(✪‿✪)ノ排程中晝發文 #國際法法理建國 Q&A
Q193 :負責戰後託管的機構,不是聯合國託管理事會麼? 其當然有權依聯合國憲章安排進程。舊金山和約我沒記錯是授權當事國與日本另訂條款,提到移交聯合國託管機制的也就是西南群島和南方各島,而台灣也從未於法理上與中華民國形成託管關係,還是你指「代管」是與託管無關的另一個概念?
A193:
台澎是軍事佔領,跟聯合國託管制度無關。
《舊金山和約》條文網路上查得到,你可以逐條看看:https://en.wikisource.org/wiki/Treaty_of_San_Francisco
你提到的在這:
Chapter II. Territory
Article2
(d) Japan renounces all right, title and claim in connection with the League of Nations Mandate System, and accepts the action of the United Nations Security Council of April 2, 1947, extending the trusteeship system to the Pacific Islands formerly under mandate to Japan.
日本政府放棄國際聯盟委任統治相關的一切權利、權利名義與要求,同時接受聯合國安全理事會於1947年4月2日所採取有關日本前述太平洋島嶼委任統治地之託管統治安排。
Article 3
Japan will concur in any proposal of the United States to the United Nations to place under its trusteeship system, with the United States as the sole administering authority, Nansei Shoto south of 29° north latitude (including the Ryukyu Islands and the Daito Islands), Nanpo Shoto south of Sofu Gan (including the Bonin Islands, Rosario Island and the Volcano Islands) and Parece Vela and Marcus Island. Pending the making of such a proposal and affirmative action thereon, the United States will have the right to exercise all and any powers of administration, legislation and jurisdiction over the territory and inhabitants of these islands, including their territorial waters.
日本政府同意美國對北緯29度以南之西南群島(含琉球群島與大東群島)、孀婦岩南方之南方各島(含小笠原群島、西之與火山群島),和沖之鳥島以及南鳥島等地送交聯合國之託管統治制度提議。在此提案獲得通過之前,美國對上述地區、所屬居民與所屬海域得擁有實施行政、立法、司法之權利。
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不過也藉這機會跟大家說明:
1.中華民國政權是依照盟軍《一般命令第一號》中的安排,為盟軍全體成員到台澎接受日軍投降,並在台澎戰後最終處置確定前,以盟軍「代」理人身分為盟軍全體成員實施佔領及「管」理。
盟佔授權依據《一般命令第一號》是 1945.9.2 發佈,聯合國是在 1945.10.24 成立。因此,中華民國政權依據《一般命令第一號》為盟軍實施的佔領代管當然與聯合國託管制度無關。
2.《舊金山和約》中明白提到託管的,是第三條。其內容為日本同意該條所列領土交付聯合國託管制度託管,並以美國為託管國。在依聯合國託管制度託管完成託管前,由美國行使行政立法司法三權(施政權,也可說是治權的內容)。然而,美國並未使相關地區成為聯合國託管地,而是在治理一段時間之後,將其施政權交還給日本。
3.日本在《舊金山和約》第2條,放棄她對在第一次世界大戰後受國際聯盟託付的「委任統治地」所具有的一切權利、權利名義及請求,並「接受」聯合國安全理事會於 1947 年 4 月 2 日以第 21 號決議對該地區所做的安排。這些地方並不是因為《舊金山和約》而成為聯合國託管地,而是早在 1947 年 7 月 18 日就已依據安理會前述決議成為聯合國託管地,並由美國擔任託管國。
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#延伸閱讀
👉🏻Q&A18台澎為什麼不是聯合國託管地?:https://www.facebook.com/258660130833607/posts/4060458890653693/?d=n
台澎是在《舊金山和約》Chapter II. Territory
Article2
(b) Japan renounces all right, title and claim to Formosa and the Pescadores.
日本放棄對台澎所具有的權利名義(title),相關的一切權利(right),及一切的主張請求(claim)。
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👉🏻 同盟國是什麼?同盟國與ROC政權之間的關係? https://wp.me/pd1HGm-kX
👉🏻這篇有提到「代管」是法理建國派論述時的簡稱:
內部自決權 vs 外部自決權、民族自決權 vs 住民自決權、自決權的行使 https://wp.me/pd1HGm-5S
因為中華民國政權代表盟軍來台受降,停戰接著就是進行軍事占領,直到簽署和平條約,能有最終處置。 因為是盟軍全體成員授權之下作為同盟國的代理人,簡稱代管,代理他人進行管理的意思。只是我們法理建國派每次要解釋這一段就很複雜。還有一個原因就是我們並不想讓人誤以為與聯合國「託管」有關!
