MOI sets out basis for revoking Chinese spouse's public official status

Taipei, Dec. 10 (CNA) The Ministry of the Interior (MOI) said Tuesday that it had retroactively nullified Chinese spouse and former Nantou County Councilor Shi Xueyan's (史雪燕) status as a public official earlier this month due to her failure to prove she had renounced her Chinese citizenship.

Shi, who was born in China, was sworn into Nantou County Council representing the Kuomintang (KMT) on Aug. 26, 2021 after winning a local by-election. She lost her re-election bid in November 2022 and left office the following month.

In a statement Tuesday, the MOI said that under Taiwan's Cross-Strait Act, Chinese nationals can be naturalized in Taiwan after annulling their Chinese household registration.

The ministry, which oversees the National Immigration Agency, explained that this makes it easier for them to assimilate into Taiwanese society, access social benefits and find employment.

Despite this, annulling one's Chinese household registration is not the same as renouncing People's Republic of China (PRC) citizenship, the ministry said, describing the two as "distinct legal concepts."

To hold public office in Taiwan, for instance, the Nationality Act requires that a person renounce any foreign citizenships they may hold, the ministry said.

In cases where a person with foreign citizenship is elected to public office, they are required to renounce it before being sworn in, and provide documentation of having done so within one year, the MOI said, citing a legal document it sent to elected institutions and local governments in 2009.

In the case of Shi, the Nantou County Council did not confirm her renunciation of PRC citizenship one year after she took office (on Aug. 26, 2022), as required by law, the ministry said.

After sending two letters to the Nantou County Council and confirming by telephone they had not received proof of Shi's citizenship renunciation, the MOI retroactively nullified Shi's status as a public official on Dec. 2, in accordance with the Nationality Act, the ministry said.

The ministry added that it "respects" Shi's stated intention to appeal the decision in administrative court.

If the MOI's decision stands, Shi would have to pay back her salary and other benefits from the year and roughly four months she spent as a city councilor.

The case also has implications for other Chinese spouses in Taiwanese politics, such as Taiwan People's Party member Li Zhenxiu (李貞秀), who could enter the Legislature in 2026 if the party abides by a pledged agreement to rotate its lawmakers.

At the same time, it is unclear whether China's government would help such individuals renounce their citizenship to serve as elected officials in Taiwan, given that it does not recognize the Republic of China (Taiwan) and claims sovereignty over the island.