公告

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ANNOUNCEMENT OF 8 SEPTEMBER 2022

Three newly-released documents of the Formosa Statehood Movement are posted hereon. They are:

(1) Statement by the Formosa Statehood Movement on the Issuance of a Draft Covenant and a

Draft Constitution;

(2) A Draft Covenant to Establish a Commonwealth of Formosa in Political Union with the

United States of America; and

(3) A Draft Constitution for a Territorial Commonwealth of Formosa in the United States of

America.

台灣建州運動公告

茲公佈台灣建州運動最新發佈三項文件，供台灣與美國各界人士討論與研究。

這三項文件包括：

(1) 台灣建州運動關於發佈領地協約(草案)與領地憲法(草案)之聲明

(2) 建立福爾摩沙領地協約(草案)

(3) 福爾摩沙領地憲法(草案)

STATEMENT

BY THE FORMOSA STATEHOOD MOVEMENT

ON THE ISSUANCE OF A DRAFT COVENANT AND A DRAFT CONSTITUTION

Taipei, Taiwan

September 8, 2022

(70th Anniversary of the Signing of the San Francisco Peace Treaty)

The Formosa Statehood Movement, established in 1994, is an organization calling for Formosa's political association with, and integration into, the United States, as an unincorporated and organized territory leading to statehood. It now issues two documents, that is:

(1) A DRAFT COVENANT TO ESTABLISH A COMMONWEALTH OF FORMOSA IN POLITICAL

UNION WITH THE UNITED STATES OF AMERICA, and

(2) A DRAFT CONSTITUTION FOR A TERRITORIAL COMMONWEALTH OF FORMOSA IN THE

UNITED STATES OF AMERICA.

It's time for us, we believe, to give the people of Taiwan, the Formosan diaspora worldwide, the U.S. government, and the American people an opportunity to privately study and openly discuss our proposals and ideas, many of which were brought up, put forth, discussed, negotiated, and settled by both the U.S. government and the people of the Northern Mariana Islands several decades ago.

The legal status of Formosa (Taiwan) has been left undecided since the San Francisco Peace Treaty (SFPT) took effect in 1952. The undetermined status was jointly reaffirmed later by the 96th Congress and Carter administration as the basis of the Taiwan Relations Act of 1979, a U.S. domestic law governing the non-diplomatic relations between the people of the United States and the people on Taiwan.

According to Dr. Lung-chu Chen, a universally acknowledged international law scholar, SFPT's travaux preparatoires shows or implies that "a consensus existed among the states present at the San Francisco Peace Conference that, while the legal status of the island of Taiwan is temporarily undetermined, it would be resolved at a later time in accordance with the principles of peaceful settlement of disputes and self-determination, ideas that had been enshrined in the UN Charter." (Lung-chu Chen: The U.S.-Taiwan-China Relationship in International Law and Policy, Oxford U. Press, Oxford, 2016, p. 80) An almost the same conclusion was drawn after we thoroughly studied the "Record of Proceedings, Conference for the Conclusion and Signature of the Treaty of Peace with Japan, San Francisco, 1951," and examined all the declassified and available U.S. foreign relations documents pertaining to the negotiations held before the said Conference between John Foster Dulles, the architect of the said Conference and Treaty, and his counterparts of the Allied Powers.

The revisionist and expanionist Chinese Communists, who are ruthlessly subverting the Pax Americana and have been paranoiacally claiming that Taiwan is "an inalienable part of the Chinese territories," threaten to conquer and annex Taiwan by force. Adm. Philip S. Davidson (USN, Ret.), then U.S. INDOPACOM Commander, testified before the Senate Armed Services Committee in 2021 that China could try to take control of Taiwan in "next six years." His successor, Adm. John C. Aquilino, said the Chinese threat to invade Taiwan was "closer than most think." A rare and precious window of opportunity would thus be opened for the Formosan people to exercise, with the consent of the U.S. government, the long-overdue right to self-determination by a plebiscite or referendum in Formosa and the Pescadores if the allied forces of the Formosan people, the U.S., Japan, and other liberal democracies turn out to be victors in a forthcoming "Battle of Formosa."

"Formosa as a Territorial Commonwealth of the United States" could become one of the options in a foreseeable plebiscite or referendum for the people of Formosa within a decade. All the parties concerned should recall that John Foster Dulles stated at least on two international occasions that "the United States could exert a legal claim to Taiwan" because it had defeated Japan and Japan had merely renounced sovereignty and rule over Taiwan. ("Memorandum of a Conversation, Department of State, July 1, 1955; in "Foreign Relations of the United States, 1955-1957, China, Vol. II; https://history.state.gov/historicaldocuments/frus/1955-57v02/d282)

Admission of Formosa, an economic and high-tech powerhouse and a strategically located island, into the American Union best serves the security, strategic, political, and economic interests of the United States and all-dimensional interests of the overwhelming majority of the Taiwanese people. Making America a permanent resident power in the Asia-Pacific region also serves the interests of most East Asian countries and the liberal democracies all over the world.

The plan of incorporation of Formosa into the American family, if realized, not only will have the long-cherished wish of the Formosan people accomplished, but also will be Commodore Matthew C. Perry and his contemporaries' dream come true. As George Kerr put it, "In 1853-1954 Commodore Perry wanted to annex Formosa, but knowing that Washington would not approve, suggested a joint Sino-American economic and administrative program, indicating that a well-established American community would in due course petition for union with the United States as the Americans in Hawaii were then proposing to do. He envisioned Formosa as an American outpost guaranteeing peace and order along the Western Pacific rim." (George H. Kerr: Formosa Betrayed, Eyre & Spottiswoode, London, 1966, p. 5)

A DRAFT COVENANT

TO ESTABLISH A COMMONWEALTH OF FORMOSA

IN POLITICAL UNION WITH THE UNITED STATES OF AMERICA

Note 1

This Draft Covenant for the United States and a Territorial Commonwealth of Formosa is for public discussions and private study in Formosa and America only. The document, prepared by David C. Chou and Alex C. L. Chen of the Formosa Statehood Movement, is in large part based on "The Covenant to Establish a Commonwealth of the Northern Mariana Islands (CNMI) in Political Union with the United States of America." Many provisions, articles, sections, and subsections of the U.S.-CNMI Covenant are adopted or duplicated with minor modifications where necessary.

Note 2

We keep some sections in Article III in our first draft intact, which are somewhat inconsistent with, or even contradictory to, Section 505, Article V in our final draft. We make it that way on purpose as we want to leave more room for public discussions.

David C. Chou

Founder of the Formosa Statehood Movement

Taipei, Formosa; August 22, 2022

[Provisions Effective in Stages]

Preamble

[Not Available]

Article I

Political Relationship

Section 101

Formosa and the Pescadores upon termination of the Taiwan Relations Act and revocation of the three U.S.-China Communiques and the Six Assurances to the Governing Authorities in Taiwan will become a self-governing commonwealth to be known as the "Commonwealth of Formosa", in political union with and under the sovereignty of the United States of America.

Section 102

The relations between Formosa and the United States will be governed by this Covenant which, together with those provisions of the Constitution, treaties and laws of the United States applicable to Formosa, will be the supreme law of Formosa.

Section 103

The people of Formosa will have the right of local self-government and will govern themselves with respect to internal affairs in accordance with a Constitution of their own adoption, with the consent of the U.S. Congress.

Section 104

The United States will have complete responsibility for and authority with respect to matters relating to foreign affairs and defense affecting Formosa.

Section 105

The United States may enact legislation in accordance with its constitutional processes which will be applicable to Formosa, but if such legislation cannot also be made applicable to the several States Formosa must be specifically named therein for it to become effective in Formosa. In order to respect the right of self-government guaranteed by this Covenant the United States agrees to limit the exercise of that authority so that the fundamental provisions of this Covenant, namely Articles I, II, and III and Section 501, may be modified only with the consent of the Government of the United States and the Government of Formosa.

Article II

Constitution of Formosa

Section 201

The people of Formosa will formulate and approve a Constitution and may amend their Constitution pursuant to the procedures provided therein.

Section 202

The Constitution will be submitted to the Government of the United States for approval on the basis of its consistency with this Covenant and those provisions of the Constitution, treaties and laws of the United States to be applicable to Formosa. The Constitution will be deemed to have been approved six months after its submission to the President on behalf of the Government of the United States unless earlier approved or disapproved. If disapproved the Constitution will be returned and will be resubmitted in accordance with this section.

Amendments to the Constitution may be made by the people of Formosa without approval by the Government of the United States, but the courts established by the Constitution or laws of the United States will be competent to determine whether the Constitution and subsequent amendments thereto are consistent with this Covenant and with those provisions of the Constitution, treaties and laws of the United States applicable to Formosa.

Section 203

(a) The Constitution will provide for a republican form of government with separate executive, legislative and judicial branches, and will contain a bill of rights.

(b) The executive power of Formosa will be vested in a popularly elected Governor and such other

officials as the Constitution or laws of Formosa may provide.

rightful subjects of legislation. The Constitution of Formosa will provide for appropriate representation

for each of the administrative regions and ethnic groups of Formosa in one house of a bicameral

legislature, notwithstanding other provisions of this Covenant or those provisions of the Constitution

or laws of the United States applicable to Formosa.

(d) The judicial power of Formosa will be vested in such courts as the Constitution or laws of Formosa

may provide. The Constitution or laws of Formosa may vest in such courts jurisdiction over all causes

in Formosa over which any court established by the Constitution or laws of the United States does not

have exclusive jurisdiction.

Section 204

All members of the legislature of Formosa and all officials and employees of the Government of Formosa will take an oath or affirmation to support this Covenant, those provisions of the Constitution, treaties and laws of the United States applicable to Formosa, and the Constitution and laws of Formosa.

Article III

Citizenship and Nationality

Section 301

The following persons and their children under the age of 18 years on the effective date of this Section, who are not citizens or nationals of the United States under any other provision of law, and who on that date do not owe allegiance to any foreign state, are declared to be citizens of the United States, except as otherwise provided in Section 302;

(a) All persons born in Formosa who are citizens of Formosa on the day preceding the effective date of

this Section, and who on that date are domiciled in Formosa or in the United States or any territory or

possession thereof;

(b) All persons who are citizens of Formosa on the day preceding the effective date of this Section, who

have been domiciled continuously in Formosa for at least five years immediately prior to that date,

and who, unless under age, registered to vote in election held in Formosa prior to ______; and

although not citizens of Formosa, on that date have been domiciled continuously in Formosa

beginning prior to _______.

Section 302

Any person who becomes a citizen of the United States solely by virtue of the provisions of Section 301 may within six months after the effective date of that Section or within six months after reaching the age of 18 years, whichever date is the later, become a national but not a citizen of the United States by making a declaration under oath before any court established by the Constitution or laws of the United States or any court of record in the Commonwealth in the form as follows: "I, ---------- being duly sworn, hereby declare my intention to be a national but not a citizen of the United States."

Section 303

All persons born in the Commonwealth on or after the effective date of this Section and subject to the jurisdiction of the United States will be citizens of the United States at birth.

Section 304

Citizens of Formosa other than non-citizen nationals will be entitled to all privileges and immunities of citizens in the several States of the United States.

Article IV

Judicial Authority

Section 401

The United States will establish for and within Formosa several courts of record to be known as the [Federal] District Court for Northern Formosa, Central Formosa, Southern Formosa, or Eastern Formosa. Formosa will constitute a part of the Ninth Circuit of the United States, with two courthouses; one in Taipei, the other in Takao.

