-- on future development in Taiwan
Over the past years I have been actively involved in researching the international legal status of Taiwan. During this time I often put summaries of my research findings together and mailed them to local Taiwanese Legislators and other important officials, both current and retired. In June of 2003, I received a telephone call from former President Lee Teng-hui, and we talked about my research for about twenty minutes. Then in late November, 2004, the former President invited me to a three hour meeting where we discussed my research in more detail. Although many members of the Taiwanese media were present at that meeting, there was no real "reaction" by the TV, newspapers, or news magazines at that time.
Some time later, I also met with Mr. Kwang-Ming Koo, a well-respected local political activist, and he encouraged us to use every channel to make our research results more widely known. With the assistance of the Taiwan agent for the Washington Post, we were able to purchase space to publish a full explanation of Taiwan's international legal position in the print edition.
I wrote out an essay of nearly 3500 words to fulfill that purpose. However, I suspected that many people would ask the obvious question of "Where do we go from here?" and so I decided to put together some detailed comments on related matters.
As a result, I spent several weeks coming up with these preliminary explanations and guidelines. While these are all made in good faith, it must be recognized that I am currently in no official position to implement any of these instructions, and if they come to be regarded as impractical, unworkable, or otherwise off the mark, then I must accept fully responsibility.
Taipei, Taiwan cession
(a) Airplanes, Buses, Ships, Trains, and other transportation
All arrivals and departures will continue on a normal schedule.
1. The current activities of active personnel in the Army, Navy, Air Force, Coast Guard, Marines, and other Armed Forces of Taiwan will continue uninterrupted until new procedures are announced.
2. Persons who have elected to, or been chosen to serve in "alternative service" work (in lieu of Taiwanese military service) should continue in current positions until new or supplementary regulations are announced.
3. Non-career military personnel in Taiwan may be honorably dismissed or otherwise have their lengths of required service shortened according to the decisions of their commanding officers.
4. Disposition of military hardware and software currently in the possession of the Taiwan governing authorities will be subject to future negotiations between the US Secretary of State, Secretary of Defense, the Attorney General, the Commander in Chief, and the Taiwan governing authorities.
1. All banking and financial activities in Taiwan shall continue uninterrupted.
2. Current bank books, checking account books, etc. and all related forms, slips, etc. may continue to be used.
All commercial activities in Taiwan shall continue uninterrupted.
1. The operations of all Courts in Taiwan shall continue uninterrupted, however certain matters regarding jurisdiction are being redefined.
2. Most importantly, new specifications regarding jurisdictional issues will be implemented by the establishment of an Article 2 Court, and will primarily deal with matters concerning US administrative authority over Taiwan, the Constitutional rights of US citizens, international legal matters, other issues regarding serious threats to public order, etc.
3. The operations of all military courts of the Taiwan governing authorities should only continue until the current caseload is exhausted. Additionally, the handling of any cases related to military conscription matters in any other Taiwanese courts should receive priority treatment and be finalized as soon as possible.
1. Taiwan's Department of Health and other relevant agencies should regularly check all hospitals, clinics, and other medical facilities to ascertain that proper procedures for handling emergency medical cases are in place, and that the proper procedures are being followed.
2. Needed updates in emergency medical treatment procedures should be promulgated in a timely fashion.
1. The operations Five Yuan, and all subsidiary Ministries, Departments, Bureaus, Administrations, and other agencies shall continue uninterrupted for the time being.
2. The Examination Yuan should suspend all activities which involve any examination matters related to the recruitment of new personnel or filling of personnel vacancies in the Ministry of National Defense, the Ministry of Foreign Affairs, etc. because the operations of these ministries are being cut back.
3. The Legislative Yuan shall continue to be located in Taipei city.
1. The operations of Foreign Embassies currently in Taiwan may continue until new organizational arrangements are made via consultation with the US Secretary of State and/or with the Secretaries of State or Foreign Affairs Ministers of their respective home governments.
2. As a general rule, it is suggested that foreign embassies currently in Taiwan be reorganized as Consulates.
1. The operations of Foreign Trade Offices & Liaison Offices currently in Taiwan may continue. Any new arrangements, if necessary, may be made via consultation with the US Secretary of State and/or with the officials of their respective home governments.
2. Where home-country governments find it economically feasible, it is suggested that foreign trade offices and liaison offices currently in Taiwan be upgraded to the status of Consulates.
The operations of hospitals, clinics, and other medical facilities in Taiwan shall continue uninterrupted.
1. All imports, exports, and other matters involving customs clearance shall continue uninterrupted.
2. At the most basic level, it should be remembered that Taiwan's international status is that of an "independent customs territory" under USMG.
1. All insurance policies (or programs), by all insurance companies or other related organizations operating in Taiwan shall continue to be in force.
2. Any exceptions to the above instruction, or further clarifications, will be announced by Taiwan's Ministry of Finance as appropriate. Other special clarifications may be promulgated by the Commander in Chief or High Commissioner.
1. Classes shall continue on a normal schedule at all military academies, military institutions, the National Defense University, and other related institutions until new procedures are announced.
2. However, activities of the Ministry of Education's Department of Military Training Education, and all related or subsidiary organizations, should be suspended within the near future.
3. The following activities will be suspended in the near future:
1. The operations of all Military Courts shall continue until the current case load is completed. Additional specifications regarding the operations of these courts shall be made by the US Attorney General.
2. All procedures regarding recruitment of new personnel or filling of personnel vacancies in these military courts, or subsidiary organizations, etc. should be suspended. Pending promotions of any kind, for relevant personnel, should also be suspended.
3. Further details on the disposition of personnel now serving in Taiwan's Military Courts will be announced at a future date, based on the outcome of discussions with the US Attorney General, Secretary of State, Secretary of Defense, members of Congress, the Taiwan governing authorities, and other officials as appropriate.
1. Decisions in regard to whether
2. All procedures regarding recruitment of new personnel or filling of personnel vacancies in MOFA, including its overseas offices, or subsidiary organizations, etc. will be suspended in the near future.
1. Except as affected by other instructions in orders, directives, directions, etc. of the Commander in Chief or the High Commissioner, the activities of active military personnel of the Taiwan governing authorities, including those persons doing "alternative service," should be continued until superseding regulations are announced by Taiwan's Ministry of National Defense or by the US Department of Defense.
2. The following activities of the Taiwan governing authorities will be suspended
in the near future:
1. The establishment of a National Guard for Taiwan is not currently authorized by the US federal government.
2. Any authorization for the establishment of Taiwanese National Guard units would have to come from the Commander in Chief after consultation with the US Congress.
1. The operations of Taiwan's NSB, MJIB, and other similar agencies will be scrutinized and overviewed by a special committee which will include officials from appropriate US federal agencies and Taiwan government agencies. In the future, it is possible that the functioning of the NSB, MJIB, etc. will be streamlined.
2. More details on the organization of this special committee will be announced at a future date.
1. Consular matters: the operations of Overseas Taiwan Representative Offices shall continue uninterrupted for the time being, with the particular exceptions to be noted by the Commander in Chief. It is to be expected that these offices will be subject to future re-organization, and/or having their operations combined or closely coordinated with existing United States embassies and consulates, according to the directions and timetables to be announced by the US Secretary of State.
2. Certification of documents at Overseas Taiwan Representative Offices: The Commander in Chief may ask the Secretary of State to speed up procedures for Taiwan's inclusion under the United States membership in the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (concluded October 5, 1961). Details of this Hague Convention are available on the State Department's website at http://travel.state.gov/law/legal/treaty/treaty_783.html
3. Trade and economic matters: the operations of Overseas Taiwan Representative Offices shall continue uninterrupted. The future re-organization of these offices will be determined after consultations with the US Secretary of State, Secretary of Commerce, the Taiwan governing authorities, and the Commander in Chief.
1. The operations of the National Police Administration, and of local Police Stations at any and all levels should continue uninterrupted. The operations of the Central Police University and Taiwan Police College should continue uninterrupted.
2. Badges and insignia of police personnel may be subject to revision/modification within a timetable to be announced by Taiwan's Ministry of the Interior.
1. The operations of the postal authorities should continue uninterrupted.
2. ROC postage stamps shall continue in use until current supplies are exhausted. The issuance of new postage stamps and the design of those stamps shall be a subject for the determination of the Taiwan postal authorities, according to their established procedures, or according to new procedures which they may announce.
3. The Taiwan governing authorities will announce further details on all related matters at an appropriate time. The website of the Directorate General of Posts in Taiwan is located at http://www.post.gov.tw/post/index.jsp
All public debt of the Taiwan governing authorities (also known locally in Taiwan as "Republic of China") shall continue to be valid.
The operations of all media organizations shall continue on a normal schedule.
1. According to the Taiwan Relations Act (22 USC 3301 et seq.), the United States does not recognize the nomenclature of "Republic of China" on or after January 1, 1979.
2. Under United States law, the government structure in Taiwan is referred to as the "Taiwan governing authorities."
1. All retirement funds, pensions, and annuities (herein referred to as "r-funds"), whether administered by the public or private sector, shall continue to be in force, however some special stipulations and restrictions will be announced by the Commander in Chief and High Commissioner.
2. The KMT political party will be responsible for the present and future funding requirements of any "r-funds" which it currently administers. Additionally, within three months, the KMT political party should submit detailed planning to the Premier regarding its proposals on appropriate arrangements for the present and future funding requirements of other "r-funds" for ROC government personnel, including members of the ROC armed forces, etc.
3. In Taiwan, all retirement plans or programs must apply equally to Taiwan island citizens, US citizens, and foreigners. Any needed revisions of existing laws should be made by the Legislative Yuan within six months.
4. As appropriate, any further clarifications to the above instruction will be announced in the near future.
The seat of government of the Taiwan cession is, and shall continue to be, in the city of Taipei.
Classes shall continue on a normal schedule.
All activities shall continue on a normal schedule, unless otherwise specified in orders, directives, directions, etc. of the Commander in Chief or High Commissioner.
(a) Constitutional Convention
1. The "Republic of China" Constitution currently in use in Taiwan was passed
on December 25, 1946, when the Chinese Nationalist Party (KMT) still ruled China.
It was promulgated on January 1, 1947, and came into force on December 25, 1947.
It was brought over from Mainland China by the KMT during the Chinese Civil
War period of the late 1940's. As such, this Constitution, which is often called
the "Nanjing Constitution", is not the true organic law of the Taiwan cession.
2. In the history of Taiwan, for most of the period of the post WWII era through
the end of martial law in July 1987, the ROC Constitution was not truly in force.
This caused much resentment among the populace.
4. Upon the promulgation of a new Taiwan Constitution (or Basic Law), thus establishing an organic law for the cession under the approval of the US Congress, Taiwan's status as unincorporated territory will progress from the category of "unorganized" to "organized."
5. Under the new Taiwan Constitution, it will be imperative for everyone to
understand that the duty of government officials is to first uphold the Constitution,
and protect the rights of the people, and second to make their superiors happy.
Since Taiwanese law has traditionally followed the German model, comparison
is made to Article 1 of the German Basic Law, which may be rewritten for the
Taiwan cession as follows:
(1) The dignity of man is inviolable. To respect and protect it is the duty of all state authority. (2) The Taiwanese people therefore acknowledge inviolable and inalienable human rights as the basis of every community, of peace and of justice in the world. (3) The following basic rights bind the legislature, the executive and the judiciary as directly enforceable law.
6. Article IV, Section 3 of the US Constitution states that the Congress shall
have power to dispose of and make all needful rules and regulations respecting
the territory or other property belonging to the United States. According to
Article 4(b) of the SFPT, the United States Military Government has dispositions
rights over the property of "Formosa and the Pescadores." These powers include
that of making the determination of the civil rights and political status of
the native inhabitants in areas under United States' administrative authority.
