A bill proposed by Chinese Nationalist Party (KMT) caucus whip Fu Kun-chi to allow naturalized Chinese spouses to run for office or assume government posts without giving up their Chinese citizenship is confusing sole allegiance to the Republic of China (ROC), an official said yesterday.
Chinese spouses currently cannot hold public office if they possess dual nationality, but Fu and 15 KMT lawmakers on Nov. 26 last year proposed an amendment to Article 1 of the Nationality Act (國籍法).
The draft amendment says that “the application of this Act to people of the Mainland Area shall be governed by the special provisions of Article 11 of the Additional Articles of the Constitution (憲法增修條文) and 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).”
Photo: Reuters
It also says that “regarding people of the Mainland Area who have obtained household registration in the Taiwan Area, their eligibility to run for and hold public office will be governed by the provisions of the special act mentioned above, not subject to Article 20 of the Act, which mandates the renunciation of foreign nationality.”
Article 20 of the act stipulates that Taiwanese with dual nationality cannot hold elected office in Taiwan, with those who are elected required to renounce their foreign nationality and complete the process within one year of taking office.
Sources say that if the KMT’s proposed amendment is passed, Chinese nationals could hold public office in Taiwan without renouncing their Chinese citizenship, while other naturalized foreigners would still be required to give up their original nationality.
An official familiar with immigration issues yesterday said the act applies equally to all Taiwanese and demonstrates loyalty to the country, adding that it does not specifically target people from China. Rather, anyone who wishes to hold public office must renounce any nationality other than that of the ROC, as it is a duty of loyalty required for holding public office, the official said.
That Chinese spouses are unable to renounce their Chinese citizenship is due to the actions of the Chinese government, which has nothing to do with the Taiwanese government, they said.
If Taiwan’s lawmakers distort the nature of the problem and amend the Nationality Act so that only Chinese spouses become an exception, it would be highly unfair to other citizens, they added.
Everyone living in Taiwan should abide by the Nationality Act, and the KMT legislators’ proposal to amend the act is confusing the concept of sole allegiance to the ROC, the official said.
Democratic Progressive Party (DPP) Legislator Wang Ting-yu (王定宇) yesterday said Taiwanese should be aware that Chinese law mandates Chinese citizens have a legal obligation to support its national intelligence efforts.
He urged KMT lawmakers to withdraw the bill, warning that if it were passed, it would effectively open the door for China to absorb Taiwan.
Other DPP lawmakers also criticized Fu, arguing that the changes could allow Chinese nationals to hold any public office in Taiwan, and even run for president.
In response, Fu’s office told the DPP to “read the law carefully.”
The office was quoted by local media as saying that the Presidential and Vice Presidential Election and Recall Act (總統副總統選罷法) already explicitly bars residents of China from registering as candidates.
The office accused the DPP of misinterpreting existing legislation.
Fu’s office said they have not proposed amending Article 20 of the act, but instead proposed changes to Article 1.
The amendment was intended to ensure legal consistency, it said, urging the DPP not to deliberately distort the proposal or resort to fearmongering.
Additional reporting by Lin Che-yuan
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