As the Legislative Yuan prepares to swear in new legislators, a political and legal controversy has arisen after Taiwan People’s Party (TPP) legislator-elect Li Zhenxiu failed to complete the legally required procedure to renounce Chinese (mainland) nationality within the statutory time limit. The Ministry of the Interior (MOI) stressed that the relevant rules are clearly set out in Taiwan’s Nationality Act, not an administrative “SOP.” If proof of renunciation of another nationality is not submitted within one year as required by law, the Legislative Yuan should remove the individual from office.
TPP legislator-elect Li Zhenxiu, who has a Chinese national spouse, is scheduled to take office on Feb. 3, but has not yet renounced Chinese nationality nor submitted any application. Former TPP chairman Ko Wen-je said the Mainland Affairs Council (MAC) and the MOI should clearly explain the SOP: when a Chinese spouse comes to Taiwan and receives an ID card after ten years, can they enter politics? In response, Interior Minister Liu Shyh-fang said on Jan. 29 that the law is the law, not an SOP.
The MOI stated that Li should complete the loss of Chinese nationality before taking office and submit proof of renunciation of another nationality to the Legislative Yuan within one year; if no such proof is provided, the Legislative Yuan should remove the legislator from office.
Liu Shyh-fang: The law is the law, not an ‘SOP’
After an MOI administrative meeting on the 29th, Liu said in a press briefing that Article 20 of the Nationality Act, which the MOI oversees, is very clear: proof of renunciation must be presented before assuming office, and the MOI allows a one-year period to complete the renunciation process. She emphasized again that this is the law, not an SOP.
Under Article 20 of the Nationality Act, individuals who hold both ROC nationality and a foreign nationality (including mainland China) and intend to assume public office subject to nationality restrictions must submit proof of loss of the foreign nationality before taking office. While there is a one-year grace period after inauguration to complete the entire renunciation process, a formal certificate must ultimately be submitted. Failure to complete the process within the deadline means the individual does not meet the qualifications for office and may lose their legislative seat.
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Liu noted that the PRC’s official websites already provide a “Certificate of Renunciation of PRC Nationality,” meaning applications to begin the renunciation process are possible. She added that the Nationality Act applies to all public officials with other foreign nationalities, citing former legislator Lee Ching-an, who lost her seat due to dual nationality in violation of the Act.
Liu said that renouncing nationalities other than that of the Republic of China is meant to demonstrate allegiance to the ROC sovereign government, as dual nationality raises concerns about loyalty and allegiance to the ROC government.
MAC: No application documents for renunciation seen
MAC Deputy Minister Liang Wen-chieh said on the 29th that under China’s Nationality Act, renunciation requires applying to the exit-entry administration of the public security bureau at one’s place of household registration in China, or, if abroad, to PRC embassies or consulates.
Liang stressed that applications cannot be merely verbal; written application documents must be submitted, and Taiwan authorities must see evidence that the individual has applied to renounce nationality. At present, the government has not received or seen any such application documents from Li Zhenxiu. Regulations require an application before taking office, but none has been filed so far, leaving uncertainty about how the inauguration will be handled.
The controversy has sparked debate across political circles, touching not only on an individual legislator’s eligibility but also prompting broader scrutiny of dual nationality, qualifications for public office, and the transparency of legal procedures. As the new legislative session begins, whether this issue will further affect parliamentary dynamics and party maneuvering remains to be seen.