「#終止代管自決建國」的口號8個字解壓縮後就是 《台澎法理建國指南》的所有內容。
「#終止代管自決建國」所代表的就是:終止在二戰盟軍授權中華民國政權代表全體盟軍來台受降並且進行佔領管理的盟佔狀態,由原日籍台澎住民及其後代依國際法法理程序去日本殖民統治來行使住民自決權,在台澎領土上建立自己的主權獨立的國家。
(關鍵字搜尋🔍國際法法理建國,敬請期待明天的問與答)
希望大家可以看的資訊❣️
🙌🏻🙌🏻🙌🏻[英語繁中字]為什麼台灣在國際上無法加入WHO?原因與解決方法:https://youtu.be/lss2OdMhi90
👉🏻部落格 https://journeyshin.wordpress.com
👉🏻聖峰演講影片Youtube :
https://youtu.be/-a_qHXh_URM
👉🏻聖峰演講實錄Podcast:
https://anchor.fm/rotpnetwork-shin-hong-ng/episodes/2019-03-29-ep8kln
👉🏻Apple podcast:https://reurl.cc/a5qZjQ
👉🏻 《台澎法理建國指南》電子書:
https://drive.google.com/file/d/1yFXTxYOtkqrwEyV11w0kQyKujxEZsU8N/view?usp=sharing
👉🏻《台澎主權的未來請交給台澎人民決定》漫畫:
http://www.rotpnetwork.tw/TPSovDBYTP.php?LAN=TW
concur 意思 在 The Little Balu Facebook 的最佳貼文
這是讀者send給我的,希望能和大家分享7.21元朗恐襲的情況。
歡迎轉載,讓更多人看見香港發生了甚麼事。
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〈完美的一天 A Perfect Day〉
尋日(2019年7月21日)爭少少就係完美嘅一天。
It is almost a perfect day yesterday (21 July 2019).
我係一個普通嘅香港市民,八十後、基督徒、亦係天水圍人,尋日係星期日,我如常同太太出返九龍區嘅教會返崇拜,食完個晏就同太太同朋友去咗尖沙咀行街,之後喺海運戲院睇《反斗奇兵4》,然後食完飯就坐西鐵返屋企。
I am a normal Hong Kong citizen. Born in the 80's, a Christian who lives in Tin Shui Wai. Yesterday was a normal Sunday. I went back to church to join the worship with my wife in Kowloon, joined our friends for lunch in Tsim Sha Tsui, watched Toy Story 4 at the Grand Ocean cinema, and went back home after dinner by West Rail.
大約晚上十點幾喺柯士甸站上西鐵,上咗西鐵一切都好平常,直到接近十一點左右去到元朗站,月台上面傳來大叫「有人受傷、需要支援」嘅呼叫聲,而列車亦因為混亂無法開車,我就落咗去大堂睇一睇發生咩事,老婆留咗喺車廂入面。原來大堂果度一班喺閘入面嘅人已經開緊遮,佢哋俾一班閘外面身穿白色tee裇嘅人以木棍、水樽、棒球棍襲擊緊,出唔到閘。我最初觀察白衫人大約有四五十人左右,都係中年,亦有較年長嘅,識講廣東話粗口,兇神惡煞,非常激動。
At about 10pm, we were at the Austin Station, everything looked normal in the West Rail train. Our train arrived at Yuen Long Station just before 11pm, we heard a screaming, "Someone's hurt, we need backups!", and our train was stopped because of this confusion. I asked my wife to stay in the train, while I got off and went down to the station lobby to see what happened. Inside the gate, there were people holding their umbrellas up, defending from a group of gangsters who were all wearing white-shirts, attacking people inside the gate with wooden sticks, water bottles and baseball bats. People were trapped inside. There were around 40 to 50 white-shirt gangsters, mainly in their middle-aged, some were even older, shouted fiercely in Cantonese foul languages with agitation.
