公告 2012-4-28
關鍵時刻
Key Time for Taiwan
2012年4月28日是舊金山和平生效滿六十年的紀念日，「臺灣民政府」出動六部宣傳車到「日本交流協會」和「美國在臺協會」，現場由四百位身穿西裝頭戴「民政府帽」的同心組成，車輛駕駛員同心身戴領帶、手戴白手套，這種宣達的團隊令人耳目一新，就連警察人員、日本工作人員、美國協會工作人員也都讚揚不已，對「臺灣民政府」團隊的大幅進步也都公開表示：「你們要加油！」中午一點以後，在六部宣傳車前導之下，「臺灣民政府」進行了三個小時的遊街宣導活動，獲得台灣群眾滿堂采。這是繼去年向日本天皇祝壽後，再一次獲得日本、美國政府的了解，意義不凡。
1. 天長節一般參賀對象是「象徵日本的天皇」，參賀民眾無論來自何方，原則上，毫無疑問，只能持象徵日本的日之丸旗的人民進入皇宮，表示敬意。皇宮警察對任何可能對天皇造成迷惑旗幟，絕對是依規定嚴格取締，不予放行。
2. 臺灣民政府進入前，剛開始時被要求「臺灣民政府」旗幟不要出現，可是，不到1分鐘後情勢大逆轉，皇宮所屬宮內廳緊急通知發還，允許「臺灣民政府」旗幟和日之丸旗共同在天長節一般參賀場合揮舞。日之丸旗是象徵日本國家，「臺灣民政府」旗幟則是象徵日本台灣，對日本天皇而言，法理上是「對等並立」而感情上是「一視同仁」。
3. 宮內廳雖是轄於內閣總理大臣管轄，然天長節一般參賀事關天皇本人，「臺灣民政府」旗幟究竟可否出現在天長節一般參賀場合？內閣總理大臣並無立場獨自決定，最終決定權是在天皇，只要天皇同意，內閣總理大臣並無反對的立場。可知，日本天皇和日本內閣總理大臣都得知「臺灣民政府」，並歡迎「臺灣民政府」參與天長節一般參賀。
4. 宮內廳適時發出指示，應是天皇指示，於是，就在這關鍵的1分鐘內，台灣地位之路，從可能被政治處理出賣予中國逆轉成可能依法理處理實現地位正常化。其所代表的政治意義極其重大。
臺灣民政府 國安參謀聯席會議 執行長 林 志昇
2012/04/28
Letter to the Japanese Prime Minister
給日本首相的信
April 28, 2012
The Honorable Yoshihiko Noda
Prime Minister of Japan
Cabinet Secretariat
Tokyo 100 – 8968, Japan
Dear Mr. Prime Minister,
在1945年(昭和20年)4月1日這一天, 美軍登陸沖繩而日本國在當天的應變包括:
On April 1, 1945, American forces landed on Okinawa and launched the invasion of Okinawa. In this desperate time, Japan adopted following desperate measures to secure Taiwan as a response to this Okinawa Battle:
1. 裕仁天皇頒布詔書，賦予台灣住民參政權。
Emperor Hirohito issued an Imperial Rescript, granting political rights to the inhabitants of Taiwan.
a. 日本帝國政府公布眾議院議員選舉法中改正法律(法律第34號):
台灣住民可普選5名眾議院議員。
The Government of the Empire of Japan issued Law No. 34, authorizing the inhabitants of Taiwan to select five representatives to the House of Representatives through popular vote.
b. 日本帝國政府公布「貴族院令中改正ノ件(勅令第193號)」:
台灣總督可遴選3名貴族院議員.
The Government of the Empire of Japan issued Royal Decree No. 193, authorizing the Governor-general of Taiwan to recommend three representatives to the House of Peers.
2. 日本帝國政府施行台灣徵兵令
the Government of the Empire of Japan enforced the military conscription order in Taiwan.
相較於日本帝國政府1898年間在琉球施行徵兵令，而在1912年至1919年間，陸續完成琉球列島住民參政權之賦予，台灣民政府擬請教日本政府，
The Government of the Empire of Japan enforced the military conscription order in Okinawa in 1898, and the granting of political rights to the inhabitants of the Ryukyu Islands was successively completed between 1912 to 1919, As a comparison, Taiwan Civil Government would like to inquire of the Government of Japan,
1. 大清帝國光緒皇帝依1895年5月8日生效之下關條約第二條，永遠讓與大日本帝國明治天皇之台灣全島及所有附屬各島嶼和澎湖列島，自1945年4月1日起, 是否已被日本政府編入為適用萬國公法之不可分割日本國土一部份?
