The Ministry of the Interior has been making plans to issue new ROC ID cards for more than a year. In connection with the new procedures, the Council of Grand Justices has recently ruled that compulsory fingerprinting is unconstitutional.
However, a much more serious issue has been left unclar-ified. What is the legal basis for the ministry to issue ROC ID cards at all?
As has been noted in many Liberty Times (Taipei Times' sister newspaper) editorials, Oct. 25, 1945, only marked the beginning of the military occupation of "Formosa and the Pescadores." There was no transfer of sovereignty on that date. The announcement of Oct. 25, 1945, as "Taiwan Retrocession Day" is the big lie on which all other lies frequently promoted in Taiwan (or at least, those regarding the legitimacy of the ROC) are based.
The Nationality Law (國籍法) was originally promulgated in February 1929, but at that time Taiwan was part of Japan.
The representatives of Chiang Kai-shek (蔣介石) arrived in Taiwan in mid-October 1945, at the direction of General Douglas MacArthur. They proclaimed Oct. 25 as "Taiwan Retrocession Day" and in the following months made numerous statements that the Taiwanese people were being naturalized en masse as "Republic of China citizens."
However, to institute naturalization procedures over civilians in occupied territory is a war crime. For the Taiwanese people to be bona fide ROC citizens, two conditions would need to be met. First, the post-war treaty would have to award sovereignty of Taiwan to the ROC and second, there would have to be a law passed regarding these mass-naturalization procedures, after the peace treaty came into effect on April 28, 1952. In fact, neither of these two conditions was met.
British foreign secretary Anthony Eden, in a written statement dated Feb. 5, 1955, affirmed that "In September 1945, the administration of Formosa was taken over from the Japanese by Chinese forces at the direction of the Supreme Commander of the Allied Powers; but this was not a cession, nor did it in itself involve any change of sovereignty."
Considering that Japan renounced the sovereignty of "Formosa and the Pescadores" in the San Francisco Peace Treaty, but that sovereignty of these areas was not awarded to the ROC, one could easily claim that there is no legal basis for the issuance of ROC ID cards to Taiwanese persons at all.
When will the "pro name-rectification" governing-party legislators in the Legislative Yuan wake up to this fact and demand that the Council of Grand Justices rule on this legal matter?
With a Taiwan contingency increasingly more plausible, Taiwanese lobbies in Japan are calling for the government to pass a version of the Taiwan Relations Act (TRA), emulating the US precedent. Such a measure would surely enable Tokyo to make formal and regular contact with Taipei for dialogue, consultation, policy coordination and planning in military security. This would fill the missing link of the trilateral US-Japan-Taiwan security ties, rendering a US military defense of Taiwan more feasible through the support of the US-Japan alliance. Yet, particular caution should be exercised, as Beijing would probably view the move as a serious challenge to
As the Soviet Union was collapsing in the late 1980s and Russia seemed to be starting the process of democratization, 36-year-old US academic Francis Fukuyama had the audacity to assert that the world was at the “end of history.” Fukuyama claimed that democratic systems would become the norm, and peace would prevail the world over. He published a grandiose essay, “The End of History?” in the summer 1989 edition of the journal National Interest. Overnight, Fukuyama became a famous theorist in the US, western Europe, Japan and even Taiwan. Did the collapse of the Soviet Union mark the end of an era as
During a news conference with Japanese Prime Minister Fumio Kishida in Tokyo on Monday, US President Joe Biden for the third time intimated that the US would take direct military action to defend Taiwan should China attack. Responding to a question from a reporter — Would Washington be willing to get involved militarily to defend Taiwan? — Biden replied with an unequivocal “Yes.” As per Biden’s previous deviations from the script of the US’ longstanding policy of “strategic ambiguity” — maintaining a deliberately nebulous position over whether the US would intervene militarily in the event of a conflagration between Taiwan and
Will the US come to the defense of Taiwan if and when China makes its move? Like most friends of Taiwan, I’ve been saying “yes” for a couple decades. But the truth is that none of us, in or out of government, really know. This is precisely why we all need to show humility in our advice on how Taiwan should prepare itself for such an eventuality. After all, it’s their country, and they have no choice but to live with the consequences. A couple weeks ago the New York Times published an article that put this reality in stark relief. As