Saturday, August 07, 2021
Monday, June 28, 2021
Quotations from Chairman Zhu
Quotations from Chairman Zhu, or 朱語錄 , is a collection of political observations by free market anarchist Bevin Chu, in the manner of Ambrose Bierce, Oscar Wilde, and H.L. Mencken.
Bevin Chu’s name, 朱炳文 , is transliterated as “Zhu Bingwen” according to the Hanyu Pinyin system used on the Chinese mainland.
Quotations from Chairman Zhu is obviously a satirical jab at the late Mao Zedong, whose Quotations from Chairman Mao, or 毛語錄 , was polea apart from Chu’s free market anarchism.
Quotations from Chairman Zhu will be updated whenever the Muse inspires.
America: a nation born on July 4, 1776 which died on September 11, 2001. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Axis of Evil: Once said to be Iran/Iraq/North Korea. Now known to be the US/Australia/India/Japan. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Bipartisanship: agreement between the ruling and opposition parties on how to defraud the taxpayers. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Career criminals don’t obey gun laws. They author them. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
China expert, aka Sinologist: A Sinophobe with a diploma on the wall. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Consent of the governed: The non-consent of those who never consented to be governed. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Conspiracy theorist: someone who draws unwanted attention to a conspiracy fact. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Constitution: a document drawn up by people you never met that claims you must obey other people you never met. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Constitution: a piece of paper intended to convince you that total strangers have the right to demand your obedience and money. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Constitutional Convention: A group of busybodies who meet in secret,
making up rules they intend to force total strangers to obey at
Corporations don’t own the government. They are the government. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
The Cold War transformed the Chinese Communist Party into the Chinese Civilizational Party, the Union of Soviet Socialist Republics into Russia, Inc, and the United States of America into the Amerikanischen Polizeistaat. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
The Common Good: something good only for those who consider themselves uncommon. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
The Conventional Wisdom may represent convention, but it seldom represents wisdom. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
There is no such thing as a good cop, because good cops become ex-cops. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
To be a political analyst one must be a criminal profiler. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Today more Communists can be found on American university campuses than in all of Russia and China. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Today’s conspiracy theory is tomorrow’s conspiracy fact. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Yesterday the corporations were creatures of the state. Today the state is a shell company for the corporations. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Yesterday’s conspiracy theory is today’s conspiracy fact. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Champion of democracy: Someone who approves of dictatorships as long as they hold elections. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Champions of democracy made the world safe for democracy. Champions of freedom must now make it safe from democracy. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Democracy is government of the sheeple, by the sheeple, and for the sheeple. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Democracy is mob rule in every sense of the term. It is rule by organized crime from above, and disorganized rabble from below. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Democracy is the most successful long con in history. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Democracy: a political system with all the disadvantages of a dictatorship but none of its advantages. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Democracy: a progressive political system that generously allows slaves to choose their masters. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Democracy: a system of legalized vote-buying. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Democracy: an oligarchy rubber-stamped by an election. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
I am an enemy of democracy because democracy is the enemy of liberty. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
In theory, democracy is government of the people, by the people, and for the people. In practice, it is government of the people in government, by the people in government, and for the people in government. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Extortion: the crime of demanding payment for unsolicited “protection” from real or hypothetical threats from other parties. Governments refer to their extortion as “taxation”. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
The electorate: government term for willing victims. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
The love of money is not the root of all evil. That distinction is reserved for the lust for power. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
When government is involved, “equal treatment” means equal mistreatment. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Anyone who appends a “but” after the phrase “I am a champion of freedom”, is no champion of freedom. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Faulty moral precepts that go unchallenged will eventually manifest themselves in their most extreme form. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Fractional Reserve Banking: legalized counterfeiting. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Free and fair election: an open and transparent process by which slaves choose their masters. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Free and fair election: unfree and unfair selection. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Free education is neither free nor education. It is state
indoctrination that inculcates the acceptance of slavery, subsidized
through legalized extortion and counterfeiting.
The West does not have freedom of information. It has freedom of disinformation. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Government is not about serving the people. It is about herding the sheeple. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Government is an institution that enables sociopaths to reassure themselves that “everything is under control”. In short, government is not a hallmark of civilizational order, but a symptom of mental illness. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Government: a gang of thugs that demands obedience and money at gunpoint from everyone inside a line it drew on a map. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Government: strangers you don’t know from Adam who presume to tell you how to live. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Governments acquire wealth in two ways. Taxation, which is legalized extortion. And inflation, which is legalized counterfeiting. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Governments are populated not by idealists with a mission to help, but by sociopaths with a compulsion to control. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Governments cannot exist unless they first commit two crimes, intimidation and extortion. Intimidation is threatening someone with physical harm or physical confinement unless he obeys your commands. Governments refer to their intimidation as “law enforcement”. Extortion is demanding payment for unsolicited “protection” from real or hypothetical threats from other parties. Governments refer to their extortion as “taxation”. The problem with government is that it cannot avoid being anything other than the very evil it promises to protect us from. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Gun control is not the control of guns. It is the control of people. It is the control of people who surrender their guns, by the people who collect their guns. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Gun control is people control. It is people who have guns controlling people who don’t have them. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Gun controllers are people who prove that guns are dangerous in the wrong hands — their own. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Gun controllers have no intention of eliminating guns. They merely intend to eliminate your guns. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Gun free zone: a zone in which people who have guns are free to shoot people who don’t have guns. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Human beings who think they cannot live without government are livestock who cannot live without ranchers. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
No government will ever protect people from looters, because the government is the looter the people most need protection from. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
No government will ever protect the public from evil, because the government is the very evil the public most needs protection from. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
So-called “government of the people, by the people, and for the people”, is “government of the people in government, by the people in government, and for the people in government”. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
The General Welfare: Welfare for the generals of the Military Industrial Complex. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
The government is a crime family with a flag. The Social Contract is an offer you can’t refuse. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
The government will never protect people from monopolies, because the government is the monopolist the people most need protection from. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
The government will never protect the pubic from evil corporations, because the government is the evil corporation’s subsidiary, whose sole purpose is to enrich the mother company. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
The problem is not that governments violate human rights. The problem is that government itself is a violation of human rights. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
The problem is not that gun control will leave us at the mercy of criminals. The problem is that the gun controllers are the criminals. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
The problem with government is that it cannot avoid being anything other than the very evil it promises to protect us from. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
