Historical Development of the Legal Status of the Republic of China on Taiwan. Part #1.
3) Taiwan, however, having come under Japanese rule in 1895, was not part of the ROC in the early years of the 20th century.
4) Hence, at the most basic level, up through the early 1940's, the Republic of China was recognized by the world community as the sole legitimate government of China. This we will designate as the ROC's "Status in China #1."
5) Many Chinese people like to point out that "The Republic of China has been a sovereign independent nation since 1912." This is arguably true, however we must not forget that Taiwan was not a part of the ROC in early years of the 20th century. It was Japanese territory.
4) The United States' position as the "principal occupying power" in the administration of Taiwan may be directly derived from an analysis of General Order No. 1 of Sept. 2, 1945.
5) Although the surrender ceremonies in Taiwan on Oct. 25, 1945, were ostensibly conducted on behalf of the Allies, the ensuing military occupation of Taiwan was conducted on behalf of the principal occupying power -- the United States of America.
6) Following the acceptance of the surrender of Japanese forces in Taiwan by the representatives of Chiang Kai-shek's government, Taiwan remained de jure Japanese territory. The ROC government occupied Taiwan on behalf of the principal occupying power pending a peace treaty with Japan, which would change the legal status of Taiwan. In other words, the surrender ceremonies for Japanese troops did not signify any transfer of Taiwan sovereignty to the ROC.
7) Hence, as of Oct. 25, 1945, the Republic of China, in addition to being recognized as the sole legitimate government of China, has taken on an additional role as a subordinate occupying power in the military occupation of Taiwan. This we will designate as the ROC's "Status in Taiwan #1."
9) Nevertheless, the United Nations recognized the Chiang Kai-shek's ROC government in exile as the sole legitimate government of China up through late 1971.
The United Nations never recognized the Republic of China as the legal government of Taiwan.
(In other words, "Taiwan" is only a geographic term, and "Taiwan" has never been a member of the United Nations.)
10) Then on Oct. 25, 1971, United Nations Resolution 2758 expelled the representatives of Chiang Kai-shek from the United Nations and all related organizations, and recognized the representatives of the Government of the People's Republic of China as the only lawful representatives of China to the United Nations.
11) From the mid 1930's to December 31, 1978, the United States recognized the ROC as the legal government of China. At no time during this time period did the United States recognize the ROC as the legal government of Taiwan.
12) Hence, as of January 1979, the ROC was no longer recognized by the leading countries of the world community as the legal government of China. In Taiwan the ROC is fulfilling the dual roles of (a) a subordinate occupying power, beginning Oct. 25, 1945, and (b) a government in exile, beginning December 1949.
In the post-World War II period up to today, no affirmative actions of the US government ever terminated the United States' jurisdiction over Taiwan.
The members of Congress should be encouraged to thoroughly investigate the legal status of Taiwan under the US Constitution.
Author: Formosa Nation Legal-strategy Association (FNLA)