwan who have household registrations or hold PRC passports shall be deprived of their status as a Taiwanese citizen.
Furthermore, Article 1 of the act states: “With regard to matters not provided for in this Act, the provisions of other relevant laws and regulations shall apply.” Although the act stipulates that the Chinese spouses could run for election after 10 years of residency, they still have to follow the Public Officials Election and Recall Act (公職人員選舉罷免法), and the Nationality Act on renouncing their PRC nationality to hold public office.
The KMT previously proposed shortening the time required for Chinese spouses to gain ROC citizenship from six years to four years, which drew criticism that it would widen the inequality between Chinese spouses and spouses from other countries, who need eight years to apply for citizenship.
The party’s proposal to allow Chinese spouses to hold dual citizenship would further deepen social injustice, granting them a privilege denied to other immigrants and Taiwanese.
It would also send the wrong message to the world; that Taiwan, as “part of China,” holds Chinese in a higher position over other foreigners.
China has over the past few years revised its laws to obligate all Chinese citizens to serve its national interests, including complying with its “united front” tactics and spying to achieve its unification ambitions.
Chinese spouses in Taiwan number 384,381, accounting for more than 64 percent of all foreign spouses. It is necessary to eliminate differential treatment to solidify their loyalty to Taiwan. The KMT amendments would only adversely affect Taiwan’s sovereignty and security.
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