Jenna Cody :
Is Taiwan a real China?
No, and with the exception of a few intervening decades - here’s the part that’ll surprise you - it never has been.
This’ll blow your mind too: that it never has been doesn’t matter.
So let’s start with what doesn’t actually matter.
Until the 1600s, Taiwan was indigenous. Indigenous Taiwanese are not Chinese, they’re Austronesian. Then it was a Dutch colony (note: I do not say “it was Dutch”, I say it was a Dutch colony). Then it was taken over by Ming loyalists at the end of the Ming dynasty (the Ming loyalists were breakaways, not a part of the new Qing court. Any overlap in Ming rule and Ming loyalist conquest of Taiwan was so brief as to be inconsequential).
Only then, in the late 1600s, was it taken over by the Chinese (Qing). But here’s the thing, it was more like a colony of the Qing, treated as - to use Emma Teng’s wording in Taiwan’s Imagined Geography - a barrier or barricade keeping the ‘real’ Qing China safe. In fact, the Qing didn’t even want Taiwan at first, the emperor called it “a ball of mud beyond the pale of civilization”. Prior to that, and to a great extent at that time, there was no concept on the part of China that Taiwan was Chinese, even though Chinese immigrants began moving to Taiwan under Dutch colonial rule (mostly encouraged by the Dutch, to work as laborers). When the Spanish landed in the north of Taiwan, it was the Dutch, not the Chinese, who kicked them out.
Under Qing colonial rule - and yes, I am choosing my words carefully - China only controlled the Western half of Taiwan. They didn’t even have maps for the eastern half. That’s how uninterested in it they were. I can’t say that the Qing controlled “Taiwan”, they only had power over part of it.
Note that the Qing were Manchu, which at the time of their conquest had not been a part of China: China itself essentially became a Manchu imperial holding, and Taiwan did as well, once they were convinced it was not a “ball of mud” but actually worth taking. Taiwan was not treated the same way as the rest of “Qing China”, and was not administered as a province until (I believe) 1887. So that’s around 200 years of Taiwan being a colony of the Qing.
What happened in the late 19th century to change China’s mind? Japan. A Japanese ship was shipwrecked in eastern Taiwan in the 1870s, and the crew was killed by hostile indigenous people in what is known as the Mudan Incident. A Japanese emissary mission went to China to inquire about what could be done, only to be told that China had no control there and if they went to eastern Taiwan, they did so at their own peril. China had not intended to imply that Taiwan wasn’t theirs, but they did. Japan - and other foreign powers, as France also attempted an invasion - were showing an interest in Taiwan, so China decided to cement its claim, started mapping the entire island, and made it a province.
So, I suppose for a decade or so Taiwan was a part of China. A China that no longer exists.
It remained a province until 1895, when it was ceded to Japan after the (first) Sino-Japanese War. Before that could happen, Taiwan declared itself a Republic, although it was essentially a Qing puppet state (though the history here is interesting - correspondence at the time indicates that the leaders of this ‘Republic of Taiwan’ considered themselves Chinese, and the tiger flag hints at this as well. However, the constitution was a very republican document, not something you’d expect to see in Qing-era China.) That lasted for less than a year, when the Japanese took it by force.
This is important for two reasons - the first is that some interpretations of IR theory state that when a colonial holding is released, it should revert to the state it was in before it was taken as a colony. In this case, that would actually be The Republic of Taiwan, not Qing-era China. Secondly, it puts to rest all notions that there was no Taiwan autonomy movement prior to 1947.
In any case, it would be impossible to revert to its previous state, as the government that controlled it - the Qing empire - no longer exists. The current government of China - the PRC - has never controlled it.
After the Japanese colonial era, there is a whole web of treaties and agreements that do not satisfactorily settle the status of Taiwan. None of them actually do so - those which explicitly state that Taiwan is to be given to the Republic of China (such as the Cairo declaration) are non-binding. Those that are binding do not settle the status of Taiwan (neither the treaty of San Francisco nor the Treaty of Taipei definitively say that Taiwan is a part of China, or even which China it is - the Treaty of Taipei sets out what nationality the Taiwanese are to be considered, but that doesn’t determine territorial claims). Treaty-wise, the status of Taiwan is “undetermined”.
Under more modern interpretations, what a state needs to be a state is…lessee…a contiguous territory, a government, a military, a currency…maybe I’m forgetting something, but Taiwan has all of it. For all intents and purposes it is independent already.