Section 402

(a) Each [Federal] District Court will have the jurisdiction of a [federal] district court of the United States,

except that in all causes arising under the Constitution, treaties or laws of the United States it will have

jurisdiction regardless of the sum or value of the matter in controversy.

(b) Each [Federal] District Court will have original jurisdiction in all causes in Formosa not described in

Subsection (a) jurisdiction over which is not vested by the Constitution or laws of Formosa in a court or

courts of Formosa. In causes brought in a District Court solely on the basis of this Subsection, the

District Court will be considered a court of Formosa for the purposes of determining the requirements

of the indictment by grand jury or trial by jury.

jurisdictions over specific subject matters as US Tax Court, US Court of Patent and Trademark, US

Court of International Trade, US Admiralty Court, US Bankruptcy Court, US Alien Terrorist Removal

Court, and US Court for Veterans' Claims.

Section 403

The relations between the courts established by the Constitution or laws of the United States and the courts of Formosa with respect to appeals, certiorari, removal of causes, the issuance of writs of habeas corpus and other matters or proceedings will be governed by the laws of the United States pertaining to the relations between the courts of the United States and the courts of the several States in such matters and proceedings, except as otherwise provided in this Article.

Article V

Applicability of Laws

Section 501

(a) To the extent that they are not applicable of their own force, the following provisions of the

Constitution of the United States will be applicable within Formosa as if Formosa were one of the

several States: Article I, Section 9, Clauses 2, 3, and 8; Article I, Section 10, Clauses 1 and 3; Article IV,

Section 1 and Section 2, Clauses 1 and 2; Amendments 1 through 9, inclusive; Amendment 13;

Amendment 14, Section 1; Amendment 15; Amendment 19; and Amendment 26; provided, however,

that neither trial by jury nor indictment by grand jury shall be required in any civil action or criminal

prosecution based on local law, except where required by local law. Other provisions of or

amendments to the Constitution of the United States, which do not apply of their own force within

Formosa, will be applicable within Formosa only with the approval of the Government of Formosa and

of the Government of the United States.

(b) The applicability of certain provisions of the Constitution of the United States to Formosa will be

without prejudice to the validity of the power of the Congress of the United States to consent to

Section 203 and the proviso in Subsection(a) of this Section.

Section 502

The following laws of the United States, presently inapplicable to Formosa, will not apply to Formosa except in the manner and to the extent made applicable to them by the Congress by law after termination of the Taiwan Relations Act:

(a) Except as otherwise provided in Section 506, the immigration and naturalization laws of the United

States; and

(b) Other laws of the United States or some provisions thereof, as designated or recommended by the

Commission on Federal Laws mentioned in Section 503.

Section 503

The President will appoint a Commission on Federal Laws to survey the laws of the United States and to make recommendations to the United States Congress as to which laws of the United States not applicable to Formosa should be made applicable and to what extent and in what manner, and which applicable laws should be made inapplicable and to what extent and in what manner.

The Commission will consist of seven persons (at least four of whom will be citizens of Formosa who are and have been for at least five years domiciled continuously in Formosa at the time of their appointments) who will be representative of the federal, local, private and public interests in the applicability of laws of the United States to Formosa.

The Commission will make its final report and recommendations to the Congress within one year after the termination of the Taiwan Relations Act, and before that time will make such interim reports and recommendations to the Congress as it considers appropriate to facilitate the transition of Formosa to its new political status.

In formulating its recommendations the Commission will take into consideration the potential effect of each law on local conditions within Formosa, the policies embodied in the law and the provisions and purposes of this Covenant.

The United States will bear the cost of the work of the Commission.

Section 504

The laws of Formosa under the regime of the Taiwan Relations Act and all other Executive and District orders of a local nature applicable to Formosa on the effective date of this Section and not inconsistent with this Covenant or with those provisions of the Constitution, treaties or laws of the United States applicable to Formosa will remain in force and effect until or unless altered by the Territorial Government of Formosa.

Section 505

(a) Notwithstanding the provisions of Subsection 503(a), upon the effective date of this Section Formosa

will be deemed to be a part of the United States under the Immigration and Nationality Act, as

amended for the following purposes only, and the said Act will apply to Formosa to the extent as

provided by the U.S. Congress.

(b) The citizens of Formosa who wish to take up residence outside of the territories shall be at liberty to

retire or leave. For this purpose a period of two years from the effective date shall be granted. At the

expiration of that period those of the inhabitants who shall not have left such territories shall at the

option of the United States, be deemed to be American citizens.

deportation at the option of the Government of the United States, by the recommendation of the

Territorial Government of Formosa, within two years after this Covenant takes effect. The spouse and

immediate relatives of the said persons may also be subject to deportation due to national security

upon the joint request of the Governor of the Commonwealth of Formosa, the Director of the FBI, and

the Secretary of Homeland Security.

(d) The citizens of Formosa or those people with permanent residence status who decide to stay may

choose to be a person on U.S. permanent residence status or a non-citizen national of the United

States whose permanent residence status is effective in the territories of the Commonwealth of

Formosa only.

(e) Unless qualified for an exemption, all qualified citizens of Formosa who decide to stay and intend to

acquire U.S. citizenship shall be required to: (1) to take a civics test; and (2)to take the Oath of

Allegiance.

Article VI

Revenue and Taxation

Section 601

(a) The income tax laws in force in the United States will come into force in Formosa as local territorial

income tax laws on the first day of January following the effective date of this Section.

(b) Any individual who is a citizen or a resident of the United States or of Formosa (including a national of

the United States who is not a citizen), will file only one income tax return with respect to his income,

in a manner similar to the provisions of Section 935 of Title 26, United States Code.

Section 602

The Government of Formosa may by local law impose such taxes, in addition to those imposed under Section 601, as it deems appropriate and provide for the rebate of any taxes received by it, except that the power of the Government of Formosa to rebate collections of the local territorial income tax received by it will be limited to taxes on income derived from sources within Formosa.

Section 603

(a) The Territory of Formosa will be included within the customs territory of the United States.

(b) All goods and merchandises, manufactured in the territories of Formosa and transported to any State

of the United States or any Territory within the customs territory of the United States, will be treated as

interstate commerce and trade.

Section 604

The Government of Formosa will have the authority to impose excise taxes upon goods manufactured, sold or used or services rendered within its territory or upon goods imported into its territory, provided that such excise taxes imposed on goods imported into its territory will be consistent with the international obligations of the United States.

Section 605

(a) Not later than the time this Covenant is approved, all the social security/ retirement pension funds of

Formosa will be transferred to the Treasury of the United States, to be held in trust as a separate fund

for a specific period of time to be known as the "Formosa Social Security/ Retirement Pension Fund". This fund will be administered by the United States for a specific of time, by setting up an office in

Formosa, in accordance with the social security and social welfare laws of Formosa in effect at the time

of such transfer, which may be modified by the Territorial Government of Formosa only in a manner

which does not create any additional differences between the social security/ retirement pension laws

of Formosa and those of the United States. The United States will supplement such fund if necessary

to assure that persons receive benefits therefrom comparable to those who would have received from

the previous funds under the laws applicable thereto on the day preceding the establishment of the

"Formosa Social Security/ Retirement Pension Fund", so long as the rate of contributions thereto also

remains comparable.

(b) Those laws of the United States which impose excise or which provide benefits from the United States

Security System will, on January 1 of the first calendar year after this Covenant takes effect or upon

such earlier date as may be agreed to by the Government of Formosa and the Government of the

United States, become applicable to Formosa.

(1) The "Formosa Social Security / Retirement Pension Fund" will be transferred into the appropriate

Federal Social Security Trust Funds;

(2) Prior contributions by or on behalf of persons domiciled in Formosa to the "Formosa Social Security

and Retirement Pension Funds" will be considered to have been made to the appropriate Federal

Social Security Trust Funds for the purpose of determining eligibility of those persons in Formosa for

benefits under those laws; and

(3) Persons domiciled in Formosa who are eligible for or entitled to social security benefits under the laws

of Formosa will not lose their entitlement and will be eligible for or entitled to benefits under the laws

described in Subsection (b).

Section 606

All bonds or other obligations issued by the Government of Formosa or by its authority will be exempt, as to principal and interest, from taxation by the United States, or by any State, territory or possession of the United States, or any political subdivision of any of them.

Article VII

United States Financial Assistance

Section 701

The Government of the United States will assist the Government of Formosa in its efforts to achieve Formosa's comprehensive integration into the United States. To this end, the United States will provide direct multi-year financial support and some necessary resources to the Government of Formosa. The initial period of such support and assistance will be eight years, beginning from the Fiscal Year of ____, to which subsequent periods of support and assistance may be agreed upon.

Section 702

The United States will make available to Formosa a full range of federal programs and services available to the territories of the United States.

Section 703

The United States will provide support, assistance, and services to Formosa in the following programs or projects, among others:

(a) Social security, social welfare, and retirement pension funds;

(b) Establishment or reshuffles of national guard and coast guard;

(d) Establishment of a new judicial/justice system, which is basically a common law system.

Article VIII

National Guard and Coast Guard

Section 801

A National Guard will be established in Formosa, the units of which will be under dual control of the Territorial Government of Formosa and the federal government. This territory-based military force will become part of the reserve components of the U.S. Army and the U.S. Air Force when activated for federal missions.

Section 802

With some exceptions, all members of the Armed Forces of Formosa will become members of the Formosan National Guard, most of whom will hold a civilian job full-time while serving part-time as a National Guard member; while some of whom will serve full-time for a specific period of time, augmented by a full-time American-trained cadre of Active Guard and Reserve personnel in both the Army National Guard and Air National Guard, plus Army Reserve Technicians in the Army National Guard and Air Reserve Technicians in the Air National Guard. Those who hold a civilian job full-time while serving part-time as a National Guard member will be granted a monthly retirement pension from the federal "Formosa Social Security and Retirement Pension Funds."

Section 803

Formosan Navy

[This Sunset Clause Not Available]

Section 804

Formosan Coast Guard

[This Sunset Clause Not Available]

Article IX

Property

Section 901

All right, title and interest of the Government of Formosa, that is, the Governing Authorities on Taiwan under the Taiwan Relations Act, in and to real and personal properties in the territories of Formosa on the date of the signing of this Covenant or thereafter acquired in any manner whatsoever will, no later than upon the termination of the Taiwan Relations Act, Six Assurances, and the three U.S.-China Communiques, be transferred to the Territorial Government of Formosa.

Section 902

All right, title and interest pertaining to the military bases of Formosa, except weapons, arms, and ammunition, will be transferred to the Government of the United States.

Section 903

Parks, Natural Reserves, and Historical Landmarks.

(a) With some of the national parks and natural reserves of Formosa to be reserved for the Territorial

Government of Formosa, the remaining ones will be transferred to the Government of the United

States.

(b) Some sites, buildings, structures, and landmarks deemed worthy of preservation for their historical

significance or educational value will be listed on the National Register of Historic Places and

administered by the National Park Service, Department of the Interior.

