New legal actions


#1

Some research which I have been doing over the past few years involves how to introduce Anglo-American legal concepts into the Taiwanese (Continental, i.e. German) legal system.

One problem that frequently came up in the past was trying to get an ROC Court to order a government administrative agency to undertake some particular course of action which it was reluctant to do. This would be similar to a writ of mandamus.

According to my reading of the new Administrative Court Law, promulgated July 1, 2000, this should now be possible. To try this out I filed an application (in my wife’s name) to have our American passport holding son listed in the remarks column of my wife’s Household Registration transcript. There is no precedent for such a listing in the ROC.

The local Household Registration people here where we lived said that that was not possible. The MOI also wrote us a letter saying it was not possible. I then filed suit against the NeiHu District Household Registration Office (NHDHRO) in the Taipei High Administrative Court.

Today, October 3rd, was our first hearing. The judge felt that it was an interesting case, and that my request was reasonable. I stated that we needed our son’s information on my wife’s Household Registration transcript in connection with his school registration procedures, to prove the relationship between parents (especially the ROC mother) and the child. The school authorities always ask for that every year.

As a result of our hearing today, the judge has ordered the (NHDHRO) to go back and actively investigate with the MOI about a way to come up with a solution to this issue which will satisfy Mr. & Mrs. Richard Hartzell.

So, so far so good. This could be the beginning of an interesting series of legal actions. The possibilities are numerous.


#2

A hallmark of true judicial independence. 8)


#3

Richard
What are the benefits and implications of getting your son’s American passport noted on your Household registration?

In my case, would it be advisable (or necessary) to try to get my son’s UK passport noted on the Household registration? BTW, he doesn’t have a UK passport yet, but he will as soon as I pull my finger out and do the paperwork.

He is already mentioned under his Chinese name. He was born here (is 2yrs old) and his mother is Taiwanese.


#4

That’s Richard -1
Taiwan Legal system - 999
Keep at it Richard, you have my support if needed.


#5

How about making MOI sort out the abrogation of Treaty of Taipei? Certain Household Registers prior to 1952 might be incorrectly subjected to the ROC Nationality Laws. This treaty issue is very closely related to a political status of children born in the Taiwan Area under a principle of jus sanguinis. How was your son denied registry in the Taiwan Household Registers? Probably on the international law basis of jus sanguinis as their reason any margin notation was impossible. So we have comparative precedents of jus sanguinis and ROC Nationality Law.

In the American context, his citizen father transmits his US citizenship by jus sanguinis. Mothers are similiar but with a stronger maternal bias in US laws. In the Taiwan context, are they denying maternal descent under paternalistic bias?

Any jus soli (birth in Taiwan Area) precedents? International law has only two recognized principles for nationality and the principles can be modified unless it violates international law.
In short, there are protections against losing nationality for children and jus sanguinis has certain legal implications for Loss of any political status under the Household Registry System.

taiwandocuments.org/taipei01.htm

[quote]Article 10

For the purposes of the present Treaty, nationals of the Republic of China shall be deemed to include all the inhabitants and former inhabitants of Taiwan (Formosa) and Penghu (the Pescadores) and their descendents who are of the Chinese nationality in accordance with the laws and regulations which have been or may hereafter be enforced by the Republic of China in Taiwan (Formosa) and Penghu (the Pescadores); and juridical persons of the Republic of China shall be deemed to include all those registered under the laws and regulations which have been or may hereafter be enforced by the Republic of China in Taiwan (Formosa) and Penghu (the Pescadores).[/quote]