Lai Ching-te's False Pretense of Respecting New Immigrants
United Daily News Editorial, November 3, 2023
The Taiwan People's Party (TPP) is reportedly contemplating nominating Xu Chunying, a mainland Chinese spouse, on its party list for legislators-at-large. There are media reports which claim that Xu was part of the Chinese Communist Party cadre, which prompted the ruling Democratic Progressive Party (DPP) to criticize her candidacy and express intentions to amend laws to prevent such situations. DPP Chairman and presidential candidate William Lai expressed his concern that this could threaten national security. Premier Chen Chien-jen also underscored the imperative of making national security the top priority in governmental personnel decisions. Chairman Chiu Tai-san of the Mainland Affairs Council indicated that if Hsu were to assume the role of legislator, she would be required to renounce her mainland Chinese nationality in accordance with the “Nationality Act” and “Civil Servants Employment Act,” thereby demonstrating her loyalty to the Republic of China (Taiwan).
Nonetheless, these reactions from government officials and members of the DPP are not based on facts. Xu has stated that she has never joined the Communist Party and has followed the regulations by renouncing her household registration in mainland China. Now, she uses a “Taiwan Compatriot Permit” to travel to and from mainland China. In addition, Xu has never referred to herself as a cadre of the Communist Party. Based on these facts, the claims made by Chiu Tai-san and the media about Xu having "dual citizenship" and being a "Chinese Communist Party cadre" are fundamentally false and inaccurate.
Setting aside Xu’s own statements, this matter can be easily clarified when one examines the legal regulations concerning Xu’s case. However, it appears that government officials may not be sufficiently familiar with their own country's regulations. Since Taiwan and mainland China do not mutually recognize or are not subordinate to each other, the Act Governing Relations between Peoples of the Taiwan Area and the Mainland Area stipulates that when a mainland Chinese individual who is married to a Taiwanese applies for an R.O.C. national identity card, she must first cancel her mainland household registration. In other words, this approach replaces the requirement for the mainland Chinese individual to "renounce citizenship." Correspondingly, according to mainland China's Nationality Law, one can only renounce their household registration based on the premise of residence in a "foreign country" or being closely related to a “foreigner." “Residing in Taiwan” alone does not qualify as a reason to forsake mainland citizenship. If these regulations are not familiar to someone like Minister Chiu, who comes from a legal background, it may be seen as a failure of duty and qualification on Minister Chiu’s part.
The key issue in this event is not Xu’s past and her background but rather how the people of Taiwan should perceive the identity and loyalty of new immigrants. According to current regulations, naturalization for general foreign spouses takes four years. As for mainland Chinese spouses, it follows stricter requirements, extending to a six-year period. Nevertheless, to hold public office, one must have been a registered resident for a minimum of 10 years, with the requirement raised to 20 years for positions in national defense and security units. In essence, the loyalty of naturalized mainland spouses is based on the duration of their residency, and this factor determines the extent to which they are granted political participation rights. If these requirements are deemed insufficient, legislators have the authority to amend the laws to impose further restrictions or even establish conditions for the revocation of political participation rights in special circumstances. However, the Tsai administration's questioning of Xu's loyalty solely because of her mainland Chinese origin and their denial of her political participation rights is not in line with the practices of a country ruled by law.
Ning Chia-jung, a former member of the DPP’s New Immigrant Affairs Committee, who had previously been a member of the Communist Party, is also a mainland Chinese spouse of a Taiwanese. However, Mr. Lai stated that Ning’s background is not a problem because she was involved in new immigrant work for the DPP. Whereas in the case of Xu Chunying, her entry into the legislative body could involve access to national defense and diplomatic confidential matters. This represents a double standard on the part of the DPP. It seems that loyalty to Taiwan is not questioned as long as one identifies with the DPP party, but mainland spouses who identify with other parties are viewed as a national security threat even before they enter the legislative body. The inconsistency and double standard are, in fact, the greatest threat to national security.
Due to unique cross-strait relations, the R.O.C. Constitution treats nationals, foreigners, and mainland Chinese people differently. However, the DPP intentionally chooses to overlook these distinctions. In this case, the DPP attempts to address Xu’s situation by invoking the “Two-State Theory” and labeling the TPP. Based on legal and constitutional grounds, the DPP has no justifiable reason to impede Xu’s inclusion in the TPP's at-large list. Unfounded questioning of the loyalty of mainland immigrants is not in line with the rule of law that a ruling party should adhere to, and it does not reflect the conduct expected of a progressive party.
There are approximately 350,000 mainland Chinese spouses in Taiwan, along with nearly 600,000 spouses from other countries. Together, this population of almost one million new immigrants represents the diverse and hopeful future of Taiwan as they contribute significantly to the upbringing of the "children of the new Taiwan." It may be the responsibility of TPP Chairman Ko Wen-je to provide a clear explanation to the public regarding his party's endorsement of Xu. However, the DPP must also adopt a more inclusive perspective, demonstrating that Taiwan welcomes and values new immigrants as part of the Taiwanese family. Only by doing so will Taiwan live up to its identity as an "oceanic nation" that embraces various cultures and backgrounds. If the DPP as a ruling party cannot even have faith in a mainland Chinese spouse who has lived in Taiwan for three decades, how can Taiwan aspire to a future that is diverse and inclusive?