Act Governing Relations between the People of the Taiwan Area and the Mainland Area
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The Act Governing Relations between the People of the Taiwan Area and the Mainland Area (), also called Cross-Strait Act (), is the law of the Republic of China (
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the no ...
or ROC) governing
cross-Strait relations Cross-Strait relations (sometimes called Mainland–Taiwan relations, or Taiwan-China relations) are the relations between China (officially the People's Republic of China) and Taiwan (officially the Republic of China). The relationship h ...
. The main purpose of the act is to protect the security and welfare of the people of Taiwan. The act defines its ''de facto'' controlled territory as the
Taiwan area The free area of the Republic of China, also known as the "Taiwan Area of the Republic of China", "Tai-Min Area (Taiwan and Fujian)" or simply the "Taiwan Area", is a term used by the government of the Republic of China (ROC) to refer to ...
. It also provides a legal framework on the relations between
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the no ...
and
mainland China "Mainland China" is a geopolitical term defined as the territory governed by the China, People's Republic of China (including islands like Hainan or Chongming Island, Chongming), excluding dependent territories of the PRC, and other territorie ...
without recognising the
People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's List of countries and dependencies by population, most populous country, with a Population of China, population exceeding 1.4 billion, slig ...
(PRC) and its governmental organisations. It is enacted in accordance with Article 11 of the
Additional Articles of the Constitution of the Republic of China The Additional Articles of the Constitution of the Republic of China are the revisions and constitutional amendments to the original constitution to meet the requisites of the nation and the political status of Taiwan "prior to national unifi ...
promulgated on 1 May 1991.


History

The act was drafted in the late 1980s and early 1990s. Early on 10 May 1948, the National Assembly of the Republic of China adopted the Temporary Provisions against the Communist Rebellion in the midst of the
civil war A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government polici ...
between the
Chinese Communist Party The Chinese Communist Party (CCP), officially the Communist Party of China (CPC), is the founding and sole ruling party of the People's Republic of China (PRC). Under the leadership of Mao Zedong, the CCP emerged victorious in the Chinese Ci ...
and the
Kuomintang The Kuomintang (KMT), also referred to as the Guomindang (GMD), the Nationalist Party of China (NPC) or the Chinese Nationalist Party (CNP), is a major political party in the Republic of China, initially on the Chinese mainland and in Ta ...
. In 1949, the Communists overthrew the Nationalist Government from mainland China, and proclaimed the establishment of the People's Republic of China while the government retreated to Taiwan, formerly a
Qing province Qingzhou or Qing Province was one of the Nine Provinces of ancient China dating back to  BCE that later became one of the thirteen provinces of the Han dynasty (206 BCE–220 CE). The Nine Provinces were first described in the ''Tribute ...
ceded to the
Empire of Japan The also known as the Japanese Empire or Imperial Japan, was a historical nation-state and great power that existed from the Meiji Restoration in 1868 until the enactment of the post-World War II 1947 constitution and subsequent form ...
from
1895 Events January–March * January 5 – Dreyfus affair: French officer Alfred Dreyfus is stripped of his army rank, and sentenced to life imprisonment on Devil's Island. * January 12 – The National Trust for Places of Histor ...
to 1945. During the "Communist Rebellion" period, the ROC regarded cross-Strait relation as at war. However, after the PRC implemented economic reform and altered the approach to Taiwan starting from 1980s, the ROC Government allowed nationals to visit their mainland relatives in 1987, and the necessity of regulating the cross-Strait relationship arose thereafter. In 1989, the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Justi ...
unveiled the Provisional Bill Governing Relations between the People of the Taiwan Area and Mainland Area (). In 1991, the Temporary Provisions were repealed by President
Lee Teng-hui Lee Teng-hui (; 15 January 192330 July 2020) was a Taiwanese statesman and economist who served as president of the Republic of China (Taiwan), President of the Republic of China (Taiwan) under Constitution of the Republic of China, the 1947 C ...
, which allowed the act to be passed by the Legislative Yuan on 16 July 1992 and commenced at the end of the month.


Imposition


Amendments and constitutional validity

The act is prominent in governing the relationship between Taiwan and Mainland China, which various subsidiary legislations were made under this law, and was amended during the ruling of both
Kuomintang The Kuomintang (KMT), also referred to as the Guomindang (GMD), the Nationalist Party of China (NPC) or the Chinese Nationalist Party (CNP), is a major political party in the Republic of China, initially on the Chinese mainland and in Ta ...
and
Democratic Progressive Party The Democratic Progressive Party (DPP) is a Taiwanese nationalist and centre-left political party in the Republic of China (Taiwan). Controlling both the Republic of China presidency and the unicameral Legislative Yuan, it is the majorit ...
(DPP). Article 18 of the act, regarding the deportation of mainlanders that legally entered Taiwan, was ruled unconstitutional in 2013. An amendment was passed in 2019 which any cross-Strait political settlement must be considered by the parliament twice and approved in referendum before being signed by the president. A year later, parliamentarians from DPP tabled amendments to repeal wordings of "before national unification" and substitute with "accordingly to national development" or "during which the governance is limited to Tai-Peng-Kin-Ma and affiliated islands", but was withdrawn days later after first reading.