The problem with gun control is that gun controllers are the very people we need guns to defend against. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Unless you attend the annual Bilderberg gathering, the government is not your government, it is their government. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Illegal: whatever the government disapproves of, no matter how right. Legal: whatever the government approves of, no matter how wrong. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Inflation is legalized counterfeiting. Taxation is legalized extortion. That’s what governments do. They legalize criminal activity, as long as they are the criminals engaged in the activity of course. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Intellectual Property Rights are neither intellectual, nor property, nor rights. They are anti-intellectual violations of real property rights. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Intimidation: the crime of threatening someone with physical harm or physical confinement unless he obeys one’s commands. Governments refer to their intimidation as “law enforcement”. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Jurisdiction: What other gangs call turf, the government calls jurisdiction. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Keynesian economics: a smokescreen to make legalized counterfeiting sound like rational policy. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Law Enforcement Officer: the term the crime family with a flag uses for its legbreakers. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Law-abiding citizen: passive victim. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Legal: whatever the government approves of, no matter how wrong. Illegal: whatever the government disapproves of, no matter how right. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Liberal democracy, like congressional ethics, is an oxymoron. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Limited government is better than totalitarianism, but only in the sense that petty theft is better than grand theft. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Limited government is early stage totalitarianism. Totalitarianism is late stage limited government. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Modern liberals are “Democratic fundamentalists” whose blind faith in “Liberal Democracy” rivals Islamic fundamentalists’ blind faith in Sharia Law. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
The Law: the name the government gives to its gang rules. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
The Rule of Law: rule by those who write the law, interpret the law, and enforce the law. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
The US Empire does not liberate. It obliterates. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
When scam artists sell something they don’t have, it is known as fraud and is punishable by law. When scam artists known as “The Government” sell something they don’t have, it is known as monetary policy, and it is the law. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Majority rule: minority rule rubber-stamped by a plurality. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Monetary policy: legalized counterfeiting. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Money is not the root of all evil. That distinction belongs to fiat currency. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
The MSM manufactures consent. The CIA manufactures dissent. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
The Myth of Authority: the belief that people who have “authority” may demand obedience from people who lack it. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
The Myth of Authority: the belief that people who lack “authority” must obey those who have it. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
The greatest mistake people make is to assume that people in government have their interests in mind rather than their own. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
The greatest mystery in the world is why people obey total strangers who call themselves “The Government.” https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
If the political system of the PRC is “Socialism with Chinese characteristics”, then the political system of the USA is “Nazism with American characteristics”. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Non-Governmental Organization (NGO): Nefarious Governmental Organization dedicated to color revolutions and regime change. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Organized Crime: the name the government gives to criminal organizations less organized than itself. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
A political solution is never a solution. It is always a problem. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
A property tax is an oxymoron. If you must pay a tax on it, it is not your property. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
A public servant is not a servant of the public. He is a servant of higher-ranking public servants. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Every state is a police state. A state that ceases to be a police state, ceases to be. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Political Correctness is unquestionably political, but it could not be less correct. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Pro-choice: a woman’s right to choose between revolvers or automatics. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Public service is public servants being serviced by the public. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
The duty of the police is to protect the people from whom we need protection. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
The public interest: a successfully relabeled special interest. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
The purpose of police state security measures is not to ensure public safety. It is to ensure public obedience. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
The purpose of public education is not to facilitate understanding. It is to instill obedience. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Quantitative easing is a euphemism for monetary policy. Monetary policy is a euphemism for legalized counterfeiting. Quantitative easing is a euphemism of a euphemism. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
People have rights only so long as they believe they have them. The moment they stop believing they have them, they lose them. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
People who don’t understand the nature of government, expect the government to protect them from robber barons. People who do understand the nature of government, expect the robber barons to appoint them to government positions. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Registered voter: registered slave. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
The rule of law: rule by those who write the laws, interpret the laws, and enforce the laws. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
A government solution is never a solution. Any solution imposed upon people by force is always a problem, hence never a solution. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
I am an enemy of the state, because the state is an enemy of the people.
Shakedown: the felonious act of extorting money through threats of violence. Shakedowns by governments are known as taxation. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Statism: The belief that people lack the wisdom to make their own decisions, but somehow have the wisdom to choose someone who does. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Supreme Court: nine gang members in black robes responsible for explaining the gang rules. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
The Social Contract: a fictitious agreement not worth the paper it isn’t printed on. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
The term state violence is a redundancy. A state is defined by violence. A state that is not violent is not a state. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Paradoxical Law of Truth: the more incomprehensible the explanation, the bigger the lie. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Tax evasion: the crime of avoiding extortion. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Taxation is legalized extortion. Inflation is legalized counterfeiting. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Taxpayers: government term for victims of extortion. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Totalitarianism is late stage limited government. Limited government is early stage totalitarianism. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Totalitarianism: the end point of all government. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Universal suffrage: an equitable political arrangement that permits every slave to choose his own master. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Refusing to vote is also a vote. It is a vote that says “I refuse to authorize my own enslavement.” https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Voting: a sacrament of the state religion by which individuals sanction their own enslavement. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Voting: the privilege of choosing one’s slavemaster. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
A wise consistency is the hallmark of a great mind. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Zionism: Nazism with Jewish Characteristics. https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/
Sunday, May 29, 2016
posted by Bevin Chu
May 29, 2016
Thursday, July 09, 2015
Thursday, March 21, 2013
Written by Professor Fung Hu-hsiang
Translated by Bevin Chu
January 30, 2013
Translator's Note: The nine year long witch hunt waged by the "justice system" on Taiwan against Fung Hu-hsiang confirms that "democracy" is no guarantee of "freedom and human rights." Democracy is not government of the people, by the people, and for the people. Democracy is government of the people in government, by the people in government, and for the people in government.
The year 2012 was the Year of the Dragon. The year 2013 is the Year of the Snake. The snake is commonly known as a "little dragon." To the Chinese people, dragons are symbols of good fortune. From the earliest "Book of Changes," dragons have represented stages in a larger process, the so-called "da zai qian yuan, wan wou zi she, nai tong tian." The dragon represents the active and creative Spirit of Life. That is why in Chinese culture the dragon has long occupied a position of respect.
Dinosaurs however, represent the opposite. They represent dull-wittedness, obliviousness, and rigidity. So-called "dinosaur judges" represent the defiance of common sense. They represent monsters who indiscriminately harm innocent people. Today's judiciary has many serious and dedicated "dragon judges" presiding over court cases. Unfortunately, it also has many "dinosaur judges." These self-appointed gods abuse their authority, and give judges as a whole a bad name.
This author once sued Chen Shui-bian for defamation. As a result, Chen served eight months in prison. This author opposes Taiwan independence and champions reunification. His position is clear. As a result, he is deeply hated by advocates of Taiwan independence. He is a thorn in their side. As a result, he has become the victim of a major injustice. His case has dragged on for nine years. This shows just how vindictive these dinosaur judges can be. They have turned the justice system into what Taiwanese industrial magnate Robert Tsao called a "meat grinder." They have turned the justice system into a "Flying Guillotine" that mutilates the innocent.
On January 17, 2012, the China Times published an article by American human rights champion Jerome Cohen. In it Professor Cohen reminded readers never to underestimate the Communist Party, the police, and other government agencies. They have repeatedly demonstrated their ability to twist the meaning of the law, and resort to difficult to detect, illegal means to abuse the powers that in principle are limited by the constitution and the nation's laws.
Alas, Professor Cohen sees only the Chinese Communist Party's human rights violations on the mainland. He turns a blind eye to countless similar violations by the pro-Taiwan independence DPP on Taiwan.
The author is a clear example. In 2004, DPP era "dinosaur prosecutors" and "dinosaur judges" imposed exit restrictions on the author. They deprived the author of his right to travel freely, as guaranteed by the constitution, for seven long years.
That was not all. The author's three daughters and three friends, were cavalierly charged with "perjury" by Shihlin District Prosecutors Office, entirely on the basis of supposition, even before the sentence was delivered and the was closed. Their rush to prosecute was naked political persecution by "dinosaur prosecutors" and "dinosaur judges."