Section 904

Some areas of land, which are to be designated as Formosan Aboriginal Reservations, may be held and governed by both Territorially and Federally Recognized Formosan Aboriginal Tribes. Those reservations possess and exercise tribal autonomy within the Territory of Formosa, albeit of a limited degree. The tribal council of each reservation, having jurisdiction over the land in which it is located, is accountable to the Administration of the Territorial Aboriginal Affairs, and, in some cases, to the U.S. Bureau of Formosan Aboriginal Affairs within the Department of the Interior.

Section 905

The Government of the United States will purchase or lease for a term of 99 years some pieces of public land to build some federal office building complexes and some residential quarters across the territories of Formosa to accommodate federal officials and military personnel and their families. In case of lease, the Government of the United States will have the option of renewing the lease for all or part of such property for an additional term or terms if it so desires before the lease expires.

Section 906

The U.S. currency will officially circulate in the territories of Formosa and a flat exchange rate to the old Formosan currency will be settled on the day this Covenant is in force or the day both the Government of Formosa and the Government of the United States will agree upon.

Article X

Formosan Resident Representative and Consultation

Section 1001

The Constitution or laws of Formosa may provide for the appointment or election of a Resident Representative to the United States, whose term of office will be four years, unless otherwise determined by local law, and who will be entitled to receive official recognition as such Representative by all of the departments and agencies of the Government of the United States upon presentation through the Department of State of a certificate of selection from the Governor of Formosa. The Representative must be a citizen and resident of Formosa, at least twenty-five years of age, and, on or after the date this Covenant becomes effective, a citizen of the United States; while the first three Representatives may be a person of Formosan ancestry or mixed ancestry if he or she is at least 25 years old, has been a U.S. citizen for at least 7 years, and is a resident, at the time of appointment or election, of a state or a territory of the United States.

Section 1002

The Resident Representative may meet the Director for the Office of Intergovernmental Affairs on Formosa of the White House, Director of the Office of Insular Affairs of the Department of the Interior, the Congressional Caucus on Formosan Affairs, and the Senate Delegates from Formosa when the circumstances require.

Section 1003

The Government of the United States and the Territorial Government of Formosa will consult regularly on the matters affecting the relationship between them. At the request of either Government, and not less frequently than every four years, the President of the United States and the Governor of Formosa will designate special representatives to meet and to consider in good faith such issues affecting the relationship between Formosa and the United States as may be designated by either Government and to make a report and recommendations with respect thereto. Special representatives will be appointed in any event to consider and to make recommendations regarding future multi-year federal support or assistance to Formosa pursuant to Article VII, to meet at least one year prior to the expiration of every period of such federal support or assistance.

Section 1004

(a) Each U.S. embassy and consulate around the world will host or accommodate a Formosan delegate

for no less than twenty years to facilitate and promote tourism and other economic or cultural interests

of Formosa.

(b) The Government of the United States will give sympathetic consideration to the views of the Territorial

Government of Formosa on international matters directly affecting Formosa.

or other international organization, including U.N. subsidiary or affiliated bodies, concerned with

economic, educational, cultural, scientific, technical, or public health matters.

Article XI

Formosan U.S. Citizens in U.S. Presidential Elections and Primaries

Section 1101

Qualified U.S. citizens who move to and reside in the Territory of Formosa on or after the day this Covenant takes effect will be eligible in accordance with the law to cast a ballot in a presidential election.

Section 1102

Qualified U.S. citizen who was born and resides in the territories of Formosa, except those whose parents/ parent are/is federal agents/agent, officials/official, members/member of the U.S. armed forces, is not eligible to cast his/her vote in the U.S. presidential elections, but eligible for casting a vote in the primaries.

Article XII

Formosan Senate Delegates and House Delegates

Section 1201

(a) Two Senate Delegates from Formosa for a term of six years will be elected in the same manner as the

pertinent clauses of the U.S. Constitution concerning the U.S. Senators provide.

(b) The term of one of the first two Senate Delegates will be two years, while the other's term will be four

years. This will be decided by lot. They may be re-elected.

may be appointed by the Governor of Formosa.

Section 1202

Twenty-eight House Delegates from the Congressional Districts, the number of which may be readjusted when necessary, in Formosa for a term of two years will be elected in the same manner as the pertinent clauses of the U.S. Constitution concerning the U.S. House Representatives stipulate. If the first term is less than two years, all the House Delegates are still subject to re-election in the next general election.

Section 1203

All elections will be held on the federally set Election Day, the Tuesday next after the First Monday in the eleventh month of every Election Year.

Section 1204

All Senate and House Delegates from the Territory of Formosa will be empowered to introduce a bill or a resolution and take part in all meetings or activities on subcommittee and committee levels and the floor debates, but are not entitled to cast a vote in the plenary sessions of either Chamber.

Section 1205

The Senate and House Delegates from the Territory of Formosa, if necessary for a specific period of time, will be assisted by interpreters, translators, and special assistants financed by either Chamber or the Government of the United States.

Article XIII

Transitional Justice

Section 1301

A U.S.-Formosa Joint Commission on Transitional Justice shall be established by the U.S. Department of Justice and the Department of Justice of Formosa and operate pursuant to the law.

Section 1302

The Joint Commission shall restore to the Government of Formosa or to the original or proper owners or their lawful successors in restitution or adequate monetary compensation all stolen public or private properties or assets and all interests accrued therefrom within or without Formosa after the closing of the U.S.-Japan Pacific War by the military governments, the governing authorities, the ruling party, or the officials or any individuals in affiliation with any of the afore-mentioned institutions.

Section 1303

The Joint Commission shall conduct a comprehensive study, reach correct findings, and prepare a report on the March 1947 Genocide (formerly known as 28 February 1947 Massacre or Incident) in which it may propose a set of remedies to be fulfilled by the federal government and/or the Government of Formosa. The U.S. government may be held accountable for the negligence, omission, or dereliction of duty in overseeing the occupation and governance of the Nationalist Chinese Military Government, whose administrative power and jurisdiction over Formosa were delegated by the Supreme Commander of the Allied Powers after the closing of the U.S.-Japan Pacific War.

Section 1304

The Joint Commission shall conduct a comprehensive study, reach correct findings, and prepare a report on the gross human right abuses or violations committed by the occupying power or the governing authorities in which it may propose a set of remedies to be fulfilled by the federal government and/or the Government of Formosa. The U.S. government may be held accountable for the negligence, omission, or dereliction of duty in overseeing the occupation and governance of the occupying power or the governing authorities between its fleeing to Formosa and the establishment of the Commonwealth of Formosa, during which time Formosa was under the decades-long martial law regime and white terror rule and the sovereignty over Formosa is in custody of the United States.

Section 1305

If the rule of probable cause applies, any individuals and legal entities, including the last third-party owners or beneficiaries, shall be called to answer all allegations or accusations of holding or hiding the stolen property, no matter how innocent or remote they were/are.

Section 1306

All stolen or lost properties and the accrued interests therefrom in any forms mentioned in Section 1302 shall be tracked and identified with the help of the international banking or financial systems and the offshore tax havens.

Section 1307

The law or rule of prescription shall not be applied to all cases and claims pertaining to transitional justice.

Section 1308

The law or rule that no person shall be put twice in jeopardy shall apply to all cases arising from this Article.

Section 1309

This Article shall not be subject to judicial review either in the United States or in Formosa.

Article XIV

Definitions, Approval, and Effective Dates

Section 1401

Approval for the Covenant.

(a) This Covenant will be submitted to the people of Formosa through the Government of Formosa for

approval in a plebiscite to be called by the United States. Only persons who are domiciled exclusively

in Formosa and who meet such other qualifications, including timely registration, as are promulgated

by the United States as administering authority will be eligible to vote in the plebiscite. Approval must

be by a majority of at least 55% of the valid votes cast in the plebiscite. The result of the plebiscite will

be certified to the President of the United States and the Legislature of Formosa.

(b) This Covenant will be approved by the United States in accordance with its constitutional processes

and will thereupon become law.

Section 1402

The President of the United States will issue a proclamation announcing the termination of the Taiwan Relations Act and the Six Assurances in accordance with a resolution of U.S. Congress, and Three U.S.-China Communiques, and the establishment of the Territorial Commonwealth of Formosa in accordance with this Covenant. Any determination by the President will be final and will not be subject to review by any authority, judicial or otherwise, of Formosa or the United States.

Section 1403

Provisions Effective in Stages. The provisions of this Covenant will become effective as follows, unless otherwise specifically provided:

[Provisions Effective in Stages Not Available]

Section 1404

Definitions of Terms as Used in this Covenant

(a) "Territories of Formosa" means the territories under the jurisdiction of the Government of Formosa,

including the island of Formosa and its outlying islets, the Pescadores, the Pratas, Itu Aba, and other

islands and reefs as designated by the Government of the United States.

(b) "Territory or possession" with respect to the United States includes the District of Columbia, the

Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth

of the Northern Mariana Islands.

Covenant is signed, its agencies and instrumentalities, and its successors, including the Territorial

Government of Formosa or the Government of the Commonwealth of Formosa.

(d) "Domicile" means that place where a person maintains a residence with the intention of continuing

such residence for an unlimited or indefinite period, and to which such person has the intention of

returning whenever he is absent, even for an extended period.

