TAIPEI (Taiwan News) — Central Election Commission Chair You Ying-lung (游盈隆) on Thursday defended the commission's updated interpretation of eligibility requirements for people from China seeking public office, saying it was based on guidance issued by the Mainland Affairs Council.
Under the Act Governing Relations between the People of the Taiwan Area and the Mainland Area, people from China must hold household registration in Taiwan for 10 years before becoming eligible to hold public office. Citing a MAC document from April, the CEC announced Wednesday that the 10-year period begins when proof of cancellation of Chinese household registration is submitted to the relevant authority, per CNA.
The announcement drew criticism from some who argued You had reversed his earlier position that applying the Nationality Act to people from China was an overreach, per UP Media.
You rejected that characterization, saying the CEC's announcement was based on regulations under the Act Governing Relations between the People of the Taiwan Area and the Mainland Area. He stressed that the commission was following guidelines laid down by the MAC.
On the Nationality Act, You said his position had not changed. He explained that the CEC's role is to review candidates' qualifications before an election, while the Nationality Act governs issues that arise after a candidate has been elected.
Soon after taking office in April, You urged the legislature to address legal uncertainties surrounding the political participation of people from China, per Liberty Times. Citing what he described as the unique cross-strait relationship, You argued that applying the Nationality Act to Chinese spouses was an overreach and highly controversial.
Premier Cho Jung-tai (卓榮泰) defended the government's approach, saying it was making the right decision, per UDN. He said Chinese nationals are obligated under China's national security laws to assist the CCP in intelligence work, which is incompatible with Taiwanese law.
You has also questioned the practicality of requiring Chinese spouses who have lived in Taiwan for many years to submit proof that they have canceled their Chinese household registration, per Storm Media. He noted that administrative boundaries in their hometowns may have changed over time, making the documents difficult to obtain.
You's concerns reflect a broader controversy over enforcement of the requirement to submit proof of canceled Chinese household registration. Although Taiwan has long required people from China to cancel their Chinese household registration before settling in Taiwan, authorities did not strictly enforce a 2004 requirement to submit documentary proof until 2024, per The Reporter.
Obtaining the documents has proven difficult for some applicants because some local authorities in China reportedly refuse to reissue proof of household registration cancellation, saying it was already issued when the applicant left for Taiwan. In a 2002 press release, the MAC acknowledged that Chinese authorities require citizens to cancel their household registration before they leave for Taiwan to obtain permanent residency.
While legal experts disagree over whether the stricter enforcement is appropriate, they generally agree that the government bears responsibility for failing to consistently collect the required documentation after introducing the rule.
The issue has also become a point of contention between the ruling DPP and the opposition after the interior ministry argued that TPP Legislator Lee Chen-hsiu (李貞秀) could not serve because she had not renounced her Chinese nationality. Opposition lawmakers argue that the Act Governing Relations between the People of the Taiwan Area and the Mainland Area, rather than the Nationality Act, governs the issue and accuse the DPP of misapplying the law.
Mainland Affairs Council Minister Chiu Chui-cheng (邱垂正) has acknowledged that no Chinese spouse has successfully renounced Chinese nationality, while urging Lee to make every effort to complete the process.