閘內地下留有鮮血血跡,我亦望到遠處閘外大堂有一名傷者受傷倒地,不斷俾白衫人凶緊,因為情況太危險我就無出閘幫手。我本身後退緊,打算上返車廂,就喺呢個時候閘內嘅市民突然全部退後,一湧而來,部份人衝入廁所,其他人就喺我身邊經過衝上扶手電梯梯同樓梯上月台,打算入車廂。
There were fresh blood stains on the floor inside the gate. Outside the gate not far away, there was someone injured, lying down on the floor, constantly threatening by a white-shirt gangster. I did not go out and help him due to the dangerous situation and I tended to go back up to the train. At that very moment, people inside the gate were suddenly moved back towards me. Some rushed into the washroom, others ran passed me and dashed to the platform through the escalators and staircase, and planned to reach the train for safety.
我見身邊有人跌倒,想幫又幫唔到手。然後白衫人已經殺到埋身,我正準備跑上扶手電梯上月台嘅時候就俾人從後襲擊咗後腦一下,我一邊跑一邊回望,睇到一個白衫人拎住枝棒球棍對住扶手電梯上面嘅人(包括我)大聲叫罵「 ___ 你老母」(第一個字聽得唔太清楚,請自行填充。)
Someone fell down next to me, I wished to help but I couldn't. The white-shirt gangsters were fast approaching, and I was about to rush back to the escalator. All of a sudden, I was attacked at my hindbrain, out of nowhere! I kept running and looked back at the attacker, it was a white-shirt gangster who was holding a baseball bat, yelling to the people (including me) on the escalator: YOU MOTHER _______ ! (I didn't hear it clearly, fill-in as you like)
我繼續上返月台,之後回頭望佢並無再追上嚟。我同其他乘客求奇衝入咗最尾一卡車廂,本身我都唔知自己流血,後來有其他乘客話我知我流緊血至知自己受咗傷。最後有啲熱心嘅乘客幫我消毒同包扎傷口(回想返先記得我咁大個仔都係第一次用M巾),同埋讓咗個位俾我坐。
I kept fleeing back to the platform, that white-shirt gangster had stopped chasing us. I went in the train with other passengers, and I did not even realized that I was bleeding until someone told me. Some very friendly passengers helped me to clean and wrap the wound (well, that was the first time I used sanitary pad), and nice enough to give me a seat.
過程之中我一邊用電話聯絡返老婆同佢報平安,佢話有人入咗車廂打人。而身邊嘅乘客都好不安,因為好擔心白衫嘅黑社會(我嗰刻至知原來係黑社會嚟嘅)會衝入嚟打人,好想快啲開車。同時亦開始有人話前面車廂(我係車尾)已經打緊,情況好混亂,好多人都好驚同鼓譟。唔知過咗幾耐(好似港鐵出咗聲明「詳細交代事件」,應該有寫詳細時間),我就坐返同一班列車去天水圍站,匯合返我老婆同遇到救護員,送咗去天水圍醫院,聯咗三針。我喺急症室等候期間,都不斷有被打受傷嘅人送入嚟急症室,估計有五至六個都係喺西鐵被襲的。
I was talking to my wife through the phone throughout the whole process. She told me that those gangsters were attacking people inside the train. Passengers around me were extremely worried, we were all afraid that those white-shirt Triad gangsters (now I knew they are Triad) will storme in and attack. We all hope that the train will move out from the station soon. At the same time, people were saying that there were attacks at the train head (I was at the tail), we were all in confusions and panics. After some minutes (looks like the MTR has made a statement regarding the detailed time), the train has finally moved, and I arrived Tin Shui Wai Station at last. I found my wife, we went straight to an Ambulanceman and admitted to the Tin Shui Wai Hospital afterwards, where I had my three stitches done. While I was waiting in the Emergency Room, 5 or 6 more injured people were sent in due to the West Rail attack.
急症室當值嘅警察都有主動問我係咪需要報案,我考慮咗一陣最後都同意咗,後來重案組亦係大約兩三個鐘後嚟同我落口供,佢問完個人資料之後,第一個問題就係問我有無出去遊行。我答無,佢好似有少少疑惑,我就拎返我張染咗血漬嘅《反斗奇兵4》嘅票尾比佢睇,佢先至再繼續同我落口供。最後我搞到清晨五點幾至返到屋企。
Policeman stationed in the Emergency Room has asked if I need to file a report. I had agreed after some consideration. The Crime Unit has also arrived after 2 to 3 hours to take my statement. After taking my personal information, he asked directly, "Did you join the protest march today?" I said, "No". He looked doubt. I took out the Toy Story 4 ticket stained with my blood and showed him, then he stopped questioning me. Eventually, I went home at about 5am.
