Recently, there has been continuing discussion among various social groups in the Kaohsiung and Taichung areas about possibility of the US government authorizing the issuance of ID cards for native Formosans. Apparently some overseas Taiwanese persons in the USA have been actively making liaison with various US government agencies, and obtaining the necessary “go-ahead” permissions.
According to what these people in Kaohsiung and Taichung have heard from these overseas Taiwanese in the USA, a US government approved “manufacturer” of such ID cards has already been found, and the necessary software coordination has been obtained. In other words, the ID cards will be high-tech, and will include a memory chip of some sort which is fully compatible with the “readers” at all US Customs locations. The cards with the indication of “TW” will indicate that the holder is a native Taiwanese. The wording of “Republic of China” will of course not appear on either the front or the back.
The ID cards will be differentiated according to the ancestry of the applicant. Two primary differentiations will exist: (1) those whose ancestors were already holding Household Registration in Taiwan as of Sept. 2, 1945 (the date of the signing of the Japanese surrender documents on the USS Missouri in Tokyo Bay), indicated by the abbreviation “TW,” and (2) all other persons who currently hold Household Registration in Taiwan, indicated by some other two-letter abbreviation.
Apparently the legal basis for the issuance of these ID cards is the undisputable fact that Taiwan is territory “acquired” by the United States under the principle of conquest, and which has never been transferred to any other nation/country by any international treaty.
More specifically, as of April 28, 1952, the legal basis for the jurisdiction of the “United States Military Government” (USMG) over the Ryukyu Island group was Article 4(b) of the San Francisco Peace Treaty (SFPT). Interestingly, the same Article gives USMG jurisdiction over Taiwan.
As everyone knows, the ROC is not a signatory to the treaty, and cannot gain any rights or benefits under the treaty. Hence, under international law, the ROC cannot claim ownership of Taiwan.
Taiwan (aka “Formosa and the Pescadores”) was sovereign Japanese territory until Japan renounced all right, claim, and title in the SFPT. Accordingly, when the Republic of China moved its central government to occupied (Japanese) Taiwan in December 1949, it became a government in exile.
The following explanatory excerpt was taken from civil-taiwan.org/six-mistakes.htm –
[color=#0040FF]Governmental authority over occupied territory is called military government. THEREFORE An area under military government is occupied territory.
Article 4(b) of the SFPT gives a U.S. federal agency, the United States Military Government, disposition rights over the Japanese territory of Taiwan. [/color]
US Supreme Court cases dealing with the territorial cessions of Louisiana, the Virgin Islands, Puerto Rico, California, New Mexico, etc. have confirmed that “disposition rights over territory” include disposition rights over the people thereon.
Initially, the advantage for a native Formosan in holding such a US-approved “Taiwan ID card” will be relaxed requirements for obtaining a US visa. However, the details of this are still being negotiated.
At any rate, I am starting this new thread in the Taiwan Politics Forum with the hope of eliciting some intelligent discussion on the pros and cons of the issuance of such ID cards in Taiwan. Or perhaps other members of the forumosa.com community have heard of related developments, and would like to add their comments to this discussion.
I have also found a number of related threads in the Taiwan Politics Forum. The following are representative –
Legally speaking, Is Formosa US territory by conquest?
ROC is a government-in-exile
Obama camp downgrades the Republic of China
viewtopic.php?f=89&t=73565&start=30
