I have decided to assemble a WISHLIST of what legal rights the members of the forumosa.com community are most desirable of seeing in Taiwan.
This is a serious endeavor, and I will probably compile all this data into a separate webpage, and post it somewhere on the internet.
I will start the listing with the following five items.
Recognition that both local persons and foreigners have rights under the Constitution …
The establishment of a “Coordination Bureau” or similar agency at the highest government level, in order to effectively coordinate complaints between members of the public and government agencies, with special attention being paid to the speedy resolution of “differing interpretations” of laws and regulations by different government agencies …
The establishment of a government department, or departments, in charge of taking and officiating OATHS, in order to deal with various and sundry problems which arise in regard to documentary requirements at all government levels …
Nearly automatic “permanent residency rights” and elimination of all work restrictions on white collar foreigners who have accumulated five years or more of residency, (with 183 days per year of physical presence) …
Taiwan’s early inclusion into membership in the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, (concluded Oct. 5, 1961), and other Hague Conventions on Private International Law … (Reference: travel.state.gov/law/info/judici … _2545.html )
I want the return of the Act Creating a United States Court for China so that I can be judged by my fellow Americans. (see paper for details). The judge could ride circuit between cities just like in the old days in China before the godless Commies took over. Plus having a U.S. Federal District Court and Court of Appeals in Taipei would give the locals that drug they so crave—international recognition. So, good for us Americanos and good for the Chinos.
Right to have an ATM card with full capabilities (i.e., foreign withdrawals) regardless of ARC status. I’m sick of earning money legally in Taiwan – and paying taxes on it in Taiwan with no hope of recovering that tax money – and being unable to get my own money out without considerable effort.
This, BTW, is in some order by the Central Bank, based on what the Bank of Taiwan told me (after making a few phone calls).
Permanent residency for spouses of citizens. You can make it contingent for the first two years like the US does to prevent abuses.
Permanent residents (and spouses of citizens if above is not implemented) are not considered ‘foreign investors’ in The Company Act and the Statute for Foreign Investment, except for the restrictions on investments affecting national security. Currently any foreigner cannot start a company without filing a lot of forms applying to foreign investment approval and initial capital must be remitted from overseas. While the former is just a hassle, the latter makes it impossible for a long term resident to use his local savings to establish a business. This leads to many foreigners establishing businesses in a local partner’s name, or running an unlicensed business, both of which are risky.
Requiring the National Credit Bureau to implement clear and consistent regulations on credit reports for foreigners and communicate these to banks, lendors and service providers. Currently it is unclear whether or not foreigner’s credit usage is reported or whether reports can be accessed on foreigners, which is part of the reason it’s hard for foreigners to get credit cards and services without a local guarantor and inconsistent policies on banking services for foreigners.
Employers can not unilaterally revoke an employee work permit (and have the worker deported) without showing cause which should be restricted to serious, provable violations which have been approved by a competent authority. Currently employers can get rid of troublesome employees with minimal hassle, leading to abusive situations for foreign blue collar workers.
Eliminate any broker’s fees for foreign laborers. Any fees required must be paid by the employer and cannot be considered as part of the employee compensation or otherwise deducted from the employer’s earnings. Employers cannot deduct any fees of their own, or substitute any form of non-monetary compensation for the worker’s salary. In other words, workers must be able to receive, keep and return home with 100% of the payment specified in the contract. Currently even foreign laborers making ‘minimum wage’ will see as much as half their earnings disappear each month as payment toward ‘broker fees’. Some manufacturing companies provide part of the compensation in company scrip which can only be used to purchase items in a company store. If employment is terminated before the end of the contract the worker will actually lose money. This is nothing more than a modern form of indentured servitude.
Given the previous two points, workers who have been fired prior to end of their contract/work permit duration or who have alleged abusive or illegal practices by employers must be allowed to stay and work in an alternate job until their original work permit expires or a competent authority has ruled that the worker has committed serious and provable violations.
That there be a formal appeal process for foreigners being deported prior to their deportation.
*Some kind of law to the effect that discrimination against foreigners would only be allowed if a compelling public interest were demonstrated. This ought to cover a large swathe of problems (e.g. credit cards, phones, etc.)
*Some sort of legal recognition that regardless of the “purpose of stay” listed on our visas, foreigners are allowed to engage in other (legal) activities as well. You can’t reduce a human being to a single assigned “purpose.”
*Liberalized permanent residency rules, especially the elimination of the requirement that one remain in Taiwan half the year, every year.
*Liberalized naturalization rules, especially by allowing dual citizenship.
*Due process for deportees.
*Elimination of vague “morals” clauses. (Didn’t they deport some black DJ for having VD?)