The United Nations Human Rights Convention, as well as the spirit of the ROC's laws call for the "presumption of innocence." This author was falsely accused in 2004 by a Filipino maid. Until a verdict is handed down, a defendant must be regarded as innocent. Yet the Shihlin District Prosecutors Office cavalierly restricted the author's freedom of travel. The author was scheduled to lead a group of students on a visit to the mainland. The prosecutors claimed this made the author a "flight risk." The presiding judge did not even bother to consult the author for clairfication before cavalierly imposing travel restrictions. Together, they deprived the author of his right to leave the country for seven years.
During this seven-year period, the author made repeated legal appeals. The Supreme Court repeatedly ruled that the courts could not "presume a flight risk." That is why it repeatedly remanded the case back to the High Court for retrial. Yet the "dinosaur judges" on the Taiwan High Court, repeatedly cited "maintaining the integrity of the proceedings" as a pretext. They brazenly defied the Supreme Court's instructions. They flagrantly violated of the principle of presumption of innocence. They grossly exceeded their powers. Yet many of these "dinosaur judges" were later rewarded with generous promotions.
In May 2011, the Filipino maid's false accusations were exposed in the international media. As a result she officially pleaded guilty to two counts of perjury. The third time the author was tried, the court summoned three expert witnesses who examined all of the physical evidence. They determined that the author had indeed been unjustly prosecuted. As a result the author was found not guilty. Only then were the long-standing exit restrictions lifted.
The author was acquitted in both the third and fourth trials. Yet without the introduction of any new evidence, "dinosaur prosecutors" in the High Prosecutor Office introduced anonymous letters as evidence, and in flagrant abuse of their power, appealed yet again.
The author would like to ask the Prosecutor General, can prosecutors really treat anonymous letter as the basis for an appeal? The author would also like to ask the Minister of Justice, is he really unaware of this miscarriage of justice?
The outrages hardly end here. During the fifth trial, "dinosaur judges" utterly ignored the author's acquittal during the third and fourth trials. They obstinately reintroduced the Shihlin District Court's faulty judgment, based on incomplete evidence. They copied directly from it, and created a patchwork quilt legal case. They ruled on the basis of previously discredited evidence. They defied the legal principle that new evidence overrides old evidence. What kind of logic is this? What sort of justice is this?
During the author's fifth trial the presiding judge accused the author of "delaying the legal proceedings," and refused to commute the sentence according to the "speedy trial law." The presiding judge cited the author's request for a continuance during the first trial as pretext. The author was not even informed of the judge's actions in advance. This was tantamount to a sneak attack. Such a flagrant violation of due process contravemes the accused right to be tried in person. It denies the defendant his human rights. What can one call judges such as these, other than "dinosaur judges?"
In another similar situation, the presiding judge failed to inform the author of what was taking place. He cited a Supreme Court case, claiming it constituted evidence. He argued that it was similar in nature, therefore the author was guilty. Procedurally, this was a sneak attack. It deprived the author of his right to a legal defense. It cited only unfavorable cases. It did not cite favorable cases. It was clearly biased. What can one call judges such as these, other than "dinosaur judges?"
In fact, during the second trial, the Supreme Court made clear that the original evidence was riddled with dubious defects. Unless new evidence was presented, the verdict had to be "not guilty." During the third trial, expert witness were called to examine all the evidence. They found that the evidence favored acquital, even more clearly than before. They found that the verdict should have been "not guilty," even more clearly than before. Yet the fifth trial presented no new evidence. Instead, the presiding judge engaged in empty speculation. He treated his empty speculation as "circumstantial evidence." This was a flagrant violation of the rules of evidence. The presiding judge failed to cite any reason for his rulings. As a result, the evidence cited turned into a web of contradictions. His judgment was based purely on speculation. It was clearly illegal. It was clearly in defiance of common sense. Yet he rendered this outrageous and tyrannical sentence. What can one call judges such as these, other than "dinosaur judges?"
According to the Judicial Yuan website, the presiding judge in this case, was a member of the same clique of judges who outraged the public with their ruling on the "three-year-old girl case." The group's judgment was utterly contrary to common sense. It provoked a public outcry and led to an escalation in public criticism. This judge was clearly a member of this group of "dinosaur judges." Who knew the judge in this case would render all manner of illegal judgments? This was truly regrettable. What can one call judges such as these, other than "dinosaur judges?"
The author has long deferred to his defense attorneys' recommentations. He has put up with these judges' tyrannical behavior. Although the judge in the first trial slammed his fist down on the table and bellowed insults at the author. The author remained silent. But he now sees that his forebearance will not ensure a fair trial. He has no choice but to appeal to the public. He must make the truth behind these dinosaur judges and dinosaur prosecutors public. Only this will enable the public to make a fair evaluation. Only this will compel the courts to redress this judicial farce. If this miscarriage of justice can be made public, it may help promote judicial reform and systemic reform. It may help ensure human rights for the public at large. That would be a blessing, both for the general public and for the nation's system of justice.
