Representative for foreigners

Legal Human Rights
1

What is the standard procedure for countries where there is a large permanent group of disenfranchised “foreign residents”? Do they get a token representative, commission member, or committee appointed to some how act as their voice in the government?

What about the generations of Koreans permanently in Japan, what do they get representation-wise?

I suppose that in Taiwan the only thing set aside for foreigners is the special police.

Now the news is “We welcome foreigners to come to Taiwan to invest in land”. But I am wondering, are any human rights guarantees thrown into the offer, or is it just a cash deal?

2

Good question. In comparative legal systems, the past Chinese aliens of the 1800s living under the Exclusion Act still had basic civil rights. It was not the full Bill of Rights but they had the 5th Amendment’s due process of “life, liberty, and property” and “equal protections” of the 14th Amendment. This meant really some special “equal protections” of the land ownership rights of all foreigners.

If ‘basic constitutional rights’ sounds slightly familiar, then it is because these exact same basic rights of Chinese aliens were equated with the territorial jurisdiction for unique places like Guantanamo Bay, “Cuba”.

In America, even those terrorist detainees have more basic rights than those aliens living under the ROC?!! How is that for comparative legal conditions?

3

I would be interested in a complete listing of what “basic rights” the foreigners in Taiwan are being denied.

I am aware of the difficulty of applying for citizenship, so you don’t have to place that on your list. (Indeed, if one becomes a citizen, he is no longer a foreigner, so it appears unnecessary to specifically deal with this.)

4

If my understanding is correct, there exists a distinction between a naturalised citizen who previously held another nationality and one who is born in Taiwan, so one is still literally a second class citizen.

5

Could you provide more details about what the differences are?

6

The Law of Nationality

http://www.immigration.gov.tw/scripts/docs/eng/1.htm

Note I have not seen the Chinese version which is obviously authoritative.

Paragraph 4 of Article 2 seems to draw a distinction between people who are naturalised and people who are born in Taiwan to Taiwanese parents. These people appear to be restricted by Article 10 from holding certain offices.

Without seeing the Chinese version I cannot be sure if this means anything and I am sure you are very familiar with the Chinese text. My apologies if this is a red herring.

7

Foreign lawyers are being discriminated by the cliquish Taiwan bar association. Taiwan’s Foreign Lawyers Law created an uncompromising new category of lawyer: the “Foreign Legal Matters Lawyer.” FLM lawyer is required to represent himself as a FLM Lawyer and not simply as a lawyer. He would not be permitted to establish under any name, more than two law offices in Taiwan. He is required to reside in Taiwan for more than 183 days per year. His authorization to practice is revocable at any time if the Ministry of Justice determines that he is in a “poor financial situation . . . such as to cause harm to those he or she represents.” And lastly, the FLM Lawyer is prohibted from employing, entering into partnership, or “cooperating” with a Taiwan-licensed lawyer to engage in the business of operating a law office. Violation of this rule is punishable by revocation of FLM Lawyer status and up to one year imprisonment and fine of up to NT$500,000.

Aside from these issues, the Law prohibit a FLM Laywer from serving as a litigator, an agent for compulsory execution and nolitigious affairs; a trustee or supervisor in bankruptcy; a representative in a juvenile proceeding; an agent in a proceeding for administrative relief; an agent for purposes of an affidavit; or an agent in an application for registration, cancellation, or amendment of real property, patent, trademark, copyright or any other rights before any Taiwanese administrative agency.
The restrictions go on and on… I got really fed up with it and so I took the local bar instead and luckily (and I swear… it’s pure luck…) I passed. But I feel sorry for my American friends who want to practice international trade law both in the US and in Taiwan.

8

Oh, by the way… To answer the original posting, I believe if you are an American, AIT would be your best representative.

9

[quote=“Hexuan”]The Law of Nationality

Paragraph 4 of Article 2 seems to draw a distinction between people who are naturalised and people who are born in Taiwan to Taiwanese parents. These people appear to be restricted by Article 10 from holding certain offices.[/quote]
But President Chen said that I could be president!

10
  1. Naturalized citizens are “second class” even in the USA. The naturalization powers and related issues even applies to those born in Puerto Rico as this birthplace is not under the jus soli of the 14th Amendment of the USA. There are “equal protections” under the same Amendment, too.

The Brazilian Constitution makes some distinctions for Presidents, but it also clearly expresses that naturalized citizens should not be discriminated against in favor of any natural born citizens under law.

  1. Basic rights of Aliens

Due process of “Life, liberty, and property”; equal protections

a. life–sentencing and judicial punishments, trial by jury, innocent until proven guilty, right to work,

b. liberty–right to travel, freedom of movement,
other basic liberties of free speech, religion, assembly, etc.

c. property–no encumberments of property without due process for alien owners, legal bars against any excessive restrictions on foreign ownership

d. equal protections–no racial descriminations in national or local laws, expressed or implied, based on any race or national origin. Gender laws in workplace?

British common law clearly describes alien rights of “denizens”, or permanent alien subjects of the Crown. This is really like ARC PR status.

  1. Enemy aliens vs. friendly aliens

Do PRC Chinese enjoy more ROC rights than American Chinese? Differentiaton of enemies and friends within due process and presumptions of or exceptions for Chinese spouses

  1. Permanent vs temporary aliens

immigrants vs. non-immigrant status

ARC PR–right of abode and work rights (liberty)
ownership of property, assets, etc

11

FLM attorneys are “privileged” to be working in the Taiwan legal field, if aliens. However, there is a potential WTO trade issue involved here, too. The monopolistic “exclusion” of foreign attorneys including local partnerships caught my eye. Even the ABA has been previously leery, and some scholars were deeply concerned, about the potential for foreign erection of trade barriers to the “export” of American lawyers.