1. The "Republic of China" Constitution currently in use in Taiwan is silent on the constitutional rights of non-Chinese persons, nor are there any Judicial Yuan Supreme Court decisions which define this important area of jurisprudence. This statement is made in light of the fact that there is no consistent policy among government agencies in Taiwan either confirming or denying the constitutional rights of non-Chinese persons, and the term "ren min" in the Constitution tends to be regarded as meaning "Chinese people" or more specifically "people of Chinese ancestry" or those who hold local identity documents.
2. In light of the constitutional protections which the Chinese people, and
indeed all aliens, have enjoyed in the United States since the Yick Wo. v. Hopkins
decision of the US Supreme Court in 1886, which is granted without consideration
of their visa status, it is affirmed that all persons within the territorial
jurisdiction of Taiwan enjoy full constitutional rights unless a restriction
of those rights for certain categories of persons is specifically provided for
by law. In this regard, reference is made to Article 2 of the German Basic Law:
3. It is noted that in the constitutions of many nations, states, provinces, territories, etc. in the world, certain political rights are often restricted to those with local citizenship.
1. After the promulgation of Taiwan's new constitution, the Judicial Yuan, or its superseding agency, should establish a Constitution Education Committee to promote the values expressed in the new constitution.
2. Persons elected to serve on this Committee may be Taiwan island citizens, US citizens, or citizens of other countries.
1. The quotations from the German Basic Law provided given in orders, directives,
directions, etc. may be used as reference by researchers and other persons interested
in the preparations for, and functioning of, Taiwan's Constitutional Convention.
The President of Taiwan should establish or authorize an appropriate office to receive reports, suggestions, and other input from all concerned individuals regarding the formation of Taiwan's new Constitution.
1. The United States Constitution, the fifty states' constitutions, and the
constitutions of US unincorporated territories are also of excellent reference
value for those persons interested in participating in the drafting of Taiwan's
new constitution. These are widely available on the internet. Two good resources
which are free to the public are
2. Legal researchers in Taiwan may also want to consult constitutions from other countries in North, South, and Central America, in Europe, in other Asian countries, etc. The Canadian Charter of Rights & Freedoms is also an excellent reference. Most of these documents are available on the internet.
(a) WHO status
1. Based on the significant degree of commercial treaty-making powers under the treaty and international organizational clauses of the Taiwan Relations Act, Taiwan should qualify for Associate Membership in the World Health Organization under the United States of America. Such an interpretation is also consistent with the provisions of Article 8 of the WHO Constitution.
1. In accordance to the terms of its World Trade Organization membership, the Taiwan cession comprises a separate customs territory. In the WTO this is the "Permanent Mission of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu". This nomenclature reflects the correct position of Taiwan in the international community, and should not be subject to revision or downgrading due to unwarranted pressure by other WTO members on the WTO Secretariat.
2. Taiwan's accession to the WTO's Government Procurement Agreement (GPA) should be expedited.
3. The European Chamber of Commerce in Taipei (ECCT) has been active in monitoring the implementation of Taiwan's WTO commitments. The Taiwan governing authorities should work closely with ECCT officials, and the representatives of other commerce and industry groups, and strive to implement all necessary policies to assure WTO compliance.
(a) INA reference
2. The granting of Taiwan island citizenship will be conditional to laws, procedures,
regulations, etc. established by the US government in consultation with the
Taiwan governing authorities. There is no automatic claim to such citizenship
for those who currently hold ROC ID cards, ROC passports, etc.
3. Taiwan will spend the next several years in organizing and establishing
a new "body politic." For those current holders of ROC passports who are deemed
ineligible to be recognized as having Taiwan "island citizen" nationality, and
hence ineligible to obtain a Taiwan cession passport, it is anticipated that
some may consider themselves seriously disadvantaged. In dealing with this problem,
it will be expected that some categories of waivers may be granted by the US
State Department. However, as a general rule, in determining if any persons
are seriously disadvantaged by the new laws regarding Taiwan island citizenship,
the following considerations will be important:
4. US citizens and Taiwan island citizens in Taiwan will come together to comprise a "body politic." However, as a general rule, in order for US citizens in Taiwan to have voting eligibility in Taiwanese elections, it will be expected that they must already have permanent residence or meet the criteria for obtaining permanent residence.
5. US citizens who complete the application procedures to obtain the nationality
of Taiwan island citizenship according to the Nationality Law in Taiwan shall
retain US citizenship.
6. Consideration of whether foreigners (aliens) may retain their original citizenship
when completing the application procedures to obtain Taiwan island citizenship
shall be subject to negotiation between the officials of the foreign countries
and the Taiwan governing authorities.
7. According to the Nationality Law currently in effect in Taiwan, and indeed according to established Taiwanese, Chinese, and Japanese laws and customs, for US citizens or foreigners who give birth in the Taiwan cession, their children do not and will not automatically obtain Taiwan "island citizen" nationality.
9. Holders of US citizen passports and Taiwan cession passports should be aware
of the Travel Warnings issued by the US Department of State. See
22 USC 211a. The Secretary of State may grant and issue passports, and cause
passports to be granted, issued, and verified in foreign countries by diplomatic
and consular officers of the United States, and by such other employees of the
Department of State who are citizens of the United States as the Secretary of
State may designate, and by the chief or other executive officer of the insular
possessions of the United States, under such rules as the President shall designate
and prescribe for and on behalf of the United States, and no other person shall
grant, issue, or verify such passports.
22 USC 212 No passport shall be granted or issued to or verified for any other persons than those owing allegiance, whether citizens or not, to the United States.
1. The stricture against compelling the inhabitants of areas under military government from taking "oaths of allegiance" should not be confused with the (A) "pledge of allegiance" to the flag, (B) the doctrine of "temporary allegiance" under the law of occupation, or (C.) the "swearing-in" ceremonies in a court. The "oaths of allegiance" in Article 45 of the Hague Regulations are primarily stated in connection with any attempt to compel the local inhabitants to join in armed or auxiliary forces, or to otherwise do military service. Such military service has traditionally been forbidden by the law of war. It was later codified in the Hague and Geneva Conventions. In particular, see Article 45 of the "Annex to the Hague Convention No. IV embodying the Regulations Respecting the Laws and Customs of War on Land" (1907), and Articles 40, 45, and 51 of the "Geneva Convention Relative to the Protection of Civilian Persons in Time of War" (1949).
2. As such, any participation in a pledge of allegiance to the flag or a swearing-in ceremony in a court is not in violation of the Hague or Geneva Conventions. The doctrine of "temporary allegiance" under the law of war, and as outlined in relevant US Supreme Court decisions, also includes the limitation that the local inhabitants will not be compelled to do military service.
3. "Temporary allegiance" is discussed further below:
(B) In the case of Castine, in Maine, reduced to British possession during
the war of 1812, and specifically concerning the period from September, 1, 1814,
to the ratification of the treaty of peace in 1815, according to the judgment
of the US Supreme Court in United States v. Rice, (1819): "the British government
exercised all civil and military authority over the place . . . . The authority of
the United States over the territory was suspended, and the laws of the United
States could no longer be rightfully enforced there, or be obligatory upon the
inhabitants who remained and submitted to the conqueror. By the surrender, the
inhabitants passed under a temporary allegiance to the British government, and
were bound by such laws, and such only, as it chose to recognize and impose
. . . .It is not to be inferred from this that the obligations of the people of
Castine as citizens of the United States were abrogated. They were suspended
merely by the presence, and only during the presence, of the paramount force."
(C.) A like example is found in the case of Tampico, occupied during the war
with Mexico by the military troops of the United States. It was determined by
the US Supreme Court in Fleming v. Page, (1850): that, although Tampico did
not become a port of the United States in consequence of that military occupation,
still, having come, together with the whole State of Tamaulipas, of which it
was part, into the exclusive possession of the US national forces, it must be
regarded and respected by other nations as the territory of the United States.
(D) Under some circumstances, the military forces which have liberated a particular
area will delegate the administrative authority for the military occupation
to allies. This is a principal - agent relationship, based on Grotian agency,
(see On the Law of War and Peace, by Hugo Grotius, published in 1625). The allegiance
of the local populace is to the "principal occupying power." In other
words, the doctrine of "temporary allegiance" only exists in a single
(E) Hence, it can be seen that the situations of Castine in Maine and Tampico
in Mexico were cases of temporary possession of territory by lawful and regular
governments at war with the country of which the territory so possessed was
part, and involved the doctrine of "temporary allegiance" under the law of occupation.
Also see US Supreme Court, Thorington v. Smith, 75 U.S. 1 (1868); Hanauer v.
Woodruff, 82 U.S. 439 (1872); and DeLima v. Bidwell, 182 U.S. 1 (1901).
(d) Nationality of Inhabitants in Conquered Territory
1. Taiwan was liberated from Japan by United States military forces in WWII.
The post-war treaty (aka San Francisco Peace Treaty) came into effect on April
28, 1952. Taiwan (aka "Formosa and the Pescadores") was a "limbo cession" under
Article 2(b), with the United States as principal occupying power under Article
23. This is further clarified by Article 4(b) which states: "Japan recognizes
the validity of dispositions of property of Japan and Japanese nationals made
by or pursuant to directives of the United States Military Government in any
of the areas referred to in Articles 2 and 3."
2. In Gonzales v. Williams, 192 U.S. 1 (1904), the Supreme Court confirmed its earlier finding that: ". . . the nationality of the inhabitants of territory acquired by conquest or cession becomes that of the government under whose dominion they pass, subject to the right of election on their part to retain their former nationality by removal or otherwise, as may be provided . . . . " Also see Boyd v. Nebraska ex rel. Thayer, 143 U.S. 135 (1892).
3. The civil rights and political status of the native inhabitants of any territory
under the administrative authority of the United States are typically determined
by the US Congress. The US Immigration and Nationality Act is a United States
law which was passed by the Congress.
4. In relation to Taiwan, it is expected that the determination of the exact
meaning of the term "island citizens", their rights and obligations under the
US Immigration and Nationality Act, including the type of passport they are
entitled to carry, shall be determined by the US Immigration and Naturalization
Service, with reference to the established rules in the Immigration and Nationality
Act, and their interpretations. This determination shall be announced as soon
1. According to the precedent in US Supreme Court case of Dorr v. United States,
195 U.S. 138, 147 (1904), under the US Constitution there is the concept of
"fundamental rights," and these may be described as "inherent although unexpressed
principles which are the basis of all free government . . . . "
1. In Anglo-Saxon law the right to travel was emerging at least as early as
the Magna Carta (June 15, 1215). Three Human Rights in the Constitution of 1787
included (1) Freedom of Debate, (2) Freedom of Movement, (3) Prohibition of
Bills of Attainder, and show how deeply engrained in American history this freedom
of movement is.
2. Freedom of movement across frontiers in either direction, and inside frontiers
as well, was a part of the American heritage. Travel abroad, like travel within
the country, may be necessary for a livelihood. It may be as close to the heart
of the individual as the choice of what he eats, or wears, or reads. Freedom
of movement is basic in our scheme of values. See Crandall v. Nevada, 6 Wall.
35, 44 (1868); Williams v. Fears, 179 U.S. 270, 274 (1900); Edwards v. California,
314 U.S. 160 (1941). "Our nation," wrote Chafee, "has thrived
on the principle that, outside areas of plainly harmful conduct, every American
is left to shape his own life as he thinks best, do what he pleases, go where
he pleases." See Three Human Rights in the Constitution of 1787, by Zechariah
Chafee, Jr., University or Kansas Press, Lawrence, Kansas, 1956, p. 197.
1. Under the Immigration and Naturalization Act (INA) and insular law of the United States, different categories of "aliens" may be recognized.
2. The most common type of "alien" would be a foreigner, i.e. a person who comes from a foreign country and who does not owe allegiance to the United States.
3-1. Two further types of "alien" may be delineated as:
The following pledge of allegiance is suggested for use in Taiwan:
I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands: Fifty States in one Nation indivisible, Six Major Overseas Territories international, with Liberty, Justice, and Human Rights for all.
1. A fundamental requirement of due process is "the opportunity to be heard." See US Supreme Court, Grannis v. Ordean, 234 U.S. 385, 394 (1914). It is an opportunity which must be granted at a meaningful time and in a meaningful manner.