If the island of Formosa, together with all islands appertaining or belonging to the island of Formosa, and the Pescadores Group ceded by Emperor Kwang-Hsu of China to Emperor Meiji of Japan in perpetuity pursuant to Article 2 of the Treaty of Shimonoseki entered into force on May 8, 1895 has been incorporated into japan by the Government of Japan as an integral part of Japanese territories applicable to the Law of Nations since April 1, 1945?
2. 日本政府依裕仁天皇頒布詔書所公布之法律第34號，其中尚未施行部份，是已經依1946年(昭和21年)8月20日公布之法律第8號廢止。至於敕令第193號則是已經完全施行，然貴族院令則是已依1947年(昭和22年)5月3日公布政令第4號(内閣官制の廃止等に関する政令)廢止。
因此，對現今本土台灣人而言，裕仁天皇於1945年4月1日所頒布之詔書至今是否仍然有效？
Referring to Law No. 34, issued on the authority of the said Imperial Rescript, the unexecuted portions thereof have been abrogated according to Law No. 8 of August 20, 1946. As for Royal Decree No. 193, also issued on the authority of the said Imperial Rescript, although thoroughly executed, has been abrogated according to Decree #4 of May 3, 1947.
It is therefore important to fully clarify if the Imperial Rescript of April 1, 1945 issued by Emperor Hirohito is still valid to the people of Taiwan in the current era?
Sincerely,
TAIWAN CIVIL GOVERNMENT
參考Reference --
http://taiwanus.net/tcg/japan2docs.htm
致
美國國務院國務卿柯林頓˙希拉蕊夫人公開信
April 28, 2012
The Honorable Hillary Rodham Clinton
Secretary
U.S. Department of State
2201 C Street, NW
Washington, DC 20520
CC: American Institute in Taiwan, Taipei Office
Dear Secretary Clinton,
One of the first secret CIA reports on Taiwan was issued March 14, 1949, and was titled “Probable Developments in Taiwan.” The secret report stated:
At the present time, Taiwan is not legally a part of the Chinese Republic. Its status remains to be determined in the peace treaty with Japan. The island has, however, been under Chinese administration since the Japanese surrender in 1945. China's position in Taiwan rests on (1) military control, and (2) the Cairo Declaration of November 1943, in which the US and the UK as well as China announced their purpose to restore Taiwan and the Pescadores to the Republic of China. The US and the UK reaffirmed the Cairo Declaration at Potsdam on 26 July 1945. Subsequently the USSR adhered to the Potsdam Proclamation, and thereby to the Cairo Declaration.
However, neither the U.S. nor any other power, has formally recognized the annexation by China of Taiwan, the legal status of which, until the conclusion of a Japanese peace treaty, is that of an occupied territory in which the US, as well as the other participants in the war against Japan, still have proprietary interests.
There is strong sentiment in Taiwan favoring autonomy, but the situation is complicated by the conflicting interest of the native Taiwanese and Chinese Nationalist elements. The Taiwanese bitterly resent the performance of the Nationalist administration on Taiwan since VJ-day. The Chinese rulers have exploited the native population to the limit, without regard for their welfare or the preservation of the island’s resources. The explosive nature of the Taiwanese problem was dramatically demonstrated in the abortive insurrection of 1947.
A successful Taiwanese rebellion against the Chinese Government in the near future is quite improbable, owing to lack of effective organization and leadership and the presence of Nationalist military forces on the island.
From the above depictions, it can be easily perceived that this CIA report prepared 63 years ago is still completely applicable up to the present day, reflecting the fact that the people of Taiwan have been trapped in the political purgatory ever since the initiation of Chinese military occupation on Oct. 25, 1945.
With reference to the legal and historical aspects, neither the island of Guam nor the island of Puerto Rico, which has become the Commonwealth of Puerto Rico since July 25, 1952, has ever been incorporated as an integral part of the United States since April 11, 1899. As a result, both Guam and Puerto Rico are with the status of being the unincorporated organized territories of the United States up to now.
Contrarily, the Government of Japan has incorporated Formosa and the Pescadores (aka “Taiwan”), the crown land of the Emperor of Japan since May 8, 1895, as an integral part of Japan by fully applying the Meiji Constitution to Taiwan through Showa Emperor's Rescript of granting political rights to the inhabitants of Taiwan as Japanese subjects on April 1, 1945. This was the L-Day when the Battle of Okinawa began and the legal arrangements for Taiwan might have been either ignored or neglected by the United States government since then.
Consequently, the Law of Nations is applicable to Taiwan due to the fact that Taiwan has been decolonized so as to constitute an integral part of Japan since April 1, 1945.
