TAIWAN
an area under the jurisdiction of the
UNITED STATES MILITARY GOVERNMENT

1) http://www.state.gov/s/inr/rls/4250.htm   Independent States in the World

2) http://travel.state.gov/visa/fees/fees_5455.html?cid=9776   Passport Must Contain Unrestricted Reentry Permit

3) http://www.state.gov/r/pa/ei/bgn/35855.htm   Background Note: Taiwan

4) https://www.cia.gov/library/publications/the-world-factbook/geos/tw.html   CIA World Factbook: Taiwan

5) http://www.ait.org.tw/en/taiwan-relations-act.html   Taiwan Relations Act

MILITARY GOVERNMENT

Military government is the form of administration by which an occupying power exercises governmental authority over occupied territory. It is necessary to understand some basic concepts about the functioning of "military government" in order to understand the meaning of certain clauses in the post-war San Francisco Peace Treaty (SFPT), and how they will be implemented.

Some important clauses of the treaty are as follows:

Article 2 (b) Japan renounces all right, title and claim to Formosa and the Pescadores. Article 3 Japan will concur in any proposal of the United States to the United Nations to place under its trusteeship system, with the United States as the sole administering authority, Nansei Shoto south of 29deg. north latitude (including the Ryukyu Islands and the Daito Islands), Nanpo Shoto south of Sofu Gan (including the Bonin Islands, Rosario Island and the Volcano Islands) and Parece Vela and Marcus Island. Pending the making of such a proposal and affirmative action thereon, the United States will have the right to exercise all and any powers of administration, legislation and jurisdiction over the territory and inhabitants of these islands, including their territorial waters. Article 4 (b) Japan recognizes the validity of dispositions of property of Japan and Japanese nationals made by or pursuant to directives of the United States Military Government in any of the areas referred to in Articles 2 and 3. Article 23 (a) . . . . . , including the United States of America as the principal occupying Power, . . . . .

Important definition

Property -- (1) something, as land and assets, legally possessed, (2) a piece of real estate, (3) something tangible or intangible to which its owner has legal title, (4) the right of ownership; title.

The SFPT came into force on April 28, 1952, and according to Articles 3 and 4(b) of the treaty, the Ryukyus were formally elevated to the status of United Nations Trusteeship, while continuing under the jurisdiction of the United States Military Government.

The military occupation of Formosa and the Pescadores (aka "Taiwan") by the Chinese Nationalists (aka "Republic of China" military troops) was authorized by General Order No. 1, issued by General Douglas MacArthur on Sept. 2, 1945. According to Article 2(b) of the SFPT, Japan renounced all right, title and claim to these islands, but no "receiving country" was specified. Importantly, Article 4(b) of the treaty confirmed that Taiwan was/is under the jurisdiction of the United States Military Government, with Article 23(a) specifying that the United States of America is the principal occupying power.