When Lien Chan and James Soong were leading far ahead of President Chen Shui-bian and Vice President Annette Lu in popularity polls in 2003, a number of Taiwan Solidarity Union lawmakers proposed an amendment to the Presidential and Vice Presidential Election and Recall Law of 1995 to ban non-native born citizens from running for the nation’s two top offices.Both born in China, Lien and Soong were all but certain to beat their Taiwanese-born rivals running for reelection.The proposal was rejected, however.
Now, Ma Ying-jeou is far ahead of any presidential hopeful in popularity; and there is a move again to disqualify him as a candidate for 2008.Ma was born in Hong Kong in 1950.He stepped down as chairman of the Kuomintang on February 13 after he had been indicted for corruption in connection with the misuse of his expense account while he was the mayor of Taipei; but public opinion surveys conducted after his indictment showed his popularity rising rather than falling.Democratic Progressive Party legislators are trying to amend the 1995 law, which was revised in 2005, with no change made to the qualifications of candidates.
One qualification, as stipulated in Article 20 of the law, is a residence requirement of 15 years or more in Taiwan for eligible “voters” who are over 40 years of age and live in the “free area” of the Republic of China for at least six months consecutively.However, the article disqualifies those who have their Republic of China nationality restored or who are naturalized or those people who have come from the “mainland (of China)” area including Hong Kong and Macao to the Taiwan area to reside with due permission given.”
Proponents now want to add a non-Taiwanese-born clause to the article. Failing that, they will try to read their interpretation into the status of eligible “voters” who may run.Ma may not have his birth duly registered as a son of a Republic of China national in the then British crown colony.If so, he may be considered one of those who either have their Republic of China nationality restored or have come from Hong Kong and Macao for residence in Taiwan.In either case, Ma may have to be disqualified.
But the disqualification rules are unconstitutional.The Constitution has only one article on the qualification of candidates for president and vice president.Its Article 45 reads: “Any citizen of the Republic of China who has attained the age of 40years may be elected President or Vice President.”The following article stipulates that the election of the president and the vice president shall be prescribed by law.Hence the 1955 law.However, any of its stipulations is unconstitutional if it runs counter to Article 45.In other words, those “voters” who have their nationality restored or are naturalized or have come from the “mainland” area may be elected president or vice president.
（本文刊載於96.03.26 中國時報第A13版，本文代表作者個人意見）
楊朝祥
(
2018年4月24日 08:19
)
王順民
(
11月22日 15:22
)
劉新圓
(
2007年10月4日 15:04
)
