馬已僭越「主要佔領國」權威

Ma Ying-jeou has overstepped the legal authority of the Principal Occupying Power of SFPT

The President Ma Ying-jeou (MYJ) was interviewed by Associated Press last October, in which he revealed that he is going to conclude political agreement with China during his next term.  He denied it and said it was a translation error by AP.  However, MYJ when he raised “the Basic Treaty” between West and East Germany in 1972 to promote Ma’s “mutual non-recognition of sovereignty and mutual non-denial of jurisdiction” with Beijing when he received the vice Chair of Germany Parliament Dr. Hermann Otto Solms on June 14.

MYJ’s attitude of changing Taiwan’s status unilaterally and forcing Taiwan becoming a part of China never alters.

In fact, the occupant authorities had held the highest power over the diplomatic as well as military power of Germany from the defeat of the Third Reich on Jun 5, 1945 to the conclusion of the Treaty on the Final Settlement with Respect to Germany on September 12, 1991.

The Allies instructed “Declaration Regarding the Defeat of Germany and the Assumption of Supreme Authority by Allied Powers” on June 5, 1945, in which they confirmed that the US, UK, USSR and the Provisional Government of the French Republic “… assume supreme authority with respect to Germany, including all the powers possessed by the German Government, the High Command and any state, municipal, or local government or authority.” [1] 
The West Germany started the schedule of rebuilding from 1946.  The occupation authorities first established Länder or states by proclamations and instructions within the Tri-Zone during 1946-1947.  Then the Tri-Zone military governments instructed Länder with “the Frankfurt documents”[2], which was derived from the statement and principles set in the Six-Powers London Conference on June 7 1948.  The Frankfurt Documents comprised three Documents: “I: Constituent Assembly, “II: Land Boundaries,” “III: Occupation Statute.”  The military governors held the power as “Conduct or direct for the time being Germany's foreign relations” and “Ensure the observance of the constitutions which they have approved” etc.  Pursuant to the Documents, the Allies allowed Länder to draft the federal constitution for the West Germany.  After the approval of military governors, the Grundgesetz or the Basic Law came into force.  The Federal Republic of Germany, known as the West Germany established.  The West Germany together with the East, representing Germany as a whole, were admitted to membership in the United Nations on the very same day September 13, 1973.

Not until September 12, 1990 the occupant authorities renounced all their legal power over Germany in the “Treaty on the Final Settlement with Respect to Germany”[3], Germany restored its full sovereignty referring to the internal and external affairs ever since.  It took 46 long years to complete the re-building of Germany.

Any of the two German states have not yet restored the full sovereignty in 1972 when the West Germany concluded the Basic Treaty with the East.  The West engaged with the East was not domestic affairs between both sides.  It was an incident under the context of partition occupation, the related military government, the diplomacy of the Federal Germany to the East Europe or “Ostpolitik” besides the changing relations of the West-East from confrontation to détente during 60s-70s.  The relations between ROC and PRC does not resemble to that of German states.  Being a PhD. of international law, MYJ made the judgment that the exiled Chinese regime at Taipei or Chinese Taipei could overstep the legitimate authority of the Principal Occupying Power, which stipulated in the Treaty of Peace with Japan.  He then misunderstands that the parties across the Strait or Taipei and Beijing can decide the status of Formosan and the Pescadores if they want to do so.

Can MYJ engage with Beijing under the circumstances below: honoring the international treaties, understanding the fact that ROC no longer exists in international community, facing the status quo of Formosa and the Pescadores, and standing firmly by the US-Japan mutual cooperation and security stance, if the history of the Federal Republic of Germany still means anything to MYJ.

馬已僭越「主要佔領國」權威

去年十月馬總統接受美聯社專訪曾脫口說出連任後將與中國簽署政治協議。事後他雖改口否認；殊不知