民 國101年是「龍」年， 102年為「蛇年」， 俗稱「小龍」， 「龍」在中國人心中， 本是祥瑞的象徵， 從最早的《易經》， 乾元就用「龍」來代表各種階段型態， 所謂「大哉乾元，萬物資始，乃統天」; 「龍」的本性， 正是代表一種最為活躍創造的生命精神， 所以在中華文化歷史中， 一直非常推崇「龍」。
然而，「恐龍」代表的意思， 卻正好相反； 在眾人心目中， 代表一種遲鈍、顢頇、僵化，所謂「恐龍法官」
， 更代表一種背離常情、 違反常理常識， 卻又濫害無辜生命的恐怖怪物。 在當今司法界， 雖然有很多認真敬業、 判案合情合理合法的「祥龍」法官， 不幸的是， 同時也有不少自命上帝、 任意濫用生殺大權的「恐龍」法官， 真正堪稱「害群之龍」！
本文作者因為曾經控告陳水扁誹謗案， 令其坐牢八個月， 復因反對台獨、 主張統一， 旗幟鮮明， 所以深遭台獨人士嫉恨， 視為眼中釘， 因而親身經歷重大冤案， 纏訟長達九年之久， 深深看清楚某些恐龍法官惡性重大， 他們不只讓司法成為曹興誠董事長口中的「絞肉
Cohen）的大作， 他在文中提醒讀者： 「我們千萬不可以小覷共產黨、 警察和其他部門， 事實已屢屢證明， 他們有能力透過曲解法律， 和採用不易查察、 卻往往非法的手段， 在實踐中恢復被憲法和法律限制的權力。」
權問題， 卻忽略了台灣在民進黨台獨執政時期， 同樣有很多類似情形。
本文作者就是明顯見證， 從民國93年被民進黨時期的「恐龍檢察官」 與「恐龍法官」限制出境， 無端被剝奪憲法所保障的人權出境自由， 長達7年之久！
另有甚者， 作者的三個女兒與三位朋友， 在全案未定讞之前， 竟被臺灣士林地方法院檢察署用臆測的方法， 輕率的扣上「偽證」罪名， 匆匆起訴， 形成「政治追殺」的恐怖恐龍！
根 據聯合國「人權二公約」， 以及我國法律規定的「無罪推定」精神， 本文作者雖然在民國93年被菲傭誣告， 但在定案之前， 均應視為無罪， 然而臺灣士林地方法院檢察署承辦檢察官， 竟藉口作者會帶學生團參訪大陸， 便輕率的以「有逃亡之虞」聲請限制出境， 加上承辦審判長未向作者問清楚實情， 竟也輕率照准， 就此硬生生的剝奪了作者出境的遷徙人權， 長達七年之久！
在 此七年期間， 筆者屢次依法抗告， 最高法院也多次認為不能 「憑空臆測有逃亡之虞」， 所以多次發回要求高等法院更審， 但臺灣高等法院的「恐龍法官」等， 竟又多次強以「保全訴訟程序」為由， 悍然拒絕最高法院意旨， 不但明顯違反「無罪推定」原則， 而且自我膨漲權力， 這種「恐龍法官」， 後來居然很多都獲高升！
直到民國100年5月， 因為誣告作者的菲傭， 透過跨國視訊， 正式二度向法庭承認誣告， 更（三）審法庭也傳訊三位專家證人， 從種種物證鑑定， 證實本案確為冤案， 所以改判無罪， 才解除了漫長的限制出境。
然而，作者在更（三）、 更（四）審連續獲判無罪之後， 高檢署「恐龍檢察官」居然在沒有任何新證下， 硬用匿名信做證據， 再度濫權上訴！
作者很想請問檢察總長， 檢察官能用匿名信， 做為上訴證據嗎？ 也很想請問法務部長， 對於此中的重大冤情， 是否知情呢？
更為過份的是， 更（五）審的「恐龍法官」， 竟然無視更（三）、 更（四）審的無罪判決， 硬是把原先士林地院人證據不全情形下的判決， 重新抄襲、 拼湊成章， 以其舊內容為基礎判刑， 完全違背「新證優於舊證」的法理， 這叫什麼邏輯？ 這叫什麼天理！
特 別是，更（五）審的受命法官， 居然在沒有告知作者情形下， 擅自以作者從前更（一）審曾經請假為由， 逕指作者「拖延訴訟程序」， 而拒絕根據「速審法」減刑， 形同突襲偷襲， 如此公然違反程序正義， 違背直接審理原則， 剝奪作者答辯人權， 不叫「恐龍法官」， 又叫什麼？
另 外同樣情形， 受命法官在未告知作者情形下， 自稱引用最高法院定讞的類似案件做為證據， 聲稱因為性質類似， 所以同樣有罪； 非但在程序上同屬突襲偷襲， 剝奪作者的訴訟答辯人權， 而且只舉不利案件， 不舉有利案件， 明顯非常偏頗， 不叫「恐龍法官」， 又叫什麼？ 事實上，本案在更（二）審時， 最高法院就已明言， 原先證據諸多可疑瑕疵， 若無新證據補強， 便應判為無罪， 更（三）審更特別傳訊專家證人鑑定種種物證， 強化有利證據， 所以才宣判無罪； 未料本次更（五）審並無任何新證， 受命法官竟然只用臆測方法， 自稱「間接證據」， 明顯違反證據法則， 受命法官而且多處判決未裁理由、 所引事證與卷內矛盾， 並且只用臆測方法作為判決基礎， 明明很多公然違法， 同時違反一般人的常情常理， 卻仍悍然判刑， 如此離譜卻又霸道， 不叫「恐龍法官」， 又叫什麼？
根據司法院網路資料， 本案受命法官， 正是當年轟動社會的「三歲女童案」被批評的同
組法官， 當初該組判決完全背離常情常理， 引起輿論嘩然、 大加撻伐， 明確命名該組法官為「恐龍法官」， 未料本次該法官在本案中， 又做出種種違背情理的違法判決， 令人真正感慨； 這種「恐龍法官」 何時才能了！
本案長期以來， 作者都聽從律師建議， 對法官的態度忍氣吞聲， 即使從前更(一)審受命法官曾經公然對作者拍桌
咆哮， 作者也都忍辱沈默， 但如今眼看一路以來的委屈並不能求得公正審判
， 只有訴諸社會公評， 將本案中很多恐龍法官與恐龍檢察官真相公諸於
世， 才能讓社會大眾公正評鑑， 也才能讓司法部門重新警惕冤情； 若能因為本案的公開冤情， 促成司法改革能從通盤制度改進， 並對廣大民眾的人權能增進保障， 相信才是真正全民之福， 也才是真正司法之幸！
Thursday, January 31, 2013
The Wealth of Nations
posted by Bevin Chu
January 31, 2013
1. You cannot legislate the poor into prosperity, by legislating the wealthy out of prosperity.
2. What one person receives without working for, another person must work for without receiving.
3. The government cannot give to anybody anything that the government does not first take from somebody else.
4. You cannot multiply wealth by dividing it.
5. When half of the people get the idea that they do not have to work, because the other half is going to take care of them, and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for, that is the beginning of the end of any nation!
Saturday, January 26, 2013
Wake Up America!
A letter sent to me by a fellow gun rights defender
posted by Bevin Chu
January 26, 2013
You're sound asleep when you hear a thump outside your bedroom door. Half-awake, and nearly paralyzed with fear, you hear muffled whispers. At least two people have broken into your house and are moving your way.
With your heart pumping, you reach down beside your bed and pick up your shotgun. You rack a shell into the chamber, then inch toward the door and open it. In the darkness, you make out two shadows. One holds something that looks like a crowbar.
When the intruder brandishes it as if to strike, you raise the shotgun and fire. The blast knocks both thugs to the floor. One writhes and screams while the other crawls to the front door and lurches outside.
As you pick up the telephone to call police, you know you're in trouble.
In your country, most guns were outlawed years before, and the few that are privately owned are so stringently regulated as to make them useless.
Yours was never registered.
Police arrive and inform you that the other burglar has died. They arrest you for First Degree Murder and Illegal Possession of a Firearm.
When you talk to your attorney, he tells you not to worry: the authorities will probably plead the case down to manslaughter.
"What kind of sentence will I get?" you ask.
"Only ten-to-twelve years," he replies, as if that's nothing.
"Behave yourself, and you'll be out in seven."
The next day, the shooting is the lead story in the local newspaper. Somehow, you're portrayed as an eccentric vigilante while the two men you shot are represented as choirboys. Their friends and relatives can't find an unkind word to say about them.
Buried deep down in the article, authorities acknowledge that both "victims" have been arrested numerous times. But the next day's headline says it all:
"Lovable Rogue Son Didn't Deserve to Die."
The thieves have been transformed from career criminals into Robin Hood-type pranksters. As the days wear on, the story takes wings. The national media picks it up. Then the international media. The surviving burglar has become a folk hero.
Your attorney says the surviving thief is preparing to sue you and he'll probably win.
The media publishes reports that your home has been burglarized several times in the past and that you've been critical of local police for their lack of effort in apprehending the suspects.
After the last break-in, you told your neighbor that you would be prepared next time. The District Attorney uses this to allege that you were lying in wait for the burglars.
A few months later, you go to trial. The charges haven't been reduced, as your lawyer had so confidently predicted. When you take the stand, your anger at the injustice of it all works against you. Prosecutors paint a picture of you as a mean, vengeful man.