In fact, in the time when all of these agreements were made, the Allied powers weren’t as sure as you might have learned about what to do with Taiwan. They weren’t a big fan of Chiang Kai-shek, didn’t want it to go Communist, and discussed an Allied trusteeship (which would have led to independence) or backing local autonomy movements (which did exist). That it became what it did - “the ROC” but not China - was an accident (as Hsiao-ting Lin lays out in Accidental State).
In fact, the KMT knew this, and at the time the foreign minister (George Yeh) stated something to the effect that they were aware they were ‘squatters’ in Taiwan.
Since then, it’s true that the ROC claims to be the rightful government of Taiwan, however, that hardly matters when considering the future of Taiwan simply because they have no choice. To divest themselves of all such claims (and, presumably, change their name) would be considered by the PRC to be a declaration of formal independence. So that they have not done so is not a sign that they wish to retain the claim, merely that they wish to avoid a war.
It’s also true that most Taiwanese are ethnically “Han” (alongside indigenous and Hakka, although Hakka are, according to many, technically Han…but I don’t think that’s relevant here). But biology is not destiny: what ethnicity someone is shouldn’t determine what government they must be ruled by.
Through all of this, the Taiwanese have evolved their own culture, identity and sense of history. They are diverse in a way unique to Taiwan, having been a part of Austronesian and later Hoklo trade routes through Southeast Asia for millenia. Now, one in five (I’ve heard one in four, actually) Taiwanese children has a foreign parent. The Taiwanese language (which is not Mandarin - that’s a KMT transplant language forced on Taiwanese) is gaining popularity as people discover their history. Visiting Taiwan and China, it is clear where the cultural differences are, not least in terms of civic engagement. This morning, a group of legislators were removed after a weekend-long pro-labor hunger strike in front of the presidential palace. They were not arrested and will not be. Right now, a group of pro-labor protesters is lying down on the tracks at Taipei Main Station to protest the new labor law amendments.
This would never be allowed in China, but Taiwanese take it as a fiercely-guarded basic right.
*
Now, as I said, none of this matters.
What matters is self-determination. If you believe in democracy, you believe that every state (and Taiwan does fit the definition of a state) that wants to be democratic - that already is democratic and wishes to remain that way - has the right to self-determination. In fact, every nation does. You cannot be pro-democracy and also believe that it is acceptable to deprive people of this right, especially if they already have it.
Taiwan is already a democracy. That means it has the right to determine its own future. Period.
Even under the ROC, Taiwan was not allowed to determine its future. The KMT just arrived from China and claimed it. The Taiwanese were never asked if they consented. What do we call it when a foreign government arrives in land they had not previously governed and declares itself the legitimate governing power of that land without the consent of the local people? We call that colonialism.
Under this definition, the ROC can also be said to be a colonial power in Taiwan. They forced Mandarin - previously not a language native to Taiwan - onto the people, taught Chinese history, geography and culture, and insisted that the Taiwanese learn they were Chinese - not Taiwanese (and certainly not Japanese). This was forced on them. It was not chosen. Some, for awhile, swallowed it. Many didn’t. The independence movement only grew, and truly blossomed after democratization - something the Taiwanese fought for and won, not something handed to them by the KMT.
So what matters is what the Taiwanese want, not what the ROC is forced to claim. I cannot stress this enough - if you do not believe Taiwan has the right to this, you do not believe in democracy.
And poll after poll shows it: Taiwanese identify more as Taiwanese than Chinese (those who identify as both primarily identify as Taiwanese, just as I identify as American and Armenian, but primarily as American. Armenian is merely my ethnicity). They overwhelmingly support not unifying with China. The vast majority who support the status quo support one that leads to eventual de jure independence, not unification. The status quo is not - and cannot be - an endgame (if only because China has declared so, but also because it is untenable). Less than 10% want unification. Only a small number (a very small minority) would countenance unification in the future…even if China were to democratize.
The issue isn’t the incompatibility of the systems - it’s that the Taiwanese fundamentally do not see themselves as Chinese.
A change in China’s system won’t change that. It’s not an ethnic nationalism - there is no ethnic argument for Taiwan (or any nation - didn’t we learn in the 20th century what ethnicity-based nation-building leads to? Nothing good). It’s not a jingoistic or xenophobic nationalism - Taiwanese know that to be dangerous. It’s a nationalism based on shared identity, culture, history and civics. The healthiest kind of nationalism there is. Taiwan exists because the Taiwanese identify with it. Period.
There are debates about how long the status quo should go on, and what we should risk to insist on formal recognition. However, the question of whether or not to be Taiwan, not China…
…well, that’s already settled.
