The Executive Yuan on May 31 approved draft amendments to two laws in a move to safeguard the rights of mainland Chinese, Hong Kong and Macau citizens faced with legal problems in Taiwan.
Proposed by the Mainland Affairs Council (MAC), the amendments to the Act Governing Relations between the People of the Taiwan Area and the Mainland Area as well as the Act Governing Relations with Hong Kong and Macau are intended to improve the detention, deportation and overstay penalty mechanisms currently in use, as well as to bring Taiwan's practices in line with international standards on human rights. The revisions will be sent to the Legislative Yuan for approval.
According to the MAC, the latest amendments will provide stronger guarantees of proper judicial process to mainland Chinese, Hong Kong and Macau citizens, and were proposed following recent revisions to Articles 36 and 38 of the Immigration Act. Under those revisions, which were promulgated last November 23 and came into force December 9, a review committee meeting must be convened before an alien is deported; authorities must provide a legal basis for detaining an alien; the length of detention must not exceed a prescribed number of days; and detention orders may be lifted under certain conditions.
The proposed changes to the Act Governing Relations between the People of the Taiwan Area and the Mainland Area are as follows:
1.Article 18 – Revise provisions pertaining to: the legal basis for deporting a mainland Chinese citizen; a review committee meeting by the National Immigration Agency before deporting mainland Chinese citizen; and the conditions for detaining a mainland Chinese citizen. Repeal provisions requiring the detainee to serve physical labor. Add provisions pertaining to extending or lifting the detention; and providing the detainee with the right to file grievance regarding the conditions and procedures of his or her detention.
2.Article 18-1, Article 87-1 – Add provisions to allow authorities to issue administrative fines on mainland Chinese citizens who overstay their period of stay or residence. If the period of overstay has not exceeded 30 days and the grounds for residency application are still valid, the individual may reapply for residency after paying the penalty, and will not face deportation.
Proposed amendments to the Act Governing Relations with Hong Kong and Macau include:
1.Article 14 – Revise provisions pertaining to: the legal basis for deporting a Hong Kong or Macau citizen; a review committee meeting by the National Immigration Agency before deporting a Hong Kong or Macau citizen; and the conditions for detaining a Hong Kong or Macau citizen. Repeal provisions requiring the detainee to serve physical labor. Add provisions pertaining to extending and lifting the detention; facilitating correspondence between the detainee and the Hong Kong or Macau representative office in Taiwan; and providing the detainee with the right to file grievance regarding the conditions and procedures of his or her detention.
2.Article 14-1, Article 47-1 – Add provisions to allow authorities to issue administrative fines on Hong Kong or Macau citizens who overstay their period of stay or residence. If the period of overstay has not exceeded 30 days and the grounds for residency application are still valid, the individual may reapply for residency after paying the penalty, and will not face deportation.