Source: Broadcasting Corporation (BBC) Chinese website
Author: Li Chengxin
The Taiwan Immigration Department issued the "Hong Kong and Macao residents who must not engage in activities" on the first working day in 2023. It is forbidden to include "parade" and "receiving media invitation".Some legal scholars have questioned the relevant provisions that "intimidation means greater than the legal basis."The reporter found that the document was now removed from the shelves that night.
The relevant documents were published on the morning of January 3 on the announcement column of "Hong Kong and Macau residents to stay online to apply for entry and exit permits" on the website of the Immigration Department, which lists the activities that nine Hong Kong and Macao residents must not engage in:
- Do not participate in electoral activity or assistance activities, such as coming to the stage and marching in the car.
- Do not participate in political public activities, such as: parade, fighting, speeches, and distribution of leaflets.
- Do not enter the military defense area.
- No entry into national laboratories, biotechnology, research and development, or other important units.
- No military bases, fortress bastion peeping, taking pictures or photography.
- Do not engage in acts that violate social kindness and customs or endangers social order, such as prostitution, buying spring, gambling, buying and selling drugs.
- You must not be permitted to work, such as: short -term contract workers and models.
- Do not accept the invitation of the media, on the TV (broadcast) program to express opinions, such as: call in program.
- Do not violate other laws and regulations, such as: Criminal Law, National Security Law, National Secret Protection Law, reverse osmosis law, social order maintenance law, and political gold donation law.
The announcement does not stimulate the legal basis, punishment, and "Hong Kong and Macao residents" definition. It is unknown to be limited to immigrants who "stay" in Taiwan, or Hong Kong and Macao people who hold residence status in Taiwan.
The website of the Immigration Department announced on the morning of January 3, and the attachment has been removed.
BBC Chinese inquired with the Immigration Department and the MAC at noon, and the reporter found that the document had disappeared on the website in the evening.The MAC responded in the evening that Hong Kong and Macao residents must abide by Taiwan's laws and regulations. "It is understood that the Immigration Department of the Ministry of the Interior has removed the announcement page.Still in discussion. "
The person in charge of an immigration company who is unwilling to be named revealed that a similar list has been seen before, but it is for tourists from the mainland. "This time it seems to mean that Hong Kong and Macau people are used as mainlanders.) Hong Kong people will not have a good life. "
He said that if the relevant restrictions are also applicable to Hong Kong and Macau people who "residence", many people will lose the right to the freedom of assembly and accept the media interview, and urge the officials to clarify as soon as possible.
"Alertness" is even greater?
Liao Yuanhao, an associate professor of the Department of Law of the National University of Political Science, who specializes in immigration law, told BBC in Chinese that the content related to military -related content in the document, even if the Taiwanese "can not do it without permission", and Article 6 of the violation of customs that violate customs customsThe content is "it was illegal, and it was the same."
But he pointed out that Article 1, 2, and 8 are legally possible to do it, involving the freedom of assembly and speech, and the scope of the interpretation of speeches and interviews is very large.Interview.
According to the laws of the Republic of China, Article 14 of the Regulations of the Hong Kong Macau Relations (referred to as the Hong Kong and Macau Regulations) stipulates that the parties can be forced to exit or even instant timePosted.
Article 29 of the Entry and Outbound and Immigration Law stipulates that "Foreigners shall not be engaged in activities or work that do not meet the cause of permits during the stay and residence in Taiwan. HoweverThis is not limited. "If it violates the regulations, the Immigration Department can be forcibly expelled from the country in accordance with regulations.
Liao Yuanhao pointed out that in principle, Hong Kong and Macau people are managed by the Hong Kong and Macau regulations, and foreigners return to the management of abroad and immigration laws. The latter provisions are stricter and specific, which can be supplemented."But the law of entering and leaving and immigration also guarantees the right of legal rally parades. Besides, there is no such regulation from the beginning to the end of the Hong Kong and Macau regulations. How can you say that people cannot participate in the rally parade.
He questioned the legal basis of the announcement, describing "no legal effect but intimidating effect"."You put the invitation of the parade and the media, and put it with the things of prostitution and military, as if expressing opinions are as terrible as endangering national security." This may cause the cold effect of living in Hong Kong and Macao people in Taiwan.Speed visa or residence certificate.
Do people from Hong Kong and Macau have the right to participate in political activities in Taiwan?
Zhang Wuyue, director of the Research Center of the Cross -Strait Research Center of Tamkang University, holds the opposite opinion. He told BBC in Chinese that Hong Kong and Macao people can not engage in activities that do not match the license purpose in the country.Basic human rights are "completely two different things."
"The Constitution guarantees the human rights and freedoms owned by the people to the people of the Republic of China, but whether Hong Kong and Macao people stay or stay, they are not the people of the Republic of China."
Jiang Yanyan, a civic group worker who has long assisted in Taiwan and Hong Kong people, also said that the restrictions on "residence" people in the country are not new rules and do not feel surprised, but if Hong Kong and Macao people who live in "residence" can not be rally and suffered.The visit is "indeed a bit problem". "Some (in Taiwan) Hong Kong people are initiatives, and interviews with reporters and marching are part of their work."
He emphasized that as a democratic and open society, the government should not over -restrict free speech."It mainly depends on the motivation of the government. Today, if some Hong Kong people stay in Taiwan, they are interviewed by reporters and talked about criticizing the government's voice. If the government deliberately difficulties, there is actually a problem. Because even if there is this inbound regulation, the government still needs to be in the government.It will affect the democratic society to measure this administrative method. "
In the past dispute
Hong Kong people's participation in political activities in Taiwan have caused controversy in Taiwan.During the demonstration of the Hong Kong anti -repair example in 2019, Hong Kong singer He Yunshi entered Taiwan with Canadian passports and tourism reasons. When he participated in the Hong Kong event, it was splashed with paint and caused a storm.Essence
The Immigration Department responded at the time that in accordance with the "two conventions", the right to peaceful assembly should be confirmed that the right of people's peaceful rally parade must not be restricted.
The two conventions refer to the International Convention on the International Convention on Citizens and Political Rights and the International Convention on Economic and Social and Cultural Rights. The United Nations decided to implement the World Human Rights Declaration in 1966.