Applicability on Hong Kong

According to the act, "people of the Taiwan area" refers to those under the jurisdiction of the
government of the Republic of China The Government of the Republic of China, is the national government of the Republic of China whose ''de facto'' territory currently consists of Taiwan, Penghu, Kinmen, Matsu and other island groups in the " free area". Governed by the ...
on
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the no ...
and its associated islands; "people of the Mainland area" refers to those under the jurisdiction of the
government of the People's Republic of China The Government of the People's Republic of China () is an authoritarian political system in the People's Republic of China under the exclusive political leadership of the Chinese Communist Party (CCP). It consists of legislative, executive, mili ...
, with the exception of
Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China (abbr. Hong Kong SAR or HKSAR), is a List of cities in China, city and Special administrative regions of China, special ...
(a former
British colony The British Overseas Territories (BOTs), also known as the United Kingdom Overseas Territories (UKOTs), are fourteen territories with a constitutional and historical link with the United Kingdom. They are the last remnants of the former Bri ...
that was ceded by the Qing in 1842) and
Macau Macau or Macao (; ; ; ), officially the Macao Special Administrative Region of the People's Republic of China (MSAR), is a city and special administrative region of China in the western Pearl River Delta by the South China Sea. With a pop ...
(formerly a
Portuguese colony The Portuguese Empire ( pt, Império Português), also known as the Portuguese Overseas (''Ultramar Português'') or the Portuguese Colonial Empire (''Império Colonial Português''), was composed of the overseas colonies, factories, and the l ...
ceded by the Qing in 1887) which are governed by the separate Laws and Regulations Regarding Hong Kong & Macao Affairs, unless changes in Hong Kong and Macau endanger Taiwan's security as stipulated by Article 60 of the Laws and Regulations:
..should any change occur in the situation of Hong Kong or Macau such that the implementation of this Act endangers the security of the Taiwan Area, the Executive Yuan may request the President to order suspension of the application of all or part of the provisions of this Act .. Should the application of any part of this Act be suspended and no other laws or regulations be formulated to govern relations between the Taiwan Area and Hong Kong or Macau, the relevant provisions of the Act Governing the Relations Between People of the Taiwan Area and the Mainland Area shall apply.


Ban on Red Chinese online platforms

Chiu Chui-cheng Chiu Chui-cheng () is a Taiwanese politician. He currently serves as the Deputy Minister of the Mainland Affairs Council. Education Chiu obtained his master's degree in national development from National Taiwan University and doctoral degree i ...
, spokesman of the
Mainland Affairs Council The Mainland Affairs Council (MAC) is a cabinet-level administrative agency under the Executive Yuan of the Republic of China in Taiwan. The MAC is responsible for the planning, development, and implementation of the cross-strait relations ...
, revealed to Nikkei Asia review in 2019 that the ROC Government is planning to block IQIYI and
Tencent Video Tencent Video (, also called WeTV outside of China) is a Chinese video streaming website owned by Tencent. The website was launched in April 2011, and is one of China's largest online video platforms. As of March 2022, Tencent Video has over 1.2 ...
(or WeTV) in Taiwan to curb the false information against Taiwan made by the PRC Government. Chiu added that OTT, IQIYI's Taiwan agent, is under investigation by the ROC's Ministry of Economic Affairs, and could be asked to close its "IQIYI Taiwan Station" if violation of the Act is found. On 19 August 2020, the Department of Commerce of the Economic Affairs Ministry, citing relevant regulations of the act, banned the operation of mainland Ott platform in Taiwan. IQIYI and Tencent Video were prohibited from operation, or risked a continuous fine of NT$50,000 to $5 million.


See also

*
Cross-Strait relations Cross-Strait relations (sometimes called Mainland–Taiwan relations, or Taiwan-China relations) are the relations between China (officially the People's Republic of China) and Taiwan (officially the Republic of China). The relationship h ...
*
Additional Articles of the Constitution of the Republic of China The Additional Articles of the Constitution of the Republic of China are the revisions and constitutional amendments to the original constitution to meet the requisites of the nation and the political status of Taiwan "prior to national unifi ...
*
1992 Consensus The 1992 Consensus is a political term referring to the alleged outcome of a meeting in 1992 between the semiofficial representatives of the People's Republic of China (PRC) of mainland China and the Republic of China (ROC) of Taiwan. They are of ...
*
One-China policy The term One China may refer to one of the following: * The One China principle is the position held by the People's Republic of China (PRC) that there is only one sovereign state under the name China, with the PRC serving as the sole legit ...
*
Political status of Taiwan The controversy surrounding the political status of Taiwan or the Taiwan issue is a result of World War II, the second phase of the Chinese Civil War (1945–1949), and the Cold War. The basic issue hinges on who the islands of Taiwan, P ...
*
Republic of China retreat to Taiwan The retreat of the government of the Republic of China to Taiwan (), also known as the Kuomintang's retreat to Taiwan or the Great Retreat () in Taiwan, refers to the exodus of the remnants of the internationally recognized Kuomintang-ruled ...


References


External links

* Act Governing Relations between Peoples of the Taiwan Area and the Mainland Area {{authority control Cross-Strait relations Law of Taiwan 1992 establishments in Taiwan