Date: September 10, 2016
MAC Press Release No. 62
The Mainland Affairs Council (MAC) called a meeting this afternoon (September 10, 2016) joined by the National Palace Museum (NPM), Ministry of the Interior (MOI), Ministry of Justice (MOJ), and other relevant agencies. During the meeting, it was decided to ask the NPM to ascertain the facts on questions regarding the acceptance of positions in the Mainland and to notify the judicial authorities for handling any matters involving violations of Article 33 and Article 90 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area ("Cross-strait Act"). Additionally, the NPM will, according to law, revoke original dispositions contrary to provisions on due recusal in reducing the Mainland travel restriction time, and reassess the restriction period.
The MAC indicated, after discussions at today's meeting on the restriction periods set by various agencies according to Item 6, Article 9 of the Cross-Strait Act that if an agency determines upon review that a retired or discharged head has improperly reduced the restriction period in violation of rules on recusal, the original agency may revoke the original restriction period according to Article 117 of the Administrative Procedure Act and re-approve a reasonable restriction period according to the Cross-Strait Act.
The MAC stressed that the government has always attached great importance to matters involving restrictions on travel to the Mainland by retired or discharged civil servants. On the issue of public concern over the self-approved shortening of the period of restriction on travel to the Mainland by outgoing heads of agencies, the MAC has coordinated with the MOI to notify various agencies on August 5 to review by the end of September their period of restriction on Mainland travel by their retired or discharged personnel. The MAC will also request a meeting with related agencies to study and formulate reference principles for increasing or reducing restriction periods under Item 8, Article 9 of the Cross-Strait Act and will inform in writing the various agencies of these principles to serve as a reference in handling related matters.
Finally, the MAC made a special public appeal stating that retired or discharged civil servants with responsibilities for promoting national policies or affairs during their tenures still bear certain responsibilities and obligations under the law after retirement or discharge and are different from the general public. Based on the particularities of cross-strait relations, such civil servants must abide the related stipulations of the Cross-Strait Act regarding involvement in related activities and acceptance of a position in the Mainland after their retirement or discharge and are bound to protect overall national interests and consider public perception.