其實本身尋日都係好平常嘅一日,同老婆行街、睇戲、食飯。之前我一直都有留意社會上發生嘅事,知道社會瀰漫住好多負面情緒。所以尋日我本身都打算俾自己抖一抖,放低時事一日。無奈就喺我休息、喺我最平常嘅生活當中,遇上咗無差別嘅襲擊,正所謂「我唔搞政治、政治一樣會嚟搞我」。我俾人扑濕,一定係我有做錯,而我最錯嘅係咩?我諗應該係因為我睇咗美帝嘅卡通電影。
It was a very normal day yesterday - shopping with my wife, watching movie, have a great dinner. I know what had happened lately in this city and how desperate people are these days. So I planned to have a relaxed day and free from the news. The ironic part is, on the day I was trying to rest and have a life, it was the day I encountered the indiscriminate attack. There is this saying, "you don't mess with politics, politics will mess with you eventually". I was attacked, so I must have done something wrong? What did I do wrong? Oh, I guess it must have been about me watching the American animation.
我知道我受嘅傷,同喺中上環俾警察無預警下開槍射傷嘅市民比,實在係微不足道(其實佢哋更應被關注!)。不過身邊聽到我經歷嘅朋友都好驚、好忿怒,其實我都係好忿怒、好無助,我地都無辦法明白到底點解坐西鐵返屋企會俾黑社會打,而點解警察又唔嚟阻止?但我更加感受到嘅係市民果種恐懼同絕望感,人群閃躲之際有人跌倒,有人落單,大家衝入車廂果陣會唔會發生人踩人?我老婆都陪伴咗個受驚而情緒失控嘅少女。大家都好驚、好恐懼、好絕望、好furious。人係受威脅之下,會出現figh-or-flight的反應,喺腎上腺素嘅驅使之下,一係會反擊,一係會逃走,但手無寸鐵嘅市民被圍困係車廂中被人撳住嚟打,既不能fight , 又不能flight,果種絕望同恐懼的確唔係三言兩語講得明白,往後嘅心理創傷同陰影烙印,可以係一生之久。
Comparing to those protesters shot by the Policemen without warning in Sheung Wan and Central, I was nothing (we should pay more attention to them instead!). But friends around me were shocked and outraged about my attack. To be frank, I was shocked too. Who would imagine that attack will come when I was just taking the West Rail train back home? And where were the Policemen when we need them? And most of all, I experienced the same fear and desperation with the passengers. People were dodging, falling down, left behind, there could be stampede when we rushed back to the train! My wife had also stayed and comforted a young girl who had almost lost control because of the frightening situation. Everyone was afraid, worried, hopeless and furious. When people are being threatened, there is a response called "fight-or-flight". The adrenaline will drive you to either fight back or take flight. Unfortunately, when we were unarmed and trapped inside the train, we cannot fight back, we cannot take flight, there is no word to describe the despair and fear in that scenario. The psychological trauma and shadow can be life-long.
的確,喺某啲人眼中,無論我係幾無辜被打,我走得慢所以我都依然係抵死,又或者一定係我經過元朗所以抵打。但我呢刻已經無力去鬧爆佢哋,咁做對我嚟講亦係無乜意思。我唔覺得襲擊我嘅人有幾大機會會被繩之於法,我亦都唔想停留喺去點樣出呢啖氣。難道戰爭中國家的政府會為一個被殺嘅平民作出調查麼?戰時社會有戰時嘅生存法則,我不得不面對現實:香港其實同戰爭社會已經無乜大分別,香港警隊同呢個政府係點做嘢,我已經無興趣知。
Some people may say, regardless of how innocent I am, that still, I was to blame. Maybe I ran too slow so I was meant to be attacked. Maybe I passed by Yuen Long so I should have known it better. I do not want to debate with their accusations, it is meaningless anyway. In my believe, there is no hope in taking the attacker down in my case, and I have no intention to take revenge. You see, when there is war in a country, the government will not take it serious when a citizen got killed. Wartime society has its own law of survival, and I have to deal with this reality: Hong Kong is in war now, and I have zero interest in what the HK Police Force and the government will take serious into.
