TAIWAN HISTORY

Chiang Kai-shek's troops are transported to Taiwan on U.S. ships and aircraft, and the Japanese surrender ceremonies are held Oct. 25th. ROC military officers make the announcement of “Taiwan Retrocession Day,” saying the annexation of Taiwan to China has been completed de facto and de jure. Under the internationally recognized laws of war however, this day only marks the beginning of the military occupation of Taiwan. The U.S. military authorities take no action to rescind this illegal ROC announcement.

ROC military officers issue an order naturalizing all native Taiwanese persons as “ROC citizens.” This is direct violation of the laws of war with respect to the proper treatment of protected persons in occupied territory. The U.S. military authorities take no action to rescind this illegal ROC military order.

The ROC Constitution comes into force Dec. 25. The U.S. military authorities take no action to stop the implementation of this new legal code in occupied Taiwan territory.

Communist forces led by Mao Zedong defeat Chiang Kai-shek's Nationalists, driving more than two million ROC loyalists to Taiwan. (Of note is that under the laws of war, mass immigration into occupied territory is illegal.) Chiang sets up a government in exile in occupied Taiwan and vows to "recover the mainland." The People's Republic of China (PRC) is founded in the mainland on Oct. 1st. The ROC in Taiwan begins mandatory military conscription over native Taiwanese males, in direct violation of the laws of war with respect to the proper treatment of protected persons in occupied territory.

The San Francisco Peace Treaty (SFPT) comes into effect April 28. Japan renounces all right, claim, and title to Taiwan, but no "receiving country" is designated. Taiwan remains as occupied territory, with United States Military Government jurisdiction over Taiwan as per Article 4(b), and the USA as "the principal occupying power" as per Article 23(a). No clauses of the SFPT can be interpreted to authorize the operations of a “Republic of China” government structure in Taiwan, or the use of the ROC Constitution. However, President Eisenhower takes no action ordering the ROC to disband or disperse, thus more fully establishing the ROC as the proxy occupying force of Taiwan, conducting a military occupation on behalf of the United States. On August 5, Sino-Japanese Peace Treaty (Treaty of Taipei) recognizes that Japan has renounced all rights to Taiwan in the SFPT.

In October, President Eisenhower remarks that: "Technically, Formosa and the Pescadores are not under Chinese sovereignty. The Chinese Nationalists are living in a privileged sanctuary."

The U.S. negotiates with the ROC government in exile on Taiwan to conclude a Mutual-Defense Treaty. The treaty comes into force on March 3rd. The U.S. Senate announces that the content of this treaty are not to be interpreted as recognizing Taiwan as part of the ROC’s national territory.

The decision in Sheng v. Rogers (D.C. Circuit, Oct. 6, 1959) confirms that Taiwan is not a part of the ROC’s national territory.

The ROC government in exile on Taiwan is expelled from the United Nations and the “China” seat is given to the PRC.

The US and PRC authorities issue a Shanghai Communique on Feb. 28, expressing support for a “One China Policy.” The Japanese government abrogates the Treaty of Taipei Sept. 29.

International travel restrictions for most native Taiwanese persons are lifted. The nomenclature of "Chinese Taipei" is adopted by the ROC government in exile to participate in a wide variety of international organizations, sporting events, associations, councils, etc. The U.S. breaks diplomatic ties with the ROC government in exile as of Jan. 1st, and stresses its adherence to a "One China Policy." The Taiwan Relations Act, a domestic law of the United States, is passed by the U.S. Congress.

Native Taiwanese people wishing to travel overseas continue to be issued passports identifying them as citizens of the Republic of China. U.S. Executive Branch officials take no action to call for a thorough review of the legal basis for the use of the ROC Constitution in Taiwan, the issuance of ROC passports to native Taiwanese people, and the continuing mandatory military conscription of Taiwanese males into the ROC military.

After thirty-eight years, martial law ends in July 1987.

Lee Teng-hui becomes the ROC government in exile's first native Taiwanese President, and democratic reforms begin to be implemented.

First democratic elections for members of the Legislative Yuan are held since WWII.

President Lee disregards the historical and legal reality by saying that the PRC and the ROC on Taiwan enjoy a "special state-to-state relationship." Lee fails to comprehend that under international law there are no methods, procedures, or actions which can legitimatize a government in exile to become the internationally recognized legal government of its current location of residence.

Democratic Progressive Party (DPP) candidate Chen Shui-bian, also a native Taiwanese, is elected President, ending more than 50 years of Kuomintang rule of the ROC.

President Chen defines the status quo as "One country on each side of the Taiwan Strait," ignoring the fact that Taiwan has been occupied territory since Oct. 25, 1945, and "Military occupation does not transfer sovereignty." He and the other members of the DPP fail to grasp the legal reality of the principal - agent relationship between the USA and the ROC. In Taiwan, the USA is the principal occupying power, and the ROC is only a proxy occupying force, in addition to being a government in exile.

Kuomintang (KMT) candidate Ma Ying-jeou, born in Hong Kong, is elected President.

In the decision of Roger C. S. Lin et al. v. United States of America, the court held that “America and China's tumultuous relationship over the past sixty years has trapped the inhabitants of Taiwan in political purgatory. During this time the people on Taiwan have lived without any uniformly recognized government. . . . . . Native Taiwanese people have essentially been persons without a state for almost 60 years.” No U.S. Executive Branch officials or members of the Congress take any actions to remedy the court’s findings in regard to these long standing human rights problems.

In March and April, massive street protests take place in the capital of Taipei, as students and other concerned citizens express their anger against the KMT’s legislative actions to increase the speed of Taiwan’s economic integration with the PRC, open up Taiwan to much larger numbers of PRC immigrants, and allow more PRC students to study in Taiwan with scholarships and other subsidies. The Taiwan public is also infuriated by the KMT’s announced plans to speed up the construction of the fourth nuclear power plant without adequate safety guarantees.