To whom: Kuang-chung Liang, Director-General of the Treaty Department of the MFA of ROC
Thank you for your letter dated on May 24, 2022, and in reply to my letter on May 12, 2022, to the public opinion mailbox of the head of the Ministry of Foreign Affairs, "A big lie of the diplomatic note" http://taiwanus.net/news/press /2022/202205062130481033.htm, reiterates that "the ROC Taiwan is a sovereign and independent country, there is no doubt. It has embassies in 14 friendly countries, and 110 overseas offices in more than 70 countries around the world. We enjoy substantial cooperation in the fields of economics, education, science, and technology, and demonstrate our ability to engage in independent external relations.” However, the letter has been repeated nonsense and meaningless, and it is regrettable that it is indeed ashamed of duty.
As the name suggests, the Department of Treaty, your department should have profound legal literacy, but I don't know what year, month, and day the ROC is based on, and what treaty has Taiwan's territorial sovereignty? When did the ROC Taiwan declare its independence to the international community and what territory does it possess? And these lands were clearly written in the territorial boundaries of the constitution. Since it is a sovereign and independent country, why did the Eighth World Games held in Kaohsiung City in July 2009 and the Hearing-Impaired Olympic Games held in Taipei City in September 2009 not see a ROC, or Taiwan, or ROC Taiwan team? Only the Chinese Taipei team entered the stadium under the guidance of the five-ring flag exclusive to international refugees. On their own land, international sports events are held, but they cannot identify their own country. What kind of sovereign country is this?
Responsibilities of the Treaty Division: "To be in charge of the development and interpretation of treaties, international conventions and agreements, the study and interpretation of domestic laws and foreign-related legal issues, legal advice and judicial assistance, the compilation of treaties and the compilation and printing of diplomatic statutes, environmental diplomacy and other matters.” Your office should be clearly and detailed recorded when Taiwan was naturalized as the territory of the ROC, and when the National Assembly, or the Legislative Yuan, the competent body of the ROC, discussed the territorial change of the country and incorporated Taiwan into the constitutional territory of the ROC, or ROC Taiwan. In the National History Museum of the ROC, there is still a telegram sent by Chiang Kai-shek to the Governor of Taiwan Province Chen Cheng on January 12, 1949, reminding him not to say that "Taiwan is a fortress against the Communists". The cable clearly reads: "Taiwan Governor Chen (Cheng). Yesterday I made a call. It is important to know that at this time, when and where in Taiwan, can it still allow us to be as reckless as we used to be, and to speak without shame? Taiwan's legal status and sovereignty are in the hands of Japan. Before the Peace Conference was completed, it was only a trusteeship of our country. How can it be used as the last fortress of suppressing the Communist Party and the basis for national rejuvenation? Wouldn’t it make people with a little common sense at home and abroad laugh at it as maddening. Don't make up your own mind, show off in the limelight, ... I hope you will work hard, think about yourself, and no longer be jealous of others, and try to avoid being criticized by others, you will be very lucky." Even CKS admitted in 1949 that the ROC did not own Taiwan at all. I don't know what evidence Director Liang you have to say: "Our government is more observant of its obligations under international law, and promises to the people of Taiwan to respect, protect and realize the basic freedoms and human rights of the people within its jurisdiction."
To comply with international legal obligations, the provisions of international treaties must be practically implemented. Article 2 of the Shimonoseki Treaty of 1895: China ceded the full sovereignty of Formosa and the Pescadores in perpetuity to Japan; Article 2 of the San Francisco Peace Treaty in 1951: Japan renounces all right, title and claim to Formosa and the Pescadores; 1952 Taipei Treaty Fifth Article: Japan has renounced all special rights and interests in China, including all benefits and privileges resulting from the provisions of the final Protocol signed at Peking on September 7, 1901, and did not retroact to the Shimonoseki Treaty of 1895; on May 25, 2010, Tsai Ing-wen, who was then chairman of the DPP, said: The Republic of China Is a government in exile https://www.youtube.com/watch?v=Oh39EsNA2R4. These are the real provisions and statements of international treaties. Your department should be familiar with them, but I don’t know if you have never read them, or deliberately don’t understand them. Why do you misinterpret them, twisted them, and turn a blind eye?
The birth of sovereignty will not be formed by evolution. It must be formally transferred from one government to another government through the authorization of a peace treaty; Only after the international community recognizes it can it be recognized as a sovereign independent country. Some well-known professors in Taiwan say that after the evolution of social democratization, Taiwan has become a sovereign and independent country, which is incredible. Coincidentally, your office also said: "Since the ROC established its foothold in Taiwan in 1949, the country's economy has changed from poverty to wealth, politics has changed from authoritarian to democratic, and society has changed from one voice to diversified. The people of Taiwan have jointly enriched and created the new ROC Taiwan today. Based on the constitutional system of freedom and democracy, our government abides by the people’s political commitment to the image of national development through democratic elections at different times; just as our government respects the interpretation and remarks concerning the past historical facts of this land freedom of expression; and determined to protect the right of the people of Taiwan to participate in politics and determine the future development of the country.”