A DRAFT CONSTITUTION

FOR A TERRITORIAL COMMONWEALTH OF FORMOSA

IN THE UNITED STATES OF AMERICA

Contents

Note

Preamble

ARTICLE I FUNDAMENTAL AND PERSONAL RIGHTS

Section 101 Laws Prohibited

Section 102 Freedom of Religion, Speech, Press and Assembly

Section 103 Search and Seizure

Section 104 Criminal Prosecutions

Section 105 Due Process

Section 106 Equal Protection

Section 107 Quartering Soldiers

Section 108 Trial by Jury

Section 109 Clean and Healthful Environment

Section 110 Privacy

Section 111 Victims of Crime

Section 112 Right to Abortion

ARTICLE II LEGISLATIVE BRANCH

Section 201 Legislative Power

Section 202 Composition of the Senate

Section 203 Composition of the House of Representatives

Section 204 Reapportionment and Redistricting

Section 205 Enactment of Legislation

Section 206 Action on Legislation by the Governor

Section 207 Impeachment

Section 208 Vacancy

Section 209 Compensation

Section 210 Other Government Employment

Section 211 Immunity

Section 212 Sessions

Section 213 Organization and Procedures

Section 214 Conduct of Members

Section 215 Delegates of Either House of the Legislature

Section 216 Legislative Staff Office

ARTICLE III EXECUTIVE BRANCH

Section 301 Executive Power

Section 302 Qualifications of the Governor

Section 303 Lieutenant Governor

Section 304 Joint Election of the Governor and Lieutenant Governor

Section 305 Compensation

Section 306 Other Government Employment

Section 307 Succession to the Governorship and Lieutenant Governorship

Section 308 Absence or Disability of the Governor

Section 309 Executive Functions

Section 310 Emergency Powers

Section 311 Attorney General and Solicitor General

Section 312 Public Auditor

Section 313 Department of Education

Section 314 Heads of Executive Departments

Section 315 Executive Branch Departments

Section 316 Executive Assistant for the Pratas and Itu Aba Affairs

Section 317 Executive Assistant for Kinmen and Matsu Affairs

Section 318 Impeachment

Section 319 Retirement System

Section 320 Boards and Commissions

Section 321 Special Assistant for Women's Affairs

Section 322 Special Assistant for Indigenous Affairs

Section 323 Special Assistant for Interstate Affairs

Section 324 Special Assistant for Federal Affairs

ARTICLE IV JUDICIAL BRANCH

Section 401 Judicial Power

Section 402 Continuity of Judicial Matters

Section 403 Commonwealth Supreme Court

Section 404 Commonwealth Appellate Courts

Section 405 Commonwealth District Courts

Section 406 Qualifications

Section 407 Appointment and Term of Office

Section 408 Compensation

Section 409 Impeachment

Section 410 Limitations on Activities of Justices and Judges

Section 411 Rule-making and Administration

Section 412 Succession

Section 413 Certified Legal Questions

ARTICLE V FORMOSAN RESIDENT REPRESENTATIVE TO THE UNITED STATES

Section 501 Resident Representative to the United States

Section 502 Term of Office

Section 503 Qualifications

Section 504 Annual Report

Section 505 Compensation

Section 506 Vacancy

ARTICLE VI LOCAL GOVERNMENT

Section 601 Local Government

Section 602 Election of Mayor

Section 603 Responsibilities and Duties of the Mayor

Section 604 Compensation

Section 605 Governor's Council

Section 606 Metropolitan, Municipal, and County Councils

Section 607 Powers, Meetings and Compensations

ARTICLE VII ELIGIBILITY TO VOTE

Section 701 Qualifications of Voters

Section 702 Prohibition of Literacy Requirement

Section 703 Domicile and Residence

ARTICLE VIII ELECTIONS

Section 801 Regular General Election

Section 802 Other Elections

Section 803 Election Procedure

Section 804 Taking Office after Elections

Section 805 Registration from Public Office

ARTICLE IX INITIATIVE, REFERENDUM AND RECALL

Section 901 Initiative

Section 902 Referendum

Section 903 Recall

ARTICLE X TAXATION AND PUBLIC FINANCE

ARTICLE XI PUBLIC LANDS

ARTICLE XII RESTRICTIONS ON ALIENATION OF SOME CATEGORIES OF LAND

ARTICLE XIII EMINENT DOMAIN

Section 1301 Eminent Domain Power

Section 1302 Limitations

ARTICLE XIV NATURAL RESOURCES AND ENERGY

Section 1401 Marine Resources

Section 1402 Outlying Islands, Islets or Atolls

Section 1403 Places and Things of Cultural and Historical Significance

Section 1404 Water Resources

Section 1405 Clean Energy

Section 1406 Environmental Protection

ARTICLE XV EDUCATION

Section 1501 Elementary and Secondary Education

Section 1502 Higher Education

Section 1503 Board and Regents, Autonomy and Administration

Section 1504 Annual Budget

Section 1505 Adult Education

ARTICLE XVI OATH OF OFFICE

Section 1601 Oath of Office

ARTICLE XVII CONSTITUTIONAL AMENDMENT

Section 1701 Legislative Initiative

ARTICLE XVIII CODE OF ETHICS

Section 1801 Code of Ethics

ARTICLE XIX CIVIL SERVICE COMMISSION

Section 1901 Civil Service

ARTICLE XX OFFICIAL SEAL, FLAG AND LANGUAGES

Section 2001 Official Seal

Section 2002 Official Flag

Section 2003 Official Language

A DRAFT CONSTITUTION

FOR A TERRITORIAL COMMONWEALTH OF FORMOSA

IN THE UNITED STATES OF AMERICA

ARTICLE II

LEGISLATIVE BRANCH

Section 201. Legislative Power

The legislative power of the Commonwealth shall extend to all rightful subjects of legislation and shall be vested in a Formosan Territorial Commonwealth Legislature composed of a Territorial Senate (Senate, Upper House) and a House of Representatives (House, Lower House, Territorial Assembly).

Section 202. Composition of the Senate

(a) The Senate shall consist of 44 Senators from 44 senatorial districts or from 6 metropolises, 11 counties,

and 3 municipalities, plus 12 Delegates as provided by law.

(b) The Senators and Delegates shall serve a term of six years except that the terms of the First Senate

shall be determined by drawing of lots with one-third of members serving a term of two years, one-

third serving a term of four years, and the remaining one-third serving a term of six years.

for at least 9 years except pursuant to the law, and a resident and domiciliary of the Commonwealth

for at least seven years immediately preceding the date on which the Senator takes office except

pursuant to the law. A longer residency and domicile requirement may be provided by law.

(d) A candidate for the Senate shall be registered voter in the senatorial district where he or she is a

candidate.

Section 203. Composition of the House of Representatives

(a) The House of Representatives shall consist of ninety Representatives from ninety assembly districts

plus three House Delegates as provided by law.

(b) The legislature may change the number and boundaries of these districts when circumstances dictate.

a U.S. citizen for at least 9 years except pursuant to the law, and a resident and domiciliary of the

Commonwealth for at least seven years immediately preceding the date on which the Representative

takes office except pursuant to the law. A longer residency and domicile requirement may be provided

by law.

(d) A candidate for the House of Representatives shall be a registered voter of the election precinct

where he or she is a candidate.

Section 204. Reapportionment and Redistricting

(a) At least every ten years and within one hundred twenty days following publication of the results of

a decennial census, the legislature shall reapportion the seats in the House of Representatives or

revise the districts for electing Representatives as required by changes in Commonwealth population

or by law. A reapportionment or redistricting plan shall provide for contiguous and compact districts

and for representation by each member of the House of Representatives of approximately the same

number of residents to the extent permitted by the separate assembly districts and the distribution of

population in the Commonwealth.

(b) If the legislature fails to act pursuant to Section 204(a), the Governor shall promulgate a

reapportionment or redistricting plan within one hundred twenty days after the expiration of the time

for the legislature to act. The Governor's plan shall be published in the same manner as an act of the

legislature and upon publication shall have the force of law.

Section 205. Enactment of Legislation

(a) Appropriation and revenue bills may be introduced only in the House of Representatives. Other bills

may be introduced in either house of the legislature.

(b) A bill shall be confined to one subject except bills for appropriations or bills for the codification,

revision or rearrangement of existing laws. Appropriation bills shall be limited to the subject of

appropriations. Legislative compliance with this subSection is a constitutional responsibility not

subject to judicial review.

at least a majority of the votes cast in each house of legislature.

Section 206. Action on Legislation by the Governor

(a) Every bill enacted shall be signed by the presiding officer of the house in which the bill originated

and transmitted to the Governor. If the Governor signs the bill, it shall become law. If the Governor

vetoes the bill, it shall be returned to the presiding officer of each house of the legislature with a

statement of the reasons for the veto. The Governor may veto an item, Section, or part in an

appropriation bill and sign the remainder of the bill; provided that the Governor may not veto an item,

Section, or part governing the manner in which an appropriation may be expended if any

appropriation affected by the item, Section, or part is approved.

(b) The Governor shall have twenty days in which to consider appropriation bills and forty days in which

to consider other bills. If the Governor fails either to sign or veto a bill within the applicable period,

it shall become law.

legislature. The legislature shall have sixty days from the receipt of the Governor's veto message

in the house of origin of the vetoed bill, item, Section or part of a bill to reconsider the vetoed

legislation. If two-thirds of the members in each house vote upon reconsideration to pass the bill,

item, Section or part, it shall become law.

(d) Any appropriation bill, or any bill affecting spending authority, government financial management,

or organization of the government, enacted in the period between a regular general election and

the third day of January of the following year shall be void unless enacted by the affirmative vote of

three-fourths of the members of each house of the legislature.

Section 207. Impeachment

The legislature may impeach those executive and judicial officers of the Commonwealth subject to impeachment under this Constitution. The House of Representatives may initiate impeachment proceedings by the affirmative vote of two-thirds of its members and the Senate, presided by the Chief Justice of the Supreme Court, may convict after hearing by the affirmative vote of two-thirds of its members.

Section 208. Vacancy

A Vacancy in the legislature shall be filled by special election if one-half or more of the term remains. If less than one-half of the term remains, the Governor shall fill the vacancy by appointing the unsuccessful candidate for the office in the last election who received the largest number of votes and is willing to serve or, if no candidate is available, a person the Governor sees fit and qualified for the office from the district represented.

Section 209. Compensation

The members of the legislature shall receive a monthly salary, reasonable allowances for expenses, and some fringe benefits for themselves and their assistants as provided by law. The salary of members may be changed no more than once every four years and only upon the recommendation of an advisory commission established by law to make recommendations concerning the compensation of Commonwealth executive, legislative and judicial officers. No change in the salary may be made that exceeds the percentage change in an accepted composite price index for the period since the last change. An increase in salary may not apply to the legislature that enacted it.

Section 210. Other Government Employment

A member of the legislature may not serve in any other Commonwealth government position including other elective office or an independent board, agency, authority or commission established by this Constitution or by Commonwealth law. A person, having been a member of the legislature, may not serve in any elective or appointive Commonwealth Government position created by statute during the term for which he or she was elected, for a period of one year following the expiration of the term during which the position was created.

Section 211. Immunity

A member of the legislature may not be questioned in any other place for any written or oral statement in the legislature and a member of the legislature may not be subject to arrest while going to or coming from a meeting of the legislature except for commission of treason, a felony or breach of the peace.

Section 212. Sessions

The legislature shall meet for organizational purposes on the third day of January in the year following the regular general election at which members of the legislature are elected and shall be a continuous body for the two years between these organizational meetings. Each house shall meet in regular sessions for the same days as U.S. Congress each year, and may be convened at other times upon request by its presiding officer or the Governor when circumstances dictate. When meeting pursuant to a call by the Governor, the legislature shall consider only those subjects described in the call.

Section 213. Organization and Procedures

(a) Each house of the legislature shall be the final judge of the election and qualifications of its members

and the legislature may vest in an appropriate appellate court the jurisdiction to determine contested

elections of members. Each house may compel the attendance of absent members, discipline its

members and, by the affirmative vote of three-fourths of its members, expel a member for commission

of treason, a felony, breach of peace, or violation of the rules of that house.

(b) The House of Representatives shall choose its presiding officer from among its members and the

Lieutenant Governor shall be the presiding officer of the Senate. Each house of the legislature shall

establish the committees necessary for the conduct of its business, and promulgate rules of

procedure. Each house may compel the attendance and testimony of witnesses and the production

of books and papers before the house or its committees. The legislature shall keep a journal of its

proceedings that shall be published from day to day.

house of the legislature or a legislative committee may meet in executive or confidential session if

authorized by the affirmative vote of two-thirds of the members of the house. Final action on any

legislative matter may not be taken in executive session.

Section 214. Conduct of Members

A member of the legislature who has a financial or personal interest in a bill before the legislature shall disclose that interest and may not debate on or vote on the bill.

Section 215. Delegates of Either House of the Legislature

(a) There are three readings of a bill as it passes through the stages of becoming, or failing to become,

law. The Delegates of either house of the legislature shall have the right to join the debates at three

readings without casting votes in the third reading.

(b) The Delegates of either house of the legislature shall have the power to introduce and pass any

non-binding resolution they see fit.

subject to a preliminary reading, which shall be conducted a small group of members of a pertinent

subcommittee that shall vote on whether to send it to a subcommittee to be prepared for first reading

or to remove it from the agenda.

Section 216. Legislative Staff Office

(a) The office shall be headed by a director to be appointed by the joint leadership of the legislature

consisting of the presiding officers, vice presiding officers, floor leaders, and the chairmen of the

standing committees.