It doesn’t take long for the jury to convict you of all charges. The judge sentences you to life in prison.
This case really happened.
On August 22, 1999, Tony Martin of Enmesh, Norfolk, England, killed one burglar and wounded a second.
In April, 2000, he was convicted and is now serving a life term.
How did it become a crime to defend one's own life in the once great British Empire?
It started with the Pistols Act of 1903. This seemingly reasonable law forbade selling pistols to minors or felons and established that handgun sales were to be made only to those who had a license.
The Firearms Act of 1920 expanded licensing to include not only handguns but all firearms except shotguns. Later laws passed in 1953 and 1967 outlawed the carrying of any weapon by private citizens and mandated the registration of all shotguns.
Momentum for total handgun confiscation began in earnest after the Hungerford mass shooting in 1987. Michael Ryan, a mentally disturbed man with a Kalashnikov rifle, walked down the streets shooting everyone he saw. When the smoke cleared, 17 people were dead.
The British public, already de-sensitized by 80 years of "gun control", demanded even tougher restrictions. The seizure of all privately owned handguns was the objective even though Ryan used a rifle.
Nine years later, in Dubliner, Scotland, Thomas Hamilton used a semi-automatic weapon to murder 16 children and a teacher at a public school.
For many years, the media had portrayed all gun owners as mentally unstable or worse, criminals. Now the press had a real kook with which to beat up law-abiding gun owners. Day after day, week after week, the media gave up all pretense of objectivity and demanded a total ban on all handguns.
The Dubliner Inquiry, a few months later, sealed the fate of the few sidearms still owned by private citizens.
During the years in which the British government incrementally took away most gun rights, the notion that a citizen had the right to armed self-defense came to be seen as vigilantism.
Authorities refused to grant gun licenses to people who were threatened, claiming that self-defense was no longer considered a reason to own a gun. Citizens who shot burglars or robbers or rapists were charged while the real criminals were released.
Indeed, after the Martin shooting, a police spokesman was quoted as saying, “We cannot have people take the law into their own hands."
All of Martin’s neighbors had been robbed numerous times, and several elderly people were severely injured in beatings by young thugs who had no fear of the consequences. Martin himself, a collector of antiques, had seen most of his collection trashed or stolen by burglars.
When the Dubliner Inquiry ended, citizens who owned handguns were given three months to turn them over to local authorities. Being good British subjects, most people obeyed the law. The few who didn't were visited by police and threatened with ten-year prison sentences if they didn't comply. Police later bragged that they'd taken nearly 200,000 handguns from private citizens.
How did the authorities know who had handguns?
The guns had been registered and licensed. Kind of like cars. Sound familiar?
WAKE UP AMERICA!
THIS [civilian disarmament] IS WHY OUR FOUNDING FATHERS PUT THE SECOND AMENDMENT IN OUR CONSTITUTION.
"It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds”
If you think this is important. please it forward to everyone you know. You had better wake up, because Obama is doing the very same thing over here. And there are stupid people in congress and on the street who will go right along with him.
"After a shooting spree, they always want to take the guns away from the people who didn't do it. I sure as hell wouldn't want to live in a society where the only people allowed guns are the police and the military."
-- William S. Burroughs, icon of the Beat Generation, one of the most politically trenchant, culturally influential, and innovative artists of the 20th century
And yes, even Karl Marx insisted on the right to keep and bear arms!
“workers must be armed and organized. The whole proletariat must be armed at once with muskets, rifles, cannon [sic!] and ammunition… Under no pretext should arms and ammunition be surrendered; any attempt to disarm the workers must be frustrated, by force if necessary.”
-- From the Address of the Central Committee to the Communist League, by Karl Marx and Frederick Engels in 1850.
Tuesday, January 01, 2013
by Ivy Lee and Fang Ming
The Asia-Pacific Journal, Vol 10, Issue 53, No. 1, December 31, 2012.
The China Desk: Ms. Ivy Lee is a brilliant scholar and a personal friend. This is one of the strongest rebuttals of spurious Japanese territorial claims to Diaoyutai penned so far. Highly recommended.
“The near universal conviction in Japan with which the islands today are declared an ’integral part of Japan’s territory‘ is remarkable for its disingenuousness. These are islands unknown in Japan till the late 19th century (when they were identified from British naval references), not declared Japanese till 1895, not named till 1900, and that name not revealed publicly until 1950." Gavan McCormack (2011)1
In this recent flare-up of the island dispute after Japan “purchased” three of the Diaoyu/Senkaku Islands, Japan reiterates its position that “the Senkaku Islands are an inherent part of the territory of Japan, in light of historical facts and based upon international law.” This article evaluates Japan’s claims as expressed in the “Basic View on the Sovereignty over the Senkaku Islands” published on the website of the Ministry of Foreign Affairs, Japan. These claims are: the Senkaku/Diaoyu island group was terra nullius which Japan occupied by Cabinet Decision in 1895; China did not, per China’s contention, cede the islands in the Shimonoseki Treaty; Japan was not required to renounce them as war booty by the San Francisco Peace Treaty; and accordingly Japan’s sovereignty over these islands is affirmed under said Treaty. Yet a careful dissection of Japan’s claims shows them to have dubious legal standing. Pertinent cases of adjudicated international territorial disputes are examined next to determine whether Japan’s claims have stronger support from case law. Although the International Court of Justice has shown effective control to be determinative in a number of its rulings, a close scrutiny of Japan’s effective possession/control reveals it to have little resemblance to the effective possession/control in other adjudicated cases. As international law on territorial disputes, in theory and in practice, does not provide a sound basis for its claim of sovereignty over the Diaoyu/Senkaku Islands, Japan will hopefully set aside its putative legal rights and, for the sake of peace and security in the region, start working with China toward a negotiated and mutually acceptable settlement.
To read the rest of the article, visit
Thursday, June 07, 2012
Bowring's Invented History
June 7, 2012
The China Desk: Dedicated China-demonizer Philip Bowring, whose work is never done, recently published an article in the Wall Street Journal entitled, “China's Invented History.” Bowring asserts that "Beijing is rewriting the past to justify its expansive claims to disputed waters."
Daniel Ong, a Chinese-Filipino, puts Bowring's allegations under the microscope and demolishes them, one by one. The facts are clear. Within the framework of the conventional monopolistic state, the Huangyan Islands belong to China.
Actually, most territorial disputes bedeviling the world, including the recent ones in the South China Sea, are the tragic but predictable result of the conventional monopolistic state and its flawed concepts of "collective ownership."
Free market anarchism, grounded correctly in individual ownership, would have prevented such clashes from arising in the first place.
The Huangyan Isles
by Daniel Ong
"A little learning is a dangerous thing.” So wrote Alexander Pope in the 18th century. A little learning can even be more dangerous nowadays, when it hides under the cloak of a prestigious publication and is widely disseminated through modern online media. One example of such is Philip Bowring's article “China's Invented History” tackling the China-Philippine conflict over Scarborough Shoal, posted on the website of the Wall Street Journal. The article of Mr. Bowring charges that China is rewriting history to bolster its own claim to Scarborough Shoal (and the Spratly Islands).
