Our Request to the U.S. Government
You !Must DO it！
Issuance of Certificates of Identity as Travel Documents to the Native Taiwanese Persons
Taiwan: The residual territory of Imperial Japan now under Chinese colonial administration as a proxy occupation force for the United States of America, the principal occupying Power specified in the Treaty of Peace with Japan
American Perceptions of Taiwan * On Oct. 25, 2004, U.S. Secretary of State Colin Powell confirmed that "Taiwan is not independent. It does not enjoy sovereignty as a nation, and that remains our policy, our firm policy."
* For many years, the "Taiwan" entry in the U.S. State Department publication "Treaties in Force" has clearly noted that "The United States does not recognize the Republic of China (ROC) as a state or a government."
* Such policies and pronouncements find a clear legal basis in a 1959 U.S. court decision, where the judges held that Taiwan, formerly called Formosa, "may be said to be a territory or an area occupied and administered by the Government of the Republic of China, but is not officially recognized as being a part of the Republic of China." See Cheng Fu Sheng v. Rogers, 177 F. Supp. 281, 284 (D.C. District, 1959).
Furthermore, in the decision of Rogers v. Sheng (D.C. Circuit, 1960), the court described the status of Formosa as follows:
"Following World War II, Japan surrendered all claims of sovereignty over Formosa. But in the view of our State Department, no agreement has 'purported to transfer the sovereignty of Formosa to (the Republic of) China.'At the present time, we accept the exercise of Chinese authority over Formosa, and recognize the Government of the Republic of China as the legal Government of China."
* on August 30, 2007, Dennis Wilder, Senior Director for Asian Affairs at the National Security Council, stated that "Taiwan, or the Republic of China, is not at this point a state in the international community. The position of the United States government is that the ROC -- Republic of China -- is an issue undecided, and it has been left undecided, as you know, for many, many years."
* Acting under his foreign affairs powers, the U.S.President recognized the "Republic of China" as the sole legitimate government of China as of December 31,1978.However,no U.S.President has ever recognized the "Republic of China" as the legitimate government of Taiwan.
December 31,1978.However,noU.S.President has ever recognized the "Republic of China" as the legitimate government of Taiwan.The Legal Business between the U.S. Military Authorities and the Native Taiwanese Persons
* In December, 1949, the Chinese Nationalist Government exiled to Taiwan, an integral part of the Empire of Japan as from April 1, 1945 Under Chinese military occupation since October 25, 1945, hence the resultant a Chinese colonial regime on Taiwan.
Within this context, on the one hand, under the laws and usages of war, the governing authorities on Taiwan are without any legal justification to issue passports to the native Taiwanese persons in the name of the "Republic of China."
On the other hand, with the coming into force of the Treaty of Peace with Japan on April 28, 1952, aka the San Francisco Peace Treaty (SFPT), in which the United States of America is specified as the principal occupying Power,under the law of agency, the native Taiwanese persons are supposed to hold the Certificates of Identity (COIs) as the travel documents issued in the name of the United States military authorities instead of the passports issued in the name of the Republic of China, and the United States military authorities are definitely in a position to exercise right to issue those COIs.
U.S. Court Decisions on Taiwanese Civil Rights Lawsuits
On October 24, 2006, Roger C. S. Lin assembled 228 supporters and filed a lawsuit against the United States of America in the U.S.District Court for the District of Columbia. In this lawsuit, the Plaintiffs alleged that the native Taiwanese persons are not correctly classified as having "Republic of China nationality."
Moreover, based on the history of the Pacific War and the specifications of the SFPT, they are entitled to carry some form of U.S.-issued travel documents Important excerpts from the court decisions are given below:
March 18, 2008 District Court Decision
In 1949, China's civil war -- a battle between Chinese nationalists and communists -- ended; mainland China fell to the communists and became the People's Republic of China, forcing Chiang Kai-shek to flee to Taiwan and re-establish the Republic of China in exile.
The Taiwan Relations Act also outlined the United States' "expectation that the future of Taiwan will be determined by peaceful means" ....
Addressing Appellants' claims would require identification of Taiwan's sovereign. The Executive Branch has deliberately remained silent on this issue and we cannot intrude on its decision. Significantly, the wording and tone of the decisions amounted to a clear admonishment to the U.S. Executive Branch officials that they should lend all necessary aid and assistance to native Taiwanese persons to “normalize” their status.
The Ryukyu Islands Model
In light of the above, the undersigned officials of the Taiwan Civil Government hereby call upon the U.S. military authorities headed by the U.S. President as the Commander in Chief to adhere to the Law of Nations, the U.S. Constitution, the Treaty of Peace with Japan, the laws and usages of war, the law of agency, and relevant U.S. court decisions to issue the "Certificates of Identity (COIs)" as "Travel Documents" to the people of Taiwan; i.e., the native Taiwanese persons.
Such "Travel Documents" should be similar to the COIs issued by United States Civil Administration of the Ryukyu Islands to the native inhabitants of the Ryukyus from the late 1940s to the early 1970s.