(b) The director shall employ all necessary staff, other than personal staff of the members of the

legislature, pursuant to budgetary allocations. The staff members shall include legal counsel and

other administrative staff.

responsibilities during sessions and committee meetings. It shall maintain all records, files, library and

other documents of the legislature, including the records of legislative hearings.

(d) The director may be removed by a majority of the members of each house of the legislature with or

without cause.

(e) The office shall be free from any political harassment or pressure.

ARTICLE III

EXECUTIVE BRANCH

Section 301. Executive Power

The executive power of the Commonwealth shall be vested in a Governor who shall be responsible for the faithful execution of the laws.

Section 302. Qualifications of the Governor

The Governor shall be qualified to vote in the Commonwealth, at least thirty-five years of age, and a resident and domiciliary of the Commonwealth for at least 14 years immediately preceding the date on which the Governor takes office. A different period of residence and domicile for the first three Governors may be provided by law. No person convicted of a felony or a crime of moral turpitude in the Commonwealth, in any area under the jurisdiction of the United States, or anywhere else may be eligible for this office unless a full pardon has been granted.

Section 303. Lieutenant Governor

The Lieutenant Governor shall have the same qualifications as required for the office of Governor and shall perform those duties specified in this article and those assigned by the Governor or provided by law. Whenever the office of Lieutenant Governor is vacant, the Governor shall appoint a successor with the advice and consent of the Senate.

Section 304. Joint Election of the Governor and Lieutenant Governor

The Governor and Lieutenant Governor shall be elected at large within the Commonwealth for a term of office of four years. The Governor and Lieutenant Governor shall be elected jointly with each voter casting a single vote applicable to both offices. No person may be elected Governor more than twice.

Section 305. Compensation

The Governor and Lieutenant Governor shall receive a monthly salary, reasonable allowances for expenses, and some fringe benefits as provided by law. Upon the recommendation of the advisory commission on compensation provided for by Article II, Section 209, the legislature may change the salary of the Governor or Lieutenant Governor. Neither salary may be changed during a term of office.

Section 306. Other Government Employment

The Governor or Lieutenant Governor may not serve in another Commonwealth position or receive compensation for performance of official duties or from any governmental body except as provided by Section 305.

Section 307. Succession to the Governorship and Lieutenant Governorship

In case of the removal, death, or resignation of the Governor, the Lieutenant Governor shall become governor and the president of the Senate shall become lieutenant governor. If the offices of governor and lieutenant governor are both vacant, the president of the Senate shall become acting governor and the speaker of the House shall become acting lieutenant governor. An acting governor or lieutenant governor who assumes office when more than one year remains in the term may serve only until a Governor or Lieutenant Governor is chosen in a special election provided by law.

Section 308. Absence or Disability of the Governor

(a) When the Governor is physically absent from the Commonwealth, the Lieutenant Governor shall be

acting governor. If the Lieutenant Governor is also absent or is otherwise unavailable, the presiding

officer of the Senate shall be acting governor.

(b) When the Governor is unable to discharge the duties of the office by reason of physical or mental

disability, the Lieutenant Governor shall be acting governor. If the lieutenant Governor is unavailable,

the presiding officer of the Senate shall be acting governor. If the person next in succession to the

governor has reason to believe that the Governor is unable to discharge the duties of the office, that

person shall file a petition to declare a vacancy with the Supreme Court of the Commonwealth. The

Court has original and exclusive jurisdiction to determine all questions regarding the disability of the

Governor and the existence of a vacancy in the office of governor.

Section 309. Executive Functions

(a) The Governor shall submit to the legislature a proposed annual balanced budget for the following

fiscal year. The proposed balanced budget shall describe anticipated revenues of the Commonwealth

and recommend expenditures of Commonwealth funds. The anticipated revenues may not be

increased by the legislature without the consent of the Governor. In preparing the proposed balanced

budget, the Governor shall consider submissions made by the mayors of metropolises, municipalities,

and counties as to the budgetary needs of those administrative districts and by the executive assistant

appointed under Sections 316 and 317 of this article. The Governor's submission to the legislature

with respect to the budget shall state the Governor's disposition of the budgetary requests contained

in these submissions and may include recommended legislation with respect to taxation. If a balanced

budget is approved by the legislature, the Governor may not reallocate appropriated funds except as

provided by law. If a balanced budget is not approved before the first day of the fiscal year,

appropriations for government operations and obligations shall be at the level for the previous fiscal

year.

(b) The Governor shall deliver his or her State of the Commonwealth annually in January or other

appropriate time provided by law, to the legislature regarding the affairs of the Commonwealth and

new measures that are necessary or desirable. The report shall include a comprehensive annual

financial report prepared in accordance with generally accepted governmental accounting principles.

for offenses under Commonwealth laws rather than federal laws after consultation with a board of

parole established by law. This power shall not apply to impeachment.

Section 310. Emergency Powers

The Governor may declare a state of emergency in the case of invasion, civil unrest, natural disaster, or other calamity as provided by law, and may order the Territorial National Guard and mobilize available resources to respond to that emergency.

Section 311. Attorney General and Solicitor General

(a) The Governor shall appoint an Attorney General and a Solicitor General with the advice and consent

of the Senate. The Attorney General or Solicitor General shall be a resident and a domiciliary of the

Commonwealth for at least three years or for a shorter time as provided by law immediately preceding

the date on which the Attorney General or Solicitor General is confirmed. The Attorney General shall

be responsible for providing legal advice to the Governor and executive departments, representing

the Commonwealth in all legal matters, and prosecuting violations of Commonwealth law. When the

Attorney General resigns or is unable to discharge the duties of the office by reason of physical or

mental disability, the Lieutenant Governor shall be Acting Attorney General.

(b) The Solicitor General shall be responsible for a comprehensive study on the legal system of the

Commonwealth during the transitional period.

Association, the District Attorneys and the Attorneys for the Appellate Regions.

Section 312. Public Auditor

The Governor shall appoint a Public Auditor with the advice and consent of each house of the legislature. The Public Auditor shall audit the receipt, possession and disbursement of public funds by the executive, legislative and judicial branches of the government, an instrumentality of the Commonwealth or an agency of local government and shall perform other duties provided by law. The Public Auditor shall report to the legislature and the Governor at least once every year and this report shall be made public promptly. The Public Auditor may be removed only for cause and by the affirmative vote of two-thirds of the members of each house of the legislature. In the event that there is a vacancy in the office of public auditor, the Governor shall appoint a temporary public auditor to serve until the vacancy is filled.

Section 313. Department of Education

The Governor shall appoint a Secretary of Education to formulate, execute, and supervise all educational affairs and matters, school students and adults, of the Commonwealth during the transitional period to facilitate the comprehensive integration of the Territory into the American mainstream culture and societies.

Section 314. Heads of Executive Departments

Each principal department shall be under the supervision of the Governor and, unless otherwise provided by law, shall be headed by a head executive and one or two deputies. The Governor shall appoint the heads and deputies of executive departments with the advice and consent of the Senate. The Governor may remove the heads or deputies of executive departments. The Governor may at any time require information in writing or otherwise from the head of any administrative departments, office, commission, administration or agency of the Commonwealth.

Section 315. Executive Branch Departments

Executive branch offices, agencies and instrumentalities of the Commonwealth government and their respective functions and duties shall be allocated by law among and within not more than twenty principal departments so as to group them so far as practicable according to major purposes. Regulatory, quasi-judicial and temporary agencies need not to be a part of a principal department. The functions and duties of the principal departments and of other agencies of the Commonwealth shall be provided by law. The legislature may reallocate offices, agencies and instrumentalities among the principal departments and may change their functions and duties. The Governor may make changes in the allocation of offices, agencies and instrumentalities and in their functions and duties that are necessary for efficient administration. If these changes affect existing law, they shall be set forth in executive orders which shall be submitted to the legislature and shall become effective sixty days after submission, unless specifically modified or disapproved by a majority of the members of each house of the legislature.

Section 316. Executive Assistant for the Pratas and Itu Aba Affairs

The Governor shall appoint an Executive Assistant for the Pratas and Itu Aba Affairs who shall be in charge of the duties in accordance with the law.

Section 317. Executive Assistant for Kinmen and Matsu Affairs

(a) The Governor shall appoint an Executive Assistant for Kinmen and Matsu Affairs, who is acceptable to the

Kinmen and Matsu communities, to perform the duties in accordance with the law prior to the final

settlement of the status of these two groups of islands and islets.

(b) The Executive Assistant shall be authorized to hire staff and shall promulgate rules and regulations in

carrying out the responsibilities and duties of the office.

the provisions of this Section.

Section 318. Impeachment

The Governor and Lieutenant Governor are subject to impeachment as provided in Article II, Section 207, of this Constitution for treason, commission of a felony, corruption or neglect of duty.

Section 319. Retirement System

(a) Membership in an employee retirement system of the Commonwealth shall constitute a contractual

relationship. Accrued benefits of this system shall be neither diminished nor impaired.

(b) An employee who has acquired not less than twenty years of creditable service under the Commonwealth

retirement system shall be credited an additional five years and shall be eligible to retire. An employee who

elects to retire under this provision may not be reemployed by the Commonwealth Government or any of

its instrumentalities or agencies, for more than sixty days in any fiscal year without losing his or her

retirement benefits for the remainder of that fiscal year, except that the legislature may by law exempt

reemployment of retirees as classroom teachers, doctors, nurses, and other medical professionals from this

limitation, for reemployment not exceeding two years. No retiree may have their retirement benefits

recomputed based on any reemployment during which retirement benefits are drawn, but every such

reemployed retiree shall nevertheless be required to contribute to the retirement fund during the period of

reemployment, at the same rate as other government employees. The legislature may prohibit

recomputation of retirement benefits based on reemployment after retirement in any event or under any

circumstances.

Section 320. Boards and Commissions

In every case where the Governor appoints a board or commission to perform a regulatory or administrative function or direct the activities of an agency, authority, or public or quasi-public corporation in the performance of a regulatory or administrative function, the members of such a board or commission shall be independent and may be removed only on grounds of gross neglect or dereliction of duty, breach of fiduciary duty, conviction of a felony, or mental or physical incapacity. Upon the expiration of the term of a member of a board or commission, such person shall cease to be a member unless reappointed in the manner prescribed by law. The Governor shall make appointments within ninety days to fill any vacant seats on a board or commission. This Section does not apply to boards and commissions that serve a purely advisory function or, except to the extend specifically required by federal law, to boards and commissions created in order to comply with federal law.

Section 321. Special Assistant for Women's Affairs

The Governor shall appoint a Special Assistant for Women's Affairs, who is qualified by virtue of education and experience and who may be removed only for cause,

(a) To formulate and implement a policy of affirmative action in the government and private sector to assist

women achieve social, political and economic parity;

(b) To assist agencies of government and private organizations to plan and implement programs and services

for women;

(d) To organize community education strategies regarding the roles of women; and

(e) To recommend to the Governor and the legislature for consideration legislation of benefit to women.

Section 322. Special Assistant for Indigenous Affairs

(a) The Governor shall appoint a Special Assistant for Indigenous Affairs to head the Administration of

the Territorial Aboriginal Affairs, with the advice and consent of the Senate. The term of office shall be

four years. Nothing in this section shall preclude renewal of such appointment by the Governor.

The Special Assistant may be removed as provided in Article II, Section 207, of this Constitution for

incompetence, neglect of duty, commission of a felony, treason, or corruption.

