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?
For China observers, especially those in Taiwan, the past decade has brought awareness of an increasing obsession by the Chinese Communist Party (CCP) with control. It seeks to control not simply national policy, but all aspects of its citizens’ lives. Not a week passes without some new aspect of Chinese life being brought under CCP control. This forces obvious questions: Why this obsession? And what is driving it? When any one-party state, which already controls government, yet seeks to expand and tighten that control, it bodes ill. With a country the size of China, it bodes ill for Taiwan, Asia and the
Taiwan is now entering a period of maximum danger from the Chinese Communist Party (CCP) and its People’s Liberation Army (PLA) due to an accelerating Chinese military challenge now emboldened by a shocking dive in American strategic credibility occasioned by its humiliating withdrawal from Afghanistan. This means there is a much higher chance that in the next one to three years CCP leader Xi Jinping (習近平) may order the PLA to invade Taiwan because he believes the PLA can win and that the Americans can be dissuaded from coming to Taiwan’s aid in time. It is still possible for Taiwan and Washington
Another year, and another UN General Assembly is convening without Taiwan. Today marks the opening of the assembly’s 76th session at the UN headquarters in New York City, with the option to attend remotely because of the COVID-19 pandemic, which once again promises to be its main focus under the theme “Building resilience through hope.” As they do every year, the Ministry of Foreign Affairs and overseas compatriot groups are organizing campaigns to call for Taiwan’s participation in the global body. However, unlike previous years, Taiwan seems to be riding a higher wave of support than usual. The pandemic has exposed countless shortcomings
In an op-ed on Friday, Chen Hung-hui (陳宏煇), a former university military instructor, applauded the government’s efforts to reduce the “supply, demand and harm of cannabis.” (“Cannabis use booms on campuses,” Sept. 10, page 8). Chen recounted a story of a boy who partied with the “wrong crowd,” smoked cannabis and died. This story cannot be true, because cannabis is not deadly. Consuming too much can feel mighty unpleasant, but it will not kill a person. This fact is not only backed up by science and statistics from the US Centers for Disease Control, but is well-known in countries where cannabis