2. "Many controversies have raged about the cryptic and abstract words of the Due Process Clause but there can be no doubt that at a minimum they require that deprivation of life, liberty or property by adjudication be preceded by notice and opportunity for hearing appropriate to the nature of the case." See Mullane v. Central Hanover Tr. Co., 339 U.S. 306 (1950).
3. "An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections." See Milliken v. Meyer, 311 U.S. 457 (1941); Priest v. Las Vegas, 232 U.S. 604 (1914); Roller v. Holly, 176 U.S. 398 (1900), as quoted in Armstrong v. Manzo, 380 U.S. 545 (1965).
1. The concept of liberty has two basic aspects: a positive aspect that focuses on freedom to participate in the decision-making processes of the group, and the negative aspect that considers an individual's freedom from governmental or social constraints.
2. Historically, liberty evolved first in its positive aspect. As such it included several basic political rights: the rights to vote, to hold office, to participate in making political decisions, to associate with others of like views, and to criticize the government. This kind of liberty was known first in ancient Athens under the leadership of Pericles in the 5th century B.C.
3. The positive concept of liberty is based on the realization that unlimited liberty would lead quickly to anarchy ?the law of the jungle and the triumph of the strong over the weak. There can be no civilized and just society without a social and legal order: As Hugo Grotius stated in On the Law of War and Peace (1625): "Ubi societas, ibi ius" (where there is society, there is law), and indeed the Romans understood this in their practical wisdom.
4. The positive concept of liberty admits the need for some compulsion, but law and order must be self-imposed. Democracy, or government based on the consent of the governed, is an expression of the positive concept of liberty. It is to be sharply distinguished from government without consent, or totalitarianism.
5. The second meaning of liberty ?the negative concept of absence of restraint
?is of more recent origin. Form the 16th century onward, liberty has been considered
mainly in its negative aspect as opposition to authoritarian prescriptions and
restraints in religion, government, or economics. In this it follows the philosophy
of "individualism" that found its first modern expression in the Renaissance
1. The enemies of liberty and our country should make no mistake: America remains engaged in the world by history and by choice, shaping a balance of power that favors freedom. We will defend our allies and our interests. We will show purpose without arrogance. We will meet aggression and bad faith with resolve and strength. And to all nations, we will speak for the values that gave our nation birth. -- Inaugural Address, January 20, 2001
2. Americans are a free people, who know that freedom is the right of every person and the future of every nation. The liberty we prize is not America's gift to the world; it is God's gift to humanity. -- State of the Union address, January 28, 2003
3. The advance of liberty is the path to both a safer and better world. -- Speech to UN General Assembly, September 21, 2004
4. The survival of liberty in our land increasingly depends on the success of liberty in other lands. The best hope for peace in our world is the expansion of freedom in all the world. -- Inaugural Address, January 20, 2005
5. America's belief in human dignity will guide our policies, yet rights must be more than the grudging concessions of dictators; they are secured by free dissent and the participation of the governed. In the long run, there is no justice without freedom, and there can be no human rights without human liberty. -- Inaugural Address, January 20, 2005
6. We are witnessing landmark events in the history of liberty. And in the coming years, we will add to that story. -- State of the Union address, February 2, 2005
It is expected that the Commander in Chief will promulgate seven or more categories of "General Presidential Amnesties" in regard to various activities which involve the rights of people in Taiwan.
(a) Court Jurisdictional Issues (It is to be expected that the following general guidelines will apply --)
1. Establishment of an Article 2 Court in the Taiwan cession
(A) A fundamental principle of international law is that, with few exceptions, a sovereign nation has exclusive jurisdiction to punish offenses against its laws committed within its borders.
(B) For a territory of the nature of the Taiwan cession, problems arise as
to the suitability of certain persons being made subject to the jurisdiction
of local Taiwan courts. In particular, it is clear that US citizens, whether
civilians or active duty US military personnel, cannot obtain their full Bill
of Rights protections in the local Taiwan judicial system. Moreover, further
difficulties arise when considering situations where the application of the
laws of the United States depend upon the law that is or was applicable on Taiwan
or compliance therewith.
(C.) With respect to the formation of such an Article 2 Court, to be named
the United States Court of Taiwan, (herein referred to as "the Court"),
an organization law will be announced separately.
(D) Importantly, for over fifty years, the President of Taiwan and all of his
advisors and Cabinet members have continued to stress that the "Republic of
China on Taiwan" is a sovereign nation, and that October 25, 1945 was "Taiwan
Retrocession Day." Legal scholars, university professors, editors and columnists
in the media, leaders of civic organizations, and court judges at all levels
have followed along with this line of reasoning. That many judicial decisions
in Taiwan have been based on this incorrect legal formulation cannot be denied.
In addition, many Taiwanese people and other affected individuals have often
complained that Taiwanese court decisions have not consistently recognized the
separation of powers between the judicial, legislative, executive branches,
etc., have been subject to outside influence, and in many cases have ignored
important international law precedent, especially in the area of human rights.
Based on these and other relevant factors, and with regard to the exercise of
United States administrative authority over Taiwan, the organization law of
the Court --
(E) If similar in-court mediation procedures as those mentioned above are desired
by the Taiwanese populace as a whole, the Taiwan citizenry should encourage
the Legislative Yuan to upgrade the relevant organizational laws for the local
court system in Taiwan.
2. Reference: Article 14 of the International Convention on Civil and Political
1. The New Taiwan dollar (NT$) shall continue in circulation. The emblems and
designs currently in use on paper currency and coins in the Taiwan cession reflect
the unique cultural heritage of the people in Taiwan. Any future revisions of
these designs shall be subject to the determination of the Taiwan governing
2. Taiwanese trade with other countries is currently conducted in US dollars.
This includes trade with the People's Republic of China.
3. While it is to be expected that US paper currency will come to be widely
used in all types of commercial activities in Taiwan, it is unlikely that US
coins will come into wide use in the short term. Hence, the use of the New Taiwan
dollar shall be fully acceptable for making change when payment is made in US
dollars in normal daily "domestic" transactions.
4. The decision of what role the United States government authorities will take in the operation and/or overseeing of Taiwan's Central Bank, and whether a change in the name of the "issuing authority" of the New Taiwan dollar is desirable, will be subject to negotiations between Taiwan's Central Bank and Ministry of Finance officials, the US Secretary of the Treasury, Secretary of Defense, members of the Congress, and the Commander in Chief.
5. Future decisions on whether the NT$ will be "pegged" to the US dollar or allowed to "float" will be subject to negotiations between Taiwan's Central Bank and Ministry of Finance officials, Secretary of the Treasury, members of the Congress, and the Commander in Chief.
1. The rights and responsibilities of all Taiwan island citizens, irrespective of sex, religion, ethnic origin, provincial origin, race, class, educational level, or party affiliation, shall be equal under the law.
2. Unequal treatment must be based on firmly established Taiwanese national
policy goals which have been approved by the Commander in Chief.
1. Changes to current Taiwanese laws regarding the ownership or possession of firearms, and all related matters, may only be made with the approval of the Commander in Chief.
1. The national flag currently in use in Taiwan is commonly regarded as the flag of, (or being very similar to the flag of) the Kuo Min Tang political party, a flag which was brought over from Mainland China by KMT forces during the Chinese Civil War period. These flags shall be taken down, folded, and returned to the local KMT office, party headquarters, or party representative in each town, village, county, or city. The returning of these flags shall be done in a respectful manner, during office hours. It is to be expected that the Commander in Chief will authorize the President of the Taiwan cession to treat any violation of the spirit of this instruction as an offense against public safety and public order. It is to be expected that the timetable for completion of this instruction will be six months.
2. The USA flag shall be flown 24 hours. There will be no flag raising or flag
lowering ceremonies on a daily basis. All other customs in regard to the USA
flag shall be observed, including the proper treatment of the flag and the proper
method of folding. It is appropriate that the USA flag be illuminated at night.
3. In the United States, in addition to the national flag, each state has its own flag. American Samoa, Guam, Puerto Rico, US Virgin Islands, and other insular areas all have their own flags. These are flown together with the national flag.
4. Exceptions to the "USA flag shall be flown 24 hours" stipulation -- The Kinmen and Matsu island groups shall continue to fly the ROC flag.
5. The President of Taiwan will be authorized to begin making plans for a design competition and selection of an appropriate flag for the Taiwan cession. It is to be expected that the timetable for the selection of an appropriate flag for the Taiwan cession will be two years.
6. Although by no means a fixed rule, there is a trend in the modern concept of "flag design" that flags should be reversible, so that they have a "front side" and a "rear side" which is equally appealing. At the same time, this design concept allows the flag to be silk-screened, for easy replication, and avoids the necessity of the flag having to be printed and sewn together. The Taiwanese people may want to consider these aspects when designing their new flag.
1. The flags of the Republic of China (ROC) and the People's Republic of China (PRC) should be treated with respect.
2. The flags of other countries, territories, self-autonomous regions, etc. should also be treated with respect.
1. Fund for Handling Other Liability Claims against the Taiwan Government or
the US Government
2. Definition of Liability
1. The US government will establish a fund to deal with all costs involved in US administrative activities over the Taiwan cession.
2. The source of monies for the fund will be determined by negotiations between the Taiwan governing authorities and the US government.
1. Reports covering under-utilization or non-utilization of land, buildings,
equipment, facilities, research papers, etc. will be known as "Idle Assets Reports."
2. After the review of each organization's Idle Assets Reports, the Executive Yuan shall coordinate with and direct these agencies and other subsidiary agencies to implement specific policies to increase the utilization of these assets.
1. In order to handle the rapid and effective formulation of new laws and revision of existing laws in a number of important areas, an additional independent legislative authority may be established under the Ministry of Justice.
2. The High Commissioner should overview the significant problems which have continued to exist in Taiwan over the past ten or more years, and consider how these relate to the current functioning of Taiwanese government departments and the Taiwanese legal structure. He/She should then promulgate a High Commissioner's Order with a full listing of the categories of matters over which a newly established MOJ independent legislative authority will have jurisdiction to formulate new laws and revise existing laws. A minimum of forty categories is recommended.
3. The Minister of Justice shall have the authority to convene an independent
legislative body to handle the formulation of regulations covering the above
activities. Organizationally speaking, this will be considered as a Branch (fen
yuan) of the existing Legislative Yuan, but specifically under the authority
of the Ministry of Justice.
4. Further details on the functioning of this independent legislative body
should be specified in its organizational law, and should include
5. The preliminary draft of an organization law shall be submitted to the High Commissioner for review and comments. After needed changes are made, the final draft shall be submitted to the High Commissioner for transfer to the Commander in Chief, for approval and promulgation.
6. The legal directives promulgated by this "Legislative Yuan, MOJ Branch"
shall have the force of law. They will come into effect after being signed by
the Taiwan President, in a similar manner to other legislative acts.
1. In regard to any orders, directives, directions, etc. of the Commander in Chief or the High Commissioner concerning Taiwan, no wording shall be construed as extending to the Taiwan governing authorities jurisdiction over the United States Government, any agency or division thereof, or any United States government employee, unless such specific authority has been conferred by the Congress of the United States.
2. The High Commissioner shall not be subject to subpoena by any investigative committees, or investigative agencies, of the Taiwan governing authorities.
3. The guarantee(s) in any orders, directives, directions, etc. of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Taiwan.
1. Additional instructions specifically related to the governance of the Kinmen and Matsu island groups will be given in Executive Orders and Presidential Directives.
1. A letter rogatory is a formal request from a court in one country to "the
appropriate judicial authorities" in another country requesting compulsion
of testimony, or documentary or other evidence, or to effect process service.
2. Up to the present time, judicial assistance has been provided the Taiwan governing authorities in response to letters rogatory from foreign courts in accordance with Taiwan's "Law Governing Extension of Assistance to Foreign Courts." Under Taiwan law, judicial assistance is required for the recognition of and enforcement of any foreign judgments, and normal service does not suffice.