(b) Responsibilities of Special Assistant. The duties and responsibilities of the Special Assistant for

Indigenous Affairs shall include, but not limited to:

(1) Coordinating the development, distribution, adoption and translation of a comprehensive history

of the Formosan aboriginal tribes, including those of Territorially-recognized Pepoan Austronesians

or Malay-Polynesian stocks;

(2) Ensuring local participation in executive managerial decision-making in the government and private

sector;

(3) Assisting and promoting local entrepreneurial development;

(4) Establishing a community foundation for the advancement of the indigenous people, those residing

in the remote mountain regions in particular;

(5) Coordinating an annual united cultural festival in a convenient location in a selected Formosan

Aboriginal Reservation;

(6) Developing and implementing a long-range plan to assist and promote the entry of the indigenous

people into professional and technical institutions of higher education, that is, a special community

college; and

(7) Serving as an advocate of positions taken by indigenous people on issues brought before them.

the duties and responsibilities of the office.

(d) The Governor shall include in the budget of the executive branch the funding necessary to fully

implement the provisions of this section.

Section 323. Special Assistant for Interstate Affairs

The Governor shall appoint a Special Assistant for Interstate Affairs whose qualifications and responsibilities shall be provided by law.

Section 324. Special Assistant for Federal Affairs

The Governor shall appoint a Special Assistant and two Special Deputy Assistants for Federal Affairs whose qualifications and responsibilities shall be provided by law. The Special Assistant shall be the Formosan Resident Representative to the United States as provided in Article V of this Constitution.

ARTICLE IV

JUDICIAL BRANCH

Section 401. Judicial Power

The judicial power of the Commonwealth shall be vested in a judiciary of Formosa which shall be include one Supreme Court, and such Appellate Courts and District Courts as the legislature may from time to time ordain and establish.

Section 402. Continuity of Judicial Matters

(a) All laws, regulations, and rules affecting the judiciary made by the previous regimes shall continue

to exist and operate where applicable until repealed or amended.

(b) All existing cases pending in the court shall be suspended until appropriate courts operate.

Some cases pending in the court shall be dismissed by the Chief Justice of the Supreme Court,

as recommended by the Attorney General pursuant to the law. The first Governor may exercise his

or her power after inauguration to grant reprieves, commutations and pardons in accordance with

Article III, Section 309(c) and pursuant to the law.

necessary in-the-job training and assistance of English translators and interpreters.

Section 403. Commonwealth Supreme Court

The Supreme Court shall hear appeals from final judgments and orders of the Commonwealth Appellate Courts. The Supreme Court shall have all inherent powers, including the power to issue all writs necessary to the complete exercise of its duties and jurisdiction under this Constitution and the laws of the Commonwealth. The Supreme Court shall consist of a Chief Justice and eight Associate Justices. The legislature may increase the number of justices when necessary.

Section 404. Commonwealth Appellate Courts

The Appellate Court shall hear appeals from final judgments and orders of the Commonwealth District Courts in its appellate region and have original jurisdiction over some classes or categories of cases pursuant to the law. The Appellate Courts shall have all inherent powers, including the power to issue all writs necessary to the complete exercise of its duties and jurisdiction under this Constitution and the laws of the Commonwealth. An Appellate Court shall consist of a Chief Judge and six Associate Judges. The legislature may increase the number of justices when necessary.

Section 405. Commonwealth District Courts

The District Courts shall have original jurisdiction in all cases, civil and criminal, in equity and at law, except the cases exclusively under federal jurisdiction or the cases over which the Appellate Court has original jurisdiction. The District Courts shall have all inherent powers, including the power to issue all writs necessary to the complete exercise of its duties and jurisdiction under this Constitution and the laws of the Commonwealth. Each District Court shall consist of a Chief Judge and such Associate Judges as the law may provide from time to time.

Section 406. Qualifications

A Justice or Judge shall be at least thirty-five years of age, have resided in the Commonwealth for at least five years before appointment, have been a member of the Commonwealth Bar or a District or an Appellate Region Attorney for at least five years, and never have been convicted of a felony or other crime or misdemeanor involving moral turpitude. A member of the Commonwealth Bar or a District or an Appellate Region Attorney must have passed the bar examination run and managed by the Commonwealth Bar Association except as provided by the law in accordance with interstate accords.

Section 407. Appointment and Term of Office

A Justice or a Judge shall be, at the recommendation of the Commonwealth Bar Association, appointed by the Governor and confirmed by the Senate. The Justices and Judges shall hold their offices during good behavior.

Section 408. Compensation

The compensation of a Justice or a Judge shall be provided by law. The salary and fringe benefits of a Justice or Judge shall not be decreased during his term.

Section 409. Impeachment

A Justice or Judge is subject to impeachment as provided in Article II, Section 207, of this Constitution for treason, corruption, neglect of duty, or conviction of a felony, or any crime or misdemeanor involving moral turpitude.

Section 410. Limitations on Activities of Justices and Judges

A full-time Justice and Judge may not hold another compensated government position or engage in the practice of law. A Justice or Judge may not make a direct or indirect financial contribution to a political organization or candidate, hold an executive office in a political organization, or participate in a political campaign. A Justice or Judge may not become a candidate for elective public office without resigning judicial office at least thirty days before declaring his or her candidacy but no less than one hundred eighty days before the election.

Section 411. Rule-making and Administration

(a) The Chief Justice may propose rules governing civil and criminal procedure, judicial ethics, admission

to and governance of the Commonwealth Bar, and other matters of judicial administration.

A proposed rule shall be submitted to the legislature and shall become effective sixty days after

submission unless disapproved by a majority of the members of either house of the legislature.

(b) The Chief Justice shall submit an annual budget for the judiciary to the legislature.

of the Judiciary.

(d) The Chief Justice may designate, as the need arises, a former justice or judge of the Commonwealth

or of any United States jurisdiction to serve as a pro tem justice or judge of the Commonwealth courts

during the transitional period after the establishment of this Commonwealth.

Section 412. Succession

When a vacancy occurs in the office of Chief Justice, the Associate Justice most senior in commission shall become acting chief justice. When a vacancy occurs in the office of Chief Judge, the Associate Judge most senior in commission shall become acting chief judge. Such person shall continue in an acting capacity until the Governor appoints and the Senate confirms a Chief Justice or Chief Judge.

Section 413. Certified Legal Questions

Whenever a dispute arises between or among Commonwealth officials who are elected by the people or appointed by the Governor regarding the exercise of their powers or responsibilities under this Constitution or any statute, the parties to the dispute may certify to the Supreme Court the legal question raised, setting forth the stipulated facts upon which the dispute arises. The Supreme Court may deny the request to rule on the certified legal question. If the request is accepted, then the ruling of the Supreme Court shall be binding upon the parties before the court.

ARTICLE V

FORMOSAN RESIDENT REPRESENTATIVE TO THE UNITED STATES

Section 501. Resident Representative to the United States

A Resident Representative from Formosa shall be appointed by the Governor to represent the Commonwealth in the United States and performed such duties as described in the accord between the Commonwealth and the United States and as provided by law. The Governor shall provide a certification of selection promptly to the U.S. State Department and to the Resident Representative.

Section 502. Term of Office

The term of office of the Resident Representative shall be four years. A Resident Representative shall not hold that office for more than two terms,

Section 503. Qualifications

The Resident Representative shall be qualified to vote in the Commonwealth, a citizen and resident of Formosa, at least twenty-five years of age, and, on or after the U.S,-Formosa Covenant becomes effective, a citizen of the United States; while the first three Representatives may be a person of Formosan ancestry or mixed ancestry if he or she is at least twenty-five years old, has been a U.S. citizen for at least seven years, and is a resident, at the time of appointment, of a state or a territory of the United States.

Section 504. Annual Report

The Resident Representative shall submit a written report in January of each year, except that an outgoing Resident Representative shall submit a final written report by the end of the year he or she leaves office, to the Governor and legislature on the Resident Representative's official activities during the predecing year and matters requiring the attention of the government or people of the Commonwealth.

Section 505. Compensation

The Resident Representative shall receive a monthly salary, reasonable allowance for expenses and some fringe benefits provided by law. The salary shall not be changed during a term of office. The staff of the office of the Resident Representative shall be exempted from the civil service.

Section 506. Vacancy

In the event of a vacancy in the office of Resident Representative to the United States, the Governor shall appoint a successor with the advice and consent of the legislature to fill the vacancy until his or her predecessor's term expires.

ARTICLE VI

LOCAL GOVERNMENT

Section 601. Local Government

(a) Agencies of local government shall be established as provided by this article.

(b) The territory of the Commonwealth shall be divided into such administrative regions as Metroplises,

Counties, Municipalities, Aboriginal Reservations, and Special Administrative Regions. The legislature

of the Commonwealth may readjust the administrative regions and boundaries by law when it sees fit

and necessary.

and Cities. A Municipality may be divided into several Districts. An Aboriginal Reservation or a Special

Administrative Region may be divided into several Villages, Communes, Communities, or Wards.

Section 602. Election of Mayor

The qualified voters from the various Metropolis, Municipality, or County shall elect a Mayor for each Metropolis, Municipality or County.

(a) A Mayor shall be qualified to vote in the administrative region served by him or her, at least twenty-five

years of age, a resident and domiciliary of the administrative region served by him or her for at least

three years immediately preceding the date on which the Mayor takes office, and must reside in the

administrative region served by him or her after each election, and shall meet other qualifications

provided by law. No person convicted of a felony in the Commonwealth or in an area under the

jurisdiction of the United States may be eligible for this office unless a full pardon has been granted.

(b) The Mayor shall be elected at a regular general election for a term of office of four years and shall not

hold that office for more than two terms. A vacancy in the Office of Mayor shall be filled by special

election if one-half or more of the term remains and otherwise as provided by law.

Section 603. Responsibilities and Duties of the Mayor

(a) A Mayor shall serve on the Governor's Council as established by Section 605 of this article.

(b) A Mayor shall administer government programs, public services, and appropriations provided by law,

for the administrative region served by the Mayor, and shall report every year to the Governor, relating

to these programs and services or appropriations.

and local matters, and may submit findings or recommendations to the Governor and the legislature.

A Mayor may require information in writing relating to local matters as may be necessary to his or her

investigation under this subsection.

(d) The Mayor of each administrative region, in consultation with the Metropolitan, Municipal, or County

Council, shall submit items for inclusion in the proposed budgets for both government operations

and capital improvement projects. The Governor's budget submission to the legislature shall state

his or her disposition of the budgetary requests contained in the submissions received from the Mayor.

(e) A Mayor shall coordinate any extension of federal programs extended to the administrative region

served by the Mayor.

(f) A Mayor shall act as the principal local official for coordinating activities with disaster control for the

mobilization of resources and meeting emergency conditions in the island or islands served by the

Mayor.

(g) The Mayor shall appoint, in consultation with the head of the respective executive branch department,

all resident department heads.

(h) A Mayor shall perform other responsibilities provided by law.

Section 604. Compensation

A Mayor shall receive a monthly salary, plus an allowance for reasonable expenses and fringe benefits as provided by law.

Section 605. Governor's Council

The Mayors elected under Section 602, the Executive Assistants appointed under Article III, Sections 316 and 317, the Special Assistant appointed under Article III, Section 322, and the Chairman of the Association of the Metropolitan, Municipal, and County Councils shall be members of a Governor's Council that shall advise the Governor on government operations and local matters. The Governor shall preside over the Council which shall meet regularly or at least two times each year to consider matters concerning the relationship between the Commonwealth and its separate administrative region.