Mr. Bowring's main evidence for Chinese historical revision is that Chinese sailors were latecomers to the South China Sea and could not have been the first to discover Scarborough, as China claims. Mr. Bowring presents other arguments to counter the Chinese claim to Scarborough: (1) the Philippines has a stronger claim to Scarborough Shoal on the basis of “geography,” and (2) China is wrong in using the 1898 Treaty of Paris as a basis for its claim.
Let us first consider Mr. Bowring's subsidiary arguments. Mr. Bowring writes that the “Philippine case for Scarborough is mostly presented as one of geography,” and proceeds to cite the oft-repeated figures showing the proximity of Scarborough to Luzon, and the distance of Scarborough from China. He also writes that China avoids these inconvenient geographical facts in pressing its claim.
Mr. Bowring is apparently unaware that the Department of Foreign Affairs of the Philippines has released a position paper on the matter last April 18 (Department of Foreign Affairs, “PH sovereignty based on Unclos, principles of int'l law,” Philippine Daily Inquirer, 20 April 2012, A18; “ ‘Panatag is part of Phl territory',” The Philippine Star, 20 April 2012, 10). The position paper stated that Philippine sovereignty and jurisdiction over “Bajo de Masinloc” or Scarborough is not premised on proximity or the fact that the rocks are within its 200-nautical-mile exclusive economic zone (EEZ) or continental shelf under the United Nations Convention on the Law of the Sea (UNCLOS).
Even the Philippine government has already realized that geographic proximity alone is not an adequate basis for claiming sovereignty over territory (Jon M. Van Dyke, “Legal Issues Related to the Sovereignty over Dokdo and Its Maritime Boundary,” Ocean Development & International Law, Jan 2007, 38(1-2): 159, 193; Louis Henkin, Richard Crawford Pugh, Oscar Schachter, and Hans Smit, International Law: Cases and Materials, 2nd ed., St. Paul: West Publishing, Co., 1987, 290, 306-307).
Mr. Bowring criticizes China for partly basing its claim to Scarborough on the 1898 Treaty of Paris between Spain and the United States. This segment is worth quoting in full, if only to demonstrate Mr. Bowring's convoluted logic and his lack of knowledge regarding history in general:
Another unsteady pillar in China's claim to the Scarborough Shoal is its reliance on the Treaty of Paris of 1898. This yielded Spanish sovereignty over the Philippine archipelago to the U.S. and drew straight lines on the map which left the shoal a few miles outside the longitudinal line defined by the treaty. China now conveniently uses this accord, which these two foreign powers arrived at without any input from the Philippine people, to argue that Manila has no claim.
The irony is that the Communist Party otherwise rejects “unequal treaties” imposed by Western imperialists, such as the McMahon line dividing India and Tibet. Does this mean Vietnam can claim all the Spratly Islands, because the French claimed them all and Hanoi has arguably inherited this claim?”
The argument of Mr. Bowring is untenable, in two ways.
(1) In his analysis, China contradicts itself when it rejects other “unequal treaties,” but uses the Treaty of Paris for its purposes. Mr. Bowring seems to imply that the Treaty of Paris is also some sort of “unequal treaty,” since it was concluded “without any input from the Philippine people.”
Mr. Bowring appears to be confused about the concept of unequal treaty. An unequal treaty, in the view of East Asian nationalists, is a treaty which was not negotiated between states treating each other as equals, but imposed upon a weaker state after its military defeat or with further threat of military action by a stronger state. For example, the Treaty of Nanjing signed by China after its defeat in the First Opium War, provided for the cession of Hong Kong Island to the United Kingdom (among other things), and is considered the first of the unequal treaties imposed by foreign powers on China. If the 1898 Treaty of Paris is to be considered an unequal treaty, the stronger state would obviously be the US, and the weaker state in this case would be Spain, which was forced to relinquish the Philippines (plus Guam and Puerto Rico) after its defeat in the Spanish-American War.
Therefore, even if the Treaty of Paris is interpreted to be an “unequal treaty,” what would be in question would not be the proper boundaries of the Philippines, but the validity of the transfer of the Philippines to the United States (just as the issue about the “unequal” Treaty of Nanjing would not be the boundaries of Hong Kong, but the validity of the cession). Even if the Philippines had remained under Spain, or even if the Philippines had successfully won its independence in 1898, the extent of Philippine territory would still not have been greater than what it had been before the Spanish-American War. One good thing about the Treaty of Paris is that it provided a clear delineation in writing of this territorial extent.
(2) Despite all this, one might still argue that the Treaty of Paris was null and void and is not binding on the Philippines, simply because the Philippines was not a participant in the negotiations leading to the treaty. It may be true that the Treaty of Paris was concluded between Spain and the US “without any input from the Philippine people,” but was this treaty later rejected by the Philippines?
The boundaries set by the Treaty of Paris (and by the Treaty of 1900 between the US and Spain, and the Treaty of 1930 between the US and the UK) served as the basis of the definition of Philippine territory in the 1935 Constitution of the Philippines.
One can argue further that the 1935 Commonwealth Government of the Philippines was not a true independent government. However, the definition of Philippine territory in the 1935 Constitution was adopted in the subsequent post-independence Constitutions of 1973 and 1987, and by Republic Act (RA) No. 3046 in 1961 defining Philippine baselines. On the Philippine claim, Fr. Joaquin G. Bernas has already written that “We are claiming land areas that are outside the lines drawn by the Treaty of Paris. The challenge for us is to be able to justify our claims under the present state of international law. Merely citing the shape or date of old maps will not settle the issues.” (“Scarborough issues,” Philippine Daily Inquirer, 14 May 2012, A17)
Perhaps the only thing that Mr. Bowring got right was this statement: “The seafaring history of the region at least for the first millennium of the current era was dominated by the ancestors of today's Indonesians, Malaysians, Filipinos and (less directly) Vietnamese.” This statement at least is supported by current historical and anthropological knowledge. (Victor T. King, “Ethnolinguistic Groups of Southeast Asia,” inSoutheast Asia: A Historical Encyclopedia, from Angkor Wat to East Timor, ed. Ooi Keat Gin, pp. 492-498, Santa Barbara, California: ABC-CLIO, Inc., 2004).
Unfortunately, that's about it; his subsequent statements reveal his limited knowledge about these ancestors of the Southeast Asians. Mr. Bowring writes that “Malay people from what is now Indonesia were the first colonizers of the world's third largest island, Madagascar, some 4,000 miles away,” that “the Madagascan language and 50% of its human gene pool are of Malay origin,” and that “the Malay-speaking, Hindu-ized Cham seagoing empire of central Vietnam dominated South China Sea trade until it was conquered by the Vietnamese.”
Evidently, Mr. Bowring confuses “Malay” with “Malayo-Polynesian;” replacing all occurrences of “Malay” in the previous statements with “Malayo-Polynesian” would make them correct. The concept of “Malay” as a race encompassing the peoples of Indonesia, Malaysia, and the Philippines was an invention of 18th-century European racism (“Malay,” in Barbara A. West, Encyclopedia of the Peoples of Asia and Oceania, Volume II, p. 478, New York: Facts on File, Inc., 2009). “Malay people” now refers to people speaking the Malay language, a language which may have existed since before the Christian era, but attested in writing only in the 7th century CE (Hein Steinhauer, “Malay/Indonesian,” in Facts About the World's Languages: An Encyclopedia of the World's Major Languages, Past and Present, ed. Jane Garry and Carl Rubino, pp. 452-453, New York and Dublin: The H. W. Wilson Company, 2001).