*This doesn’t effect me so much, but I bet the foreign laborers would love it if they could somehow avoid having to apply through an agent.
*What’s the legal term–is it habeas corpus? The one that says the defense attorney must be shown all the evidence against his client?
*I would like to see an end to the Ministry of Education’s power to recognize degrees, for the purpose of determining who can or can’t be hired for a job. (Even though I personally benefit from the restriction against competition.)
*This is more of a philosophical than a legal observation, but: I would like to see an end to the privileging of “Chinese” cultural norms. In other words, the prevalence of Chinese culture here ought to be akin to that of Western culture or Christianity in the United States–a social fact, not a source of regulation.
Making working for a company temporarily while it applies for your work permit legal…
That’s not a right in many countries so why would it be so here?
_________________[/quote]
The Ministry of Foreign Affairs seems incapable of processing work permits from abroad.
That’s not a right in many countries so why would it be so here?[/quote]
It should be a right in other countries too.
[color=indigo][Moderator’s note: I believe the point of Chris’ posting is to have some sort of preliminary approval procedure. In other words, assuming all of the documentation is in order, then the relevant Taiwan government department accepts the paperwork, issues the preliminary approval, and then processes the paperwork … which should then be a very routine procedure at that point. So … the government officers would not be allowed to reject the application for spurious reasons, which is what still happens today (according to what I hear) … At any rate, Chris’ recommendation in this regard is worth considering. ][/color]
Doesn’t Taiwan have a referrendum law now? That means in theory–if someone can draft something that stands a chance of being acceptable to the general public–we could go out and collect signatures to get it put on the ballot!
Most if not all Taiwanese in positions of power have another western passport in addition to their own Taiwanese one. However on the other hand we are not allowed a Taiwan passport and to hold a passport from our own country. This should all be reciprocal and it is not, I am sure the Taiwanese would quickly agree to letting us having two passports; if they had also had to choose between a Taiwan passport and their foreign passport.
Please lets do away with the overseas Chinese immigration channel at the CKS airport. It is an ugly thing to have in the 21st century. Why should a person with a Taiwan residency that has been living here for years have to line up in the non ARC passport holders line while a person based purely on race not nationality has their own special line? Perhaps they should give one to overseas Portugese and overseas hill tribes as well. This country does not exclusively belong to the Chinese race so why base things on race at all? It should be based on how long you have been here and your right to be here not your DNA. Can you imagine Heathrow airport having a line for “whites only”?? The immigration system at CKS should not give preference to overseas Chinese over anyone else, it seems the racism on the island is apparent from the first step at the airport. I think when Taiwan starts allowing dual citizenship everything will change at a fast pace.
So I really want them to adress the issue of dual citenship and not having to give up passport of origin for obtianing a passport of Taiwan. Dual citizenship rights. If you had these then the right to get involved with politics would be there anyway as you would have the same rights at the Taiwanese. I want to vote, and after all (1) I live here, (2) I pay my taxes, (3) have a daughter here … so give me the right to vote, OK?
It’s not based on race. It’s based on nationality. The word “Chinese” can stand for more than just an ethnic term. Ponder, for a second, the words Republic of China that’s on the front of the passport. That’ll probably clear up your confusion.
Please, let’s not get into whether R.O.C. should even be on the passport. That’s another topic altogether.
It’s not based on race. It’s based on nationality. The word “Chinese” can stand for more than just an ethnic term. Ponder, for a second, the words Republic of China that’s on the front of the passport. That’ll probably clear up your confusion.
Please, let’s not get into whether R.O.C. should even be on the passport. That’s another topic altogether.[/quote]
I think we are getting confused. At the airport there are three lines. (1) Taiwan R.O.C. holders (2) Overseas Chinese (3) Foreign passport holders
Why?
I am genuinely confused here, so please explain, I am too stupid … lol
Hmm, I’m a little confused because the lines I’ve seen at the immigration counters are: 1) Diplomatic 2) APEC Card (whatever that is) 3) Citizens 4) Foreigners. I haven’t seen an ‘overseas chinese’ line there, though it’s possible I’ve overlooked it for the last 8 years.
Anyhow, many foreign countries have lines for: 1) Citizens & Residents 2) Visitors. I.e. a green card holder in the US would go through the same line as citizens do. Would such a system here address your concerns?
(Also might just point out that the current setup may be so that immigration officers who speak English can be assigned to the foreigners’ line and those that don’t will be assigned to the citizens’ line.)
I may be out of date as I have been in and out of taiwan for a while. Definately a few years ago there was a sign for overseas chinese. May be they moved it which is good.