'Reinterpretation' expands scope of China household registration rule

Taipei, April 23 (CNA) Taiwan's Mainland Affairs Council (MAC) recently issued a new interpretation of the Cross-Strait Act, specifying that holding a permanent residence certificate issued by the Chinese authorities will also result in the loss of "Taiwan status."

Article 9-1 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area (Cross-Strait Act) stipulates that "people of the Taiwan Area may not have household registrations in the Mainland Area," and those who violate this provision "shall be deprived of its status as the people of the Taiwan Area and its rights."

In the new interpretation issued last Wednesday, the MAC said that "having [Chinese] household registrations" under the Cross-Strait Act should be understood to include holding Chinese ID cards and permanent residence certificates -- an intermediate identification document valid for a certain period that allows holders to apply for a Chinese ID card.

Given that the Chinese authorities use the concept of "permanent residency" as the basis for legal and administrative management, an individual who obtains a permanent residence certificate issued by China's public security authority is thus eligible to register for Chinese household registration, the council said

Such a move enables them to apply for a Chinese ID card, the same as the ones held by people of the Mainland Area, the MAC said.

The interpretation was issued to uphold the "principle of maintaining a single status for individuals across the Taiwan Strait" and to avoid "status confusion" that could disrupt cross-strait interactions and social order, the MAC said,

The council also noted that the interpretation is based on the "legislative intent, regulatory purpose, and contextual meaning" of the Cross-Strait Act.

By including permanent residence certificates, the new interpretation expands the previous scope, which covered Chinese household registrations, ID cards and passports.

However, holding a Chinese residence certificate does not violate the Cross-Strait Act and its interpretation as of Wednesday.

MAC head Chiu Chui-cheng (邱垂正) said in mid-February that the council was reviewing regulations and legal frameworks to strengthen oversight of Taiwanese citizens obtaining Chinese residence certificates, permanent residence certificates and ID cards, as the number of such cases continues to rise.

The potential amendments to the Cross-Strait Act, Chiu said at the time, would remind the public that applying for "various identification documents in China carries multiple risks."

Since February, the MAC, the Ministry of Civil Service, and the Directorate-General of Personnel Administration have instructed relevant government agencies to check whether active military personnel, civil servants, and public-school teachers hold any Chinese-issued documents.

In mid-March, President Lai Ching-te (賴清德) announced 17 major strategies in response to "five major national security and united front threats" facing Taiwan.

One of the strategies tasks the MAC and other agencies with inspecting identification documents that Taiwanese military personnel, civil servants, and public-school teachers may have applied for in China, as a way of preventing and deterring united front operations disguised as "integrated development," according to a news statement issued by the Presidential Office.