To be fair, certain US states recognize admission to their bars based upon licensing in Common Law countries. Taiwan is not, but Hong Kong SAR is.
Both are also WTO members as “independent customs territories”.

Hong Kong does not purportedly impose excessive restrictions on “foreign solicitors”, but barristers are different. Foreign attorneys are technically below solicitors, but there are loopholes into the solicitor licensing system like “common law jurisdiction”.

12

Let’s see what happens with China’s accession to the WTO. I was a paralegal at Clifford Chance in Shanghai, and we were not supposed to advise on domestic law (!). We were watched very tightly by the MoJ and could only at that time have one office in China. It was very hard to bring new lawyers in, and those there had to have 3 year’s experience in their original jurisdiction - so how do you train someone new into the China practice ?

On the other hand, if a client, say wanted to do something not provided for in the law, we could have the relevant minister on the phone by lunchtime, making up the law as we all went along. Many firms have set up many different kinds of “information” / “consulting centres” giving under the counter legal advice. But they have all run into problems. The latest trend is to merge offshore (as CC did) with a firm that has an office in Shanghai to complement yours in Beijing, but keep the PRC entities separate.

No the PRC does not want foreign lawyers, but then neither do a lot of countries - Japan is a good example.

A UK practising certificate is not valid anymore in HK, but a HK one is still valid in the UK. UK lawyers now need to qualify in HK as well, but as they are likely to be advising on PRC law it doesn’t matter so much.

A UK lawyer can get a work permit in Taiwan OK, but he does not enjoy what they call in the UK “right of audience” in a Taiwanese court. So it is intended that he is limited to advising on the offshore aspect of any deal.

British Nationality:

The various anti-immigration Acts passed in Britain over the years have created many different levels of British citizenship, with various levels of privilege. You need only look at Hong Kong (esp the Indian population there - who were amongst the first British subjects to land there) pre-handover for an example.

The status I (having not been born in the UK) object most to is the “British Citizen by descent” rule which determines that my child, if born in Taiwan needs to rely on my naturalised PRC wife’s status as a British person “other than by descent” to automatically become a British citizen. Otherwise we must look to my Grandparents and so on.

In certain circumstances therefor in British nationality law it is better to be naturalised than be born in the UK (!)

13

Offshore aspects are most legally intriguing for WTO status and Taiwan issues which some foreign attorneys should specialize in.

As the tax-free US Virgin Islands corporations are about to become deemed WTO subsidies because of the EU, the use of Taiwan Relations Act and USVI corporation has some political insurance appeal for being “asset protection” of the Taiwan investments made “offshore” via Singapore or Hong Kong into China. A USVI corporation is able to file “human rights violations” of TRA claims in US court against the commercial activities of PRC state-owned enterprises in the plausible event of expropriation.

The Foreign Soveriegn Immunities Act has noted exceptions for “torture” and for any commercial activities. Any contraventions of USVI assets in China might be strong grounds for a maritime lien for the SOE imported goods on the COSCO ships in LA.

This could be marketed “offshore” by consultants offering political insurance contracts, or annual retainers which to be professionally underwritten by a “captive insurance company” of the USVI.

Depending upon regulatory issues, “reinsurance” is almost possible if I am correct in my business assessment.

Business as usual even after Taiwan invasion or expropriations? NOT!

14

Taipei Times: Taiwan Legislature has “DEJURE” US Congressional Representation

Waiguoren should say thank you to your FAPA lobbists in DC.

15

[quote=“jidanni”]What is the standard procedure for countries where there is a large permanent group of disenfranchised “foreign residents”? Do they get a token representative, commission member, or committee appointed to some how act as their voice in the government? . . . . . . . .

I suppose that in Taiwan the only thing set aside for foreigners is the special police.

Now the news is “We welcome foreigners to come to Taiwan to invest in land”. But I am wondering, are any human rights guarantees thrown into the offer, or is it just a cash deal?[/quote]
It depends on what sort of human rights you are looking for I guess. Are you here on an investment visa?

16

Which foreigners do you mean? Grouped by nationality, there are a handful of embassies and a bunch more “trade offices.” Grouped by occupational sector, there are several “Chambers of Commerce” for the capitalists, and I believe the proles are represented by a government appointee through the national labor unions. This seems to represent about the extent to which the Taiwan government is interested in our opinions.

17

If anything I find the fact that there IS a special police force to deal only with foreigners reprenhensible. Immigration matters + residency should be dealt with by the immigration bureau and foreigners should be able to go to the everyday police for any crime problems that they encounter during their stay here.

Are there any other countries in the world that have special police forces specifically to control foreigners?

18

Special police for foreigners … I think Greece, Spain and Italy have special local police units to deal with tourists

19

I hadn’t thought about this way before. It almost appears as though Filipino workers are better represented than low level Whities who work as English teachers.

20

One concern I have is what are we calling human rights? Are they the inalienable rights Americans claim to respect (well at least until Homeland Security came about), or are they something else? Obtaining a passport, driver’s license, or visa are not rights…they are privileges, just like holding office, practicing law or doing business…these are not rights either.
As for representation, I think we would be better off if a citizen was our voice instead of a foreigner if we are talking about living and working in Taiwan; if we are talking about tourism and such then naturally our respective ‘trade offices’ should be doing their job.