Section 606. Metropolitan, Municipal, and County Councils

(a) There shall be a Metropolitan, Municipal, or County Council for respective administrative region and

an SAR Council for the Special Administrative Region of Kinmen and Matsu, to be composed of some

elected Councilmen/ Councilwomen as provided by law. Candidates for the Council shall be at least

twenty-five years of age, a resident of the the respective administrative region or SAR for at least three

years, a U.S. citizen with a police clearance certificate or a substitute certificate and with no affiliation

with any organized crime, domestic and abroad, past and present.

Matters pertaining to the establishment of the Council for each Aboriginal Reservations shall be

provided by the law.

(b) A Councilman/ Councilwoman shall serve for a term of two years. In the case of a vacancy in a

Municipal Council, the Mayor of the concerned administrative region shall appoint the unsuccessful

candidate for the office in the last election in the concerned election district or a qualified person

from the concerned election district with the advice and consent of the Municipal Council.

Section 607. Powers, Meetings and Compensations

(a) The Metropolitan, Municipal, or County Council shall meet in regular session like the Commonwealth

legislature. The Mayor, or a majority of the members of the Council, may call special sessions of the

Council as needed. The powers of the Council shall extend to all local matters of a predominately

local nature not pre-empted by the Commonwealth legislature, and shall include the following:

(1) Assist the Mayor in the formulation of the annual budget delineating local needs;

(2) At the request of an Executive Branch department head, in consultation with the Mayor, the Council

shall have the authority to approve reprogramming of funds in the approved budget;

(3) To confirm all resident department heads which are stationed in their administrative region;

(4) When a Mayor is unable to discharge the duties of office by reason of physical or mental disability,

the presiding officer of the municipal council shall be acting mayor. If the presiding officer is not

available, another member shall be selected by the Council to serve; and

(5) To exercise additional powers and perform other duties as provided by law.

ARTICLE VII

ELIGIBILITY TO VOTE

Section 701. Qualifications of Voters

A person is eligible to vote who, on the date of election, is eighteen years of age or older, is domiciled in the Commonwealth, is a resident of the Commonwealth and has resided in the Commonwealth for a period of time provided by law, is not serving a sentence for a felony, has not been found by a court to be of unsound mind, and is a citizen of the United States. The legislature may require that persons eligible to vote be citizens, rather than non-citizen nationals, of the United States.

Section 702. Prohibition of Literacy Requirement

A person may not be denied the right to vote because that person is unable to read or write.

Section 703. Domicile and Residence

The legislature shall implement Section 701 by providing the criteria by which domicile and residence shall be determined for voting purposes and specifying the length of residence within the Commonwealth that shall be required. Voting by mail may be allowed pursuant to the law.

ARTICLE VIII

ELECTIONS

Section 801. Regular General Election

The regular general election of the Commonwealth shall be held on the Election Day of the United States, that is, the Tuesday next after the first Monday in the month of November, regardless of the time difference.

Section 802. Other Elections

Other elections may be held as provided by law.

Section 803. Election Procedure

The legislature may provide for the registration of voters, nomination of candidates, absentee voting for registered overseas absentee voters, secrecy in voting, administration of elections, resolution of election contests, and other matters with respect to election procedures.

Section 804. Taking Office after Elections

Officers elected at the regular general election shall take office on the third day of January of the year following the year in which the general election was held. Elected or appointed officers shall be sworn into office within thirty days after election or appointment.

Section 805. Registration from Public Office

An elected public official shall resign from office upon certification to be a candidate for another public office, if the term of the office sought begins before the end of the term of the office held.

ARTICLE IX

INITIATIVE, REFERENDUM AND RECALL

Section 901. Initiative

The people may enact laws by initiative.

(a) An initiative petition shall contain the full text of the proposed law. If the petition proposes a general

law for the Commonwealth, the petition shall be signed by at least twenty percent of the persons

qualified to vote in the Commonwealth. If the petition proposes a local law that affects only one

senatorial district, the petition shall be signed by at least twenty percent of the persons from the

senatorial district who are qualified to vote.

(b) An initiative petition shall be filed with the attorney general for certification that the requirements

of Section 901(a) have been met.

general election that is held at least ninety days from the date the initiative petition or proposition

has been certified.

(d) A Proposition that proposes a general law for the Commonwealth shall become law if approved

by two-thirds of the votes cast by persons qualified to vote in the Commonwealth. A Proposition that

proposes a local law shall become law if approved by two-thirds of the persons from the senatorial

district who are qualified to vote. A Proposition that has been approved by the voters shall take effect

thirty days after the date of the election unless the Proposition provides otherwise.

Section 902. Referendum

The people may reject laws by referendum.

(a) A referendum petition shall contain the full text of the law sought to be rejected. If the law is a general

law for the Commonwealth, the petition shall be signed by at least twenty percent of the persons

qualified to vote in the Commonwealth. If the law is a local law that affects only senatorial district, the

petition shall be signed by at least twenty percent of the persons from the senatorial district who are

qualified to vote.

(b) A referendum petition shall be filed with the attorney general for certification that the requirements

of Section 902(a) have been met.

general election that is held at least ninety days from the date the petition has been certified.

(d) A referendum petition concerning a general law for the Commonwealth shall take effect if approved

by a majority of the votes cast by persons qualified to vote in the Commonwealth. A referendum

petition concerning a local law shall take effect if approved by a majority of the votes cast by persons

from the senatorial district who are qualified to vote. A law that is the subject of an approved petition

shall become null and void and be repealed thirty days after the date of the election unless the

petition provides otherwise.

Section 903. Recall

Elected public officials are subject to recall by the voters of the Commonwealth or of the administrative region or the subdivision thereof from which elected.

(a) A recall petition shall identify the public official sought to be recalled by name and office, state the

grounds for recall, and be signed by at least forty percent of the persons qualified to vote for the

office occupied by the public official.

(b) A recall petition shall be filed with the attorney general for certification that the requirements of

Section 903(a) have been met.

general election unless special elections are provided by law for this purpose.

(d) A recall petition shall take effect thirty days after the date of the election if approved by two-thirds

of the persons qualified to vote for the office involved.

(e) A recall petition may not be filed against a public official more than once in any year or during the first

six months of a term in office.

ARTICLE X

TAXATION AND PUBLIC FINANCE

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ARTICLE XI

PUBLIC LANDS

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ARTICLE XII

RESTRICTIONS ON ALIENATION OF SOME CATEGORIES OF LAND

[Not Available]

ARTICLE XIII

EMINENT DOMAIN

Section 1301. Eminent Domain Power

The Commonwealth may exercise the power of eminent domain as provided by law to acquire private property necessary for the accomplishment of a public purpose.

Section 1302. Limitations

Private property may not be taken without just, adequate, efficient, and prompt compensation. Private land may be taken only if no suitable public land is available for the accomplishment of the public purpose.

ARTICLE XIV

NATURAL RESOURCES AND ENERGY

Section 1401. Marine Resources

The marine resources in waters off the coast of the Commonwealth, including those in the South China Sea, over which the Commonwealth now or hereafter may have any jurisdiction under U.S. law shall be managed, controlled, protected and preserved by the legislature for the benefit of the people of the Commonwealth and the United States of America.

Section 1402. Outlying Islands, Islets or Atolls

The outlying islands, islets or atolls administered by the Commonwealth Government shall be maintained for cultural, recreational, economic, and military purposes and for the preservation and protection, including but not limited to bird, wildlife, plant and marine species.

Section 1403. Places and Things of Cultural and Historical Significance

Places of importance to the culture, traditions and history of the peoples and ethnic groups shall be protected and preserved and public access to these places shall be maintained as provided by law. Artifacts and other things of cultural or historical significance shall be protected, preserved and maintained in the Commonwealth as provided by law.

Section 1404. Water Resources

Water resources shall be preserved and the waste water shall be recycled or appropriately treated pursuant to the law.

Section 1405. Clean Energy

Various kinds of clean energy shall be developed and the supply of energy shall be secured as provided by law.

Section 1406. Environmental Protection

Environs, air, land and sea, shall be protected pursuant to the law. Trash/garbage/waste shall be disposed and recycled in accordance with law.

ARTICLE XV

EDUCATION

Section 1501. Elementary and Secondary Education

(a) Every person in the Commonwealth has the right to free, compulsory and public elementary and

secondary education within age and educational levels provided by law, with the exception of

homeschooling and private school education. The educational system shall provide maximum

educational and training opportunities and be sensitive and responsive to the needs and desires of

the community as it pursues its central objective of developing human potential. The educational

system shall also provide support and guidance for students in assessing area of interest and ability,

in clarifying values and goals, and in providing students with clear and accurate information so they

may gain the most from their educational experience. The educational system of the Commonwealth

shall strive for equipping Formosan citizens with better knowledge, tools, skills, trainings, work ethics,

and innovative or creative mind to help them lead a better future and life in the Commonwealth, in the

United States, and in the global community. The educational system shall recognize the distinct and

unique cultural heritage and indigenous way of life of the people and shall be committed to providing

for the language needs of the people and the preservation of their cultural integrity in accordance

with the applicable federal, Commonwealth, and local laws and the resolutions and conventions of the

United Nations as well.

(b) Administration of the public elementary and secondary education system of Commonwealth shall be

the responsibility of the Superintendents of Education of the various School Districts and the Secretary

of Education appointed by the Governor. The Board of Education (School Board) of each School

District shall formulate policy and exercise control over the public school system through the

Superintendent. Other matters pertaining to its operations and duties shall be provided by law.

of four years by and from the residents of the School District. Candidate who receives the highest

votes shall serve the office of the Superintendent. Elected members of the board shall serve

commencing on the third day of January in the year following the regular general election at which

they were elected.

(d) A member of the Board of Education shall be qualified to vote in the Commonwealth, at least twenty-

five years of age, and a resident and domiciliary of the Commonwealth for at least five years

immediately preceding the date on which the member takes office. A longer residency and domicile

requirement may be provided by law.

(e) The public elementary and secondary education system shall be guaranteed an annual budget of

not less than fifteen percent of the general revenues of the Commonwealth. The budgetary

appropriation may not be reprogrammed for other purposes, and any unencumbered fund balance

at the end of a fiscal year shall be available for reappropriation.

Section 1502. Higher Education

The legislature shall establish by law the following three systems of higher education in the Commonwealth:

(1) A University of Formosa system,

(2) A Formosa Commonwealth (or Territory) University system, and

(3) A Formosa Community College system.

Section 1503. Board and Regents, Autonomy and Administration

Each University or College shall be headed by a President. The President shall be appointed by a Board of Regents. The Board of Regents shall be appointed to staggered terms by the Governor at the recommendation of the Secretary of Education and shall have autonomy in the administration of its affairs and shall formulate policy relating to the higher education needs of the Commonwealth and the United States. The composition of the Board of Regents and other matters pertaining to its operations and duties shall be provided by law.

Section 1504. Annual Budget

The three systems of higher education shall be guaranteed an annual budget of a certain percentage of the general revenues of the Commonwealth. The budgetary appropriation may not be reprogrammed for other purposes, and any unencumbered fund balance at the end of a fiscal year shall be available for reappropriation.

