Hong Kong civil servant’s application to move to Taiwan rejected; refusal to resign and oath-taking deemed a “security risk”
本港公務員申移居台灣被拒 拒辭現職、已宣誓成「安全風險」
Amid reports in recent years of Hong Kong people facing difficulties moving to Taiwan, a Hong Kong civil servant’s application two years ago to reside in Taiwan with a Taiwanese spouse was rejected, and an appeal was dismissed this year. The judgment said the Taiwanese authorities had required the applicant to resign as a civil servant and provide plans for future residence in Taiwan in order to obtain a residence permit. It also noted that Taiwan’s National Immigration Agency may reject a residence application if a Hong Kong civil servant is considered to have circumstances that “give rise to harm to the interests of the ‘state’, public safety or public order”. Examples included “taking an oath or signing a declaration supporting the Hong Kong Basic Law” and “pledging allegiance to the Hong Kong Government without leaving the post”. The applicant had stated when applying that they would not resign and emphasised that they would travel to Taiwan only from Friday to Sunday. The applicant objected to being deemed a “security risk” solely because of their status as a civil servant, but the grounds were not accepted by the Taipei High Administrative Court.
近年不時有指港人移居台灣面對困難，一名本港公務員前年申請隨台籍配偶在台居留被拒後上訴，至今年再被駁回。判辭透露台方曾要求事主必須辭任公務員及提供未來在台居留規劃，方可取得居留證，亦提及台灣的移民署認為若申請人屬本港公務員而「衍生有危害『國家』利益、公共安全、公共秩序之情事」，則可拒絕居留申請，並舉例包括「宣誓或簽署聲明擁護香港《基本法》」、「效忠香港政府且未離職」。事主申請時則表明不會辭職，又強調只會於逢周五至周日赴台，不滿單單因為公務員身分就被認定具有「安全風險」，但理據不為台北高等行政法院接受。