Diane Lee Explained

Diane Lee
Lee Ching-an
Native Name Lang:zh-tw
Honorific-Suffix:MLY
Office:Member of the Legislative Yuan
Term Start:1 February 2008
Term End:8 January 2009
Successor:Chiang Nai-shin
Constituency:Taipei 6th
Term Start2:1 February 1999
Term End2:31 January 2008
Predecessor2:multi-member district
Successor2:Justin Chou
Birth Date:1959 1, df=yes
Birth Place:Taipei, Taiwan
Party:Independent
Parents:Lee Huan (father)
Relations:Lee Ching-hua (brother)

Diane Lee Ching-an (; Lee Ching-an; born 17 January 1959) is a Taiwanese former politician. She naturalized as a U.S. citizen in 1991, but later relinquished U.S. citizenship. Lee, a Kuomintang member, held elected public office in Taiwan from 1994 to 2009, first as a Taipei City Councilwoman and then for three terms as a legislator representing Daan District, Taipei City.[1] [2]

Early life

Lee is the youngest of four children born to Lee Huan and Pan Hsiang-ning. Her two brothers are Lee Ching-chung and Lee Ching-hua. Lee Ching-chu is her older sister.[3]

Political careers

On 28 March 2001, Lee was assaulted by notorious organized criminal and legislator Lo Fu-chu during a meeting of the Legislative Yuan's Education and Culture Committee,[4] after she implied that he had attempted to interfere with the selection of board members for a public educational institution that was experiencing a corruption scandal and called him a "gangster".[5] [6]

Lo originally denied that he had assaulted Lee, until a video of the incident (which Lo did not know existed) was shown on Taiwanese television. Lee was hospitalized following the incident with a slight concussion.[7] The resulting scandal virtually ended Lo's political career. She charged him with assault, but later reached a settlement with him.[8] [9]

The next year, she accused Twu Shiing-jer of assaulting a restaurateur. Lee apologized after the incident, but did not heed calls to resign for the purportedly wrongful accusation against Twu.[10]

2008 legislative election

In May 2008, opposition Democratic Progressive Party politicians accused Lee of holding United States citizenship while sitting in the Legislative Yuan after winning the 2008 Republic of China legislative election on 12 January 2008, in contravention of nationality and election laws.[11]

This sparked Taiwan's authorities to inquire with the United States Department of State regarding Lee's nationality status. Lee maintained that she had lost U.S. citizenship automatically upon being sworn in as a Taipei City Councilwoman in 1994.[12] The U.S. Department of State issued a letter to the Ministry of Foreign Affairs in late December 2008 stating that Lee had been previously determined to be a U.S. citizen and issued with a passport and that no request for determination of loss of nationality had been made, but that a determination could be made on presentation of further evidence that an act causing loss of nationality had been performed. A finding of loss of nationality would be retroactive to the date of the aforesaid act.[13] However, amidst rising controversy, she resigned in January 2009.[1]

No.CandidatePartyVotesRatioElected
1Yue Ke Ming (樂可銘)Taiwan Constitution Association890.06%
2Diane LeeKuomintang99,29466.80%Yes
3Wang Bao Shan (王保善)Home Party4170.28%
4Yu Shao Jyun (余少鈞)Hakka Party1310.09%
5Luo Wen-jiaDemocratic Progressive Party48,24032.46%
6Gu Wun Fa (古文發)Democratic Freedom Party (民主自由黨)1550.10%
7Lin Jyun Sian (林俊賢)Taiwan Farmers' Party2210.15%
8Lin Yu Fa (林裕發)Taiwan Constitution Association870.06%

