WISHLIST for legal rights in Taiwan

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WISHLIST for legal rights in Taiwan

Postby Hartzell » 03 Oct 2006, 19:12

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: http://travel.state.gov/law/info/judici ... _2545.html )
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Postby Old Gringo » 03 Oct 2006, 20:19

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.

For details of the old version see:

http://www2.law.columbia.edu/law_cultur ... _Short.doc.


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Postby ironlady » 04 Oct 2006, 03:28

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).
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Postby Chris » 04 Oct 2006, 09:26

To be able to gain ROC citizenship without renouncing your original citizenship.
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Postby redwagon » 04 Oct 2006, 09:55

Validity of driving license independant from ARC validity.

End of all government interference in banking regulations for foreigners.

Lifting of requirement for work permit for unpaid volunteer work.
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Postby jlick » 04 Oct 2006, 13:34

* 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.

* Also see this thread for some other suggestions:
http://www.forumosa.com/taiwan/viewtopic.php?t=54377
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Postby Screaming Jesus » 06 Oct 2006, 09:17

*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.
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Postby Chris » 06 Oct 2006, 09:28

* Making working for a company temporarily while it applies for your work permit legal.

* Making teaching kindy legal for foreigners.
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Postby Satellite TV » 06 Oct 2006, 21:07

Chris wrote:* 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?
It's such a pleasure living in a world where everyone is in such a hurry to be outraged over someone else’s trivial comments
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Postby Eric W. Lier » 06 Oct 2006, 21:12

Chris wrote:
* 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?
_________________

The Ministry of Foreign Affairs seems incapable of processing work permits from abroad.

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) ...

Why only white collar workers ?
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