For members and friends

One China Committee Update 27

September 2009



New Members Since Last Update

Dr. Qi Chen (IL), Library Director, Agosy University
Ms .Justine Yen (Bengseng Lee) (IL) Retired Professor, College of Dupage
Elaine Sit, Esq. (IL), Attorney-at-Law

Taiwan ex-President Chen sought US intervention on his release

Taiwan ex-President Chen Shui-bian filed petition to the United States Court of Appeals for the Armed forces on September 23, 2009 in Washington, D.C. In the petition, he considered Taiwan is still under the jurisdiction of US. Military Government (USMG) for Taiwan and he acted when he was Taiwan's president as civil administrator or agent of the USMG.

He argued as follows: Following the surrender and pending a peace settlement, Taiwan remained de jure Japanese territory. The Allied Powers led by the United States, the Principal Occupying Power, authorized Chiang Kai-shek's ROC government to accept the surrender of the Japanese forces in Taiwan and to undertake the post-surrender occupation of Taiwan on behalf of the Allied Powers. The ROC government occupied Taiwan on behalf of the Allied Powers (led by the United States) pending a peace treaty with Japan, which would change the legal status of Taiwan. In 1952, Japan renounced all claim to Taiwan pursuant to the San Francisco Peace Treaty (SFPT), however no transfer of sovereignty was completed. Taiwan remained under occupation by of the Allied Powers, led by the United States as the Principal Occupying Power. Thus Taiwan is still occupied by the United States of America through the USMG with civil affairs administration for the occupation delegated to the ROC, of which petitioner was president 2000-2008.

In his petition for a Writ of Mandamus, Chen seeks:

(1) Order the United States Military Government for Taiwan to acknowledge its agent, Chen Shui-bian;

(2) Acknowledge that Chen Shui-bian's actions for which he has been sentenced to prison were undertaken while acting as United States Military Government de facto Civil Administrator;

(3) Order the United States Military Government to instruct the current de facto Civil Administrator for Taiwan, to cease the politically motivated prosecution of Chen Shui-bian and those associated with him, rescind the life sentence and restore his human and civil rights; and,

(4) Appoint a Special Master if required and any other relief this Court deems necessary to resolve the matter.

George Shen: Dirty game playing by politicians in Taiwan

George Shen wrote September 28, 2009:

I. Ma's secret agreement with Red Shirt Army (RSA)

A. Shih MinTe, former commander-general of the Red Shirt Army (RSA) represented the main stream of people in Taiwan who believed that justice must be done with the most notorious corrupted government leader when they chanted Down of Chen Shuibian in parade on the streets in Taipei in 2006. The RSA's objective was simple. They intended to force Chen to resign from presidency for the sake of dignity of Taiwanese people. Recently, Shih published his memo on the inside story regarding the activities during those last few days of his troops on Taipei streets. His memo reveals that there was a secret agreement between Ma [Taipei mayor] and Shih. They met secretly twice for the purpose of avoiding and controlling chaos/and disturbances. Their mutual understating reached as follows:

1. RSA will not invade the Presidential Office.

2. KMT will not use this opportunity to seek power back.

3. Respect the constitutional right. If Chen steps down, then Vice President Lu will be his successor.

4. Special Pardon power will be granted by Lu if she decides to do so.

B. Ma did raise the question why Shih was not interested to run the Presidency in 2008. Shih responded no due to liver cancer he had

C. Shih remarks that suppose at that time invasion of the Presidency Office succeeded, then history in Taiwan would be changed.

D. Shih also comments on Ma's incompetence in Leadership, describing him just suitable to be a follower in administration. Shih believes, at present time, there are no leader running Taiwan government properly, since Ma has his peculiar way to choose his cabinet/or other officers, specially in rebuilding the economy back to prosperity again.

We are concerned if Special Pardon will be granted by Ma, after the Supreme Court maintained the life sentence on Chen's all charges, based on Ma's policy of harmony and peaceful coexistence with the opposition party.

II. The consequence of Rebiya Kadder visiting Taiwan, if entrance visa will be grant

A. The Mayor of Kaohsuing, Chen J, invited Dalai Lama (the Monk, a long time activist on Tibet Independence Movement) to visit Taiwan last month for praying the August 8 flood in South of Taiwan. Since, no harsh reaction from China, Chen just can't wait to invite the Xinjiang's Independence Movement activist leade Rebiya Kadeeer to Taiwan through the pop music group Sanlins lead man Freedy at New York. Naturally, Rebiya accepted and expressed that she will be gladly to visit Taiwan with no political motivation

B. Rebiya, a Moslem at Urumqi, Xinjiang, started as a peddler on street, but, managed to be the richest women later, and was elected as a member in the Peoples Parliament. She was arrested on charge of violation national security, and was released on the ground of health condition by an arrangement from US State Department. But, Rebiya was behind the Urumqis riot on July 7.

C. Mayor Chen's motivation of inviting Rebyya is as follows:

1. To have more credit within the DPP [Democratic Progressive Party] aiming the nomination of first candidacy for New Mayor in Kaohsuing after expansion;

2. To damage Mas credit and to force possibly the delay of signing MOU and ECFA

3. To express that Chen is Not a YES WOMEN to Beijing, so more popularity credit could be reached within the DPP.

D. Retaliation was not so heavy from China on the account of Dalai Lama visit to Taiwan. However, Dr. Xu Bodong, a professor in Beijing Unified University, warns if Rebiya will be permitted to visit Taiwan per Dalai Lamas model, serious retaliation will be exercised from China with most damaged consequence on the Taiwan side. Xu made a special comment, Ma should not take for granted attitude toward China and expect continuously fruits from China constantly.

