Chinese Nationalist Party (KMT) Legislative Speaker Han Kuo-yu (韓國瑜) yesterday vowed to back the status of a lawmaker who allegedly failed to renounce her Chinese citizenship.
Han read out a statement following the breakdown of interparty negotiations at the legislature, saying that the KMT would support Taiwan People’s Party (TPP) Legislator Li Zhenxiu’s (李貞秀) right to take office.
“Since the caucuses are unable to reach an agreement amid disputes of law and fact, we should respect Li’s right to assume her seat ... until such time that the facts are verified and the justice system arrives at an ultimate judgement,” he said.
Photo: Tu Chien-rong, Taipei Times
During negotiations earlier in the day, Executive Yuan officials said that Li failed to fulfill multiple qualifying conditions to become a lawmaker and take office.
Minister of the Interior Liu Shyh-fang (劉世芳) said that Li did not renounce her Chinese citizenship in writing the day before being sworn in, citing Article 20 of the Nationality Act (國籍法).
The Ministry of the Interior has not received any filing from Li and the responsibility to disqualify lawmakers falls on the Legislative Yuan, she said.
The ministry has asked Legislative Yuan Secretary-General Chester Chou’s (周萬來) office, the Central Election Commission and the Mainland Affairs Council for Li’s filings certifying her renunciation of Chinese citizenship, to no avail, Liu said.
Li’s entry into the legislators-at-large candidate list in the 2023 election contravened Article 21 of 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), Mainland Affairs Council Minister Chiu Chui-cheng (邱垂正) said.
A Chinese national may obtain household registration in Taiwan, but not qualify for elected office if they hold a valid household registration in China, he said.
People with valid household registrations in China are considered “people of the Mainland Area” under the law, a disqualifying condition for holding office, Chiu said, adding that the article also applies to Taiwanese nationals.
People from the Chinese area must continuously have a registered household in Taiwan for 10 years before registering to run for office, he said.
Li obtained Taiwanese residency in 1999, but did not submit proof of relinquishing household registration in China until March last year, he said.
The Executive Yuan has confirmed that Li never submitted documents to the Straits Exchange Foundation or the National Immigration Agency certifying that her Chinese residency has been revoked, he said.
Li’s entry into the TPP’s list of legislator-at-large candidates was also not accompanied by the required documents, Chiu said.
Li’s failure to complete the required changes in residency and the government’s decision not to recognize her as a lawmaker is based on the law, he said.
Removing Li from the legislature does not deprive her of an essential political right if she is not qualified to hold a seat to begin with, Democratic Progressive Party (DPP) caucus chief executive Chuang Jui-hsiung (莊瑞雄) said.
Citing Legislative Yuan Personnel Department head Huang Jui-yueh’s (黃瑞月) statements during the negotiation, DPP Legislator Fan Yun (范雲) said that Li made untruthful declarations in three documents submitted to the legislature, giving the body ample authority to act.
KMT caucus deputy secretary-general Hsu Yu-chen (許宇甄) said that Article 11 of the Additional Articles of the Constitution stipulates that “people of the Mainland Area” are not foreigners under the Nationality Act, contrary to the Ministry of the Interior’s stance.
The Act Governing Relations Between the People of the Taiwan Area and the Mainland Area does not authorize the government to demand a Chinese spouse to surrender their Chinese citizenship, he said.
The executive branch’s demand is an overreach that infringes on the constitutional and legal limits placed on its power, Hsu said.
TPP caucus whip Jacky Chen (陳清龍) thanked Han for his support, saying the speaker’s decision would protect the rights of every lawmaker in office.
The Executive Yuan should answer whether it deems Chinese spouses foreigners governed under the Nationality Act, which is not a view supported by the Constitution, Chen added.
The spat between the Cabinet and opposition lawmakers over the matter is a political fight posing as a legal problem, he said.
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