1. The sphere over which the Nationalist Government exercises effective control was reduced in 1949 from the 3,880,000 square miles and 450 million people of the whole of China to Taiwan proper, the Pescadores and the tiny islands of Quemoy and Matsu off the east coast of China, with combined dimensions of about 13,890 square miles and 11 million people. Of the population of Taiwan, 85 per cent, are native Taiwanese, the rest are Chinese who followed the Nationalist Govern ment to the islands after the Second World War.

2. This is the predecessor of the present Garrison Command of the Chinese Nationalist Army.

3. According to Article 39 of the Chinese Nationalist Constitution of 1947, the President may declare martial law only with the approval of, or subject to confirmation by, the Congress (Legislative Yuan), and when the Congress deems it necessary, it may by resolution request the President to terminate martial law. But since 10 May 1948, the National Assembly has given the President the power “during the period of Communist rebellion” to take emergency measures without being subject to the restriction prescribed in this constitutional clause.

4. Declaration of the State of Siege, Taiwan Peace Preservation Command, 19 May 1949. The translation of this Declaration is the author's. In later citations, unless otherwise noted, the translations follow those of the Laws of the Republic of China, First Series: Major Laws, trans, and comp. by Law Revision Planning Group, CUSA, The Executive Yuan, The Republic of China (Taipei, Taiwan, 1961).

5. Promulgated on 29 November 1934 and amended on 19 May 1945 and on 14 January 1949.

6. The Constitution of the Republic of China, adopted by the National Assembly on 26 December 1946, promulgated by the National Government on 1 January 1947 and effective from 25 December 1947.

7. Article 8: “Personal freedom shall be guaranteed to the people. Except in case of flagrante delicto as provided by law, no person shall be arrested or detained otherwise than by a judicial or a police organ in accordance with the procedure prescribed by law. No person shall be tried or punished otherwise than by a law court in accordance with the procedure prescribed by law. Any arrest, detention, trial, or punishment which is not in accordance with the procedure prescribed by law may be resisted.

When a person is arrested or detained on suspicion of having committed a crime, the organ making the arrest or detention shall in writing inform the said person and his designated relative or friend of the grounds for his arrest or detention, and shall, within 24 hours, turn him over to a competent court for trial. The said person, or any other person, may petition the competent court that a writ be served within 24 hours on the organ making the arrest for the surrender of the said person for trial.

The court shall not reject the petition mentioned in the preceding paragraph, nor shall it order the organ concerned to make an investigation and report first. The organ concerned shall not refuse to execute, or delay in executing, the writ of the court for the surrender of the said person for trial.

When a person is unlawfully arrested or detained by any organ, he or any other person may petition the court for an investigation. The court shall not reject such a petition, and shall, within 24 hours, investigate the action of the organ concerned and deal with the matter in accordance with law.”

8. Article 11: “The people shall have freedom of speech, teaching, writing, and publication.”

9. Article 12: “The people shall have freedom of privacy of correspondence.”

10. Article 13: “The people shall have freedom of religious belief.”

11. Article 14: “The people shall have freedom of assembly and of association.”

12. Article 16: “The people shall have the right of presenting petitions, lodging complaints, or instituting legal proceedings.”

13. Article 9: “Except those in active military service, no person shall be subject to trial by a military tribunal.”

14. Black, Henry Campbell (ed.), Black's Law Dictonary (4th ed., Saint Paul, Minn., 1951), p. 1319.Google Scholar

15. Statute for Punishment of Rebellion, promulgated on 21 June 1949, that is, 33 days after the proclamation of the state of siege, and amended on 26 April 1950 and on 26 July 1958. All citations from this kw are the author's translation.

16. Statute for Denunciation and Suppression of Rebels, promulgated on 13 June 1950, and amended on 28 December 1954. All citations from this law are the author's translation.

17. Military Trial Law, promulgated on 7 July 1956 and amended on 24 December 1959.

18. The Council of Grand Justices was established by Article 79 of the Con stitution. Its function, in the words of the Constitution, is to interpret the Con stitution and to “unify the interpretation of laws and orders.” Its interpretations are legally binding.

19. Judicial Interpretation, Council of Grand Justices, No. 68, 26 November 1956. All citations from this Judicial Interpretation are the author's translation.

