The Mainland Affairs Council of the Republic of China (Taiwan) indicated that according to the law, it is mandated to promote and investigate public officials who possess Mainland China identity and documents, as it is the responsibility and obligation of public officials to comply with the law.
On February 28th, the Mainland Affairs Council of the Republic of China (Taiwan) stated that public officials who fall under the circumstances stipulated in Article 28, Paragraph 1 of the Public Servants Employment Act should not be appointed as public officials. Since 2004, the Regulations Governing Relations between the People of Taiwan Area and the Mainland Area have stated that individuals holding Mainland China identity will have their status as Taiwanese citizens annulled, thus losing their eligibility to hold public office.
The Mainland Affairs Council of the Republic of China (Taiwan) mentioned that there are indeed cases of current public officials holding People’s Republic of China identity cards. Therefore, as of today, the government requires current officials to provide statements confirming that they are not registered in mainland China, do not possess identity cards, residency permits, or passports from mainland China, as a way to reinforce the promotion of existing legal requirements. When considering a new appointment, public officials already need to provide statements on various matters. Starting today, they will also need to provide statements confirming their compliance with the regulations in place since 2004 and the relevant government departments are fulfilling their administrative duties in accordance with the law without any impropriety, nor any violation of the law.
The Taiwan Mainland Affairs Council explained that if individuals apply for the aforementioned documents from the Chinese Communist Party, they must swear allegiance to the People’s Republic of China, thus violating Article 4 of the Public Servants Employment Act regarding the obligation of loyalty. The government’s requirement for current officials to provide statements confirming they have not violated the loyalty obligation is an internal requirement and authority for the administrative management of all public officials, and does not encroach upon the rights of public officials.
Emphasizing that according to Chinese Communist Party regulations, to apply for a “residence permit,” one must have resided in mainland China for over six months. According to the current national personnel management norms, our public officials cannot meet the criteria for applying as required by the CCP. If individuals do possess a “residence permit,” then the relevant authorities must clarify whether these individuals have violated personnel attendance or regulations regarding visits to the mainland; otherwise, it would serve as solid evidence of the CCP’s efforts to recruit Taiwanese nationals to the mainland in violation of its own laws.
The Taiwan Mainland Affairs Council reiterated that public officials, in exercising public authority, should not only adhere to the law but also actively consider the overall national interests, taking actions and making decisions that benefit the country. The government’s prohibition on current public officials receiving CCP residence permits is a government policy and falls within the government’s authority to manage all public officials, with all public officials having the obligation to comply.