2015-6-26 Delay sought by ROC over new charge in Nationality Decree lawsuit (examiner.com)
Delay sought by ROC over new charge in Nationality Decree lawsuit
註解：
1. TCG(台灣民政府)在美國，並沒有任何分支機構(如:美國台灣自治政府、美國台灣政府等等..都不是)
2. 作者說的對 Roger Lin 是美國法院熟悉的常客，一只在為台灣人權努力。
3. 本文記者不是台灣人是美國人，對台灣政治不熟，無法適當表達作者本意。
4. 本文只讓同心參考使用。
The Republic of China in-exile filed a request for an extenstion of time on June 24 in the District of Columbia U.S. District Court. The ROC defendants in the caseRoger Lin v. Republic of China v. United States want until mid-July to file a motion to dismiss against Roger Lin and his co-Plaintiffs. Lin filed an Amended Complaint last week adding a new cause of action against the ROC under the Alien Tort Act. The lawsuit seeks a declaration that the Nationality Decree of 1946 of the ROC was imposed without the authority of the United States, who was still militarily occupying Taiwan, then called Formosa.
The litigation opens the door on the historical events of post-World War II and the origins of the “strategic ambiguity” over the nationality status of the island's 23 million inhabitants today. Under the law of war, the United States was responsible for Formosa during occupation following the surrender of Japan but delegated day-to-day operations to the Chinese. The ROC Nationality Decree stripped the Formosans of their Japanese territorial citizenship and pronounced the islanders to be Chinese citizens.
The lawsuit's new count states: “The arbitrary deprivation of nationality, or arbitary denationalization, is a violation of customary international law as supported by widespread state practice as well as international treaties such as the Universal Declaration of Human Rights. Arbitrary denationalization is a violation of the law of nations and a recognized cause of action under the Alien Tort Statute.”
Both defendant governments filed motions to dismiss the original complaint and the ROC now wishes to file a motion to dismiss the new Alien Tort charge. The recent flurry of activity in the case signals it is moving toward a hearing after all the briefs are filed. The court is already well familiar with Roger Lin, the chief plaintiff in Roger Lin v. United States, which sought U.S. Passports for Taiwan's residents. The District of Columbia U.S. Court of Appeals disposed of that lawsuit by urging President Obama to end the “political purgatory” of the residents of Taiwan.
Roger Lin is no stranger to controversy and has parted company with numerous former associates including two former ROC Presidents, Lee Teng-hui and Chen Shui-bian. Lin heads the Taiwan Civil Government group which claims 30,000 members. The TCG calls itself a political and educational organization but is structured like a provisional government. The United States branch of TCG is called Taiwan Government USA, following a rift between Lin and Los Angeles activist Nieco Tsai.
Charles Camp, who litigated Roger Lin v. United States is once again representing Lin. Thomas Corcoran, Jr. represents the ROC and has developed a reputation for keeping Taiwanese litigation out of U.S. courts. Matthew Josephson is the trial attorney for the Justice Department. U.S. District Judge Colleen Kollar-Kotelly has been assigned the case.
In a memorandum to the court, Camp referred to the difficulty of having the two governments as defendants which presented a “concundrum” to litigate. It seems that Taiwan's strategic ambiguity continues to cloud the way forward.
http://www.examiner.com/article/delay-sought-by-roc-over-new-charge...