3. For those persons currently listed in the records of the Taiwan governing
authorities as having household registration, or with any type of resident permit
(or certificate), process service should be made to the person's residence of
4. Other specifications regarding process service shall be conducted based on the specifications and/or spirit of 28 USC 1608.
5. The operations and enforcement of any laws or regulations which are in violation of the spirit of this instruction are suspended, effective immediately. Process service in a suit against the US Government, or any officials or agencies thereof, shall be made only with the approval of the US Secretary of State.
1. The operations of any and all government offices, or personnel, whether
in Taiwan or overseas, which deal with the administration of conscription matters
for new conscripts into the Taiwan military will be suspended.
2. The determination of whether the Taiwan cession needs to have a form of
volunteer military forces, and whether both males and females should serve in
those forces, will be made via consultations between the officials of the Pentagon,
the President of the Taiwan cession, the High Commissioner, the Commander in
Chief, members of Congress, and other officials as deemed appropriate.
3. It is noted that no unincorporated territories of the United States have
initiated their own mandatory military conscription policies, as such policies
would be in violation of their status under the federal dominion.
5. Based on anticipated future discussions with the Ministry of the Interior,
current active military personnel in Taiwan may be re-assigned to augment Police
forces at the city, county, or central government level, or to newly formed
or upgraded police corps (herein referred to as "specialized police corps")
such as airport police, aliens police, building police, chemical and radioactive
contamination police, commercial police, construction site police, crops protection
police, environmental police, food police, fire police, fresh air police, harbor
police, highway police, immigration police, industrial police, intellectual
property police, local market police, mountain police, river and navigation
police, sanitary police, slaughterhouse police, water reservoir and dam police,
etc. or to the Coast Guard Administration of the Executive Yuan, etc. in order
to better maintain public safety and social order. The Legislative Yuan should
take action to amend the necessary laws for the establishment of these specialized
police corps as appropriate.
1. Motherhood and childhood are entitled to special care and assistance. All
children, whether born in or out of wedlock, shall enjoy the same social protection,
and shall be entitled to the same opportunities for their physical and spiritual
development and their position in society.
2. The Minister of the Interior, in cooperation with the Executive Yuan, should make recommendations to the Legislative Yuan to amend any laws or regulations which are in violation of the spirit of this instruction, or which violate "internationally recognized human rights protections." Such laws should be revised within three months.
1. In accordance with Taiwan's interim status under the SFPT, the national anthem is the "Star Spangled Banner". As an equivalent to the national anthem, "God Bless America" is also recognized by the American people.
2. In addition, the people of Taiwan may also choose their own "anthem," in order to promote their unique cultural identity.
1. The Executive Yuan shall promulgate a full list of the names and addresses of the coordination agencies (xie tiao hui) in each locality which are to be in charge of receiving any and all complaints of Taiwan "island citizens," US citizens, and aliens, in regard to government officials' improper management of natural resources, including the rivers, lakes, forests, river banks, sea coasts, dams, reservoirs, etc. These coordination agencies should have direct and substantial contacts with the local or central government departments involved with environmental protection.
2. Taiwan has serious pollution problems. Less than 10% of the population is linked to sewage-treatment systems, and the polluted waterways and coastlines retard agricultural, recreational, and tourism development. Many difficulties in dealing with industrial waste treatment, disposal, and recycling continue to exist, despite the promulgation of the Waste Disposal Act in October 2001.
3. In Taiwan, zinc-carbon batteries have an approximately 65% market share, and alkaline batteries account for most of the remainder. However, less than 10% of all used household batteries are being recycled, and primarily by being exported to overseas facilities. Used household batteries principally go to incinerators, resulting in toxic air pollution that is easily preventable.
4. Further details on other forms of pollution and Taiwan's ranking in the Environmental Sustainability Index (ESI) will be detailed in a separate High Commissioner's Directive on educational policy, health matters, and environmental regulations.
1. ROC Passports of Taiwan "island citizens"
(B) Arrangements for renewal or replacement of ROC passports at Overseas Taiwan Representative Offices will be announced separately by the MOFA of the Taiwan cession or its successor department. Alternately, the renewal or replacement of ROC passports may be suspended upon the determination of the Taiwan governing authorities and/or US State Department.
2. New Design for "Taiwan cession Passport"
3. "Overseas ROC Passports" & Household Registration Matters
(B) Procedures regarding Taiwan passport application matters for single nationality holders of ROC passports who do not have household registration in the Taiwan area (herein referred to as "Type 2 single nationals"), and who are now physically present within the Taiwan territorial jurisdiction (not including the island groups of Kinmen and Matsu), shall be made by the US Secretary of State.
(C) For those Type 2 single nationals now physically present in Taiwan territorial jurisdiction who have overstayed their short-term or long-term visas, the decision of whether to announce a general amnesty will be made by the US Secretary of State.
(D) In regard to Type 2 single nationals now sojourning outside the Taiwan
territorial jurisdiction, and with full respect for their rights, two categories
must first be delineated:
(E) In regard to the implementation of this instruction, in any case where an unreasonable burden is placed on any "Type 2 national," application may be made with Taiwan's Ministry of the Interior for a review of the circumstances of any particular situation on a case by case basis. The Minister of the Interior shall have the authority to waive any legal requirements under Taiwanese law, excepting matters involving the criminal code, in handling the final disposition of such cases. The Minister of the Interior will make a final determination in each case, which will be binding on all parties concerned.
(F) Type 2 nationals who have a second nationality shall be referred to as
"Type 2 dual nationals." These persons
(G) The legal stipulation that there exists a "two-tiered" or "multi-tiered" categorization of citizenship (where some persons do not have "right of abode" anywhere inside the territorial jurisdiction) is offensive to American constitutional principles, and also in violation of a wide number of international covenants and declarations. For those Taiwanese "Type 2" nationals who do not hold citizenship in any other country, their status of being without residency rights anywhere within the territorial jurisdiction amounts to forced exile.
(H) The United Nations has promulgated or endorsed numerous covenants and declarations on how the legal rights of stateless individuals are to be handled in their location of domicile. Although these have not been ratified by all nations, nevertheless their provisions serve as excellent guidelines for actions by all governments, in the absence of more specific domestic legislation.
4. Issuance of "Type 2 national" Passports
5. With the recognition that Taiwan is unincorporated territory under USMG
and currently in interim status, the above procedures outline the approach which
the United States government may take with regard to "overseas Chinese" passport
matters and nationality matters.
1. In Chinese society, the history of petitioning high government officials for redress of grievances goes back thousands of years.
2. The Executive Yuan shall promulgate full guidelines outlining the proper
receiving agencies for the petitions of Taiwan "island citizens," US citizens,
and aliens, for the redress of grievances in regard to all categories of activities.
3. The Executive Yuan shall also make a determination, in cases where persons are petitioning for monetary compensation, whether the petitioner shall be required to show proof of having paid income tax in the Taiwan cession. The appropriate procedures for submitting such proof, as an attachment to the petition, shall be fully outlined.
4. It is expected that the residents of Taiwan will also look upon the High Commissioner as an appropriate person to receive many types of petitions of this nature. Indeed, the First Amendment to the US Constitution states that the Congress shall make no law abridging the right of the people to petition the Government for a redress of grievances.
5. After the Executive Yuan has promulgated its guidelines, and in order to
meet the expectations of the people, the High Commissioner shall promulgate
any additionally necessary guidelines, especially in reference to the function
and role of the High Commissioner's Office, related subsidiary agencies, fifty-state
agencies, and the US federal government.
1. The members of each of Taiwan's many political parties should treat each other with respect and dignity. It is expected that the President of Taiwan will be authorized to treat any violation of the spirit of this order as an offense against public safety and public order.
2. Political parties may continue to promote their own agenda for the finalization or upgrading of the Taiwan status, whether such agenda involves annexation to the PRC, Taiwan independence, a commonwealth arrangement with the United States (similar to Puerto Rico), a Chinese Economic Community (German: Gemeinschaft), Chinese Federation, or any other scenario. The promotion of such agenda is in accordance with the constitutional right to free speech.
3. The flags, emblems, or other unique designations of each political party may continue to be shown. This includes the KMT flag, and/or the ROC flag, which may continue to be used for the time being by those who desire to display it.
4. Any other relevant restrictions on the display of emblems, insignia, or other unique designations of any political parties may be announced by the Taiwan governing authorities as appropriate.
5. It is to be noted that under a democratic system of government, there is no proper claim that a particular "political party" equals the nation, or exclusively represents the nation. In fact, the nation is composed of the people. See further comments on "nation" and "nationhood" in separate High Commissioner's Directive dealing with terminology issues.
1. In order to avoid conflict of interest, the President of the Taiwan cession should not concurrently serve as Chairman, Vice-Chairman, or member of the Central Committee (aka "Central Standing Committee") of the political party of which he/she is a member. If the current President is in violation of this instruction, the timetable for his needed adjustment of status will be announced in the near future.
2. A similar rule shall also apply to the Vice President of the Taiwan cession. If the current Vice President is in violation of this instruction, the timetable for her needed adjustment of status will be announced in the near future.
1. In order to avoid conflict of interest, neither the President or Vice President of any of the Five Yuan, nor Ministers, Mayors, Vice-Mayors, County Magistrates, County Vice-Magistrates, City Councilpersons, County Councilpersons, or other high ranking government officials should serve in positions of authority, such as Chairman, Vice-Chairman, member of the Central Committee (aka "Central Standing Committee"), etc. in the political parties of which they are members, nor should they be employed in other professions.
2. Members of the Legislative Yuan who are currently involved as defendants in judicial suits in the Taiwan courts should not serve on the Judicial Committee of the Legislative Yuan. However, the Legislative Yuan may submit proposals for "categories of exceptions" to this rule to the Premier for approval. Upon approval by the Executive Yuan, these categories of exceptions should be submitted to the President of Taiwan for approval or veto.
3. If any high-ranking Taiwanese government officials are currently in violation of this instruction, the timetable for his/her needed adjustment of status will be announced in the near future.
1. The National Police Administration (NPA) and local police departments should
immediately upgrade all procedures, regulations, and guidelines regarding the
confidentiality, protection, and non-disclosure of the identities of witnesses,
informers, and other persons who report crimes.
2. The High Commissioner may review the actions of the NPA and other subsidiary or similar agencies at any time after six months and may establish a Board of Inquiry to deal with related matters if appropriate.
1. The Executive Yuan as well as each City and County government should designate, or newly establish, a Public Affairs Coordination Committee (PACC). This Committee shall assume responsibility for coordination of complaints by local residents, businesses, etc. regarding any and all types of public affairs, including the operations of government departments, the enforcement of government laws, regulations, and standards, and the protection of public safety.
2. Complaints of "selective enforcement" or "bottlenecks" in the enforcement
of laws and regulations should be directed to this Committee. In addition, this
Committee shall work to improve overall government efficiency.
3. In the event that a member of the public is not satisfied with the results obtained, decisions of local city/county government PACC may be appealed to the Executive Yuan's PACC. Decisions of the Executive Yuan's PACC may be appealed to the Coordination Bureau of the US High Commission in Taiwan.
4. Each PACC will have the power to subpoena parties to a dispute to appear for mediation. Persons who do not appear after being issued a subpoena shall be subject to fines according to a schedule to be promulgated by the Executive Yuan.
5. The Coordination Bureau of the US High Commission may at any time require that a representative from the Central Personnel Administration attend its coordination meetings and compile a report on the issues discussed and the remedial actions necessary.
6. Suggestions, petitions, etc. regarding any related matters should be directed to the appropriate Committee at each City or County Government, or to the Executive Yuan, No. 1 Chung Hsiao East Road, Section 1, Taipei 100, Taiwan.
7. Residents of the Kinmen and Matsu island groups should submit their suggestions, petitions, etc. directly to the Executive Yuan.
8. Matters regarding the protection of the environment should be handled by the coordination agencies (xie tiao hui) in each locality.