Section 1505. Adult Education

The Department of Education of the Commonwealth may set up an Adult School at a high school or other appropriate and convenient location or place in each town or city or an equivalent administrative unit. These schools are exclusively for: (1)aliens who want to learn English, (2)new immigrants who want to study English and to prepare citizenship test or civics test, (3)U.S. citizens or non-citizen nationals who want to acquire a high school diploma or a high school equivalency certificate, and (4)the citizens and residents of the Commonwealth who want to learn or improve English and to study the history, geography, constitution, laws, and culture of America during the transitional period.

ARTICLE XVI

OATH OF OFFICE

Section 1601. Oath of Office

All members of the legislature and officers and employees of the Commonwealth and its political subdivisions taking office shall take and subscribe to the following oath or affirmation:

I do solemnly affirm (or swear) that I will support and defend the Constitution and laws of the Commonwealth of Formosa, the Covenant to Establish a Commonwealth of Formosa in Political Union with the United States, the applicable provisions of the Constitution, laws and treaties of the United States of America, and that I will faithfully discharge my duties to the best of my ability. So help me God.

ARTICLE XVII

CONSTITUTIONAL AMENDMENT

Section 1701. Legislative Initiative

The legislature of the Commonwealth, whenever two-thirds of both houses shall deem it essential and necessary, shall propose an amendment or amendments to this Constitution as part of this Constitution. An amendment or amendments proposed by the legislature shall become effective if approved by at least three-fourths of the votes cast in both houses which form a Constitutional Convention. The delegates of each house may join the debate but shall not cast the vote.

ARTICLE XVIII

CODE OF ETHICS

Section 1801. Code of Ethics

The legislature shall enact a comprehensive Code of Ethics which shall apply to elected and appointed officers and employees of the Commonwealth and its political subdivisions, including members of boards, commissions, and other instrumentalities. The Code of Ethics shall include a definition of proper conduct for members of the legislature with conflicts of interest and a definition of the proper scope of debate in the legislature, shall require disclosure of financial or personal interests sufficient to prevent conflicts of interest in the performance of official duties, shall define the offense or corrupt solicitation of public officials, and shall provide for punishment of offenses by fine and imprisonment.

ARTICLE XIX

CIVIL SERVICE COMMISSION

Section 1901. Civil Service

(a) The legislature shall provide a non-partisan and independent civil service with the duty to establish

and administer personnel policies for the Commonwealth Government. The Commission shall be

composed of seven members appointed for a term of six years by the Governor with the advice and

consent of the Senate. Members of the Commission may be removed only for cause.

The Commission's authority shall extend to positions other than those filled by election or by

appointment of the Governor in the departments and agencies of the executive branch and in the

administrative staffs of the legislative and judicial branches. Exemption from the civil service shall be

as provided by law, and the commission shall be the sole authority authorized by law to exempt

positions from civil service classification. Appointment and promotion within the civil service shall be

based on merit and fitness demonstrated by examination or by other evidence of competence.

(b) All categories of civil servants, old or new, shall be re-employed or employed on pertinent standard

forms of contract, of which the definitions of the job, the areas of responsibility, the terms of the job,

the obligations therewith, and other provisions or conditions shall be provided by the law.

ARTICLE XX

OFFICIAL SEAL, FLAG AND LANGUAGES

Section 2001. Official Seal

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Section 2002. Official Flag

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Section 2003. Official Language

(a) The Official language of the Commonwealth shall be English, with the most popular and conventional

oral and written language being treated as an operational language during the transitional period,

the duration of which shall be provided by law. The legislature may provide that governmental

proceedings and documents shall be in both languages at least for a specific period of time.

This Section shall not be subject to judicial review.

(b) The native languages of some major ethnic groups and the mother tongues of the aboriginal tribes

may be taught and preserved in some concerned and respective school districts.

A DRAFT COVENANT

TO ESTABLISH A COMMONWEALTH OF FORMOSA
IN POLITICAL UNION WITH THE UNITED STATES OF AMERICA

Contents

Notes

Preamble

Article I Political Relationship

Article II Constitution of Formosa

Article III Citizenship and Nationality

Article IV Judicial Authority

Article V Applicability of Laws

Article VI Revenue and Taxation

Article VII United States Financial Assistance

Article VIII National Guard and Coast Guard

Article IX Property

Article X Formosan Resident Representative and Consultation

Article XI Formosan U.S. Citizens in U.S. Presidential Elections and Primaries

Article XII Formosan Senate Delegates and House Delegates

Article XIII Transitional Justice

Article XIV Definitions, Approval, and Effective Dates

Note

This Draft Constitution for a Territorial Commonwealth of Formosa is for public discussions and private study in Formosa and America only. The document, prepared by David C. Chou and Alex C. L. Chen of the Formosa Statehood Movement, is in large part modeled after the Constitution of the Commonwealth of the Northern Mariana Islands, of which many provisions, articles, sections, and subsections are adopted or duplicated with minor modifications where necessary.

David C. Chou

Founder of the Formosa Statehood Movement

Taipei, Formosa; August 22, 2022

PREAMBLE

[Not Available]

ARTICLE I

FUNDAMENTAL AND PERSONAL RIGHTS

Section 101. Laws Prohibited

No law shall be made that is a bill of attainder, an ex post facto law, a law impairing the obligation of contracts, or a law prohibiting the traditional or tribal art or ways of healing or therapy, Oriental traditional preventive medicine or herbal medicine which may be appropriately regulated by law.

Section 102. Freedom of Religion, Speech, Press and Assembly

No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.

Section 103. Search and Seizure

The right of the people to be secure in their persons, houses, papers and belongings against unreasonable searches and seizing shall not be violated.

(a) No warrants shall issue except upon probable cause supported by oath or affirmation and particularly

describing the place to be searched and the persons or things to be seized.

(b) No wiretapping, electronic eavesdropping or other comparable means of surveillance shall be used

except pursuant to a warrant.

government within limits provided by law.

Section 104. Criminal Prosecutions

In all criminal prosecutions certain fundamental rights shall obtain.

(a) The accused has the right to assistance of counsel and, if convicted, has the right to counsel in all

appeals.

(b) The accused has the right to be confronted with adverse witnesses and to have compulsory process

for obtaining favorable witnesses.

(d) There shall be a speedy and public trial.

(e) No person shall be put twice in jeopardy for the same offense regardless of the governmental entity

that first institutes prosecution.

(f) Excessive bail shall not be required.

(g) Excessive fines shall not be imposed.

(h) No cruel and unusual punishment shall be inflicted.

(i) Capital punishment is prohibited except pursuant to the law.

(j) Persons who are under eighteen years of age shall be protected in criminal judicial proceedings and

in conditions of imprisonment pursuant to the law.

Section 105. Due Process

No person shall be deprived of life, liberty or property without due process of law.

Section 106. Equal Protection

No person shall be denied the equal protection of the laws. No person shall be denied the enjoyment of civil rights or be discriminated against in the exercise thereof on account of race, ethnicity, ancestry, color, religion or sex.

Section 107. Quartering Soldiers

No soldier in time of peace may be quartered in any house without the consent of the owner, nor in time of war except as provided by law.

Section 108. Trial by Jury

The legislature may provide for trial by jury in criminal or civil cases.

Section 109. Clean and Healthful Environment

Each person has the right to a clean and healthful public environment in all areas, including the land, air, and water. Harmful and unnecessary noise pollution, and the storage of nuclear, radioactive, or chemical material and the dumping or storage of any type of nuclear or chemical waste within the surface or submerged lands and waters of Formosa, the Pescadores, and any other outlying islands, islets, or atolls, are prohibited except as provided by law.

Section 110. Privacy

(a) The right of individual privacy shall not be infringed except upon a showing of compelling interest.

(b) Household registration files/records and personal ID cards shall be repealed and the following

documents shall be replaced:

(1) Birth certificates issued by a metropolis, municipality, or county office under the authorization of the

Commonwealth Government, which is obligated under federal law to report annually to the federal

government;

(2) Driver's licences issued by a metropolis, municipality, or county office of the Department of Motor

Vehicles of the Commonwealth Government;

(3) Social security numbers assigned and social security cards issued by a local office of the Social Security

Administration; and

(4) U.S. passports issued by a Regional Passport Agency of the State Department in the Commonwealth

to U.S. citizens or special U.S. passports issued to non-citizen nationals.

Section 111. Victims of Crime

The right of the people to be secure in their persons, houses, and belongings against crime shall be recognized at sentencing. Restitution to the crime victim shall be a condition of probation and parole except upon a showing of compelling interest.

Section 112. Right to Abortion

The right to abortion shall be reserved for the pregnant woman except pursuant to the law.

1 公告

「公告」這一欄，將張貼若干類項的公告或訊息，包括「台灣建州運動」與「台灣建州運動組織」的重要新聞、活動通知、發展動態、聲明、報告與重要論述等等，這些訊息可能以文字呈現，也可能以圖像或影音呈現。

星條旗（51州）

(圖片取自網路，著作權為原創者所有)

1A-01重要新聞

「台灣建州運動」即日起，接受台灣合法住民
在本網站上，進行「台灣加入美國公投請願連署」

台灣建州運動 (The Formosa Statehood Movement，簡稱FSM) 即日起，開始

推動與執行「台灣加入美國公投請願連署計劃」(The Project on Plebiscite Petition Signatures Collection for a Formosa Territory in the American Union

(簡稱The PPSC Project 或 The Project)，並從即日起，開始接受台灣合法住民

在本網站上進行連署。

欲在本網站上參加連署者，請進入本網站「公投請願連署」欄，在閱讀說明之後，

填寫並寄出表格。

欲深入了解公投請願連署宗旨與其他相關的事項，請進入本網站「現階段的工作」欄，去閱讀一些相關的資料。

1A-02 發展動態

1. 本欄將會隨時發佈訊息，讓台灣鄉親了解「台灣加入美國公投請願連署行動」

發展動態。

2. 台灣建州運動領導層已就「台灣加入美國公投請願連署」一事，與華府某些

國安和外交事務界人士，進行了若干接觸與磋商。基於政治考量，我們將等

適當時機來臨時，再行公佈。

3H 2019.06.09 美國到底會不會接納台灣

11A 07 英國政府關於「開羅公報」(Cairo Communique，後來有時又被稱為「開羅宣言」
Cairo Declaration)「不具法律拘束力」的權威解釋

11B 08 1955.05.04 英國外交次相就福爾摩沙與澎湖群島的國際法律地位所做的解釋
與聲明

台灣建州的59項理由（摘要）

(一) 1850年代上半期，美國東印度艦隊司令白理海軍准將，就曾向

美國政府提出「把福爾摩沙納為美國領土」之建議。

(二) 日本領台初始，大哲李春生即告訴福爾摩沙人：『國家認同是

可以轉移的，而轉移認同的標準是「文明進步、富强繁榮」』

(三) 建州派採納台灣先賢李春生的進步理念，呼籲台灣人民追隨

孫中山、蔣介石、台灣社會各界領導與菁英的家人和後人的腳步，

認同民主自由、文明進步、富强繁榮的美國。

本網站總訪客數

台灣建州運動

Formosa Statehood Movement ( FSM )

公告

ANNOUNCEMENT OF 8 SEPTEMBER 2022

台灣建州運動公告

星條旗（51州）

(圖片取自網路，著作權為原創者所有)

不要錯過任何訊息，請即刻訂閱本網站。