Office of the High Commissioner of the Taiwan Cession
Taipei, Taiwan
Directive/Order
DATE: ______
TIME: ______
Subject: Jinmen and MazuIsland Groups
High Commissioner’s Orders, Directives, Directions, etc. are issued to clarify certain aspects of governance in the Taiwan cession, as well as other related matters.
This High Commissioner’s Directive/Order communicatesimportant decisions about the governance and disposition of the Jinmen and Mazu Island Groups, currently under the administration of the Republic of China.
Section 1. Introduction
(a)Jinmen and Mazu island groups
1. The J&M island groups have been Chinese territory continuously, and were included in the national boundaries of the Republic of China upon its founding on Jan. 1, 1912. These areas are currently under the administration of the “Republic of China.”
(A) Specifically, Jinmen and Mazu were not included in the areas referred to as “Formosa and the Pescadores”, as originally ceded by Qing China to Japan via Articles 2(b) and 2(c) of the Treaty of Shimonoseki May 8, 1895; and later ceded by Japan via Article 2(b) of the San Francisco Peace Treaty (SFPT) of April 28, 1952.
(B) Nor, in respect to the Republic of China (ROC), were Jinmen and Mazu included in the terms “territorial” or “territories”, as specified in Article 6 of the Mutual Defense Treaty of March 3, 1955.
(C.) Nor, in respect to “Taiwan”, were Jinmen and Mazu included in the territorial definition of “Taiwan” in the 1979 “Taiwan Relations Act,” as per 22 USC 3314 (2).
(b) Governance
1. The governance of the J&M area is conducted by the “J&M governing authorities,” which is/are currently the Republic of China.
2. By way of comparison, under the TRA, the governance of the “Taiwan area” is conducted by the Taiwan governing authorities.
(c.)Islands and Population
1. At the present time, Jinmen consists of approximately twelve islands and has a population of nearly 84,000. Mazu consists of approximately ten islands and has a population of nearly 9,700. Most of these two island groups are within the territorial waters (twelve nautical miles)of the People’s Republic of China (PRC).
(d) Nomenclature
1. Henceforth, the designation of the “Taiwan area” should not be considered to include the Jinmen and Mazu island groups. The latter may be referred to as the “J&M area” or “J&M areas.”
(A) The “Taiwan area” is as defined in 22 USC 3314 (2).
2. From the standpoint of the local laws in effect in Taiwan, local island citizens in the Jinmen and Mazu island groups may be referred to as “J&M aliens.”
3. In some selected legal contexts, local island citizens in Taiwan may be referred to as “TRA aliens.”
4. The following definition is provided for reference.
Native Taiwanese people: natural persons who meet the following criteria: (1) being born of a mother and/or father who, as of Oct. 25, 1945, was/were considered native to the areas of “Formosa and the Pescadores,” including their descendants up to the present, and (2) currently having Household Registration in the areas of “Formosa and the Pescadores.”
5. In the near future, Taiwan’s participation in international organizations under the nomenclature of “independent customs territory,”“separate customs territory,” etc. will be amended to exclude the J&M area.
6. Further specifications will be announced as they become available.
(e) Political Decisions for the Future
1. Political decisions for the future of Jinmen and Mazu need to be made. The Taiwan Civil Government, US Department of State, People’s Republic of China, and other officials and agencies will coordinate together to draft a timetable for the necessary negotiations.
2. The High Commissioner and/or US Secretary of State will announce more details in the near future.
Section 2. Further instructions by Category
(a)Centenary Celebrations of the ROC
1. Preparations in the J&M area for celebrations of the 100th anniversary of the founding of the ROC may proceed as scheduled.
(b)Court Cases
1. All court actions involving civil, criminal, administrative, or military matters relevant to activities which have occurred in the J&M area shall be adjudicated in the courts of the J&M area, and not in the Taiwan area.
2. Court actions which need to be transferred to the J&M area in order to comply with this instruction should be submitted, with the appropriate official form(s), to the Office of the High Commissioner in Taipei for individual authorization.
(c.) Currency
1. The New Taiwan dollar shall continue in circulation in the J&M island groups.
2. The foreign exchange reserves of the J&M area will be held by the J&M governing authorities.
(d) Dates
1. Persons and organizations in the Jinmen and Mazu island groups may continue to use the ROC year numbering system if desired.
(e) Debt Service
1. All servicing (payment) of debts contracted for infrastructure projects or other public expenditure projects in the J&M area are the responsibility of the J&M governing authorities.
2. All Taiwanese government departments should take immediate steps to reorganize and/or adjust all relevant accounting and other procedures to comply with this instruction.
(f) Fiscal Authority over
1. Effective immediately, the fiscal management of the Jinmen and Mazuisland groups shall be completely separated from the fiscal management of “Formosa and the Pescadores.”
2.All Taiwanese government departments should take immediate steps to reorganize and/or adjust all relevant accounting and other procedures to comply with this instruction.
(g) Elections
1. Elections for J&M officials under the election laws of the ROC may proceed as scheduled.
(h) Five Yuan
1. Offices for the Executive Yuan, Legislative Yuan, Judicial Yuan, Control Yuan, and Examination Yuan of the ROC should be assigned and/or established in the J&M area.
(i) Flag and National Anthem
1. The Jinmen and Mazuisland groups shall continue to fly the ROC flag and to sing the ROC national anthem, unless superseding regulations are announced by some other authoritative agency recognized by the Taiwan Civil Government.