1. "Questionably Held Assets Reports" will designate reports covering property
(including land, buildings, equipment, facilities, etc.),
2. The Executive Yuan shall design appropriate forms for the reporting of such
assets, and may require various attachments or other forms of proof, or may
promulgate necessary additional instructions as appropriate. The Executive Yuan
3. The Executive Yuan should determine appropriate arbitration procedures for the resolution of any disagreements which arise in connection with the verification or disposition of any Questionably Held Assets.
4. Within the following six months, all organizations subject to the specifications given herein shall submit full reports to the Executive Yuan detailing the property under their jurisdiction or control which qualify as Questionably Held Assets.
5. After the review of each organization's Questionably Held Assets Reports,
the Executive Yuan shall implement appropriate procedures so that the occupants
or users are paying reasonable rental fees, for the present and the future,
etc., or demand other forms of compensation as appropriate.
6. Any claims of the United States against these Questionably Held Assets shall be subject to negotiations between the US State Department and the Taiwan governing authorities. The timetable for these negotiations will be announced separately.
1. The High Commissioner should immediately promulgate a Recall Law for the Taiwan cession.
1. Respect for Human Life: The Ministry of the Interior (MOI) shall establish
a Respect for Life Committee whose duties are to assume overall responsibility
covering the formulation and implementation of policies in the "respect for
life" area, including mistreatment, torture, neglect, abandonment, smuggling,
trafficking, battery, forced labor, capital punishment, euthanasia, prison over-crowding,
missing persons, adoption, abortion, surrogate motherhood, stem cell research,
therapeutic cloning, cryonics, child custody, reproductive rights, domestic
violence, abduction marriages, all types of exploitation, refugee and asylum
matters, lifestyle and sexual orientation matters, organ transplant availability
matters, social welfare assistance (or other assistance) for families suffering
hardship, long term care for invalids, rehabilitation issues, care for victims
of hit and run accidents, investigation into the relationships between ethics
and the criminal code, counseling and reparations for victims of violent crime,
2. Respect for Animal Life: All matters regarding the formulation and implementation of policies in the "respect for life" area for animals, including domestic animals or companion animals (raised by humans), wild animals (in the sky and on land,) farm animals, sea life, etc. are handled by Taiwan's Council of Agriculture (COA), which coordinates with city and county governments, and with the Environmental Protection Administration (EPA) as necessary. Health standards for packaged or canned pet foods also fall under the jurisdiction of the COA. Suggestions, position papers, petitions, etc. regarding all matters in the "Respect for Animal Life" area should be directed to the Council of Agriculture, No. 37 Nan Hai Road, Taipei 100, Taiwan. It is possible that the separate "Respect for Animal Life Committee" will be established under another Taiwanese government agency. See further comments in High Commissioner's Directive dealing with educational policy, health matters, and environmental regulations.
3. Respect for Plant Life: All matters regarding the improper treatment, handling, processing, etc. of fruit, vegetables, and other consumables, including chemical, fertilizer, and insecticide usage, are handled by the Council of Agriculture. Plant life in the wild, and issues regarding forestry management are the concern of the EPA, which coordinates with the Council of Agriculture as appropriate. Suggestions, position papers, petitions, etc. regarding all matters in the "Respect for Plant Life" area, including plant biodiversity issues, should be directed to the Environmental Protection Administration, No. 41 Junghua Rd., Section 1, Taipei 100, Taiwan. It is possible that the separate "Respect for Plant Life Committee" will be established as a joint task force of the COA and the EPA.
1. Any social groups, whether formally or informally organized, may continue to promote their own agenda for the finalization or upgrading of the Taiwan status, whether such agenda involves annexation to the PRC, Taiwan independence, a commonwealth arrangement with the United States (similar to Puerto Rico), a Chinese Economic Community (German: Gemeinschaft), Chinese Federation, or any other scenario. The promotion of such agenda is in accordance with the constitutional right to free speech.
2. As John Stuart Mill (1806 - 1873) stated: "If all mankind minus one were of one opinion, mankind would be no more justified in silencing that one person than he, if he had the power, would be justified in silencing mankind."
1. Within the following months, all laws shall be changed to enable stateless
persons within the Taiwan territorial jurisdiction to prove their stateless
condition according to reasonable standards, and to apply for residency rights,
and later "island citizenship" rights. The requirement that a stateless person
must produce a certificate of statelessness from the country in which he/she
is not a citizen will be subject to immediate suspension.
2. Article 16 of the Immigration Law will no longer be interpreted to mean that only stateless persons from Thailand, Indonesia, and Burma (Myanmar) are entitled to residency rights, and eventual "island citizenship" rights in Taiwan. Such an interpretation is in violation of international norms in dealing with stateless persons, and in violation of the provisions of relevant UN Covenants and Declarations.
3. Stateless persons, who have entered the Taiwan territorial jurisdiction illegally, shall be subject to the appropriate criminal penalties, after which they may apply for residency rights, and later "island citizenship" rights.
4. Stateless persons in Taiwan shall have the right to possess identification documents.
5. The stateless persons as spoken of in this sub-section are defined as being in the category of "stateless" and a sub-category of their country (or territory) of birth.
1. The "Legislative Yuan, MOJ Branch" shall do a complete study on the feasibility of adapting the format of the "United States Code" (USC) for use in Taiwan.
2. A preliminary report (in both English and Chinese) shall be submitted to the High Commissioner within six months. The final report and recommendations shall be submitted to the Attorney General of the United States (in English), with a copy to the Commander in Chief, within one year. Additional copies shall be submitted to the High Commissioner.
1. The tax code currently in place under the authority of the Taiwan governing authorities (herein referred to as "Taiwan tax code") will remain in place for the time being, except for certain categories of exceptions to be promulgated by the Commander in Chief.
2. The Taiwan tax code will be subject to further revision and updating in the future according to consultations between relevant Ministries of the Taiwan governing authorities, the Commander in Chief, High Commissioner, and other officials as appropriate, along with the advice of members of the US Congress.
3. By general law the Legislative Yuan shall prescribe and adopt a "Taxpayers'
Bill of Rights" that, in clear and concise language, sets forth taxpayers' rights
and responsibilities and government's responsibilities to deal fairly with taxpayers
under the laws of Taiwan.
1. At the most basic level, it should be remembered that Taiwan's international status is that of an "independent customs territory" under USMG.
2. The price of all transactions in Taiwan shall include the appropriate taxes.
3. The Legislative Yuan is urged to pass the necessary legislation, within the near future, for the strengthened enforcement of and penalties for violations.
1. The Ministry of Justice and the Ministry of Finance should cooperate to insure that immediate action is taken in regard to collecting all overdue tax monies owed by persons, companies, etc. in Taiwan.
2. The Executive Yuan should ensure that these two ministries have adequate staffing of personnel to carry out this instruction.
1. The seal of Taiwan shall be designed by public competition and used in connection with official matters. It shall be called the great seal of Taiwan.
1. President Clinton summarized the Three Noes during a trip to China in June 1998. He stated that: "We don't support (A) independence for Taiwan; or (B) 'two Chinas' or 'one Taiwan, one China'; and (C.) we don't believe that Taiwan should be a member in any organization for which statehood is a requirement."
2. The SFPT, the US Constitution, the One China Policy, the Taiwan Relations Act, the three USA-PRC joint communiques, the Six Assurances, and the Three Noes remain the cornerstones of US policy toward Taiwan and China.
3. Although scholars of Chinese history claim that China was first united under the Qin Dynasty, it is important to note that the maps of early dynasties such as the Qin (221 - 207 BC), the Han (206 BC - 220 AD), the Three Kingdoms (220 ?280), etc. and even up to the Ming Dynasty (1368 - 1644), do not include Taiwan. In fact, Taiwan does not appear on Chinese maps until the Qing Dynasty (1644 ?1911), and indeed Taiwan (Formosa) and the Pescadores were ceded to Japan in 1895 under the terms of the Treaty of Shimonoseki. This Treaty was ratified by the Qing Emperor.
4. The recognition that Taiwan was nominally ruled by the Qing Dynasty, however, does not mean that Taiwan was ruled by the Han people. The Taiwanese people are certainly aware of this distinction.
5. See detailed chart "Examination of Taiwan's Territorial Sovereignty and the ROC's International Legal Position" at http://www.taiwanbasic.com/notes/download.htm
1. USA citizens in Taiwan may be separated into two categories, depending on whether or not they concurrently hold Taiwan island citizenship.
2. For those USA citizens who are concurrently Taiwan island citizens, any identification documents issued to them by the Taiwan governing authorities should make clear their dual status.
3. For those USA citizens in Taiwan on a resident visa, the proper terminology for their identification document is "USA Citizen Resident Certificate." This may be abbreviated to USRC. Additionally, for those who have obtained permanent residency in Taiwan, the proper terminology for their identification document is "USA Citizen Permanent Resident Certificates." This may be abbreviated to USPRC.
4. According to statistics provided by Taiwan's National Police Administration,
5. In regard to the above mentioned statistics, two considerations should be
1. The Commander in Chief may ask the US Congress to pass special legislation
to facilitate the upgrading of the "Chinese nomenclature" of any and all Taiwanese
organizations, whether in the public or private sector, in regard to registration
matters in the United States, as well as in other countries, or international
organizations. This will include the facilitation of all procedures necessary
for the speedy changing of such terminology as "China," "Chinese," "Republic
of China," "Chinese Taipei," etc. to "Taiwan."
2. The President of the Taiwan cession, and Cabinet members, should decide what other matters need to be brought to the attention of the US Congress, and submit recommendations via the Office of the High Commissioner.
1. The US trade deficit with China reached US$125 billion in 2003. In 2004, this deficit rose to US$160 billion.
2. Specific steps should be implemented to decrease the size of this deficit.
1. In conjunction with the US Homeland Security Secretary's new port safety plan to protect the United States from possible dangers arriving on the container ships that enter the East, West, and Gulf coast harbors, as well as other harbors, it is now common practice that customs and border security officers are posted at major overseas seaports.
2. Kaohsiung Harbor is among the top twenty ports around the world that are included in the first phase implementation of this port safety plan.
1. The Commander in Chief may ask that the Director of the Centers for Disease Control and Prevention prepare a report on the feasibility of establishing a permanent office in the Taiwan cession.
2. Funding requirements shall be determined after coordination with the Taiwan governing authorities and Taiwan's CDC. Further details will be announced on the websites of these centers. See http://www.cdc.gov/ and http://www.cdc.gov.tw/
1. Liability for US federal taxes may be separated into categories. The first category might be delineated as "all US citizens residing in the fifty states." They are liable for US federal taxes. Among other categories, one category may be given as "the island citizens of the Taiwan cession." What exactly is their US federal income tax liability?
2. The Congress is vested with power "to lay and collect taxes" under Article I, Section 8, of the US Constitution, and via the Sixteenth Amendment. However, reference is made to the November 1997 report of the General Accounting Office "US Insular areas -- Application of the US Constitution," page 37, which states: "The Congress has authority to impose income taxes on the worldwide income of US citizens and corporations, including income from the insular areas. However, federal individual and corporate income taxes as such are not currently imposed in the insular areas." For Taiwan, this interpretation complies with Taiwan's status as an independent customs territory.
3. The Commander in Chief may ask the Director of the US Internal Revenue Service to make additional formal pronouncements on this matter, and/or restate existing rules.
1. In regard to travel by Taiwan "island citizens" to Washington, D.C. the fifty states, and US insular areas, and after discussions between the US Secretary of State, the Commander in Chief may urge the US Immigration and Naturalization Service to promulgate new regulations regarding US visas and US naturalization procedures for Taiwan "island citizens."
2. No special consideration for the inhabitants of the Kinmen and Matsu island groups will be included in these new regulations however.
1. The appropriate Police authority and other Taiwanese government agencies should take immediate action to compile a full accounting of unregistered factories and businesses in every city and county.
2. It is being recommended that Taiwan upgrade or newly establish various specialized police corps to better maintain public safety and social order.
