Chen’sshadowisgettingeclipsed

浏览次数:695发布时间:2020-08-13 10:14:06文章分类: V生活篇

<>Former President Chen Shui-bian's spectral shadow over the Democratic Progressive Partyis eclipsing fast after he claimed he had ruled Taiwan for eight long years as an agent of the U.S. military government. In a move that shocked almost everybody, Chen in detention had an attorney in Washington, D.C. file a petition for a writ of certiorari with the U.S. Court of Appeals for the Armed Forces last week, suing President Barack Obama and his Secretary of Defense Robert Gates for failure to continue placing Taiwan under American military occupation. A writ of certiorari is issued from a superior court calling up the record proceeding from an inferior court for review. Jonathan Levy, Chen's attorney at law, said his client is suing Obama and Gates in order to get himself out of detention.

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<>Chen has been detained since December 30 last year. Convicted of corruption and sentenced to life in prison on Sept. 11, he appealed to the Taiwan high court, where a newly selected panel of judges ruled last Thursday that his detention should continue until this year's Christmas Eve. One could well imagine how desperately anxious he wanted to be released on bail, but not to the extent that he would initiate litigation against President Obama and Secretary Gates to go to Washington to testify against them. His client, Levy pointed out, “is requesting intervention by the U.S. military to free him by any means.”

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<>Perhaps in his delirious agony, President Chen has lost his consummate defense lawyer acumen. He invented an American military government that should instruct the current de facto civil administrator of Taiwan — who must be President Ma Ying-jeou or Premier Wu Den-yih — to cease the politically motivated persecution against its ex-agent, who he is. To prove he was an agent, Chen declared that during his eight-year tenure as president of the “Republic of China in exile,” he accepted “instructions of the chairmen of the American Institute in Taiwan on many occasions, even when their instructions interfered with my presidential decision-making.” As he was acting as the agent of the U.S. government and was taking orders from the AIT, he claims he was an official of the U.S. military government.

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<>His invention of that government was sired by General Order No. 1 issued by General Douglas A. MacArthur, supreme commander for the Allied powers that occupied Japan after the end of the Second World War. The occupation was in all vital respects an American undertaking. A small British Commonwealth force, mostly Australian, shared the military tasks, and there was an elaborate machinery of international control, headed by a Far Eastern Commission in Washington, on which were represented all the countries that had fought against Japan, including Generalissimo Chiang Kai-shek's Republic of China. In practice, the execution of policy was in the hands of the American five-star general, who took orders from the U.S. government. MacArthur ordered Chiang, who was commander-in-chief of the India-Burma-China Theater for the Allied powers, to send troops to Taiwan to accept the surrender of the Japanese army on the island. General Chen Yi led Chiang's troops to Taiwan with the help of a small U.S. contingent and accepted the instruments of surrender from General Rikichi Ando, governor of Taiwan and supreme commander of the Japanese armed forces in Taiwan, in Taipei on Oct. 25, 1945. Taiwan was made a province of the Republic of China with General Chen as its administrator-general.

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<>One thing President Chen has conveniently forgotten is that MacArthur did not issue the general order for the United States, but on behalf of the Allied powers. Nor did MacArthur order the establishment of a military government, American or otherwise. President Harry S. Truman, who had given up on Chiang in 1949 but made an about-face to support him after the outbreak of the Korean War, had an American Embassy opened in Taipei on Aug. 10, 1950, re-recognizing the Republic of China as an independent, sovereign state that has never been under U.S. military occupation. Truman said in his statement announcing the neutralization of the Taiwan Strait that the status of the island would be determined after the Korean conflict was settled. The status of Taiwan as a province of the Republic of China was formally determined by a peace treaty signed in Taipei on Aug. 28, 1952. Inasmuch as the United States was concerned, Japan could decide on the status of Taiwan, which it earlier renounced under the 1951 Treaty of San Francisco, by choosing either the Republic of China or the People's Republic to end the state of war between them. As Tokyo opted for Taipei, Taiwan belongs to the Republic of China under the 1952 treaty.

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<>Moreover, uti possidetis applies. It is a principle in international law that a conclusion or treaty of peace between belligerents vests in them respectively as absolute property the territory under their actual control and the things attached to it and the movables then in their possession except as otherwise stipulated . Formosa and the Pescadores, which Japan was required to return to the Republic of China in accordance with the Cairo Declaration of 1943, were under control of the government of Chiang Kai-shek when peace was concluded. There was no stipulation otherwise. Japan did not mention to whom Taiwan should belong, but Tokyo's official stance is that Japan was in no position to name the country that would accept the island which was no longer in their possession in accordance with the Peace Treaty of San Francisco.

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<>All this is fully known to President Chen, who, however, is cooking up a bizarre theory of an American military government to get a reprieve, which even he himself may not believe would come. But he has alienated or angered his hardcore independence activist supporters in the process. He has dethroned himself as godfather of Taiwan's independence movement by proclaiming he was a mere petty satrap for the Americans, while he served as president of what he wished to call a republic of Taiwan. As a matter of fact, he admitted his seemingly hard work for an independent Taiwan is nothing but a well-orchestrated con game.

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<>The admission is making it possible for the hard-pressed opposition party to emerge from the long shadow of President Chen. It is more than enough cause for celebration for the party, which scored two wins in an electoral encounter with the ruling Kuomintang on last Saturday. Its candidate won a landslide in a legislative by-election in Yunlin, while voters on the Pescadores rejected a Kuomintang-supported casino referendum.

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