The ROC National Immigration Agency wasn’t taking any chances on whether the applicant for Taiwan residency, who says that his job in Hong Kong overseeing public housing construction is unrelated to “political organizations,” is a spy for China.
The immigration agency pointed out to the court that the applicant, unnamed in a Hong Kong Free Press report, “had signed an oath of allegiance to the Hong Kong government, referring to a rule introduced after the enactment of the Beijing-imposed national security law that all civil servants must make the declaration. The agency said it had asked the applicant to quit his job in the city’s civil service, but that he had not done so” (August 23, 2024).
Granting him residency in Taiwan would be akin to having somebody carry out the Hong Kong government’s tasks abroad, the agency said, adding there was concern the self-ruled island’s national sovereignty and safety could be harmed.
According to the judgement, the applicant had hoped to attain residency so he could spend his weekends in Taiwan and return to Hong Kong during the weekdays so that he could continue working.
The Taiwan court ruled in favour of the immigration department, saying that there were grounds for believing that the applicant could endanger Taiwan’s interests and public order.
As a Hong Kong civil servant, the applicant would have to support the Chinese Communist Party’s acts, the judge wrote. China’s military has repeatedly made incursions into the Taiwan Strait and fired missiles, posing a threat to the island, the judge said.
The concern of agency and judge is justified by the circumstances. There’s no suggestion of any evidence that the applicant has a mission to spy for China. But the court’s decision seem correct in light of the fact that the applicant refused to quit his job with the Hong Kong (Chinese) government and the fact that Taiwan is under constant threat from China. Also, China does of course have a history of spying on Taiwan.
Nevertheless, the court leaves open the possibility that the applicant “could still come to Taiwan via entry-exit permits as a Hong Kong resident, and apply for residency after fulfilling the relevant requirements, including settling in Taiwan for a period of at least a year.” If he’s an innocent man, then, and really does want to permanently spend more time with his partner in Taiwan, he may want to reconsider quitting the job in Hong Kong.