On 16 January 2009, the American Institute in Taiwan issued a letter to clarify that under United States nationality law, a person may lose U.S. citizenship by committing certain acts with the intention of losing U.S. citizenship, as long as the person's conduct after the said act is consistent with that of a non-U.S. citizen. Lee's lawyer Lee Yung-jan argued that this supported Lee's earlier statement that she had automatically lost U.S. citizenship upon taking office, and that her subsequent conduct such as travelling to the U.S. on a Republic of China passport instead of a United States passport confirmed her intention to lose citizenship.[14] [15] However, the Central Election Commission revoked Lee's status as an elected official in February 2009.[16] The CEC allowed Lee to keep over NT$8.6 million in election subsidies because the Election and Recall Act for Public Servants did not preclude natural-born dual citizens from running in local elections. Foreign citizenship must only be renounced before the oath of office is administered.[17] Her name appeared in the Internal Revenue Service's Quarterly Publication of Individuals Who Have Chosen to Expatriate in the final quarter of 2009.[2]

In February 2010, Lee was found guilty in the Taipei District Court of fraud and forgery relating to the citizenship issue.[18] She appealed the sentence to the Taiwan High Court, which acquitted her in August 2010. Her case went to the Supreme Court of the Republic of China, which upheld her acquittal.[19]

Notes and References

  1. News: Diane Lee resigns in citizenship row. China Post. 2009-01-09. 2012-05-11.
  2. Quarterly Publication of Individuals, Who Have Chosen To Expatriate, as Required by Section 6039G. Angie Kaminski, Internal Revenue Service. Federal Register. 75. 9028. 2010-02-26. 2013-02-11.
  3. News: Hsu. Crystal. Diane Lee's fall from grace. 19 March 2016. Taipei Times. 14 October 2002.
  4. News: Legislature Censures Lo Fu-chu. Low. Stephanie. Taipei Times. 2001-03-31. 2013-09-13.
  5. Book: Diamond, Lary. Symposium on The Transition from One-Party Rule: Taiwan's New Government and Cross-Straits Relations. How Democratic Is Taiwan? Five Key Challenges for Democratic Development and Consolidation. Columbia University. 2001-04-01. 2013-09-01. 5–6.
  6. News: Everyone Admires a Witty Comeback. Doufu. Joe. Taipei Times. 2012-01-08. 2013-09-14.
  7. News: Lo Fu-chu Has His Assault Sentenced Raised a Notch. Chuang. Jimmy. Taipei Times. 2002-02-01. 2013-09-10.
  8. News: Chuang. Jimmy. Lo may avoid assault rap. 26 March 2017. Taipei Times. 9 March 2002.
  9. News: Tsai. Ting-i. Lo apologizes to Lee for slapping her in the face. 26 March 2017. Taipei Times. 5 June 2002.
  10. News: Lin. Mei-chun. Lawmakers demand Lee resign. 9 October 2016. Taipei Times. 7 October 2002.
  11. News: Legislature approves nationality probe. Flora. Wang. Taipei Times. 2008-05-24. 2012-05-12.
  12. News: Diane Lee under U.S. State Dept. probe over citizenship. China Post. 2008-12-09. 2012-05-12.
  13. News: Legislator Lee Ching-an given an ultimatum on nationality. China Post. 2008-12-27. 2012-05-12.
  14. News: Lawyer hails AIT response to Lee citizenship issue. China Post. 2009-02-06. 2012-05-11.
  15. News: AIT's letters back Diane Lee: lawyer. Taipei Times. 2009-02-06. 2012-05-12.
  16. News: CEC revokes Diane Lee's elected status. Loa. Lok-sin. Taipei Times. 2009-02-07. 2012-05-12.
  17. News: Lu. Meggie. Green Party Taiwan picks legislative choice. 2015-03-31. Taipei Times. 2009-02-12.
  18. News: Ex-lawmaker Diane Lee sentenced to two years over U.S. nationality. Taiwan News. 2010-02-05. 2012-05-12.
  19. News: Supreme Court upholds acquittal of Diane Lee. Hsiang. Cheng-chen. Lee. Yu-hsun. Taipei Times. 2011-11-04. 2012-05-09.