To all the people of Taiwan:
We are now embarked upon a great endeavor to obtain a declaration of rights under United States laws for all members of the Taiwan Nation Party and other Taiwanese with courage to seek the justice to which they are entitled under the United States Constitution.
In order to begin this endeavor, we have had to do a thorough review of modern Taiwanese history, with particular emphasis on military history. As we stated in a Complaint for Declaratory Judgment filed October 24, 2006, in the United States District Court for the District of Columbia,
* On September 2, 1945, the Japanese government unconditionally surrendered to the Allied Powers consisting of the United States, China, Great Britain, and the Soviet Union. That same day, General Douglas MacArthur, Supreme Commander for the Allied Powers, issued General Order No. 1 under which, according to United States Secretary of State John Foster Dulles, the "Republic of China was entrusted with authority over [Formosa and the Pescadores]" as agent for the Allied Powers. Such trust on behalf of the Allied Powers remains in effect today.
* Importantly, on April 28, 1952, the Treaty of Peace with Japan signed on September 8, 1951, in San Francisco, California (the "SFPT") entered into force. In Article 2(b) of the SFPT, Japan renounced "all right, title and claim to Formosa and the Pescadores." Nothing in the SFPT -- or in any other treaty ever executed by or between the Republic of China ("ROC") and the other Allied Powers -- has altered the trusteeship granted by the Allied Powers to the ROC over Taiwan.
* For that reason, Plaintiffs, all of whom reside in Taiwan, have filed this action to have this Court determine what fundamental rights, if any, they may have under United States laws. This determination of fundamental rights is critical to Plaintiffs because they continue to suffer as a result of the legal limbo in which they find themselves.
Hence, as stated in the Complaint filed in Washington, D.C., legally speaking, from 1945 to the present, Taiwan has been an occupied territory of the United States, "the principal occupying Power." Currently, Taiwan is an occupied territory of the United States, and Taiwan's statehood status is disputed and uncertain. Neither the SFPT nor the Treaty of Taipei nor any other subsequent legal instruments changed the status of Taiwan. Further details are as follows:
* The agency relationship between the United States, the principal, and the ROC, its agent in Taiwan, never terminated. General Douglas MacArthur's General Order No. 1 empowering the government of ROC to accept the surrender of the Japanese troops in Taiwan and to occupy Taiwan on behalf of the Allied Powers (led by the United States) following the Pacific War is still valid. Neither the SFPT nor the Taiwan Relations Act nor any other legal instrument terminated the agency relationship between the United States and the ROC for the purpose of the occupation and administration of Taiwan.
* The United States as the principal occupying Power never issued a formal statement or declaration that the occupation of Taiwan has ended.
* The United States as the principal occupying Power is still holding the sovereignty over Taiwan and title to its territory in trust for the benefit of the Taiwanese people. The occupying Power never transferred the sovereignty over Taiwan or title to its territory to any other government.
* The territorial cession by Japan in the SFPT without the specification of a "receiving country" is neither equivalent to saying that Taiwan is sovereign and independent, nor equivalent to saying that Taiwan is terra nullius.
* The international community does not recognize Taiwan as a state.
* The United Nations never recognized Taiwan as a state and has never granted Taiwan's (ROC's) application for membership.
* Most importantly, the United States does not recognize Taiwan as a state. Pursuant to the Taiwan Relations Act of 1979, which embodies the United States congressional policy towards Taiwan, the United States does not maintain inter-state relations with Taiwan. Instead, "the people of the United States" maintain "commercial, cultural, and other relations" with "the people of Taiwan." Section 3301 of the Taiwan Relations Act reflects the United States' position that "the future of Taiwan" is still not "determined."
* In July 1982, the United States gave "Six Assurances" to the Taiwan governing authorities, including that the "United States would not alter the terms of the Taiwan Relations Act[,]" "would not alter its position about the sovereignty of Taiwan[,]" and "would not formally recognize Chinese sovereignty over Taiwan."
* On October 25, 2004, United States Secretary of State Colin Powell confirmed the United States' continuing policy towards Taiwan. He stated, "Taiwan is not independent. It does not enjoy sovereignty as a nation, and that remains our policy, our firm policy."
Importantly, when reviewing the military histories of Puerto Rico, Guam, the Philippines, and Cuba, it is clear that for a territorial cession, "the military government of the (principal) occupying power does not end with the coming into force of the peace treaty." In the post-World War II period up to today, no treaty or law ever terminated the United States' jurisdiction over Taiwan. By contrast, United States' jurisdiction over Puerto Rico, Guam, the Philippines and Cuba were all ended by treaties or other affirmative actions of the United States Government.
Hence, after a thorough study of all legal documents relating to Taiwan's international legal status, we believe it is indisputable that Taiwanese are under the jurisdiction of the United States Government. As you may remember, this was fully discussed in a Washington Post advertorial on Sept. 20, 2005.
Certainly, in this sixtieth anniversary year of the February 28, 1947, incident, such a realization is exceedingly important. However, at the present time, there is much legal work which needs to be done in order to obtain justice for the brave plaintiffs -- and ultimately for all Taiwanese people -- participating in the lawsuit in Washington, D.C.
Naturally, the lawsuit in Washington D.C. will require much work by our legal counsel, perhaps even including an appeal to the Supreme Court of the United States. Ultimately, however, we are confident our legal team will prevail despite the adverse views of "armchair" experts having no real expertise in international or US Constitutional laws.
It must be recognized that in dealing with a lawsuit of this kind in the US court system, we cannot argue with the political arrangements of the Three Joint US-PRC Communiques, the One China Policy, or the provisions of the Taiwan Relations Act. However, what we can do is present more weighty and compelling arguments based on the San Francisco Peace Treaty, the US Constitution, and other applicable US and international laws. In this way, we are confident that the truth regarding the international legal status of Taiwanese can be brought to light, and a democratic, prosperous, and peaceful future for Taiwan can be assured.
Under the US Constitution, everyone subject to its jurisdiction -- including those under US military occupation after peace treaty cession -- enjoy the inalienable rights of life, liberty and the pursuit of happiness. Additionally, we hope to assure a future where the Taiwanese people can enjoy the four essential human freedoms guaranteed by the US Constitution to all those subject to its jurisdiction, namely (1) the freedom of speech and expression, (2) the freedom of religion, (3) the freedom from want, and (4) the freedom from fear.
These are our goals, and we hope that you will join us in strongly supporting the work of our legal team in the US court system in 2007.
Sincerely,
Cheng Kuang Chen
Email: chengkuangchen@yahoo.com
Fax: (309) 214-8899 Cell: (408) 561-7556
P. O. Box 612213
San Jose, California 95161 USA
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