1931 ROC Constitution Re: ROC Sovereign Territory As enacted on May 12, 1931, and promulgated on June 1, the Constitution of the Republic of China during the Political Training Period, in Article 1 specifies: "The territory of the Republic of China includes all the provinces plus Mongolia and Tibet." Commentary: Some pro-China scholars continually claim that due to various rationale, by the early 1930s the 1895 Treaty of Shimonoseki was no longer valid, and Taiwan was regarded as part of China's national territory. The content of the 1931 Constitution clearly shows that such claims are false. The remarks of Chairman Mao, as given above, also show that such claims are false. ITEM #1

1936 ROC Constitution Re: ROC Sovereign Territory On May 2, 1936, as passed by the Legislative Yuan, but not reviewed by the National Assembly Representatives, the draft of the often-called May 5th Constitution, in Article 4, Paragraph 1, specifies: "The territory of the Republic of China is Jiangsu, Zhejiang, Anhui, Jiangxi, Hubei, Hunan, Sichuan, Xikang, Hebei, Shandong, Shanxi, Henan, Shaanxi, Gansu, Qinghai, Fujian, Guangdong, Guangxi, Yunnan, Guizhou, Liaoning, Jilin, Heilongjiang, Rehe, Chahar, Suiyuan, Ningxia, Xinjiang, Mongolia, Tibet, etc. inherent territory." Commentary: As clearly outlined above, the 1936 draft known as the May 5th Constitution contained a detailed listing of all Chinese provinces. Taiwan was not included. ITEM #2

October 25, 1945 Re: ROC Sovereign Territory After the Japanese surrender ceremonies of Oct. 25, 1945, the ROC regime announced "Taiwan Retrocession Day," claiming that the territorial sovereignty of Taiwan had been returned to China on this date. Commentary: Such an announcement did not correspond with the views of the other Allies. Among the Allies, there was no recognition of any legal transfer of Taiwan's territorial sovereignty to China in 1945.   [ LINK ] UK government officials consistently held that there was no transfer of Taiwan’s territorial sovereignty in 1945, [ LINK ] and that unilateral declarations by Chinese government officials could not affect the legal status of Formosa.   [ LINK ] Under the 1907 Hague Regulations, the Japanese surrender ceremonies of October 25, 1945, can only be interpreted as the beginning of the military occupation of Taiwan. International law states that military occupation does not transfer sovereignty. Moreover, in occupied territory, an announcement of annexation, or of the mass naturalization of the local populace, or of the promulgation of a new criminal code and legal structure, etc. are all war crimes. Importantly, neither the Hague Conventions (FN: 2) nor the Geneva Conventions recognize any special "rights or privileges" that the troops accepting the surrender may obtain. ITEM #3

1947 ROC Constitution Re: ROC Sovereign Territory Article 4 of the Constitution of the Republic of China, as enacted on December 25, 1946, promulgated on January 1, 1947, and implemented on December 25, 1947, in Article 4 specifies: "The territory of the Republic of China according to its existing national boundaries shall not be altered except by resolution of the National Assembly." Alternate translation: "The territory of the Republic of China according to its inherent territory shall not be altered except by resolution of the National Assembly." Commentary: When examining Article 4 of the 1947 Constitution, in order to understand the meaning of the terminology "existing national boundaries" or "inherent territory," it appears necessary to investigate the content of earlier versions of the ROC Constitution, to see if more specific details are available. From June 1936 through November 1946 there were no new drafts of an ROC Constitution. Hence, we must return to the 1936 draft known as the May 5th Constitution, which contains a detailed listing of all the Chinese provinces. The result of completing such an investigation shows that prior to 1947 Taiwan was not regarded as being within the "existing national boundaries." As a result, the addition of Taiwan to the national territory would require a resolution of the National Assembly in order to complete all necessary legal procedures. Significantly, from the second-half of the 20th century up to today, although the claims of many pro-China scholars to the effect that Taiwan has already been incorporated into Chinese territory are often heard, any proof which can substantiate such claims appears to be lacking. Specifically, in regard to the alleged incorporation of Taiwan into the ROC's national territory, a complete overview of the historical record shows that from the implementation of the 1947 Constitution to the present, there is no resolution of the National Assembly on record, from the end of WWII in 1952 to the present, there is no international treaty reference which can be given, (to prove that Taiwan belongs to the ROC). ITEM #4

Sheng v. Rogers Oct. 6, 1959 Re: ROC Sovereign Territory A 1959 court case in Washington D.C. confirmed that Taiwan had not been incorporated into Chinese territory after the close of hostilities in WWII. Commentary: In the case of Sheng v. Rogers (D.C. Circuit, Oct. 6, 1959), quoting from official pronouncements of the Department of State, the judges held that: " . . . the provisional capital of the Republic of China has been at Taipei, Taiwan (Formosa) since December 1949; that the Government of the Republic of China exercises authority over the island; that the sovereignty of Formosa has not been transferred to China; and that Formosa is not a part of China as a country, at least not as yet, and not until and unless appropriate treaties are hereafter entered into. Formosa may be said to be a territory or an area occupied and administered by the Government of the Republic of China, but is not officially recognized as being a part of the Republic of China." Complete details regarding this important court case have been posted online.   [ LINK ] ITEM #5