[ROC Passport] definition of "territory of the ROC"

g’day all,

does anyone know if i can claim a roc passport (overseas)? i heard that overseas chinese from the mainland that have been living overseas can claim a roc passport. correct me if i’m wrong. me details are as follows:

i was born in china (mainland), went to australian when i was 2, now hold an australian passport. both of my parents are born in china (mainland) and they too held australian passport.

also, i was looking at the nationality law of roc, i was a bit confused with the definition of “territory of the Republic of China”? does this mean taiwan or taiwan+mainland china? (from sec2 nationality law)

can anyone help me with this?

cheers,

Ask Hartzell :wink: Everyone says that don’t they. :smile:

What would you want one for ? Do you want to do military service ? It won’t allow you to work you know. Your Aussie passport would be just as useful. Where are you ?

Yes, you can. You must have lived in a free country for 5 years before moving to Taiwan if you were born in China. But as many remind you, once you become an ROC national military service rules do apply if your male.

I believe the original poster’s question was about the correct definition of the “territory of the ROC” …

Does anyone have a good answer to that question? Has the ruling party decided if the national boundaries include Mainland China?

The constitution is rather clear on this issue.

It includes not just the mainland, but mongolia as well.

…but ammendments to the constitution explain that the ROC governs the territories of Taiwan, Peng hu, Jinmen and Matsu.

Well the constitution defines the territories of the ROC as a larger area than it officially governs. It is pro-unification delusional reasons like this that the constitution needs a re-write at the very least.

Mark

When the Republic of China was founded in 1912, Taiwan was part of Japan.

Article 4 of the Constitution of the Republic of China states that: “The territory of the Republic of China within its existing national boundaries shall not be altered except by a resolution of the National Assembly.”

However, there is no relevant Resolution of the National Assembly on record to justify the alleged “incorporation” of Taiwan into ROC territory.

[quote]When the Republic of China was founded in 1912, Taiwan was part of Japan.

Article 4 of the Constitution of the Republic of China states that: “The territory of the Republic of China within its existing national boundaries shall not be altered except by a resolution of the National Assembly.”

However, there is no relevant Resolution of the National Assembly on record to justify the alleged “incorporation” of Taiwan into ROC territory.[/quote]

Duh! The Constitution was promulgated in 1947. Taiwan was administered by the ROC at the time.

Are all the arguments of the ‘Taiwan is part of the USA’ brigade this weak?

Brian

Republic of China = Taiwan
People’s Republic of China = China

this is the secret that the Chinese are hiding from the world
THERE ARE TWO CHINAs!

[quote=“nivek”]g’day all,

does anyone know if i can claim a roc passport (overseas)? i heard that overseas Chinese from the mainland that have been living overseas can claim a roc passport. correct me if I’m wrong. me details are as follows:

I was born in china (mainland), went to australian when I was 2, now hold an australian passport. both of my parents are born in china (mainland) and they too held australian passport.

can anyone help me with this?

cheers,[/quote]
I’m in a similar situation, but the only information I could find online was at tecoboston.org/passport_eng.html

Unfortunately, the only IDs I have are US passports which state that the place of birth was China, which probably does not count as “Mainland Area ID”.

Also, the information about overseas passports is missing from the passport page on tecoboston.org may be out of date.

taiwanembassy.org/ZA/ct.asp? … 135&mp=402

Do you have a legal reference for this??

The following was what I found:

[color=#404040]Office/Agency:[/color] D.C. Circuit Court
title: Rogers v. Sheng, (D.C. Circuit, 1960):
date: 1960
subject: Status of Formosa
item: The court described the status of Formosa as follows: "Following World War II, Japan surrendered all claims of sovereignty over Formosa. But in the view of our State Department, no agreement has ‘purported to transfer the sovereignty of Formosa to (the Republic of) China’… "
(source: D.C. Circuit Court records)

Do you have a legal reference for this??

The following was what I found:

[color=#404040]Office/Agency:[/color] D.C. Circuit Court
title: Rogers v. Sheng, (D.C. Circuit, 1960):
date: 1960
subject: Status of Formosa
item: The court described the status of Formosa as follows: "Following World War II, Japan surrendered all claims of sovereignty over Formosa. But in the view of our State Department, no agreement has ‘purported to transfer the sovereignty of Formosa to (the Republic of) China’… "
(source: D.C. Circuit Court records)[/quote]

Sheng and Lin Fu Mei lost on appeal and ended up being deported to Formosa.

cases.justia.com/us-court-of-app … 63/263574/