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Home Editorials of Interest Articles of Interest Taiwan passport & nationality

Taiwan passport & nationality

There are two Koreas in the world today they are the South Korea and the North Korea but we have not heard of one Korea policy at all although they are looking for a unified nation. Furthermore, before the East/West German merged as one today there was not one German policy neither the North/South Vietnam. Why is there a one China policy that bothered Taiwan people to face it? Isn’t it funny and weird there is none claiming one USA, one Japan, one France or one Russia why China keeps asking for one China?  Obviously, there is more than one that’s why they are hunger for the only one.

Yes, after WWII China exploded a civil war and the ROC leaded by Chiang Kai-shek was defeated by PRC leaded by Mao Zedong and kicked out of China. CKS and his followers escaped to Taiwan as the political refugee but they were recognized by the United States as the Chinese exiled government on behalf the whole China and sat in the United Nations until October 25, 1971 they were expelled under the UN Resolution 2758.

CKS’s followers, the KMT members claimed the sovereignty of Taiwan by twisting the General Order No. 1 claimed that the allied transferred Taiwan to ROC on September 2, 1945. They simply don’t understand the No.1 order was given to CKS not ROC and the sovereignty is never owned by any individual it will only be transferred from government to government under the authorization of a peace treaty. Ma Ying-jeou said yes under the Taipei Treaty Article IV Japan voided all Sino-Japan treaties prior to December 9, 1941 and Taiwan’s sovereignty transferred to China accordingly. But, that’s not true because the same treaty Article V said it only retroacted back to September 7, 1901 it did not touch the Shimonoseki Treaty signed in 1895 which the Qing Emperor perpetually ceded Formosa and the Pescadores to Japan.

Paradoxically, ROC does not own the sovereignty of Taiwan but own Kinmen and Matsu. The complicated is ROC not an independent nation but still holding the sovereignty of Chinese land Kinmen/Matsu and ruling over Taiwan. When Taiwan wears the gown of ROC, PRC claims that’s mine. ROC’s officials always identify themselves as representatives of Taiwan whenever they travel in oversea, but inside Taiwan they hold the banner of ROC. And, when they meet official from China’s Taiwan Affairs Office the ROC flag will be disappeared automatically. That means whenever Taiwan put on the ROC jacket is a dead end street destined to desperation no chance. That’s why the US Taiwan policy always employs the three communiqué to deal the China issue for PRC/ROC and the Taiwan Relation Act to deal with the Taiwan issue for USA/Taiwan to distinguish the complication of Taiwan and China.

However, the US’s one China policy is always twisted to one China principle by PRC and ROC both claiming Taiwan is part of China. They both agree with the 1992 consensus and “one China, respective interpretation” but ROC has never been accepted by PRC just use it as a puppet to cheat Taiwan people. Now, KMT’s presidential nominee Hung Hsiu-chu moved it even further straight forward to “one China, same interpretation” to avoid the two-state theory so she derecognized ROC and endorsed to PRC’s claim of one China principle.

PRC recently offered Taiwan people to carry the cassette Mainland Travel Permit to travel to China. It is identical to the ID cards of Hong Kong and Macau. This return to the fundamental issue of Taiwan Strait, is Taiwan part of China? What is Taiwanese nationality? What travel document should Taiwan people carry?

March 18, 2008 the US District Court Judge Rosemary Collyer informed us in her opinion statement that Taiwan people are persons without a state. The current travel document Taiwanese carry is the passport issued by ROC, a non-recognized nation without sovereignty. The US derecognized ROC in 1979 under the TRA Section 15-2, but why does it accept the travel document issued by the government in exile? This is exactly what the circuit judge Brown of the US Federal Appeal Court mentioned in her opinion statement it trapped Taiwan residents into the political purgatory. This is indeed Taiwanese sorrow. Now even worse, PRC want to issue the MTP for Taiwan residents to travel around the world. Those who work and live in China now may use it. Will it be legal in the international community?

This is a serious issue for Taiwan residents having without a legal authorization to carry a valid travel document in the world. The Taiwanese were deemed to be included as the nationals of ROC under the Treaty of Taipei Article X but it was abrogated by the Japanese government on September 29, 1972. Now, we are really stateless. Who are we? What is the legal travel document for us to carry? What is the name of our nation? Is it the Republic of China, People’s Republic of China, United States, Japan or Republic of Taiwan? Taiwanese folks, what is our nationality? If we don’t want to be the sole political orphan in the world, we should raise our voices to fight for our basic civil rights.

John Hsieh
Hayward, California



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Newsflash

After almost 700 days in detention, former president Chen Shui-bian (陳水扁) would not flee the country if he were released, he says in a new book that he wrote while incarcerated at the Taipei Detention Center.

“I choose to confront rather than escape,” he says, speaking of his legal troubles, including accusations that he committed forgery, embezzled state funds and laundered money through Swiss bank accounts.