20. Criminal Code, promulgated on 1 January 1935, effective from 1 July 1935 and amended on 7 November 1948, 21 July 1954 and 23 October 1954.

21. Chapter I, Criminal Code.

22. Chapter II, Criminal Code.

23. See n. 4 above.

24. See n. 5 above

25. Criminal Law of the Armed Forces, promulgated on 25 September 1924, effective from 25 September 1925, amended on 19 July 1937.

26. See n. 15 above.

27. See n. 16 above.

28. For the acts which, at the present time, constitute political crimes for civilians under Nationalist laws see Appendix, below, p. 491.

29. See n. 20 above.

30. I, Article 100, Criminal Code, see n. 20 above.

31. I, Article 2, Statute for Punishment of Rebellion, see note 15 above.

32. II, Article 100, Criminal Code, see note 20 above.

33. III, Article 2, Statute for Punishment of Rebellion, see note 15 above.

34. I, Article 101, Criminal Code: “A person who with violence commits an offence specified in paragraph I of the preceding article [see note 30 above] shall be punished with imprisonment for life or for not less than seven years; a ring leader shall be punished with death or imprisonment for life.”

35. I, Article 103, Criminal Code: “A person who communicates with a foreign state or its agent with intent that such state or another state begin war against the Republic of China shall be punished with death or imprisonment for life.”

36. I, Article 104, Criminal Code: “A person who communicates with a foreign state or its agent with intent to subject territory of the Republic of China to such state or another state shall be punished with death or imprisonment for life.”

37. See note 20 above.

38. The last paragraph, Article 2, Statute for Punishment of Rebellion, see note 15 above.

39. II, Article 101, Criminal Code: “A person who prepares or conspires to commit an offence specified in the preceding paragraph [see note 34 above] shall be punished with imprisonment for not less than one and not more than seven years.”

40. III, Article 103, Criminal Code: “A person who prepares or conspires to commit an offence specified in Paragraph I [see note 35 above] shall be punished with imprisonment for not less than three and not more than 10 years.”

41. III, Article 104, Criminal Code: “A person who prepares or conspires to commit an offence specified in paragraph I [see note 36 above] shall be punished with imprisonment for not less than three and not more than 10 years.”

42. See note 20 above.

43. Article 8, Statute for Punishment of Rebellion, see note 15 above.

44. See note 4 above.

45. See note 5 above.

46. Military Trial Law, promulgated on 7 July 1956, effective from 1 October 1956, amended on 24 December 1956.

47. Articles 136 to 186, Military Trial Law.

48. Articles 187 to 216, Military Trial Law.

49. Article 199, Military Trial Law.

50. Article 80, Criminal Code.

51. See notes 18 and 19 above.

52. The wording of the Judicial Interpretation is: “Whoever once belonged to a rebellious organization shall be regarded as continually belonging to such until he surrenders himself.” The Nationalist Government and its courts have always considered any dissent to be necessarily linked to a wide anti-governmental con spiracy, real or imaginary, and in their view any political offender is, by definition, a member of a “rebellious organization.” So the above interpretation in fact covers the whole range of political offences.

53. E.g., the cases of Fan Tzu-wen, Kuo I-tung (Po-yang), Ch'ui Hsiao-p'ing, Ma Cheng-hai, Lo Heng, Chiang Hai-jung and Shih Yü-wei.

54. See note 20 above.

55. See note 6 above.

56. Constitution of the Provincial Assembly of Taiwan, promulgated on 26 August 1959.

57. Constitution of City and County Councils, promulgated on 21 November 1963, amended on 4 June 1966.

58. See note 6 above.

59. E.g., the cases of Lin Shui-ch'üan, Sung Lin-k'ang and Ma Cheng-feng.

60. The case of the brothers Mou Shao-heng and Mou Ch'i-yü.

61. See note 20 above.

62. See note 16 above.

63. E.g., the case of Mrs. Su Tung-ch'i.

64. See note 20 above.

65. See note 16 above.

66. Measures for the Control of Hooligans During the Enforcement of Martial Law in Taiwan, jointly issued by the Taiwan Provincial Government and the Taiwan Peace Preservation Command (i.e., the predecessor of the present Taiwan Garrison Command) on 30 April 1952.

