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Therefore under the customary laws of warfare it is the United States of America which will be
the occupying power of Taiwan
As we see
the military occupation was handled by the Republic of China military forces
thus resulting in a principal - subordinate relationship.
This relationship is fully recognized by the San Francisco Peace Treaty
of 1952
Article 23(a) specifies
the United States of America is the principal occupying power
At the same time we know that military government is the form of administration by which an
occupying power exercises governmental authority over occupied territory And Article 4(b) of the San Francisco Peace Treaty gives the United States
Military Government jurisdiction over Taiwan, in a similar fashion that it was given jurisdiction over the Ryukyu Island Group
At the same time we see that Article 2(b) announces that Japan renounces all right, title,
and claim to Formosa and the Pescadores
thus resulting in a situation where Japan gave up her authority over these islands but no "receiving country"
was specified
As a result
Taiwan remains under the jurisdiction of the United States Military Government as an intermi status
condition
There has been nothing which has happened from the period of 1952
when the San Francisco Peace Treaty came into force up to the present day which has changed this situation
The United States remains as the principal occupying power
over Taiwan territory up to the present day
Therefore, although regretabbly
66 years late
we are raising
the United States flag
over Taiwan territory, and at this point
I must offer my humble apologies to the Taiwanese people
for our lateness
in taking this action
However, we assume that in the future
these matters will proceed more smoothly
Therefore we are making arrangements
for Taiwan to be separated into Six States
and
to begin issuance of United States authorized ID cards
So, today
I want to offer my thanks to all the members of
the Cabinets of the Six States
as well as our central government Cabinet
all of our officers and members of the
Taiwan Civil Government Senate
and the Senates of the Six States
as well as all of our supporters and
other representatives who have joined us here today
to celebrate this historic occasion
so
I hope that
in the future
we can spread our influence to all corners of Taiwan, and
in some way
make sure that the Taiwanese people
can realize
the guarantees
under the constitution which are rightfully theirs
as an overseas territory of the United States under military government
and at the most basic level of course those are the guarantees of the Fifth Amendment:
life, liberty, property, and due process of law
so
With these brief remarks
I will conclude my statement
here
this morning July 23, 2011, in Taoyuan, at our Taiwan Civil Government Central Office Building. Thank you very much