3. Appropriate counseling and advisory services should be initiated so that
unregistered factories and businesses are brought into compliance with all relevant
laws and regulations regarding their operations at the earliest possible date.
The full registration of all organizations and business is the responsibility
of the Taiwan governing authorities.
(a) USA ?PRC Bilateral Communiques
1. In accordance with the three bilateral communiques, there is only One China and Taiwan is to be a part of it. The finalization of the political status of the Taiwan Question is between the Taiwan governing authorities and the PRC which is also diplomatically recognized as the lawful government of China.
2. Until this peaceful finalization of the Taiwan cession under the terms of the San Francisco Peace Treaty (SFPT), the ceded sovereignty of Taiwan remains in the trust of the United States Military Government (USMG). As long as the final political status of the Taiwan cession is undetermined as noted in the Truman Statement of June 27, 1950 and legally affirmed by SFPT, it is protected by basic civil rights as a treaty cession under the Taiwan Relations Act.
3. While this interim status condition under SFPT persists there is no "Taiwan Republic," nor any "One China, One Taiwan," nor "Two Chinas," nor "a divided Chinese nation."
4. It is clear that the actual implementation of the relevant specifications of the bilateral communiques regarding Taiwan's envisioned future status will amount to a "One China" finalization of SFPT Article 2(b). Until that time, the dominion of the PRC does not extend over the Taiwan cession as it is also qualified as being in interim status as "unincorporated territory under USMG" by US Senate ratification and entry into force of the SFPT on April 28, 1952.
1. As re-explained in the US State Department's April 21, 2004, Congressional testimony regarding Taiwan and China, the United States' foremost concern is in maintaining peace and stability in order to advance US interests, spare the region the dangers of war, safeguard Taiwan's democracy, and promote China's constructive integration into the global community as well as the spread of personal freedom in China.
2. As of the Fall of 2004, the United Nations has failed to act upon repeated
petitions (applications) for Taiwan's entry into the UN for the twelfth straight
year, despite Taiwanese claims that such actions violate the spirit of the UN
3. The United States is opposed to any unilateral moves by either Taiwan or China to change the political status quo in the region. This would include any moves toward military coercion by the PRC, or any moves toward self-determination by Taiwan. While the development of democracy in Taiwan is praiseworthy, at this time, a unilateral move toward independence will avail Taiwan of nothing it does not already enjoy in terms of democratic freedom, autonomy, prosperity, and security. At the same time, such a move could lead the PRC to a dangerous, objectionable, and foolish response, which would be destructive to both sides' interests.
4. The comments of President Truman in his March 12, 1947, Message to Congress
stressed the duty of the United States to combat totalitarian regimes worldwide:
(a) Art Objects, Ownership of
1. The Taiwan governing authorities have in their possession many art objects and cultural property which were brought over from Mainland China during the Chinese Civil War period and its aftermath.
2. Disputes between the Taiwan governing authorities and the PRC officials over the true ownership of these art objects and cultural property should be subject to the appropriate international arbitration procedures conducted under the guidance of experts in the fields of art history, law, ethnology, sinology, etc.
1. In conformity with the spirit of the World Health Organization's directives to promote healthy food and healthy lifestyles, the consumption of cao mi (brown rice), pei ya mi (germinated rice), and quan mai mian fen (whole wheat flour) should be encouraged.
2. Notably, the consumption of cao mi (brown rice), ian mai (oats), qiao mai
(buckwheat), etc. have been proved more effective in stabilizing blood sugar
levels than the consumption of white rice.
1. It is recommended that the Taiwanese consider re-dedicating the CKS Memorial Hall in Taipei as a "One Hundred Taiwanese Heroes Memorial Hall."
2. Selections of famous persons to be commemorated in this Hall may be solicited from the general public.
1. It is noted that in the United States the concept of "civil society" does
not exclude aliens.
2. It is also noted that in the United States, so called "civil rights" extend
to all persons, and by no means exclude aliens.
3. In light of the above, the term "members of the public" must be interpreted
to include all persons physically present, and cannot be held to only include
those with local citizenship.
1. Congress has the duty to provide for the common defense, as per Article I, Section 8, of the US Constitution.
2. It is noted that the War Department was established in 1789, and this was reorganized as the Department of Defense in 1949. No territories of the United States maintain their own separate military forces (army, navy, marines, and air force in particular) or separately impose mandatory military conscription policies over the local populace, as such matters are the responsibility of the US federal government.
3. The organization of the US Department of Defense is specified in 10 USC 111 et. seq.
1. Procedures and regulations should be established to avoid conflict of interest situations in the business, government, and other sectors of the economy.
2. The Executive Yuan should establish a committee to receive complaints regarding
violations of this instruction. This may be called the Conflict of Interest
Committee or some other appropriate title.
3. Taiwanese government officials (current or retired) should not attend banquets,
gatherings, retreats, rallies, meetings, or other functions sponsored or organized
by persons or groups over which they have (or had) administrative authority.
4. As James Madison said: "No man is allowed to be a judge in his own cause, because his interest would certainly bias his judgment, and, not improbably, corrupt his integrity." (Reference: Federalist Paper #10, November 22, 1787.) Additionally, Thomas Jefferson stated: "When a man assumes a public trust, he should consider himself as public property."
1. A five-year coral reef monitoring project conducted by the Taiwanese Coral Reef Society under the Council of Agriculture's Fishery Administration ended in December 2004. By analyzing coral reefs at twenty-seven monitoring sites, researchers found that the reefs are threatened by destructive fishing practices, poorly-designed tourist areas, and global climate change.
2. Data on the status of Taiwan's coral reefs were given to the UN for its report on the world's coral reefs in July 2004. The report, entitled the "Status of Coral Reefs of the World: 2004," attributed the damage to coral reefs off Taiwan's coasts to over-fishing, overdevelopment in coastal areas, waste-water pollution, soil degradation and mudslides, bad habits of recreational divers, and other factors.
3. Taiwan needs to implement coral reef conservation programs at an early date.
1 The western system of dates shall be used, in compliance to the dating system
now used in the PRC, the United States, and indeed commonly throughout the world.
The Republic of China date numbering system begun in 1912 shall be discontinued.
The timetable for completion of this order is six years.
1. The display of election-related flags, banners, emblems, etc. should be limited to one's own private property.
2. Such flags, banners, emblems, etc. should not be indiscriminately placed in public areas.
1. The United States government makes a wide variety of health information
available on the internet. Taiwan island citizens are encouraged to use the
following online resources.
1. The appropriate Taiwanese government department should review the dates of all holidays currently observed in the Taiwan area. Unnecessary holidays should be cancelled. In addition, discussion should be undertaken to determine the feasibility of declaring Independence Day to be a public holiday. In the United States, Independence Day is traditionally celebrated on July 4.
2. Some notice of Cession Day (April 28) should also be made, although this does not necessarily have to be a public holiday.
1. In Taiwan, all government departments, agencies, organizations, etc. and all organizations which receive government funding should strive to implement internationally recognized "best practices" in all fields of activity.
2. In particular, all government departments should review the implementation of laws under their authority to determine if any provisions are in violation of any relevant international conventions, international codes of practice, or other accepted international norms. Complaints, suggestions, etc. on relevant matters may be submitted by the public at large to the office of the head of any relevant Taiwanese government agency.
3. Taiwanese government departments, or other organizations as mentioned above, should file reports with the High Commissioner on their compliance with this sub-section according to the appropriately promulgated "Update Schedule."
4. In recent years, the White Papers, issued by the American Chamber of Commerce
in Taipei, have outlined numerous problems with different Taiwan government
agencies failing to follow internationally recognized "best practices." Among
the committees reporting serious problems were the Agro-Chemical Committee,
Banking Committee, Capital Markets Committee, Chemical Manufacturers Committee,
Construction Committee, Environmental Protection Committee, Insurance Committee,
Intellectual Property & Licensing Committee, Medical Devices Committee,
Pharmaceutical Committee, Tax Committee, Telecommunications Committee, and Transportation
5. All Taiwanese government departments, or other organizations as mentioned above, should acquaint themselves with the recommendations of local industry groups, chambers of commerce, other NGOs, etc. in order to better implement internationally recognized "best practices" in all fields of activity.
1. The law of war is derived from two principal sources:
2. The law of war is considered jus cogens ("compelling law") and binding on all nations.
3. Military occupation is not annexation, the difference between the two being originally expounded upon by Emmerich de Vattel in The Law of Nations (1758). The portions of the law of war which particularly relate to military occupation may be called the law of occupation.
4. Singular and plural forms are generally interchangeable, i.e. the law of war may be rendered "laws of war," and the law of occupation may be rendered "laws of occupation."
1. Marine conservationists from all over the world have argued for many years that the Taiwan governing authorities have consistently refused to make marine conservation a serious issue on their agenda. Reported conditions such as water pollution from industrial emissions, raw sewage, chemical waste, low-level radioactive waste, illegal dumping of trash, and large-scale modification of shoreline habitat continue to pose a serious threat to marine populations all around the island.
2. Several international NGO agencies have reported to the International Whaling Commission and the US Marine Mammals Commission expressing concern that Taiwan is in imminent danger of experiencing a total collapse of its fisheries. Neighboring nations continue to make complaints to the international monitoring bodies in regard to the illegal Taiwanese vessels caught illegally fishing in their waters. Still, the Taiwan governing authorities have traditionally been reluctant to give fisheries management a high priority on their agenda.
3. Although the Wildlife Conservation Law passed in 1989 was designed to be comparable to the regulations of CITES, the marine mammal populations of Taiwan continue to suffer. A wide variety of unmonitored civilian and military activities have further contributed to the depletion of Taiwan's dying fish stocks. Specific actions to eliminate the illegal trade of endangered species and protect depleting marine mammal populations should be undertaken by the COA's Department of Conservation and all other relevant agencies.
4. The International Cetacean Bycatch Taskforce and the Society for Marine Mammalogy's Scientific Advisory Committee defines "bycatch" as "the undesired catch of marine species by fishing that are thrown back dead or dying." Reports compiled by experts on international cetacean research and conservation committees over the last ten years have produced estimates of about 25,000 to 40,000 cetaceans (whales, dolphins, and porpoises) being killed per year by driftnet fishery off the east coast of Taiwan. Longline does kill a few cetaceans but nowhere close to the levels killed by gillnets especially drifting gillnets (aka driftnets). The World Conservation Union's Cetacean Specialist Group's Action Plan 2002-2010 (regional project 4) recommended that the cetacean bycatch by Taiwanese fisheries needs to be investigated seriously, scientifically, and urgently.
5. It should be noted that environmental violations to the extent of those
in Taiwan could result in enforcement of the Pelly Amendment again. In the past,
Taiwan has been cited for their neglect and has had the Pelly Amendment enforced
upon them. Taiwan's refusal to participate in international efforts of conservation
only serves as an embarrassment to the people of Taiwan.
6. An overview of the "Fishermen's Protective Act" and Pelly Amendment
(22 USC 1971-1979) is provided as follows. The Pelly Amendment authorizes the
US President to prohibit the importation of products from countries that allow
fishing operations that diminish the effectiveness of an international fishery
conservation program or that engage in trade or taking that diminishes the effectiveness
of an international program for endangered or threatened species.
7. Reference is also made to the Marine Mammal Protection Act (MMPA) 16 USC 1361 - 1389. In the USA, the MMPA is the main regulatory vehicle that protects marine mammal species and their habitats in an effort to main sustainable populations. In doing so, the statute outlines prohibitions, required permits, criminal and civil penalties, and international aspects in addressing marine mammals.
8. Fishing is a valued part of Taiwan's heritage that shall be forever preserved
for the people and shall be managed by law and regulation for the public good.
1. The term "military" is used in many senses in English. Among the most important of these are: (1) Characteristic of or associated with soldiers; (2) Of, or pertaining to armaments, or to war; (3) Of, relating to, or characteristic of members of the armed forces.
2. Commonly used antonyms are "civilian" and "non-military."
3. Notably, President Harry S. Truman stated: "If there is one basic element in our Constitution, it is civilian control of the military."
