TAIPEI (Taiwan News) — TPP at-large lawmaker Lee Chen-hsiu (李貞秀) was sworn in on Tuesday despite not having renounced her Chinese nationality.
Lee was sworn in alongside Deputy Director General Hung Yu-hsiang (洪毓祥) of the Institute for Information Industry’s Software Technology Institute, Sunshine Care Association Chair Tsai Chun-chou (蔡春綢), National Chung Cheng University professor Wang An-hsiang (王安祥), National Taipei University of Nursing and Health Sciences professor Chiu Hui-ju (邱慧洳), and Taichung City Councilor Chen Ching-lung (陳清龍), per RTI.
Before Lee took office, the Ministry of the Interior demanded that she begin the process of forfeiting her Chinese nationality, citing the Nationality Act, which bars individuals holding dual nationality from serving as elected representatives, per an MOI press release. The ministry also forwarded a People’s Republic of China application form for nationality forfeiture to Lee’s office on Monday, per Newtalk.
Responding to questions, Lee said she was sworn in before Constitutional Court justices and had received certification from the Central Election Commission on Monday, per CNA. She said her sole loyalty lies with Taiwan and that she has lived in Taiwan far longer than in China.
Lee said that while the government insisted she comply with the Nationality Act rather than the Act Governing Relations between the People of the Taiwan Area and the Mainland Area — which she said should prevail in cases of conflict — she still returned to her hometown in China to apply for nationality forfeiture. She said authorities in Hengnan County and Hengyang City declined to process her application.
Lee said she will forward documentation showing Chinese authorities’ refusal to the Interior Ministry and suggested the ministry attempt the process itself if it believes it feasible. She said the procedure is far more complicated than critics have suggested.
Under China’s immigration regulations, applications for nationality forfeiture may be submitted to public security authorities within China or to embassies when applicants are abroad. State employees and active service members are barred from renouncing nationality.
Other individuals may apply through public security authorities in China or at embassies abroad if they have foreign relatives, reside overseas, or have other justifiable reasons.
Commenting on Lee’s case, a government official said that if she fails to submit the required documentation within one year, the government would no longer legally recognize her status as a lawmaker, per Liberty Times. The official said she would be unable to perform legislative duties.
National Cheng Kung University professor Hung Chin-fu (洪敬富) warned that Chinese law obligates Lee to assist in intelligence-gathering operations. He said the government should restrict her access to documents from the Interior Ministry, the Mainland Affairs Council, and the Coast Guard Administration.
The government’s handling of Lee’s nationality status has also drawn criticism. National Yunlin University of Science and Technology professor Wu Wei-chih (吳威志) said that under the framework set out in the law governing cross-strait relations, neither side legally designates the other as a foreign country, per Awakening News Networks.
Wu urged the government to address Lee’s situation in accordance with existing laws. He also argued that a foreign national whose home country refuses to process nationality forfeiture should not be denied the constitutional right to participate in Taiwan’s political system.
Travel documents used on both sides of the Taiwan Strait reflect the legal framework. Taiwanese travelers must obtain a Mainland Travel Permit for Taiwan Residents to visit China. For Chinese nationals visiting Taiwan, the National Immigration Agency said independent travelers may use either a passport or a document equivalent to the permit.
