Do you know that Taiwan is US territory?
The Taiwan Relations Act does not recognize the Republic of China as having any authority to issue passports to native Taiwanese persons.
Why is the Taiwan Relations Act a domestic law of the USA ?
Because Taiwan is a Type 1 Insular Area of the USA
Taiwan was not awarded to the ROC in the Senate-ratified San Francisco Peace Treaty of 1952.
Powell said: " Taiwan does not enjoy sovereignty as a nation."
We agree. Taiwan is not Chinese territory. Legally speaking, native Taiwanese persons are not ROC citizens!
Oct. 25, 1945 was not "Taiwan Retrocession Day" Native Taiwanese persons should be holding US national passports. The ROC on Taiwan is a subordinate occupying power and government in exile. The ROC Ministry of Foreign Affairs should move to Kinmen and Matsu
Let Taiwan return to its original post-WWII legal position. Fully clarify the legal relationship between the USA and Taiwan ! Support the One China Policy: Taiwan is Taiwan , and China is China ! USMG should recommence its legal operations in Taiwan
During the period of WWII in the Pacific, all attacks against targets in the four main Japanese islands and (Japanese) Taiwan were conducted by US military forces. With reference to authoritative commentary on the US Constitution' s "territorial clause" (Article 4, Section 3, Clause 2) going back to the early 1800's, this means that Taiwan has been acquired by the United States under the principle of conquest. The disposition of Taiwan territory must then be done according to the laws of war. This will mean that the United States is the (principal) occupying power, and United States Military Government will begin its jurisdiction upon the surrender of Japanese troops. As we know, the actual handling of the military occupation of Taiwan was delegated to Chiang Kai-shek (aka the Chinese nationalists or ROC government). October 25, 1945, was not Taiwan Retrocession Day, but only the beginning of the military occupation of Taiwan .
In the post-war peace treaty, the territorial sovereignty of Taiwan was not awarded to the ROC government. Hence, Taiwan remains under the authority of the United States Military Government until finalization of political status. Numerous US Supreme Court cases have affirmed that for a territorial cession, United States Military Government (USMG) does not end with the coming into force of the peace treaty, but continues until legally supplanted by a US government recognized civil government structure. (A very early reference is the 1853 case of Cross v. Harrison.) Article 4(b) of the San Francisco Peace Treaty (SFPT) confirms that USMG authority over Taiwan is active.
To date, however, there has been no official US government proclamation of the end of USMG administrative authority over Taiwan . Contrastingly, after the Spanish American War, USMG in Cuba , Puerto Rico, the Philippines , and Guam were all ended by formal proclamation.
Article 23 of the SFPT confirms that the United States is the "principal occupying power." Legal relationships arise from this fact, and not from a consideration of "what troops accepted the surrender".
As native inhabitants of an overseas territory under the jurisdiction of the United States , Taiwanese persons are entitled to "fundamental rights" under the US Constitution (see the 1901 case of Downes v. Bidwell.) Included in these are the Fifth Amendment provisions that no person shall "...be deprived of life, liberty, or property, without due process of law...."
Former Secretary Powell has already confirmed that Taiwan does not enjoy sovereignty as a nation. In fact, Taiwan is a territory under the jurisdiction of the United States . The ROC on Taiwan is merely a subordinate occupying power and government in exile.
The "liberty" of the Fifth Amendment includes the right to travel, and the right to travel includes the right to obtain a passport. According to the Dept. of State's Foreign Affairs Manuals and existing US Supreme Court precedent, Taiwanese persons are entitled to hold " US national non-citizen passports" in a similar fashion to the inhabitants of other US overseas territories after their acquisition.
See details on our court case -- http://www.civil- taiwan.org/ usca.htmCuba , Puerto Rico, the Philippines , Guam, and Taiwan were all acquired by the United States in an identical manner. The United States was the conqueror, and the (principal) occupying power, and there was a relinquishment of sovereignty by the "original owner" in the post-war peace treaty. These five areas all are (or were) insular areas of the United States . Taiwan 's relationship to the United States is identical.