2. All government agencies in the J&M area shall continue to operate under the nomenclature of the Republic of China.
(j) Funding for Construction Projects, Infrastructure Projects, etc.
1. All funding, budgeting, expenditures of funds, etc. from “central government agencies” in Taiwan for projects in the Jinmen and Mazu island groups are hereby suspended, effective immediately.
2. Discussions and/or planning for such projects as bridges, tunnels, communications links, etc., (to connect with the PRC coastline) which involve funding from “central government agencies” in Taiwan are also suspended.
(A) The suspension of other categories of activities may also be announced by the High Commissioner.
3. Further clarifications to this instruction shall be announced in the near future.
(k) Free Trade Agreement with Taiwan
1. The desirability and/or practicality of concluding a Free Trade Agreement (FTA) between the Taiwan area and the J&M area may be evaluated at an appropriate future date.
2. Further details will be announced as they become available.
(l) Hanyu Pinyin
1.The standard for romanization of the Chinese language in the Jinmen and Mazu island groups shall be Hanyu Pinyin, in conformity with the United Nations standard, the USA standard, the PRC standard, the One China Policy, and the spirit of the three USA-PRC joint communiques.
2. Jinmen has often been known as Kinmen or Quemoy. However, the correct Hanyu Pinyin for this island group is “Jinmen”. “Mazu” is the correct Hanyu Pinyin spelling for the other island group, although the variations of Matsuor Matzu are sometimes seen.
(m) Holidays
1. Decisions regarding any desired changes in the holidays to be observed in the Jinmen and Mazu island groups will be made by the J&M governing authorities according to any timetable which they may announce.
(n) Lending Out of Professional Licenses
1. Up to the present day, the practice of “lending out” the professional licenses of doctors, lawyers, architects, dentists, lawyers, pharmacists, accountants, etc. has been widespread in the Taiwan area and the J&M area.
2. Whether this practice is to be continued in the J&M area shall be up to the decision of the J&M governing authorities.
(A) In regard to this practice, relevant amendments to current laws in the Taiwan area will be promulgated in the near future.
(o)Mass Media Registration
1. In the near future, the registration of mass media (newspapers, magazines, television, radio, etc.) in the Taiwan area will no longer be interpreted to permit the operation of those media in the J&M area.
2. The J&M governing authorities are expected to promulgate any needed changes to existing laws and regulations at an early date.
3. Procedures regarding new licensing requirement for all mass media in the Taiwan area will not affect the existing operations of any media in the J&M area.
(p) Military Service
1. Military service will continue in the Jinmen and Mazu areas, although the conscription of new personnel by the Taiwan governing authorities has been suspended.
2. There will be no further (so-called)“Taiwan central government” administration of military conscription matters.
3. Native Taiwanese people who are currently doing military service in the J&M area may have their tours of duty shortened or cancelled by the High Commissioner.
4. Further details will be announced separately.
(q) National Health Insurance
1. Matters concerning National Health Insurance coverage for J&M aliens will be announced in other Orders/Directives issued by the High Commissioner.
(r) Nomenclature of Public Sector Organizations, Associations, Committees, etc.
1. All types of public sector organizations, committees, associations, etc. in the Jinmen and Mazu areas may continue to use the prefix nomenclature of “Republic of China” if so desired.
2. Registration matters for such organizations shall be the responsibility of the J&M governing authorities.
(s) Smuggling
1. Smuggling activities between the Jinmen and Mazu island groups and the PRC are known to be widespread. Over the past few years, restrictions on these activities have been very loosely enforced by the ROC officials.
2. The J&M governing authorities should re-clarify the legal status of such activities by appropriate public announcements. Whether ROC military forces will be used to implement any announced restrictions will be decided separately.
(t) Travel to and from Jinmen and Mazu
1. Currently, it is noted that these island groups do not have an international airport, nor are they served on a regularly scheduled basis by international ocean-going passenger vessels. Hence at the present time travel to these island groups is generally done via airline service from Taiwan island.
2. For the residents of these island groups, travel arrangements in and out may be subject to certain restrictions in the coming days and months. Further details will be announced as they become available.
3. Travel to these island groups by TRA aliens, US citizens, and foreigners may be restricted by the Department of State. Further details will be announced as they become available.
(u) Travel to the PRC by J&M aliens
1. Traditionally, for holders of a “Republic of China” passport, the PRC authorities have issued the so-called Taiwan compatriot certificate (tai bao zheng) to serve as an identity document for travel to the People’s Republic of China area.
2. With regard to those J&M aliens who continue to hold a “Republic of China” passport, it is to be expected that these procedures will remain in place unless superseding regulations are announced by the PRC authorities.
3. The PRC authorities may also announce procedures for J&M aliensto convert ROC passports to a PRC passports. A timetable may be promulgated according to any schedule which the PRC authorities deem appropriate.
Section 3. Revisions of Instructions Regarding Jinmen and MazuIsland Groups
(a) Superseding Orders and Directives
1. All instructions in any orders, directives, directions, etc. of the Commander in Chief or the High Commissioner in relation to the Jinmen and Mazuisland groups shall always be interpreted to contain a validity time-limit specification to the effect of -- “until superseding laws or regulations come into effect.”
2. New orders, directives, directions, etc. regarding the Jinmen and Mazuisland groups, and/or amendments to existing orders and directives will be announced as circumstances develop.
(b) Further clarifications and explanations
1. Further clarifications and explanations will be provided in a High Commissioner’s Order regarding citizenship, nationality, and passport matters, as well as in other Orders and Directives. These will be promulgated in the near future.
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