但我都仍然想表達,香港人真係好有愛,喺亂世之時,大家都仍然能夠守望相助,我感受到被愛。車上嘅乘客不斷安慰我,不斷喺有限嘅物資之中幫我消毒止血做急救,救護員都幫咗我好多,我嘅朋友本身已經返咗喺市區嘅屋企都衝返入嚟睇我,亦有朋友係專登揸車入嚟,我嘅屋企人陪我喺急症室等通宵。所有朋友嘅安慰、慰問同祝福我都感受到。
There is one thing I must say. Hong Kong people are really full of passion. During this chaotic time, people are still willing to look after each other. I am blessed with their love: Passengers on the train have comforted me, treated my wound carefully when there is lack of first-aid materials; the professional treatment by the Ambulancemen; some friends have even rushed back after arriving their homes in downtown, one even drove his car all the way to the hospital; my family who have stayed with me in the Emergency Room throughout the whole night; all the comforts, loves and blessings from my friends…I am so blessed.
我唔係想講受襲嘅事唔重要,或者我要淡化、粉飾太平,我相信任何一個有良知嘅人都會對所有尋晚係西鐵上無辜受襲嘅市民感到心痛同忿怒。不過,我亦知道我哋呢種忿怒已經無處可容,因為呢個社會嘅制度已經崩壞,極權肆虐到一個點係唔可能再容許我哋有自己嘅思想同感受。塗鴉一個圖案可以係破壞政府管治基礎嘅底線,如此荒謬嘅話仲係出自一區首長之口,譴責圖案受破壞,比危殆嘅人命還緊要,我就明白到,無人性嘅極權眼中又點會睇到平民百姓人命價值嘅可貴?呢個邪惡嘅政治制度不過係想透過「收買人命」嘅恐慌嚟製造威權管治嘅理由,逼使人民放棄思想同抗爭,做個順民去拜服極權,等佢哋以為自己可以千秋萬世。
I will not say that the attack is not important, or lighten it up or paper over the cracks. Anyone have conscious will definitely be heartbroken and ambushed about the attack at the West Rail. But the truth is that, our outrageous has nowhere to escape. Our society system is corrupting, the totalitarianism is raging brutally to a point where no one is allowed to have their own thinking and feeling. When a simple graffiti is an act to test the bottom line of the government's governance, when the Chief Executive ridiculously condemns the destruction of a symbolic device more than the vicious attack to innocent citizen, I know that our lives have absolutely no values to these senior officials. This evil political system is taking lives, creating the chaos and the reason for their stuck-up governance, forcing the people to give up fighting, while eventually the people will worship them as gods with their kingdom lasts forever.
但係,在荒謬絕倫、置身喺邪惡陰謀嘅被襲經驗之中,我感受到身邊仍然有可愛嘅人,無論係素未謀面嘅乘客、救護員、定係我嘅朋友同家人,係佢地嘅愛同關心,使我能夠克服果種面對荒謬時嘅無助感,令我能夠有信心繼續行落去,有勇氣去面對果份無可躲避嘅恐懼,有盼望去戰勝果啲因擔心無差別隨機攻擊而帶嚟嘅心理壓力。
However, in this ridiculous attack experience under the evil conspiracy, there are lovely people around me: passengers , Ambulancemen, friends and family, for their loves and comforts give me the strength to overcome the helpless feeling throughout this absurd situation, the faith to move on, the courage to face the inevitable fear, and the hope to concur the in-depth pressure caused by the desperation of the indiscriminate attack.
昨日的我,經歷了被襲擊,令我完美的一天不再完美,但我卻在遭害和恐懼當中發現了愛和勇氣,是香港人守望的愛。
I was attacked yesterday, and it made my perfect day imperfect. But I found love and courage in the time of danger and fear. Hong Kong people do watch over for each other.
是的,香港人很有愛,所以我們值得擁有比現在更好的社會領袖和政治制度,We deserve better。因為你們有愛,所以我能夠不再怕遭害。因為你們有愛,所以我能夠堅持這個心願。因為你們有愛,所以我有信心香港人能夠一齊撐落去。
HongKongers are so full of love, that is why we deserve better society leaders and political system. We DO deserve better. Because of your love, I do not fear the danger. Because of your love, I can hold tight to hope. Because of your love, I have faith that HongKongers can stick together and make our own future.
香港人,加油💪🏻!
HongKongers, ADD OIL!
concur 意思 在 B - Facebook 的推薦與評價
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