1. Since the end of WWII, the people in Taiwan have recognized a "national father."
2. The national father of the United States of America is George Washington. The Chinese people have a great respect for Sun Yat-sen (Sun Zhong-shan). In Chinese-speaking communities under the American flag, either or both shall be deemed acceptable. This corresponds to the general rule that territories with a large degree of self-autonomy and their own unique cultural characteristics are free to designate their own national father.
3. Nevertheless it must be recognized that technically speaking the "Taiwan nation" does
not yet fully exist under international law, hence certain persons may maintain that Taiwan has no
need to designate a separate "national father." This topic is certainly worthy of discussion.
4. Importantly, upon reaching the podium or stage, the American people do not bow to the portrait or bust of the national father, nor to the national flag. In regard to the cultural norms of Chinese-speaking communities under the American flag, whether such bowing is appropriate before reaching the podium or stage should be a subject offered for discussion among experts on international etiquette.
5. The birthdays of the two important people mentioned above are noted as follows:
1. Taiwan has promulgated five digit postal codes, and has taken more active efforts to promote these in 2005. Many consumers and businesses however still only use three digit postal codes. The American Chamber of Commerce in Taipei has consistently recommended that these five digit codes be expeditiously and comprehensively implemented in order to provide easy identification of street addresses. It is also recommended that postal code numbers should be included on (A) street signs, and (B) address plates on buildings.
2. Reports in the 2004 and 2005 AmCham White Papers stressed that: " . . . . The complex nature of Taiwan street addresses (with their alleys, lanes, streets/roads, and sections), coupled with the existing inconsistencies in the rendering of English translations, greatly increase the difficulty faced by delivery companies in sorting import shipments."
3. Whether the current five-digit postal codes presently in use in Taiwan are to be further adjusted, or are to be modified to a nine-digit sequence, or some other sequence, will be subject to the determination of the United States Postal Service (USPS), in consultation with the Taiwanese postal authorities.
4. Postal codes in the United States are called ZIP codes. The word ZIP is an acronym for "Zoning Improvement Plan". The USPS officially adopted the Zone Improvement Plan in 1963.
5. In addition to the United States Armed Forces in the Pacific, some comparative
ZIP code data for other areas in the Pacific Ocean which are under the administrative
authority of, or in free association with, the United States, is provided as
follows. (Two letter geographic abbreviation are in parentheses: )
6. Regarding the establishment of a uniform standard for translations of street names, see further comments on Hanyu Pinyin in "Romanization" sub-section.
7. In many countries in North America and Europe, for the intersections of
streets (roads, avenues, etc.) running north and south, or east and west, it
is common to refer to the four corners by the terminology of "northwest corner,"
"northeast corner," "southwest corner," and "southeast corner." In Taiwan however,
such terminology is largely unused by local Chinese speaking persons.
1. We are now in the 21st century. Representatives of the print media, the
government, cultural organizations, and other affected groups should hold a
Convention to establish one standard for the printed format of Chinese text,
whether it be left to right, right to left, top to bottom, some other direction,
or a combination of directions, for the printed page. Newspaper, magazine, and
other printed content should conform to this standard, and advertisements should
conform as well. Additionally,
2. A standard for the handwritten page should also be established. The standards for the printed page, the handwritten page, etc. need not necessarily be the same.
3. In Taiwan, students' school uniforms generally are embroidered with a name and a number. Since the number is to be read left to right, the name should also conform to this standard.
4. The Ministry of Education shall be in charge of the details relevant to convening such a Convention. After the Convention, a Committee may be formed to handle implementation details. This may be called the Language Direction Standard Committee or some other appropriate title.
5. It is noted that as of January 1, 2005, the style of "writing" in Chinese for official Taiwanese government documents and correspondence has been established as "left to right."
1. The High Commissioner should appoint a panel of experts to research previous
administrations (pre-1945), and to determine what policies were successfully
instituted, and what methodology met with wide popular approval, for the governance
2. The recommendations of this panel should be offered to government and private sector organizations at all levels in order to help them improve their performance, upgrade standards, and develop more cultural sensitivity.
3. The costs for the operations of this panel should come from private and public sector contributions. After five years, this panel may later be re-organized as a foundation in Taiwan, with its own Board of Directors, if adequate funding and other support is available.
1. The Taiwan governing authorities should take active measures to research
all social, economic, environmental, educational, crime-prevention and other
policies which have proved successful in other countries.
1. The international standard for the romanization of Mandarin Chinese is Hanyu
Pinyin and this is recognized by all the countries of North America, by the
PRC, the United Nations, and the majority of European nations. The standard
for romanization of Mandarin Chinese in the Taiwan cession shall be Hanyu Pinyin,
in conformity with the United Nations standard, the USA standard, the International
Organization for Standardization (ISO) standard, the PRC standard, the One China
Policy, and the spirit of the three USA-PRC joint communiques.
2. In late 2000, the ECCT surveyed its members on the issue of romanization
and found that almost every respondent supported Hanyu Pinyin. Among the comments
collected (as reported in Euroview magazine) were:
3. There will be no strict requirement that person's names on passports or
other personal identification documents be adjusted to conform to Hanyu Pinyin
however, since this would place an unreasonable burden on the populace.
4. With recognition of the above instructions, the standards for the romanization of Chinese names on Taiwan cession passports issued under United States administrative authority should be announced by the Taiwan governing authorities at an early date, including a full statement of what exceptions will be allowed, and the documentation required.
5. Schools of all levels, as well as foundations, social organizations, companies,
in the private sector, etc. should coordinate to change the spelling of any
Chinese romanization in their names to the Hanyu Pinyin standard within six
years. Preliminary applications should be filed within twelve months. Applications
should be filed with the relevant central government agency or other appropriate
government office. The Taiwan governing authorities
6. The use of the thirty-seven Chinese phonetic elements, the so-called bo po mo fo, for teaching Chinese in the schools, or for indicating pronunciation in written or printed materials, may be continued. The invention of these is generally attributed to Wu Zhi-hui (1865 ?1953).
7. In addition, the Taiwanese postal authorities shall promulgate a full listing
of all Taiwanese place names, (including cities, counties, and other geographical
units, as well as road and street names) in Hanyu Pinyin for the reference of
1. The San Francisco Peace Treaty (SFPT) was ratified by the United States
Senate and came into effect on April 28, 1952, with the United States as principal
occupying power. The US Constitution, Article VI, provides that:
2. As was said by Chief Justice Marshall in United States v. The Peggy, 5 U.S. 103 (1801): "Where a treaty is the law of the land, and as such affects the rights of parties litigating in court, that treaty as much binds those rights, and is as much to be regarded by the court, as an act of Congress." And in Foster v. Neilson, 27 U.S. 253 (1829), he repeated this in substance: "Our Constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision." So again in Whitney v. Robertson, 124 U.S. 190 (1888): "By the Constitution a treaty is placed on the same footing, and made of like obligation, with an act of legislation. Both are declared by that instrument to be the supreme law of the land, and no superior efficacy is given to either over the other."
3. Japan signed the SFPT and recognizes its validity. In relation to the Taiwan
status question, the following articles of SFPT are particularly important:
4. The Chinese-Japanese Peace Treaty (aka "Treaty of Taipei") between the Republic of China and Japan came into effect on August 5, 1952, and is a subsidiary treaty as authorized by SFPT Article 26. Japan signed the Chinese ?Japanese Peace Treaty and recognized its validity as an SPFT-authorized subsidiary treaty, which is subject to the restriction that its terms and conditions cannot be interpreted to exceed those of the SFPT.
5. The Chinese-Japanese Peace Treaty was abrogated by the Japanese government on September 29, 1972, upon the establishment of formal diplomatic relations with the People's Republic of China. The SFPT continues in force.
6. In General Douglas MacArthur's General Order No. 1 of September 2, 1945,
the senior Japanese commanders and all ground, sea, air and auxiliary forces
in Formosa were directed to surrender to Chiang Kai-shek's Republic of China
military forces. Military government is in effect in Taiwan as of October 25,
1945, the actual date of surrender. The position of the USMG, as principal occupying
power, is clarified more fully by Articles 4(b) and 23 of the SFPT.
1. Current textbooks will continue to be used. Taiwan's Ministry of Education and book publishers in the private sector should draft plans for the updating of teaching materials as appropriate. The timetable for such teaching material revisions will be announced by the Ministry of Education.
2. The rights of Chinese persons and native inhabitants (indigenous peoples, aborigines) of the Taiwan cession to receive instruction in their own language, or dialect, should be the subject of negotiation between Ministry of Education authorities and representatives of the various linguistic groups.
3. The provisions of this sub-section shall not immediately apply to the Kinmen and Matsu island groups.
1. The Taiwan governing authorities should put specific policies in place to promote modern Taiwanese culture.
2. Interaction between the people in the cities and the countryside should be actively promoted.
1. Temperatures in Taiwan are typically given in the Celsius scale. The use of the Fahrenheit scale is largely unknown.
2. The Taiwanese may of course continue to use the Celsius scale. There shall be no requirement that corresponding Fahrenheit conversions be listed, although any companies, organizations, etc. are free do so if they feel it desirable.
1. In Taiwan, USA citizens may be referred to as "mei guo ben tu gung min"
(citizens of the original USA nation), or other appropriate terminology, for
2. In dealing with legal registration matters in Taiwan, the practice of adding the prefix "mei shang," (USA company), "fa shang" (French company), "de shang" (German company), etc. in front of the company or organization name shall continue.
1. The right of trial by jury is not currently considered to be a "fundamental constitutional right" which is available to the "island citizens" of US unincorporated territories.
2. In Dorr v. United States, 195 U.S. 138 (1904), the Supreme Court held that
the Sixth Amendment right to trial by jury and the Fifth Amendment right to
indictment by grand jury " . . . . are not fundamental in their nature, but concern
merely a method of procedure." Some additional decisions that are also described
as Insular Cases are:
3. At the present time, American Samoa has no specific provision in its Revised Constitution or local law regarding a right to indictment by grand jury, and federal law has not extended this right. Nor does Puerto Rican law provide a right to grand jury indictment.
4. Original references from the US Constitution are as follows:
1. Article IV, Section 3 of the US Constitution states that the Congress shall
have power to dispose of and make all needful rules and regulations respecting
the territory or other property belonging to the United States. Indeed, numerous
Supreme Court decisions have held that the Constitution confers absolutely on
the government of the Union, the powers of making war, and of making treaties;
consequently, that government possesses the power of acquiring territory, either
by conquest or by treaty.
2. In Dorr v. United States, 195 U.S. 138 (1904), the Supreme Court held that: "The limitations which are to be applied in any given case involving territorial government must depend upon the relation of the particular territory to the United States, concerning which Congress is exercising the power conferred by the Constitution. That the United States may have territory, which is not incorporated into the United States as a body politic, we think was recognized by the framers of the Constitution in enacting the article already considered, giving power over the territories, and is sanctioned by the opinions of the justices concurring in the judgment in Downes v. Bidwell, 182 U.S. 244, 21 S.Ct. 770, 45 L.Ed. 1088 (1901)."
3. In Balzac v. Porto Rico, 258 U.S. 298 (1922), the Supreme Court delineated what should and should not be considered in determining whether a territory is "incorporated" into the Union. Simply put, the Court resolved that "incorporation is not to be assumed without express declaration, or an implication so strong as to exclude any other view."
4. Unincorporated territories are also called insular areas. The pre-existing five major insular areas and their approximate population figures are given as follows ?American Samoa: 68,700; Northern Mariana Islands: 77,300; Guam: 163, 940; US Virgin Islands: 123,500; Puerto Rico: 3,863,150.
5. Taiwan comprises the sixth major insular area, with a population of approximately
23,000,000, and a per capita GNP of approx. US$ 13,000. If considered in terms
of the 192 countries commonly recognized worldwide, the economic entity of Taiwan
would rank approximately as #41 in terms of population, and #25 in terms of
per capita GNP.
