as “the nationality of an individual is determined by laws of a State recognized by
Japan.”34 Since the ICRRA was amended in 1998, passports issued by the Taiwanese
authorities are considered as “passports” under the ICRRA, and the “country of
nationality or region” of a person in possession of a passport issued by the Taiwanese
authorities is understood as “Taiwan”.35 Nevertheless, in practice, it has been reported
that persons who had a “nationality permit” issued by internal Taiwanese authorities prior
to the establishment of diplomatic relations between Japan and China used to be allowed
to change their “nationality” shown on their (former) alien registration certificates from
“China” to “stateless” as persons who had lost their Chinese nationality. 36 Thus, the
treatment of the nationality of persons from Taiwan has complex aspects.37
On this issue, the Japanese government denies the necessity of unifying the criteria
for the determination of statelessness. In other words, the government indicates its
understanding that, because the procedure relating to the entry and residence of foreign
nationals, on the one hand, and the procedure of acquisition of Japanese nationality
under the Nationality Act, on the other, have the differing objectives of immigration
control and the acquisition of Japanese nationality, respectively, they are different in
nature. Thus, the criteria for the determination of statelessness could be different in each
procedure, and it is not necessary to establish unified criteria for determinations of
statelessness.38
34
Koseki Jihou No. 741 (2016), pp.78-79; Koseki Jihou No. 579 (2005), pp.57-58. The staff of the Civil
Affairs First Division, Civil Affairs Bureau, Ministry of Justice, provides commentary on nationality
matters.
35 This is because Taiwan has been designated as a “region as provided for by Cabinet Order” in ICRRA’s
Article 2(v)(b).
36 Masako Aizawa, “736 Gaikokujin Touroku Shoumeishoni ‘Mukokuseki’ to Kisaisareteiru Baaino
Kokusekino Ninteinitsuite [736, Nationality Determination When ‘Stateless’ is Indicated on the Alien
Registration Certificate]”, Koseki No. 772 (2005), pp.47-48.
37 Practitioners in the administration explain that those who had obtained a certificate for loss of
nationality issued by the Government of Taiwan prior to the normalization of diplomatic relations
between Japan and China used to be treated as stateless. However, since 29 September 1972, the
certificates for loss of nationality issued by the Taiwanese authorities have no validity as documentary
proof regarding nationality; therefore, such persons should be recognized as still having Chinese
nationality. Ministry of Justice, Civil Affairs Bureau, Fifth Division, Kokuseki Jitsumu Kenkyuukai [Study
Group on Nationality Practice], Kokuseki, Kika no Jitsumusoudan [Practical Consultation on Nationality
and Naturalization] (Nihon Kajo Shuppan, 1993), p.178. It was indeed during this time of confusion when
the diplomatic relations between Japan and Taiwan was severed as a result of the normalization of
diplomatic relations between Japan and China, that Chen Tien Shi, the author of Mukokuseki [Stateless]
and her family obtained Taiwanese certificates for loss of nationality and the nationality column on her
alien registration certificate in Japan was reportedly changed to “stateless”. Chen, supra note 15,
Mukokuseki, pp.35-39.
38
Fukushima Mizuho Sangiin Gin “Mukokuseki Mondainikansuru Shitsumon Shuisho” Nitaisuru 2014
(Heisei 26) Nen 6 Gatsu 20 Nichiduke Seifu Toubensho (Naikaku San Shitsu 186 Dai 127 Gou) [The
Government Response on 20 June 2014 to the “Memorandum on Questions in the Diet concerning
Statelessness Issues” Submitted by Mizuho Fukushima, Member of the House of Councillors (No.186-
29