** CONFIDENTIAL LETTER **

TO: US DEPARTMENT OF STATE

FROM: PRESIDENTIAL OFFICE, TAIPEI, TAIWAN

SUBJECT: ELEVATION OF TAIWAN’S INTERNATIONAL STATUS

DATE: 2007.11.15

To the Honorable Secretary Rice,

Over the past few months, United States Executive Branch officials, including officials of the American Institute in Taiwan, have continued to severely criticize the Democratic Progressive Party’s (DPP) plans to hold a referendum regarding the admission of Taiwan into the United Nations under the name of “Taiwan.”

I must stress however that a way must be found for Taiwan to have meaningful “participation in the United Nations,”and to end its status as orphan of the international community. The press in Taiwan continues to report that many private sector NGOs, business organizations, medical organizations, research organizations, etc. continue to complain that they are denied access to many or most types of international programs, activities, and alliances due to this lack of membership. Additionally, it is the wish of the Taiwanese people to have a new Constitution.

As my term nears its end, it is important for me to leave a legacy for the Taiwanese people. Hence, I am writing this confidential letter to the State Department to propose a “compromise” which should be acceptable to US government officials.

The background to my remarks is as follows. In the past twenty-five years or more, two opposing political camps have come into prominence. One of these is the “green camp,” which advocates independence for Taiwan. My party, the DPP, has traditionally been the leading proponent of this view. The opposition group, the “blue camp,” basically has a “unification with China” stance. However, over the past several years a third camp has emerged, one which stresses that there is a coherent explanation under US constitutional law to say that since 1952 Taiwan has been an overseas territory of the United States of America, (hereinafter the “US constitution camp.”)

I must admit that being a “Taiwan independence” advocate, my initial reaction to the reasoning of this US constitution camp was not favorable. However, as I have learned more about the rationale behind their analysis, I have slowly begun to change my thinking. Most importantly, for me, is the realization that under this US constitution formulation, based on the Senate-ratified SFPT, Taiwanmust be recognized as a self-governing territory under the jurisdiction of the United States Military Government (USMG). This means that Taiwan will retain a very large degree of autonomy, with native Taiwanese officials at every level of the government structure. Moreover, as an overseas territory of the USA, and in correspondence to the principle of self-determination, Taiwan would retain the right to have a referendum on “independence” at some future date.

In the future, if such a referendum were to pass, then it would be expected that the United States Congress would provide Taiwan with a complete schedule and timetable for independence, similar to the Tydings-McDuffie Act of 1934, which provided a procedure of steps for achieving the independence of the Philippines.

The land in Taiwan belongs to the Taiwanese people, and of course no one can run them off of this land or confiscate it without due compensation. In their search for freedom, democracy, and human rights, a strong sense of Taiwanese consciousness is important to the Taiwanese people.

As we know, during WWII in the Pacific, US military troops liberated Taiwan. According to the war powers in the US Constitution, the Hague Convention IV of 1907, and the San Francisco Peace Treaty of 1952, USMG temporarily holds the jurisdictional powers over Taiwan, and this is the truth of Taiwan's international legal status.

With recognition of this legal reality, Taiwan could become an associate member of the World Health Organization (WHO) under the United States. Access to programs of the World Bank, International Development Association, and other organizations under the title of “Taiwan” would be assured, under the umbrella of the United States’ membership in the United Nations. The nomenclature of “Taiwan” could be promoted exclusively, and such terminology as “Chinese Taipei,”or other related Chinese style terminology could be amended across the board. The referendum on Taiwan’s admittance to the United Nations could be halted.

US government officials continue to stress that neither Taiwan nor the PRC should take any unilateral actions which will amount to a change in the “status quo.” The proponents of the US constitution camp have produced an authoritative view of this “status quo” issue based on the US Constitution. Please see their analysis and other relevant articles on

Under this analysis, after the Japanese surrendered on Oct. 25, 1945, the military occupation of Taiwan began. The United States was/is the principal occupying power. The ROC military troops under Chiang Kai-shek were/are only fulfilling the role of subordinate occupying power. Then when the ROC moved its central government to occupied Taiwan in mid-December 1949, it became a government in exile. Military occupation is conducted under military government, and to date there has been no formal announcement by the USCommander in Chief of the end of USMG jurisdiction over Formosa and the Pescadores. This analysis of course conforms exactly to the terms of the Senate-ratified SFPT, under which the sovereignty of Taiwan was not awarded to the ROC.

A “laws of war” reading of the SFPT, along with an analysis of post-war history, confirms that USMG jurisdiction over Taiwan is still active in the present day. Importantly, for Taiwan, legally speaking, this is a “transitional status,” and not a final political status.

I must stress that a “clarification of the status quo”(i.e. clarification of Taiwan’s interim political status under USMG) is not a “change in the status quo.”By defining the status quo in the Taiwan Strait in terms of the US Constitution, and arguing for the “fundamental rights” available to the Taiwanese people under such a formulation, I believe that the interests of the United States are being completely respected. The “One China Policy,” as espoused by the US Executive Branch, is also fully respected.

I would like to begin discussions with Dept. of State officials regarding the implementation of this US constitution agenda at an early date. Under this scenario, the ROC is not the legitimate government of Taiwan, and the ROC Constitution is not the organic law of the Taiwan cession, hence I believe that it will be necessary to postpone the upcoming elections here for a year, eighteen months, or longer.

Related issues include the following:

recognition of USMG jurisdiction over Taiwan, in accordance with Articles 4b and 23 of the SFPT,

recognition that “national defense” matters for Taiwan (including the dismantling of PRC missiles aimed at Taiwan) are the responsibility of the US Defense Dept., headquartered in the Pentagon, (such an interpretation, I believe, fully conforms to the Article 1, Sec. 8 “common defense” stipulation of the US Constitution, and does not violate the Taiwan Relations Act),

coordination to have new ID cards and passports issued in Taiwan under US administrative authority, (recognizing that only those persons with Household Registers in Taiwan as of Oct. 25, 1945, and their descendants who currently have permanent domicile in Taiwan are eligible for such documents …. other persons are not, and will be considered foreigners), such an interpretation being based on the INA, DOS Foreign Affairs Manuals, and relevant Supreme Court dicta,

suspension of the operations of the ROC’s Legislative Yuan in Taiwan and/or its removal to the Jinmen island group,

coordination with Taiwan officials and members of the US Congress, so that appropriate legislation can be passed to adjust the nomenclature of the "issuing authority" for the New Taiwan dollar (NT$), in order to bring it in conformity with the coinage, weights, and measures clause of the US Constitution,

coordination with the US government to dismantle the American Institute in Taiwan, and replace it with a US High Commission, and at the same time establishing a “United States Court of Taiwan” to deal with past war-crimes of the ROC/KMT officials (including illegal assets, etc.)

Indeed there is much work to be done. However, the sooner that agreement on the basic outlines of an implementation schedule are reached, the sooner that a formal announcement can be made to the Taiwanese people and the world community.

After recognizing our status under the US Constitution, I would also like your permission to make the formal announcement that it is possible for the Taiwanese people to begin preparations for the drafting of a new Taiwan Constitution.

In regard to the international legal status of Taiwan under the SFPT, and all related US constitutional issues, I have retained Dr. Roger C. S. Lin and Mr. Richard W. Hartzell as my advisors.

Sincerely,

______

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(Confidential)DOS Letter