 United States District Court, Washington D.C. filed: Oct. 24, 2006  Summary of the Complaint for Declaratory Relief (1) The Republic of China was entrusted with authority over Formosa and the Pescadores as agent for the Allied Powers. This arrangement was specified in General Order No. 1 of Sept. 2, 1945. Such trust on behalf of the Allied Powers remains in effect today. Nothing in the post-war San Francisco Peace Treaty (SFPT) nor in any other treaty ever executed by or between the Republic of China (ROC) and the other Allied Powers has altered this trusteeship arrangement. (See pages 2 to 3) (2) Defendant United States of America is and remains the "principal occupying Power" of Taiwan under SFPT Article 23(a). (See page 4) (3) By way of historical background, following the 1895 Treaty of Shimonoseki, Japan exercised sovereignty over Taiwan and held title to its territory. (See page 6) (4) The United States entered the Pacific War against Japan on Dec. 8, 1941. The Allied Powers defeated Japan, and it surrendered on Sept. 2, 1945. (See page 6) (5) Following the acceptance of the surrender of Japanese forces in Taiwan by the representatives of the ROC's Chiang Kai-shek (CKS), Taiwan (Formosa) remained de jure Japanese territory. The ROC government occupied Taiwan (Formosa) on behalf of the Allied Powers (led by the United States) pending a peace treaty with Japan, which would change the legal status of Taiwan (Formosa). (See page 7) (6) Pursuant to the SFPT, Japan renounced its sovereignty over Taiwan (Formosa) and title to its territory. Article 2(b) of the SFPT provided, "Japan renounces all right, title and claim to Formosa and the Pescadores." (See page 8) (7) China never became a party to the SFPT. Neither the ROC government, which occupied the island of Taiwan (Formosa) as agent for the "principal occupying Power," nor the government of the People's Republic of China ("PRC"), which controlled mainland China, signed, ratified, or adhered to the SFPT. (See page 9) (8) Article 25 of the SFPT specifically provided that the Treaty did "not confer any rights, titles or benefits on any State which [was] not an Allied Power [as defined in Article 23(a),]" subject to certain narrow exceptions set forth in Article 21. Accordingly, China, a non-party, did not receive "any right, titles or benefits" under the SFPT except as specifically provided in Article 21. (See page 9) (9) Specifically, China, a non-party, was not entitled to any benefits under Article 2(b) dealing with the territory of Taiwan (Formosa). The parties to the SFPT chose not to give any "right, title [or] claim to Formosa and the Pescadores" to China. (See page 10) (10) While Article 2(b) of the SFPT did not designate a recipient of "all right, title and claim to Formosa and the Pescadores," Article 23 of the SFPT designated the United States as "the principal occupying Power" with respect to the territories covered by the SFPT, including "Formosa and the Pescadores." (See page 11) (11) Following the entry into force of the SFPT, the government of the ROC continued to occupy Taiwan (Formosa) as agent for the United States, "the principal occupying Power." (See page 11) (12) The Treaty of Peace between the ROC and Japan, which was signed on April 28, 1952, and entered into force on August 5, 1952 (the "Treaty of Taipei"), did not transfer sovereignty over Taiwan (Formosa) from Japan to China either. (See page 11) (13) The SFPT did not terminate the agency relationship between the United States, the principal, and the ROC, the agent, with regard to the occupation and administration of Taiwan (Formosa). (See page 12) (14) Following the entry into force of the SFPT on April 28, 1952, the ROC did not exercise sovereignty over Taiwan and did not have title to its territory. (See page 13) (15) 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 after 1952 changed the status of Taiwan. (See page 13) (16) 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. (See page 14) (17) The international community does not recognize Taiwan as a state. (See page 14) (18) 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." (See page 15)  (19) RELIEF REQUESTED: Considering that the judicial branch has the authority and obligation to preserve the Constitutional rights of persons subject to the jurisdiction of the United States, whether or not such persons are United States citizens, non-citizen nationals, or aliens, Plaintiffs respectfully pray that the Court enter an Order declaring that: Plaintiffs, by virtue of living in a territory subject to the jurisdiction of the United States, * have fundamental rights under United States laws, including the United States Constitution. (See page 15)
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