Minister Liu Faces Questions Over Eligibility of Chinese Spouse for Legislative Seat
Taiwan’s Interior Minister, Liu Shyh-fang (劉世芳), is under scrutiny after addressing the issue of whether Lee Zhen-hsiu (李貞秀), a Taiwan People’s Party (TPP) member and the spouse of a Chinese citizen, can be seated in the Legislature. During a hearing of the Legislative Yuan’s Internal Administration Committee on Wednesday, Liu stated that her ministry would “work cautiously” with the Legislature to determine Lee’s legal eligibility to serve as a lawmaker, given her unique background.
Lee Zhen-hsiu, who was placed 15th on the TPP’s at-large legislator list in the 2024 legislative elections, may have the opportunity to enter the Legislature in 2026 due to the party’s plan to rotate in candidates after two years. However, the issue of her dual nationality and the complexities of Taiwan’s laws regarding foreign citizenship have raised questions about whether she meets the requirements to hold public office.
Legal Complications and Nationality Act: Taiwan’s Struggle with Cross-Strait Citizenship Issues
The central issue revolves around Taiwan’s Nationality Act and its requirement that public officials must renounce any foreign citizenship before taking office. Specifically, Article 20 of the Nationality Act stipulates that individuals who hold foreign citizenship, including Chinese citizenship, must renounce it to be eligible to serve as a public official in Taiwan. Liu clarified that, according to the law, when lawmakers are inaugurated, they must sign an affidavit confirming whether or not they hold foreign citizenship.
If a lawmaker does hold foreign citizenship, they must submit proof of renouncing it within one year of assuming office. Failure to do so results in the revocation of their legislative credentials under the Public Officials Election and Recall Act.
However, the situation becomes more complicated when the foreign citizenship in question involves the People’s Republic of China (PRC), given the sensitive and complex nature of cross-strait relations. Under Taiwanese law, Chinese citizens are not automatically treated the same as citizens of other foreign countries, complicating the issue of eligibility.
Lee Zhen-hsiu’s Case: Citizenship and Cross-Strait Legalities
Lee Zhen-hsiu’s situation is further complicated by her status as a former PRC citizen, who renounced her PRC household registration to become a citizen of the Republic of China (Taiwan). As per Taiwan’s Act Governing Relations Between the People of the Taiwan Area and the Mainland Area, PRC citizens who renounce their household registration are eligible to apply for Taiwanese citizenship and register for public office, provided they meet other criteria such as a ten-year naturalization period.
However, there is uncertainty about whether Lee Zhen-hsiu’s Chinese citizenship has been fully renounced. During the committee hearing, Democratic Progressive Party (DPP) legislator Lee Po-yee (李柏毅) raised the possibility that China could revoke Lee Zhen-hsiu’s PRC household registration without fully revoking her Chinese citizenship. In this case, Liu stated that the Ministry of the Interior (MOI) would need to approach the matter “with caution” and work closely with the Legislature to resolve the issue.
Liu emphasized that according to Taiwan’s laws and constitution, loyalty must be to the Republic of China, and if Lee Zhen-hsiu retains any form of Chinese citizenship, it could be problematic for her eligibility.
Precedent: Previous Case Involving Foreign Citizenship
Liu and Lee Po-yee pointed to a precedent in a similar case involving foreign citizenship. They referenced the case of former Kuomintang (KMT) lawmaker Lee Ching-an (李慶安), who was revealed to be a U.S. citizen during her time in office. In 2008, after media reports revealed her U.S. citizenship, Lee initially denied the claims but eventually resigned from the Legislature in 2009, and the Central Election Commission revoked her status as an elected official.
This past case involving U.S. citizenship provides a framework for understanding how Taiwan handles the eligibility of lawmakers with foreign citizenship, but the unique nature of Chinese citizenship and its political and legal complexities could lead to a different outcome in Lee Zhen-hsiu’s case.
Taiwan’s Caution Regarding Chinese Citizens in Public Office
Taiwan’s laws surrounding the eligibility of public officials with Chinese citizenship are especially sensitive given the ongoing political tensions between Taiwan and China. The issue of whether individuals with ties to China can hold public office in Taiwan touches on broader concerns about national security, cross-strait relations, and political loyalty. With Lee Zhen-hsiu’s case, Taiwan is once again grappling with these delicate issues in a highly charged political environment.
Key Points of Concern Regarding Eligibility
| Issue | Details |
|---|---|
| Nationality Act | Requires renunciation of foreign citizenship to hold public office. |
| PRC Citizenship Complications | PRC citizens must annul their household registration to gain ROC citizenship, but their Chinese citizenship status remains complex. |
| Lee Zhen-hsiu’s Eligibility | A former PRC citizen who renounced household registration but may still have Chinese citizenship. |
| Public Official Affidavit Requirement | Lawmakers must submit an affidavit regarding their foreign citizenship and renounce it within one year of taking office. |
| Previous Precedent | Similar cases have involved individuals with U.S. citizenship, leading to resignations or revocations of credentials. |
FAQs
1. What is the main issue with Lee Zhen-hsiu’s eligibility to become a lawmaker?
The primary issue is her citizenship status. While Lee Zhen-hsiu renounced her PRC household registration to become a Taiwanese citizen, it remains unclear if she fully renounced her Chinese citizenship, which is required by Taiwanese law to serve as a public official.
2. What does Taiwan’s Nationality Act say about foreign citizenship?
Taiwan’s Nationality Act requires individuals who hold foreign citizenship to renounce it in order to serve as public officials. This rule applies to anyone with foreign citizenship, including Chinese nationals.
3. Is there a precedent for foreign citizenship affecting lawmakers in Taiwan?
Yes, the case of former lawmaker Lee Ching-an, who was found to be a U.S. citizen during her time in office, serves as a precedent. She resigned after the revelation, and the Central Election Commission revoked her legislative credentials.
4. How will the Ministry of the Interior handle Lee Zhen-hsiu’s case?
The Ministry of the Interior stated that it would work cautiously with the Legislature to resolve Lee Zhen-hsiu’s eligibility, considering the complexities of her dual nationality and the sensitive nature of cross-strait relations.
5. Can Lee Zhen-hsiu still serve as a lawmaker if she retains Chinese citizenship?
If Lee Zhen-hsiu retains Chinese citizenship, she may be ineligible to serve as a lawmaker under Taiwan’s Nationality Act, which requires all public officials to renounce foreign citizenship.
