2009年9月28日 星期一

the Republic of China government was in exile

Taipei Times - archives: "Roger Lin (林志昇), a member of the Taiwan Civil Rights Litigation Organization, said last week that his organization was sponsoring legal action for Chen and demanding full respect for his civil rights and his immediate release.

Lin said that Chen had declared himself an “agent” of the US government during his eight-year presidency and that the Republic of China government was in exile because Taiwan remains under the US Military Government as per the 1952 San Francisco Peace Treaty."
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  1. insular-tw2009年10月9日 清晨7:21

    The basic logic of Dr. Lin's court actions, as I understand it, is as follows:

    1) Oct. 25, 1945, was the beginning of the military occupation of Taiwan. "Military occupation does not transfer sovereignty." (Taiwan remained as sovereign Japanese territory until given up in the San Francisco Peace Treaty effective April 28, 1952.)

    2)The ROC is exercising delegated administrative authority for the military occupation of Taiwan, in other words it is a "subordinate occupying power." The United States of America is the principal occupying power.

    3) The Jan. 12, 1946 military order which authorized a "mass naturalization" of native Taiwanese people as ROC citizens was illegal under international law.

    4) When the ROC moved its central government to occupied Taiwan in Dec. 1949, it became a government in exile.

    5) International law does not recognize any procedures, actions, or methods whereby a government in exile can become "the legally recognized government of its current locality of residence."
    See --http://www.taiwankey.net/dc/rocexile-ex.htm

    CONCLUSIONS: (1) The Republic of China is not the legitimate government of Taiwan. (2) The Republic of China will never be recognized as the legitimate government of Taiwan by the world community.

    I believe that the above is the basic logic of Lin's legal strategy, and I believe it is sound.

    Here is some additional data - http://www.taiwanbasic.com/court/tinte.htm

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