Mr. Bowring argues that the Chinese could not have been the first to discover Scarborough, since the dominant seafarers in the South China Sea in the first millennium were the “Malays” (i.e., Malayo-Polynesians). Mr. Bowring believes that because the Malayo-Polynesians were the earlier seafarers, they must have discovered every existing land feature in the South China Sea before others did.
Even if Mr. Bowring is correct, the discovery of Scarborough by Malayo-Polynesians does not mean that it became their territory. A review of the Clipperton Island arbitration case would be helpful (http://www.ilsa.org/jessup/jessup10/basicmats/clipperton.pdf). The Clipperton Island case happens to be very similar to that of Scarborough. Clipperton is a coral atoll; it was and still is uninhabited, is closest to Mexico, and was claimed by both France and Mexico. Mexico argued that Clipperton had been discovered by Spain and therefore had belonged to Spain, and that Mexico succeeded to Spain's rights over Clipperton upon independence in 1836.
The arbiter reasoned that even if it could be proven that Clipperton had been discovered by Spanish navigators, there was no evidence that Spain incorporated it in its possessions, so it could be considered territorium nullius in 1858, when a French naval lieutenant declared French sovereignty over it. Abandonment by France after 1858 (“no positive and apparent act of sovereignty”) was also not considered a factor to extinguish French sovereignty. Although the decision was rendered in 1931, the arbiter decided that based on the facts, sovereignty over Clipperton belonged to France from the date Nov. 17, 1858.
If Mr. Bowring thinks that the “13th-century map” is not sufficient basis for China to claim Scarborough, there are other more recent official acts and proclamations on the part of China. In 1935, China's Land and Water Maps Inspection Committee published a journal listing the approved Chinese and English names of islands and other features in the South China Sea (Li Jinming and Li Dexia, “The Dotted Line on the Chinese Map of the South China Sea: A Note,” Ocean Development & International Law, July-Dec 2003, 34(3-4): 289).
In December 1947, the Chinese government at the time (which is the government now administering Taiwan) officially drew the dashed lines forming a U-shaped boundary around the South China Sea islands (Zou Keyuan, “Historic Rights in International Law and in China's Practice,” Ocean Development & International Law, April-June 2001, 32(2): 161; Peter Kien-Hong Yu, “The Chinese (Broken) U-shaped Line in the South China Sea: Points, Lines, and Zones,” Contemporary Southeast Asia, Dec 2003, 25(3): 407). Scarborough Shoal lies within this U-shaped boundary.
In September 1958, China promulgated its “Declaration of the Government of the People's Republic of China on Territorial Sea,” laying claim over the islands in the South China Sea, including Scarborough Shoal (Yann-Huei Song and Zou Keyuan, “Maritime Legislation of Mainland China and Taiwan: Developments, Comparison, Implications, and Potential Challenges for the United States,” Ocean Development & International Law, Oct-Dec 2000, 31(4): 306-307).
In February 1992, China promulgated its “Law on the Territorial Sea and the Contiguous Zone,” declaring sovereignty over Scarborough as part of the Zhongsha Island Group. In 1996, China's legislature ratified the UNCLOS, but also declared that China was reaffirming its sovereignty over all the archipelagoes and islands listed in the 1992 Territorial Sea law (Yann-Huei Song and Zou Keyuan, 2000, 309).
As for the Philippines, it made a formal claim to Scarborough only in 2009, when the Philippine Congress passed RA 9522, labeling Scarborough a “‘Regime of Islands' under the Republic of the Philippines” over which the country “exercises sovereignty and jurisdiction.” Before 2009, Scarborough was not considered Philippine territory even by its own Constitutions.
Mr. Bowring writes that “Beijing argues that its 1932 claim isn't bound by the Convention, which came into effect in 1994 since it preceded it. That's a handy evasion, most probably because China knows its case for ownership is weak by the Convention's yardsticks.” These statements actually do not demonstrate China's evasion, but rather Mr. Bowring's ignorance of the UNCLOS.
The jurisdiction of the UNCLOS and the International Tribunal for the Law of the Sea (ITLOS) is generally understood to be limited to law of the sea disputes (Zou Keyuan, “The International Tribunal for the Law of the Sea: Procedures, Practices, and Asian States,” Ocean Development & International Law, Apr-June 2010, 41(2): 140). This means that the ITLOS only has jurisdiction over matters covered by the UNCLOS, such as disputes over delimitation of territorial seas and EEZs, and not issues such as which state owns a particular island in the sea. In other words, the UNCLOS deals with maritime boundary disputes, but is has no “yardsticks” when it comes to sovereignty disputes over land territory.
By appealing to the “Convention's yardsticks,” Mr. Bowring probably thinks that the Philippines can rightfully claim Scarborough because it lies within its 200-nm EEZ. Raul C. Pangalangan had already written that it's the other way around—the Philippines has to settle its title to an island first, before the extent of the surrounding territorial sea and EEZ can be determined (“Baselines: A primer for beginners,” Philippine Daily Inquirer, 6 February 2009, A14).
According to Mr. Bowring, China believes that its claim to Scarborough precedes the UNCLOS and is therefore not bound by it. That is absolutely correct: the UNCLOS sets the limits of territorial seas and EEZs; it does not and cannot alter existing state boundaries. This is the same reason why the Philippines cannot claim Taiwan and the Talaud Islands as its territories even if these lie within 200 nm of Philippine coasts.
All that Mr. Bowring's article demonstrates is ignorance of history, anthropology, linguistics, law, and logic.
On the issue of Scarborough Shoal, the evidence suggests that China is not the one guilty of historical revision, and “today's naval arguments won't come to an end” until the guilty side stops rewriting the past.
Saturday, May 12, 2012
Philippines and Mainland China Clash over Huangyan Islands
The China Desk: The following is an article published in the Manila Standard Today. The name of the author was shown as "Victor N. Arches of San Juan City, a retired investment and merchant banker, a retired Certified Public Accountant, and a retired economist who dabbles in history and political science."
Some in the Philippines allege that Arches is a pseudonym, and that Arches is not who he claims to be. But the author's identity is beside the point. The point is whether what he wrote was true. On this point the record is clear. Within the framework of the conventional monopolistic state, Huangyan Island belongs to China.
Actually, most territorial disputes bedeviling the world, including the recent ones in the South China Sea, are the tragic but predictable result of the conventional monopolistic state and its flawed concepts of "collective ownership."
Free market anarchism, grounded correctly in individual ownership, would have prevented such clashes from arising in the first place.
It Belongs to China
By "Victor N. Arches II"
April 28th, 2012
Manila Standard Today
The Scarborough Shoal does belong to China which discovered it and drew it in a map as early as 1279 during the Yuan Dynasty. Chinese fishermen, from both the Mainland and Taiwan, have since used it. As a matter of fact, Guo Shoujing, (the Chinese astronomer, engineer and mathematician who worked under the Mongol ruler, Kublai Khan) performed surveying of the South China Sea, and the surveying point was the Scarborough Shoal which is considered part of the Zhongsha Islands (renamed Huangyan Island in 1983).