This is indeed a serious distortion and misguiding of the national sovereignty demanded by the international community. With the democratization of Taiwanese society, the people enjoy direct civil rights and can directly vote the president, legislators, local heads and representatives of public opinion. This is the most basic manifestation of the human rights that Taiwanese people should have. Today's Taiwanese people do have full popular sovereignty in Taiwanese society, but this is by no means the same as having territorial sovereignty, or national sovereignty. Yes, the people of Taiwan directly elect the president through elections, but the head of state he or she represents is the ROC or claims to be ROC Taiwan. It is a pity that the ROC recognized by the international community has been officially succeeded by the PRC through Resolution No. 2758 passed by the United Nations on October 25, 1971. Although the democratically elected government in Taiwan still claims to be the government of the ROC, no one in the world admits it, and everyone only knows that there is a government in power in Taiwan or call it as the Taiwan government. It is a pity that this government has never made it clear to the international community who it wants to represent, whether it wants to represent China, Taiwan, or both? It has never clearly marked the territorial scope and the necessary constitution of a sovereign state. Does Taiwan's territory include the so-called Taiwan, Penghu, Kinmen and Matsu, or only Taiwan & Penghu? Is the Taiwan Constitution a revised version of the ROC Constitution that covers China, or is it only applicable to Taiwan? How can a government without a clear territory and constitution tout itself as a sovereign and independent country? That would be too arrogant and look down on the international community; it is no wonder that the country represented by this government is still unable to enter the international community organization. Even the readily available Indo-Pacific economic framework IPEF, the World Health Organization WHO, and the World Health Assembly WHA must stand aside. Should we think carefully and explore how Taiwan should identify itself?
The San Francisco Peace Treaty, signed by the international community on September 8, 1951, officially authorized the United States to be the principal occupying power of Taiwan after WWII. Article 15 of the Taiwan Relations Act, which came into effect on January 1, 1979, also clearly informed that the United States only recognizes the governing authorities on Taiwan, or the Taiwan government, but it is by no means the ROC. November 12, 2020, former US Secretary of State Mike Pompeo also officially declared to the international community that Taiwan has never been a part of China. In fact, the United Nations Security Council, also earlier than the 530th meeting held on November 30, 1950, officially voted with a 9-1 disparity in response to the accusation of the plenipotentiary representative of the PRC, Wu Xiuquan, and declared to the international community that Taiwan does not belong to China.
Your office said: “Taiwan has never been part of the PRC. This is a long-term objective fact and an internationally recognized status quo. My country and the PRC are not subordinate to each other, and their sovereignty cannot be violated or annexed. Taiwan's sovereignty belongs to all Taiwan people; Only the democratically elected government of Taiwan can represent the people of Taiwan in the international community. It is the consensus of all Taiwanese people to maintain a democratic system and a free way of life. The future of the ROC Taiwan will be jointly decided by the 23.5 million people of Taiwan.” Yes, Taiwan has never belonged to any China, whether it was the ROC established in 1912, or the PRC established in 1949; because in those days, Taiwan's territorial sovereignty still belonged to the Japanese government. That's right, Taiwan's territorial sovereignty will ultimately belong to the Taiwan government established by the Taiwanese people. Because the sovereign owner is the government, not any individual; and the government can only represent Taiwan, not the so-called ROC Taiwan, which wants to represent both China and Taiwan.
On May 23, 2022, US President Biden gave a clear answer to reporters' questions during a press conference with Japanese Prime Minister Fumio Kishida in Tokyo. Once China invades Taiwan by force, the United States will inevitably send troops to confront it. “Yes, this is our commitment.” he said. Taiwan's security is an international issue of global concern. The ownership of Taiwan's sovereignty is related to the future of all Taiwanese people at home and abroad for generations. In the past, I always thought that the government of the KMT/ROC didn't understand international law, and it knew nothing about the San Francisco Peace Treaty. I didn't expect that the Ministry of Foreign Affairs of the DPP/ROC doing the same, just wanted to lock Taiwan firmly into China. The system of the ROC is indeed chilling, disheartening, and lamenting. I hope that the Ministry of Foreign Affairs of the ROC, or other administrative decision-making authorities, can inform us as soon as possible, whom the ROC Taiwan is going to represent, Taiwan, China, or both? Please come up with more legitimate reasons to persuade the vast number of Taiwanese people at home and abroad who care about Taiwan's de jure status; otherwise, don't blame it, history will also serve a stern judgment to the current ruling authority.