6. According to the United States Census of April 2000, the population of the United States stood at 281,421,906. The House of Representatives has 435 members. The Senate has 100 members.
7. The High Commissioner should issue Directives to outline relevant legal considerations regarding energy, environment, and conservation issues, civil rights issues, women's rights, agricultural policy, abuses of the current work permit system and appropriate remedies, the upgrading of financial regulations, fire safety codes, national security procedures, vehicular & traffic regulations, weights & measures standardization, etc., as well as for improving the accountability of Taiwanese government employees, dealing with health issues, taxation & representation, political correctness, social correctness, religious freedom, holiday scheduling, educational reform, and other related concerns in the Taiwanese multicultural environment.
8. Kinmen and Matsu were not included in the terms "territorial" or "territories,"
as specified in Article 6 of the USA-ROC Mutual Defense Treaty of March 3, 1955.
From the standpoint of international law, whether these island groups should
be considered as an integral part of the Taiwan cession is open to debate.
1. As models of constitutional law, the US Constitution and the German Basic
Law should be placed on the Judicial Yuan website and the Ministry of Justice
website both in English and in Chinese for the reference of all island citizens.
2. Whether the Constitutions of other countries should be placed on the above mentioned websites both in English and in Chinese for the reference of all island citizens shall be subject to the negotiation between the relevant officials of the Taiwan cession and the officials of those countries.
3. Whether the German Basic Law shall be made available in the original German
on the above mentioned websites, or a link established to a German version on
some other website, shall be subject to the negotiation between the relevant
officials and legal scholars of the Taiwan cession and the Federal Republic
1. Reference is made to the November 1997 report of the General Accounting Office "US Insular areas: Application of the US Constitution," page 31, which states: "Although residents of the insular areas cannot vote in presidential elections, [many] ..... of the larger insular areas participate in the nominations process, which is governed by party rules and local law rather than the Constitution."
2. Definitions (from US Department of State Foreign Affairs Manual: 7 FAM 1514)
1. The metric system is commonly used in Taiwan but it is used inconsistently.
In particular, there are other local units of measurement such as the "Taiwan
kilo" and other variations. Additionally, there are certain types of merchandise
which are labeled in lbs. and ounces. Everything should be standardized to the
metric system. Where this is not possible, such as in the case of pre-labeled
merchandise imported from the USA, then conversions to the metric system should
be noted on, or attached to, the wrapper. The timetable for implementation of
this order is three years.
2. When discussing real estate matters in Taiwan, area measurements are generally
given in the unit of the "ping," which is not metric but Japanese. This unit
of measurement continued to be used in Taiwan after the end of the Japanese
colonial period. As many people know, a Japanese straw mat is called a "tatami,"
and is standardized in size, with two tatamis equal to one ping. Hence, an apartment
which is specified as 40 ping, will fit eighty tatamis. Or we may say that one
ping equals 35.583 square feet, which equals 3.305 square meters. In any event,
the metric system is the international standard, and when the unit of the "ping"
is used, the square meter calculation should also be clearly indicated.
1. In Chinese-speaking society, it is common practice for women to retain their surnames after marriage, and to continue using the maiden surname with the prefix "Miss." This is also codified in Article 1000 of the Taiwanese Civil Law.
2. Although this practice is different from the norm in the United States, Canada, and many European countries, it does represent the long standing custom of the people in Taiwan, hence it may certainly be continued according to local preference.
3. A surname is the name used to identify the members of a family, and as such
has a clear and significant relationship to a particular set of family members
spread over different generations. However, for US citizens or foreigners who
adopt a Chinese name, their Chinese surname has no such clear and significant
(a) Cross-Strait Discussions
1. China's unification policy, articulated in the 1993 White Paper, has four major principles: (A) one China, (B) one country, two systems, (C.) a highly autonomous Taiwan, and (D) peaceful negotiation. The specification of "peaceful negotiation" is predicated on Beijing's assertion that "everything is negotiable within the framework of One China."
2. Successive White Papers have explained, comprehensively and in detail, China's principles on Deng Xiaoping's idea of peaceful reunification, "one country, two systems" and President Jiang Zemin's eight-point proposal, which includes the following lines of reasoning: (1) Adherence to the principle of one China is the basis for the development of cross-strait relations; (2) China does not challenge the development of non-governmental economic and cultural ties by Taiwan with other countries; (3) China proposes that talks be initiated on officially ending the state of hostility between the two sides of the Taiwan Strait under the principle of one China; (4) China's not undertaking to give up the use of force is directed against the schemes of foreign forces to interfere with China's reunification and to bring about the "independence of Taiwan"; (5) efforts should be made to expand the economic exchanges and cooperation between the two sides of the Taiwan Strait and strive for the realization of the direct "three links" ; (6) people on both sides of the Taiwan Strait should inherit and carry forward the fine traditions of the Chinese culture; (7) the lifestyle of the Taiwan compatriots and their wish to be the masters of their destiny must be respected and their legitimate rights and interests be protected; and (8) leaders of the Taiwan authorities are welcome to pay visits in appropriate capacities, and Jiang Zemin is also ready to accept invitations from the Taiwan side to visit Taiwan.
3. Chinese officials have stressed that the thinking at the core of Jiang Zemin's eight-point proposal is that "adherence to the principle of one China" is the political foundation for the development of cross-strait relations and the realization of peaceful reunification, and it stresses that Taiwan is an inalienable part of the Chinese territory; hence the Chinese leadership firmly opposes the creation of "two Chinas" or "one China, one Taiwan" and "Taiwan independence". In recent years the Taiwan authorities have advocated "divided and separate rules," demanded the recognition of "two equal political entities" or "two parallel international legal entities"; and have asserted that "the Republic of China is in Taiwan". The Chinese leadership maintains that the essence of all these propositions and statements of the Taiwan governing authorities is in permanently dividing China's sovereignty and territory, and this cannot be allowed.
4. Addressing a meeting held in Beijing to commemorate the 10th anniversary of former Chinese President Jiang Zemin's speech entitled "Continuing to endeavor for the accomplishment of the grand cause of reunification of the motherland", Jia Qinglin, who is Chairman of the National Committee of the Chinese People's Political Consultative Conference (CPPCC) and also a member of the Standing Committee of the Political Bureau of the Central Committee of the Communist Party of China (CPC), made a number of important remarks on January 29, 2005. Jia said that though the two sides of the Taiwan Strait are not yet reunited, the fact has never changed that both the mainland and Taiwan belong to one and the same China. "This is the status quo in cross-Strait relations," he added.
Jia stipulated that in regard to Taiwan, the Chinese Mainland will continue endeavoring to promote the resumption of cross-Strait dialogue and negotiations on the basis of the one China principle and has no bias against any particular person to talk to, nor will hesitate to talk just because some one has come to power. "What the mainland is concerned about is his policies and his attitude towards the existing basis of cross-Strait negotiations. Regardless of his past rhetoric and actions, as long as he starts now to unequivocally recognize the 1992 consensus that upholds the one China principle, the cross-Strait dialogue and negotiations could resume right away, and any matter could be put on the table," Jia further clarified.
5. A timetable for preliminary discussions on the subject of Taiwan's expected "unification with the PRC," between the governing authorities in Taiwan and the PRC officials, should be set. This is in line with the specifications of the Shanghai Communique of 1972.
6. Discussions on the opening of the three links between Taiwan and the PRC should be re-started. All relevant negotiations should be actively pursued.
7. A timetable for discussions of all other matters of interest between the governing authorities in Taiwan and the PRC officials should be set by the authorities involved. All discussions should be held in an atmosphere of mutual respect, sincerity, and friendship.
1. According to the provisions of the three USA-PRC joint communiques, the final status of Taiwan will be as a Self Autonomous Region (SAR) of the Peoples Republic of China, in accordance with the one-country two systems model. As stated in China's 2000 White Paper: "The Chinese government upholds the basic principle of 'peaceful reunification, and one country, two systems' for settling the Taiwan issue, carrying forward the eight propositions on the development of relations between the two sides of the Taiwan Strait and the promotion of the peaceful reunification of China."
2. President Jiang Zemin's 1995 speech on the Taiwan issue expounded the essence of Deng Xiaoping's concept of "peaceful reunification, one country, two systems." On that occasion, President Jiang put forward the eight-point proposition for advancing cross-strait relations and promoting peaceful reunification of the "motherland."
3. As stated by George W. Bush in a speech on November 19, 1999, "American foreign policy must be more than the management of crisis. It must have a great and guiding goal: to turn this time of American influence into generations of democratic peace."
4. It is expected that the current United States administration, and future administrations, will continue to have dialogue on "peaceful reunification, one country, two systems" with relevant PRC officials.
As President Bill Clinton clarified in a speech on June 11, 1998: " . . . . we also know that how China evolves inside its borders will influence how it acts beyond them. We, therefore, have a profound interest in encouraging China to embrace the ideals upon which our nation was founded and which have now been universally embraced -- the right to life, liberty and the pursuit of happiness; to debate, dissent, associate and worship without state interference. These ideas are now the birthright of people everywhere, a part of the Universal Declaration of Human Rights. They are part of the fabric of all truly free societies.
"We have a fundamental difference with China's leadership over this. The question we Americans must answer is not whether we support human rights in China -- surely, all of us do -- but, rather, what is the best way to advance them. By integrating China into the community of nations and the global economy, helping its leadership understand that greater freedom profoundly serves China's interests, and standing up for our principles, we can most effectively serve the cause of democracy and human rights within China."
President Clinton further emphasized that "Over time, I believe China's leaders must accept freedom's progress because China can only reach its full potential if its people are free to reach theirs."
The Five Principles of Peaceful Coexistence were drawn up by the PRC and India in 1954, and contained in the joint communique issued by Premier Zhou Enlai of China and Prime Minister Jawaharlal Nehru of India. These include: (A) Mutual sovereignty and integrity respected, (B) Non-aggression, (C.) Non-interference, (D) Equality and mutual benefit, (E) Peaceful co-existence.
As norms of relations between nations, these Five Principles have become widely recognized, promoted, and accepted throughout the world.
On June 28, 2004, during a conference in Beijing commemorating the 50th anniversary of the Five Principles of Peaceful Coexistence, Chinese Premier Wen Jiabao said China would always put development on the top of its agenda, and stated that a successful running of China is in itself a major contribution to peace and development of humanity.
"China will continue to pursue an independent foreign policy of peace, and dedicate itself to developing friendly relations and cooperation with all countries," Premier Wen said.
"China will open still wider to the outside world on the basis of equality and mutual benefit, while engaging in economic and technical cooperation with other countries with greater scope and depth. China will vigorously participate in multilateral diplomacy and play a constructive part at the United Nations and other international and regional organizations,?he further clarified.
1. The Office for Taiwan Affairs under the Central Committee of the Communist Party of China and the Taiwan Affairs Office of the State Council issued a statement on Cross-Strait Relations on May 17, 2004.
2. The statement issued strong warnings to advocates of Taiwan independence
from pursuing their separatist agenda. The Taiwan Affairs Office offered detailed
analysis as follows:
(B) No matter who holds power in Taiwan in the next four years, as long as
they recognize that there is only one China in the world and both the mainland
and Taiwan belong to that one and same China, abandon the "Taiwan Independence"
stance and stop the separatist activities, then, Cross-Strait relations can
hold out a bright prospect of peace, stability and development along the following
(C.) If, however, the Taiwan leaders should cling to their "Taiwan independence" position and their separatist "one country on each side" stance, the aforementioned prospect will not come true. What is more, hopes for peace, stability, mutual benefit and a win-win scenario in Cross-Strait relations will evaporate.
3. The United States adheres to a One China Policy, and the People's Republic to a One China Principle, both of which oppose Taiwan independence. See further comments in the "Three Noes" sub-section.
4. As Richard Nixon stated in his first inaugural address on January 20, 1969: "The greatest honor history can bestow is the title of peacemaker. This honor now beckons America—the chance to help lead the world at last out of the valley of turmoil, and onto that high ground of peace that man has dreamed of since the dawn of civilization."