28.9 C
Taipei City
Monday, May 19, 2025

Taiwan Supreme Court Upholds Deportation of Chinese Wife for Advocating Military Unification

Must read

Overview of the Case

Taiwan’s Supreme Administrative Court has upheld the deportation order against Liu Zhenya (劉振亞), a Chinese national and the wife of a Taiwanese citizen, for advocating China’s military unification of Taiwan through social media. The ruling, announced on Thursday, March 25, 2025, rejected Liu’s second appeal against the decision made by the National Immigration Agency (NIA).

The Ministry of the Interior (MOI), which oversees the NIA, determined that Liu’s online activities threatened Taiwan’s national security and social stability, leading to the revocation of her marriage-based residency permit and an order to leave Taiwan within 10 days. She is now barred from reapplying for residency for five years.

Liu left Taiwan voluntarily on March 25, 2025, after her first appeal was rejected by the Taipei High Administrative Court on March 21, 2025.


Liu Zhenya’s Social Media Activity and Its Consequences

Liu, known online as “Yaya in Taiwan” (亞亞在台灣), had posted multiple videos on Douyin (Chinese version of TikTok) advocating for China’s military takeover of Taiwan. The MOI and NIA cited these videos as a violation of Taiwanese regulations that prohibit Chinese nationals residing in Taiwan from engaging in activities that threaten national security.

The Taiwanese government has strict laws concerning foreign interference and national security, particularly when it comes to individuals promoting pro-Beijing narratives. The decision to revoke Liu’s residency reflects Taiwan’s stance on protecting its sovereignty against Chinese propaganda.


Legal Justification and Court’s Ruling

The Supreme Administrative Court defended its ruling, stating:

  1. Liu’s actions constituted a threat to national security, violating regulations that govern Chinese nationals residing in Taiwan.
  2. Taiwan’s legal framework allows the government to revoke residency permits of foreign nationals whose actions threaten public stability.
  3. The Ministry of the Interior’s order was lawful, and there was no procedural error in the ruling.
  4. Liu’s argument that deportation would cause irreparable harm to her family was not valid, as modern communication and transportation allow her to maintain contact with her Taiwanese spouse and children.
  5. The deportation order did not specify a forced departure date, giving her flexibility to leave Taiwan voluntarily within 10 days.

With the Supreme Administrative Court rejecting her appeal, Liu’s deportation order was final and could not be overturned.


Debate Over Freedom of Speech and Taiwan’s Legal System

The case has sparked debate in Taiwan over freedom of speech, national security, and the rights of foreign spouses.

Professor Lo Shih-hung (羅世宏) from National Chung Cheng University’s Department of Communication criticized the ruling, arguing that it misapplied a United Nations (U.N.) convention.

According to Lo, the Taipei High Administrative Court cited the U.N. International Covenant on Civil and Political Rights (ICCPR), which states that “any propaganda for war shall be prohibited by law.” However, Taiwan incorporated the ICCPR into its domestic legal system in 2009 without enacting specific provisions related to it.

Lo and other legal experts argue that Taiwan’s government needs clearer laws on how freedom of expression applies to foreign nationals. They fear that similar deportations could be used politically, potentially impacting cross-strait relations and the rights of Chinese spouses in Taiwan.

On the other hand, government officials defended the decision, emphasizing that national security takes priority over personal freedom when it comes to individuals promoting military aggression.


Political Reactions and National Security Concerns

Taiwan has faced increasing psychological and military pressure from China, which considers Taiwan part of its territory and has not ruled out military action to annex the island.

The Taiwanese government maintains that its Anti-Infiltration Act and national security laws are designed to counter China’s hybrid warfare tactics, including propaganda, espionage, and misinformation campaigns aimed at destabilizing Taiwan.

Taiwanese authorities have cracked down on Chinese-linked disinformation networks in recent years, citing concerns over election interference and national security threats. The deportation of Liu Zhenya is seen as part of Taiwan’s broader strategy to curb pro-China influence within the country.

Meanwhile, Taiwan’s opposition party, the Kuomintang (KMT), has expressed concerns over potential abuse of such laws, warning that limiting freedom of expression could set a dangerous precedent.

KMT spokesperson Crystal Yang (楊智伃) stated that while national security is important, the government must ensure that deportations are based on clear and fair legal standards rather than being used as a political tool.


FAQs

Why was Liu Zhenya deported from Taiwan?

Liu Zhenya, a Chinese national married to a Taiwanese citizen, was deported for advocating China’s military unification of Taiwan on her Douyin (Chinese TikTok) account. The Ministry of the Interior (MOI) deemed her actions a threat to national security, leading to the revocation of her residency permit.

What was the legal basis for her deportation?

Taiwanese law prohibits Chinese nationals residing in Taiwan from engaging in activities that threaten public order or national security. Liu’s advocacy for military unification was classified as a national security risk, leading to her residency being revoked and a five-year ban on reapplying.

Did Liu have any chance to appeal the decision?

Yes, Liu filed two appeals, both of which were rejected—one by the Taipei High Administrative Court on March 21, 2025, and the final appeal by the Supreme Administrative Court on March 25, 2025.

Did the deportation order affect Liu’s family?

Liu’s deportation order stated that modern communication and transportation allowed her to maintain contact with her Taiwanese husband and children, meaning her forced departure did not constitute irreparable harm to family unity.

What does this mean for Chinese spouses living in Taiwan?

The case raises questions about freedom of speech and national security. Some experts argue that Taiwan should clarify its laws on foreign nationals’ rights to political expression, while others believe national security should take precedence over personal freedoms in such cases.

- Advertisement -spot_img

More articles

LEAVE A REPLY

Please enter your comment!
Please enter your name here

- Advertisement -spot_img

Latest article