We like to make a remark, which we believe suitable over the world: Politicians are diapers, they both need change regularly. Bless you.

Lee voices support China relations

Taiwan Ex-President Lee Teng-hui publicly voiced his support for deepening Taiwan's relations and exchanges with China, in sharp contrast to his previous assertion of policy toward cross-strait exchanges, sending shock waves through political circles and triggering mixed comments from heavyweights of the opposition Democratic Progressive Party (DPP).

Speaking at a recent gathering of members of the Taiwan Advocates, a private think tank associated with the pro-independence Taiwan Solidarity Union, Ex-President Lee Teng-hui asserted that Taiwan and China are friends and any efforts to improve bilateral ties should be welcomed. He changed his previous instance of "no haste, be patient" towards China relations. But in consideration of uncertainty on the part of China, Lee continued, both sides should be clearly distinguished when engaging in any exchanges and cooperation. (Source: China Post, Jun 30, 2009).

Taiwan and China diplomatic truce

Since Ma Ying-jeou, Taiwan's president, took office in May last year, he has sought to ease tensions with China. Mr Ma told The Economist this week, he believes China has even adopted the surprising policy of refusing requests from countries that recognise Taiwan to switch their diplomatic ties to China instead.

Last year, Mr Ma declared a "diplomatic truce", meaning an end to the check book contest for recognition. In his inaugural speech he then stressed that better relations with China depended on its easing Taiwan's international isolation. China has not responded publicly and officially it still opposes any country recognising the Republic of China, as Taiwan calls itself. But China's stance has been put to the test in El Salvador. The newly elected president, Mauricio Funes, reportedly expressed interest before taking office on June 1st in switching recognition to China. Taiwan's press has also reported that Panama's president-elect, Ricardo Martinelli, has similar inclinations. (Source: The Economist, Jun 25, 2009).

Delegation of Taiwan ethnic minorities to visit Chinese mainland

A delegation of Taiwan's ethnic minorities and tribes is to make an eight-day visit to the mainland from Wednesday, August 19, at the invitation of the Taiwan Work Office of the Communist Party of China Central Committee.

The 14-member delegation, headed by aboriginal politician May Chin, would exchange ideas with the mainland on tourism and farm produce and handicrafts purchases in areas inhabited by Taiwan's ethnic minorities.

Taiwan and China reunification by trade?

Free-Trade Agreements (FTAs) are often contentious but rarely would one have as much strategic significance as that proposed between China and Taiwan. On July 29, Taiwan president, Ma Ying-jeou, elected last year on a platform of liberalising business restrictions and easing military tensions with the mainland, said a China-Taiwan trade pact should be signed as soon as possible. The two sides have quietly concluded months of unofficial negotiations and Taiwans economy minister, Yiin Chii-ming, says he wants formal negotiations to start in October.

Mr Ma is willing to take the political risk of tying a self-ruled democratic island economically to its giant authoritarian neighbor because of the rest of the worlds craze for free-trade deals. Already, says Huang Chih-peng, the director general of Taiwan Bureau of Foreign Trade, the worlds 230-odd bilateral or multilateral trade pacts are harming the export-dependent islands economy. (Source: The Economist, Aug 6, 2009).

Japanese representative scolded over remark on Taiwan's status

A former foreign minister-turned-Chinese Nationalist Party (KMT) lawmaker charged yesterday that Japan should recall its representative to Taipei over the latter's comment that Taiwan's status is unclear. Taiwan's former representative to Japan, on the other hand, supported the Japanese representative, saying that he did not say anything wrong.

Masaki Saito, head of the Taipei office of Japans Interchange Association Japans de facto embassy in Taiwan, said on Friday, May 1, that Taiwan's status is still unresolved. . Saito made the comments at an annual meeting of the Republic of China (ROC) -International Relations Association at National Chung Cheng University in Chiayi County.

The Japanese representative later apologized for his remarks after Deputy Foreign Affairs Minister Andrew Hsia lodged a protest and demanded an explanation. A news release from the Ministry of Foreign Affairs (MOFA) said Hsia summoned Saito, who said that it was purely his personal view that Taiwan's status was unresolved and that his comment did not reflect the position of the Japanese government. (Source: Jenny W. hsu and Shih Hsiu-chuan, Taipei Times, May 3, 2009).

Members News

John T. Ma named recipient of CALA 2009 Distinguished Service Award.

Kevin Hopkins was awared the International Cooperation Award by the State Intellectual Property Offrice of the People's Republic of China.

Russ M. Miller of Performance Institute writes "Thought of the Day" on management.

Qi Chen, Frank Cheng, T.C. Huang, Y..Y. Kuo, Tze-chung Li, and Elaine Sit attended Phi Tau Phi Scholastic Honor Society Mid-America annual conference on September 19 Frank Cheng, Chairman of the Scholarship Committee, presented scholarships of US$1,000 each to four scholarship recipients.