Immigration Act of the ROC enacted in 2003156 differentiates nationals between those
who reside in the Taiwan Area and have their permanent residence registered at a
household registry on one hand, and those who reside overseas and have the nationality
of the ROC on the other. Nationals without registered permanent residence shall be
denied or banned from entering Taiwan if they have been suspected to be involved in
major crimes (Article 7 (4) of the Immigration Act). They also need permission to enter
Taiwan.
Banned from entering Taiwan, deportable ROC nationals might fall into the state of de
facto statelessness without a country to receive them. In an interview with a Taiwanese
official, I was informed that very few Taiwanese in Japan are now nationals without
registered permanent residence157.
While those from Taiwan who lost their Japanese nationality when the San Francisco
Peace Treaty came into effect now hold special permanent resident status, many
Taiwanese have general permanent resident status. Since the Japanese government has
included people from the PRC and the ROC together as Chinese in the official statistics
on alien registration, one may not identify the precise figure of Taiwanese residents who
have special/general permanent status.
156
http://law.moj.gov.tw/Eng/Fnews/FnewsContent.asp?msgid=351&msgType=en&keyword=nationality+
157
An interview conducted with Mr. Kogen Rin of Yokohama Branch of Taipei Economic and Cultural
Office in Japan on June 5, 2009. Prof. Chen introduces in her book (supra note 4) a real story in which
she herself was rejected by her own country Taiwan for lack of registered permanent residence. A
distinction thus drawn between nationals with and without registered permanent residence is “justified on
the grounds that Taiwan has a limited land area which cannot accommodate all the Chinese nationals
residing overseas who wish to make a permanent home in Taiwan”. According to Lee, “[t]his is a
complete reversal of the policy prior to 1949, when the Republic of China welcomed and facilitated the
entry of their nationals residing overseas, but at that time the Republic of China Government held
territory on the mainland now governed by the People’s Republic of China”. Lee, supra note 14, p.217.
For an international legal analysis of the restriction on the entry of some nationals to Taiwan, see id.,
pp.217-220.
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