The following are some excerpts from the United States diplomatic papers declassified by the Department of State:
1. Memorandum by the Director of the Office of Far Eastern Affairs (Butterworth) to the Deputy Under Secretary of State (Rusk)
Washington, June 9, 1949 Subannex-Tab "A"
PROPOSED STATEMENT TO BE ISSUED BY THE SECRETARY OF STATE AT TIME UNITED STATES GOVERNMENT REQUESTS SPECIAL SESSION OF THE GENERAL ASSEMBLY
(This statement would be accompanied by a White Paper on the subject of Formosa)
The United States Government with the support of the Governments of the United Kingdom has requested the immediate calling for a special session of the General Assembly of the United Nations to consider the problem of Formosa toward the people of which Island, the United States feels an especial responsibility by reason of the part it played in the liberation of the Island.
2. Memorandum of Conversation, by Mr. Eric Stein of the Office of United Nations Political and Security Affairs" Washington, Nov. 16, 1950
Mr. Dulles stated that in the light of the attitude taken by the United States Delegation to the General Assembly in yesterday's meeting, there appeared to be two possible courses of action on the agenda item: "The Question of Formosa". First, we could let this item peter out in this Assembly and not ask for any action, and second, we could abandon the subtle attitude of not stating our views as to the ultimate disposition of Formosa and state frankly several basic principles which we would consider as appropriate framework for a plan for the solution of the Formosa question. These principles are:
1. The United States, as a principal victor of the war in the Pacific and as the sole occupying power of Japan, has great responsibility in the disposition of Formosa;
It was quite a mistake for the United States to dispose of Taiwan as a liberated Chinese territory based on the Cairo Communique released on Dec. 1, 1943, while deliberately ignoring the fact that ever since Oct. 25, 1945, Taiwan should be disposed of as an occupied Japanese territory such as the Ryukyu Islands under the laws of war, abiding by the principle of the Law of Nations that "the obligations which the Law of Nations imposes are necessary and indispensable, Nations can not alter them by agreement, nor individually or mutually release themselves from them."
3. Memorandum by the Joint Chiefs of Staff to the Secretary of Defense (Lovett) Washington, August 15, 1952 Enclosure
FACTS BEARING ON THE PROBLEM AND DISCUSSION
4. In Article 2 of the Peace Treaty, Japan renounced right, title and claim to Korea, Formosa, the Kuriles, Sakhalin, the Mandated Islands, Antarctic area, the Spratly Islands and the Paracel Islands. It may be inferred that ultimate Japanese sovereignty was recognized over the islands she agreed to place in trusteeship. This conception was conceded by Mr. Dulles (page 78, Dept.State Publication 4392) and by Mr. Younger, the U.K. delegate (page 93, Dept. State Publication 4392). Mr. Dulles speaks of the current Japanese position as "residual sovereignty."
The Ryukyu Islands were placed, with the concurrence of Japan, under the trusteeship of the United Nations with the United States as the sole administering authority, whereas Formosa and the Pescadores were placed automatically under the trusteeship of the United States with the Chinese colonial regime of Generalissimo Chiang Kai-Shek as the agent of the United States Military Government (USMG). Hence, since April 28, 1952, based on the principal-agent relationship established under the law of agency and derived from Article 2(b) along with Article 23(a) of the San Francisco Peace Treaty (SFPT) with Japan, the United States of America is unequivocally specified as the principal occupying Power of Japan due to the fact of conquest under the laws of war. Thus it may be inferred that ultimate Japanese sovereignty was recognized over Formosa and the Pescadores, coinciding with Mr. Dulles' perception of "residual sovereignty" under the Law of Nations.
The Taiwan Civil Government (TCG) strongly urges that the Department of State coordinate with other US government agencies to [a] unambiguously follow the relevant historical and legal precedent to declare the legal reality of USMG jurisdiction over Taiwan, which, with reference to the US Supreme Court case of Fleming v. Page (1850), has resulted in Taiwan being suitably classified as an “independent customs territory” (under USMG) in many international organizations; [b] clearly identify USMG as the “Protecting Power” of Taiwan under the Geneva Conventions and the SFPT; and [c] more closely follow the Taiwan Relations Act of 1979 and relevant US Executive Orders on Taiwan which neither grant any authority to the “Republic of China government” to serve as the “representative” of the People of Taiwan in any way, shape, or form, nor authorize the ROC to enforce its Constitution and other laws (including laws regarding mandatory military conscription) over the People of Taiwan.
Sincerely,
Taiwan Civil Government
No. 100-1, Yuanlinkeng Road,
Guishan Township,
Taoyuan County 333, Taiwan