67. Measures for the Reform of Rebels During the Period of Communist Rebel lion, issued by the Executive Yuan on 4 05 1957 and amended on 3 12 1957.Google Scholar

68. E.g., the cases of Fu Chen (Chung-mei), Yen Ming-sheng, Yu Hsi-ming.

69. See note 20 above.

70. For a more detailed discussion of the international legal status of Taiwan (Formosa), see: Jain, J. P., “The Legal Status of Formosa,” American Journal of International Law, Vol. LVII (01 1963), pp. 25–45CrossRefGoogle Scholar; Ko, Kiansin, “The Legal Status of Formosa from the Viewpoint of International Law,” Formosan Quarterly, Vol. I (1962), pp. 37–38Google Scholar; Chen, Tung-pi, “Legal Status of Formosa,” Philippine International Law Journal, Vol. IV (1965), Nos. 1 and 2, pp. 99–151Google Scholar; Chen, and Lasswell, , Formosa, China and the United Nations (New York, 1967), pp. 87–95Google Scholar; Sheng and Mei v. Wm. P. Rogers, 177 Federal Supplement 281–285.Google Scholar For opposing views, see: Morello, Frank P., The International Legal Status of Formosa (The Hague, 1966)CrossRefGoogle Scholar; Yin-ming, Chao, “The Sovereignty of Taiwan from View-Point of International Law,” Political Review (Taipei), Vol. 13, No. 12Google Scholar (reprinted in the Central Daily News (Taipei), 5 03 1965Google Scholar); Premier Chou En-lai's cable to the UN Secretary General on 24 August 1950 (UN Doc. S/1715; UN Security Council, 5th Year, Official Records, 490th Sess., p. 9; Foreign Languages Press, Important Documents Concerning the Question of Taiwan, No. 22 (Peking: Foreign Languages Press, 1955)Google Scholar; Address by President Chiang Kai-shek, 8 February 1955, Free China Review (Taipei), No. 3 (1955)Google Scholar; Chin-fu, Shao, Oppose the New U.S. Plots to Create ‘Two Chinas’ (Peking: Foreign Languages Press, 1962).Google Scholar

71. Cf. Articles 67–68, Geneva Convention Relative to the Protection of Civilian Persons in Time of War, 12 August 1949 (Treaties and Other International Acts Series (Washington: U.S. Dept. of State), No. 3365); and also Starke, J. G., Introduction to International Law (6th ed., London, 1967), pp. 448–452.Google Scholar

72. See note 6 above.

73. See note 5 above.

74. See note 25 above.

75. See note 16 above.

76. She lived in the cell next to the author's in 1965 in the Taiwan Garrison Command prison at Ching-tao Road in Taipei.

77. It has become a practice of the Garrison Command, when commodity prices rise, publicly to warn traders of possible indictment and “severe punishment” under this law.

78. See note 4 above.

79. See note 6 above.

80. See note 17 above.

81. See note 16 above.

82. Ibid.

83. For security and administrative reasons, all dwellings in Taiwan are organized by law into certain units and put under police supervision. The basic unit is the lin, which consists of about 10 households; above it is the li, made up of about 10 lin; according to the statutes, the chia is the next unit above this, but the unit actually in use in Taiwan is called the ch'ü. Each unit has its own head who is responsible to the police and supervises the members of the households under his jurisdiction.

84. Although the Government has never made public the details of this what may be called built-in incentive system, its existence is common knowledge in Taiwan. During the period of 1964–65 when the author was in prison in Taipei, and of 1965–69 when he was under security surveillance, all the security agents of various ranks he talked to, including Major Wang of the Political Warfare Depart ment of the Garrison Command, Mr. Wang, head of the Public Information Department of the Investigation Bureau, Ministry of Justice, and Mr. Liu, who was assigned to the surveillance of the author, freely, and with a certain air of pride, admitted the existence of this reward system and apparently believed it was an efficient and reasonable way to operate the security apparatus.

85. See note 6 above.

86. Law of Habeas Corpus, promulgated on 22 June 1935, effective from 15 March 1936, and amended on 26 April 1938.

87. The Code of Criminal Procedure, promulgated on 1 January 1935, effective from 1 July 1935 and amended on 25 December 1945 and on 28 January 1967.

88. See note 46 above.