The Taiwanese have spoken and they are not Chinese.
Whatever y’all think about that doesn’t matter. That’s what they want, and if you believe in self-determination you will respect it.
If you don’t, good luck with your authoritarian nonsense, but Taiwan wants nothing to do with it.
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As BNO, 按 The Bill of Rights 1688,係有憲制上的權利直接向英皇請願。本信涉及兩件事一併請願。1.元朗恐襲同2. 警暴涉事英警官。若非BNO或團体可分兩信比英首相 Boris Johnson, 前一信作日己公開樣本,警暴一事樣本明天公開。若分兩信給 Your Queen 亦可,可寫更多詳情(copy the content from letter to PM)。(請廣傳及代貼連登)
..................................................
Wong, Kwok Ngon
(address)
25th July, 2019
Her Majesty The Queen Elizabeth II,
Buckingham Palace
London
SW1A 1AA
Dear Madam,
My name is KN Wong, a British Nationals Overseas (“BNO”) in Hong Kong. In exercise of my constitutional right to petition guaranteed in The Bill of Rights 1688, I would like to submit this petition letter to Your Majesty.
Firstly, I would like to draw Your Majesty’s attention on an organized attack on ordinary citizens in Yuen Long, a district in Hong Kong, at the night of 21st July, 2019. It is now widely alleged to be an act of terrorism. I shall leave the details to your able servants and advisers.
The fact that Your Majesty’s Kingdom is a popular destination of immigration and study among the indigenous villagers in Yuen Long is widely known among HongKongers. It appears that there is a need for Your Majesty’s concern over this matter as both the attackers, the attacked and the organizer(s) may include a significant number of British Subjects and British Nationals Overseas.
I therefore submit that Your Majesty’s exercise of right Royal Prerogative to punish the villains and protect the innocents. I would also like to urge Your Majesty to instruct your Government to make investigations into the “Yuen Long Terrorists Attack”, and based on the findings, repeal or suspend the British Subjects of those involved, including their family members as appropriate, and frozen their property in UK as appropriate. Such investigation may include any British Nationals Overseas (BNO) , if appropriate.
Furthermore, Madam, please be noted a speech by Your Right Honourable MP Helen Goodman in the Parliament on 2n July 2019, asking what Your Majesty’s Government should do to pursue explicit “police brutality” committed by Justin Shave and 2 other two senior police officers. Your Majesty’s Government is concerned as these three officers are British subjects and are known to be responsible for the ordering of a number of incidents of police brutality the crackdown on peaceful demonstrations by students and young persons in Hong Kong, in which there was unjustified, wide use of tear gas, rubber bullets and pepper sprays, and excessive baton attacks on non resisting citizens.
Pursuant to The Statute of International Criminal Court 1998 (ICC, Rome Statute), in which Your Majesty’s Kingdom has been a signatory state, the aforesaid police brutality should be classified as a crime of torture, a crime against humanity that falls within the jurisdiction of the ICC and the Rome Statute. (Art 5(b))
According to Art.7(2)(e) of the ICC, Rome Statue, "torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused. This definition is in line with the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted by the General Assembly of the United Nations on 10 December 1984.
At the same time, The Laws of Hong Kong (Crimes (Torture) Ordinance, Cap. 427) defines torture as “intentionally inflicts severe pain or suffering on another in the performance or purported performance of his or her official duties.” Thus, the said police officers in Hong Kong cannot excuse themselves by claiming that they do not know that torture is by itself a crime locally and internationally.
As Your Majesty may be well aware, the ICC has governing jurisdiction on “The State of which the person accused of the crime is a national.” (Art 12(2)(b)) Therefore, ICC has jurisdiction to investigate and prosecute Justin Shave and any British Subject police officers in Hong Kong for the said police brutality. Your Majesty’s Government, as signatory state, is thus under an international obligation to assist and facilitate all relevant investigations and subsequent prosecutions.
On the other hand, I take this opportunity to urge Your Majesty to clarify one position important to all police officers in Hong Kong who are holders of the British Nationals (Overseas) passport (“BNO”). The Laws of the United Kingdom recognize the British Nationals (Overseas) as a class of British Nationality. I therefore assume that BNO holders are also subject to the jurisdiction of the British Government and the ICC unless those holders had renounced their BNO passports and thus their status of being a British National before the commission of police brutality.
It would be much comforting for all humble BNO holders, including me, if we could be furnished with a reply from Your Majesty at your earliest convenience.
With greatest respect,
KN Wong (Mr.)
