Roger C. S. Lin et al. v. United States of America

Court Decision:

March 18, 2008 District Court Decision

Important quotation(s) from the decision:
Plaintiffs have essentially been persons without a state for almost 60 years. The last completely clear statement of authority over Taiwan came from General MacArthur in 1945. One can understand and sympathize with Plaintiffs' desire to regularize their position in the world.

. . . . .

According to the Plaintiffs, the decision not to cede Formosa to China was a considered judgment.   . . . . the final draft of the SFPT did not transfer "full sovereignty" in Taiwan and the Pescadores Islands from Japan to China.   . . . . Instead, Article 23 designated the United States as "the principal occupying Power," with the government of the ROC as its agent.

decision: US District Court Washington, D.C.     (pdf)


Nov. 3, 2008   Appeal to Court of Appeals
Washington, D.C.

Court Decision:

April 7, 2009   Court of Appeals Decision

Important quotation(s) from the decision:
America and China's tumultuous relationship over the past sixty years has trapped the inhabitants of Taiwan in political purgatory. During this time the people on Taiwan have lived without any uniformly recognized government. In practical terms, this means they have uncertain status in the world community which infects the population's day-to-day lives. This pervasive ambiguity has driven Appellants to try to concretely define their national identity and personal rights.

. . . . .

Once the Executive determines Taiwan's sovereign we can decide Appellant's resulting status and concomitant rights expeditiously.   . . . . . Appellants insist they do not ask the court to determine Taiwan's sovereign; however, without knowing Appellants' status, we cannot delineate Appellants' resultant rights.

decision: US Court of Appeals Washington, D.C.     (pdf)

Background Information to the Lawsuit:

The United States Government has not recognized Taiwan to be "Chinese territory"  

webpage: Authoritative Sources    (htm)