LLB, LLM, Mphil, BA Philosophy
A retired law lecturer
Hong Kong ID ....
indigenous definition 在 On8 Channel - 岸仔 頻道 Facebook 的精選貼文
As BNO, 按 The Bill of Rights 1688,係有憲制上的權利直接向英皇請願。本信涉及兩件事一併請願。1.元朗恐襲同2. 警暴涉事英警官。若非BNO或團体可分兩信比英首相 Boris Johnson, 前一信作日己公開樣本,警暴一事樣本明天公開。若分兩信給 Your Queen 亦可,可寫更多詳情(copy the content from letter to PM)。(請廣傳及代貼連登)
..................................................
Wong, Kwok Ngon
(address)
25th July, 2019
Her Majesty The Queen Elizabeth II,
Buckingham Palace
London
SW1A 1AA
Dear Madam,
My name is KN Wong, a British Nationals Overseas (“BNO”) in Hong Kong. In exercise of my constitutional right to petition guaranteed in The Bill of Rights 1688, I would like to submit this petition letter to Your Majesty.
Firstly, I would like to draw Your Majesty’s attention on an organized attack on ordinary citizens in Yuen Long, a district in Hong Kong, at the night of 21st July, 2019. It is now widely alleged to be an act of terrorism. I shall leave the details to your able servants and advisers.
The fact that Your Majesty’s Kingdom is a popular destination of immigration and study among the indigenous villagers in Yuen Long is widely known among HongKongers. It appears that there is a need for Your Majesty’s concern over this matter as both the attackers, the attacked and the organizer(s) may include a significant number of British Subjects and British Nationals Overseas.
I therefore submit that Your Majesty’s exercise of right Royal Prerogative to punish the villains and protect the innocents. I would also like to urge Your Majesty to instruct your Government to make investigations into the “Yuen Long Terrorists Attack”, and based on the findings, repeal or suspend the British Subjects of those involved, including their family members as appropriate, and frozen their property in UK as appropriate. Such investigation may include any British Nationals Overseas (BNO) , if appropriate.
Furthermore, Madam, please be noted a speech by Your Right Honourable MP Helen Goodman in the Parliament on 2n July 2019, asking what Your Majesty’s Government should do to pursue explicit “police brutality” committed by Justin Shave and 2 other two senior police officers. Your Majesty’s Government is concerned as these three officers are British subjects and are known to be responsible for the ordering of a number of incidents of police brutality the crackdown on peaceful demonstrations by students and young persons in Hong Kong, in which there was unjustified, wide use of tear gas, rubber bullets and pepper sprays, and excessive baton attacks on non resisting citizens.
Pursuant to The Statute of International Criminal Court 1998 (ICC, Rome Statute), in which Your Majesty’s Kingdom has been a signatory state, the aforesaid police brutality should be classified as a crime of torture, a crime against humanity that falls within the jurisdiction of the ICC and the Rome Statute. (Art 5(b))
According to Art.7(2)(e) of the ICC, Rome Statue, "torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused. This definition is in line with the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted by the General Assembly of the United Nations on 10 December 1984.
At the same time, The Laws of Hong Kong (Crimes (Torture) Ordinance, Cap. 427) defines torture as “intentionally inflicts severe pain or suffering on another in the performance or purported performance of his or her official duties.” Thus, the said police officers in Hong Kong cannot excuse themselves by claiming that they do not know that torture is by itself a crime locally and internationally.
As Your Majesty may be well aware, the ICC has governing jurisdiction on “The State of which the person accused of the crime is a national.” (Art 12(2)(b)) Therefore, ICC has jurisdiction to investigate and prosecute Justin Shave and any British Subject police officers in Hong Kong for the said police brutality. Your Majesty’s Government, as signatory state, is thus under an international obligation to assist and facilitate all relevant investigations and subsequent prosecutions.
On the other hand, I take this opportunity to urge Your Majesty to clarify one position important to all police officers in Hong Kong who are holders of the British Nationals (Overseas) passport (“BNO”). The Laws of the United Kingdom recognize the British Nationals (Overseas) as a class of British Nationality. I therefore assume that BNO holders are also subject to the jurisdiction of the British Government and the ICC unless those holders had renounced their BNO passports and thus their status of being a British National before the commission of police brutality.
It would be much comforting for all humble BNO holders, including me, if we could be furnished with a reply from Your Majesty at your earliest convenience.
With greatest respect,
KN Wong (Mr.)
LLB, LLM, Mphil, BA Philosophy
A retired law lecturer
Hong Kong ID ....
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