By contrast, the “old maps” being relied upon by our Department of Foreign Affairs in its spurious claim on the same territory were drawn up only in 1820, or 541 years after China’s. I am surprised that Senator Edgardo Angara—supposedly a renowned lawyer—can claim that a map drawn 5 centuries and 4 decades after, takes precedence over the much earlier map of China.
But I am all the more astonished that Fr. Joaquin Bernas, in his April 22 article in another newspaper, being one of the main framers of the 1987 Constitution, uses the 1982 UN Convention on the Law of the Sea as his basis to defend the Philippine claim. This, despite and after acknowledging the fact that, indeed, “the Scarborough Shoal is OUTSIDE THE LIMITS set by the Treaty of Paris for Philippine territory.” What kind of double-speak is that?
So, what exactly was the territory we declared independence from the US in 1946? Why is it that NONE of our constitutions, past and present, from 1899, 1935, 1943, 1973, 1986 and 1987, include either the Spratlys or the Scarborough Shoal within our declared national territory? Where, or from whom, did we, all of a sudden, acquire title to these? Out of thin air?
In the late 1970s, China organized many scientific expeditions in the Shoal and around that area. In fact, in 1980, a stone marker reading “South China Sea Scientific Expedition” was installed by China on the South Rock. This Chinese marker was removed, without authority, by the Philippines in 1997.
All official maps published by the Philippines until the 1990s excluded both the Spratlys and Scarborough Shoal from its territorial boundaries. Our own Republic Act No. 3046, passed by our Congress and approved in 1961, stopped us from our claim. Yet, we had the temerity to amend this law on March 10, 2009, after 48 long years, to unilaterally include the disputed territories.
But what takes the cake is the fact that China holds three international treaties in support of its claim over the territories in question—namely, the 1898 Treaty of Paris between the US and Spain, the 1900 Treaty of Washington between Spain and the US, and the 1930 Treaty between Great Britain and the US, all limiting Philippine territorial limits to the 118th degree meridian of longitude east of Greenwich.
On the other hand, the basis of the Philippine claim is restricted to proximity, relying solely on the 1982 United Nations Convention on the Law of the Sea. As far as I know, a mere “convention” cannot overturn or supersede a treaty or an agreement reached between colonial powers. And even if it were considered a “law”, it cannot be made to take effect retroactively.
Whom are we fooling?
Tuesday, April 10, 2012
Captain America: The First Avenger, 2011
Captain America leads the fight for freedom in the action-packed blockbuster starring Chris Evans as the ultimate weapon against evil! When a terrifying force threatens everyone across the globe, the world's greatest soldier wages war on the evil Hydra Organization, led by the villainous Red Skull.
-- Captain America Official Website
The US Massacre Mentality
by Jack D. Douglas
April 10, 2012
The U.S. carried out a systematic program of racial clearing of the valuable land of Native Americans. I don't know of evidence many thought of it as genocide or even ethnic cleansing, though some probably did, since Social Darwinism of various kinds was loose in the world and by the early twentieth century some might have thought of it in genetic terms. I think most of the massacres and policies that led to the rapid dying away of the millions of Native Americans were aimed at getting control of the valuable lands at the local and national level.
There is no question, though, that the national massacre mentality, which later exploded so immensely against other nations, from the Philippines and WWII saturation bombing and burning of all the cities of Germany and Japan (except Kyoto) to Vietnam and the use of economic national strangulation against Iraq, Afghanistan and now Iran , existed very early in some U.S. officials at the top. I first became aware of this as a young teenager when I read about four of Kenneth Robert's novels about pre-revolutionary and revolutionary America – Rabble in Arms (my first and favorite), Arundel, Northwest Passage....Northwest Passage contained a bit of a shocker for me. The young hero (?) center piece of the novel who witnesses it all, Langdon Towne, and an old geezer friend join Roger's Rangers on a mission to attack a Huron village on the border. When they get there they attack at dawn and trap the Indians, massacring with abandon. One crazed Ranger is even found later with a head of one of the victims in a sack – he's been eating it. Bit shocking when you've grown up on American State Textbook Fantasies about the Good Americans Saving The World. (I think the victims had sent marauding border parties that killed some frontier Americans, so this was a Reprisal Massacre, which is the way Americans and other nations normally "Justify" their more immense massacres.)
When you get to Jackson's slaughter of the Seminoles in the Florida Glades and the later March of Tears to Oklahoma, etc., which would make Bataan look tame, you realize how horrific the U.S. Racial Clearing was. Sheridan was a late comer. And when you see the massive forcing of native Americans onto useless land that could not support them, imprisoning them in open air concentration camps ("Reservations"), and letting them die away on booze and government handouts that were inherently very unhealthful, Sherman burning a huge swath across Georgia and burning a big city like Atlanta, and the use of vast firepower against Vicksburg and other Southern areas, and Sheridan's slaughters, you know the U.S. ushered in the modern age of total warfare against nations and immense slaughters committed in a rage of moralistic hubris and greed and blood lust.
And look at Lincoln and the other Republicans who made huge land grants to Big Rail Roads in the West of Indian lands the size of France. They gave away those vast lands indiscriminately which continue to this day to vastly enrich some, such as Burlington-Northern under its new names – and the Fascist Hero Buffet who bought the whole gigantic B-N Corp. and much of that huge basin of gas and coal they've found from Canada down into North Dakota. I think that's a case where simple justice would be served immensely by turning that huge area into a Native American Trust Fund for rebuilding their homes and lands and cultures – and help them escape the diabetes and gambling trap.
The British concentration camps in S. Africa and the Nazi Death Camps had their beginnings in the vast annihilation of Christian and Classical Liberal Standards that began in the U.S. and the similar clearings of Native Americans by Spain and local states south of our border (and to a lesser degree in the Russian pogroms against Jews in the nineteenth century).
The late Bill Marina and I started realizing those things, after all that Textbook Fantasy Propaganda, in early high school at Miami Jackson (named after that Seminole mass murderer) , the tenth grade, and began talking about some of it in my tenth grade civics class run by a wonderful teacher, Mrs. O'Hara, dedicated to Liberal Education principles and practices of free speech. We especially talked about the totally unnecessary nuclear bombing of women and children in Hiroshima and Nagasaki. Once you begin to see those things clearly for what they were, you cannot go back to the mindless American Hero Fantasies and you see more and more clearly how awful the U.S. global empire has been for mankind and finally that it is the greatest threat mankind has ever faced. It took decades to get to that, but, once you can see clearly where before you could not see at all, the awful truth of American guilt dawns slowly on you.
April 10, 2012
Jack D. Douglas is a retired professor of sociology from the University of California at San Diego. He has published widely on all major aspects of human beings, most notably The Myth of the Welfare State.
American Progress, Oil Painting by John Gast (1872)
Columbia, a personification of the United States, leads civilization westward with American settlers. Native Americans and animals flee into darkness
The China Desk comments:
The US Massacre Mentality by Jack D. Douglas is an incisive commentary of how the US government rationalizes atrocities committed against anyone deemed an enemy.
As long time readers of The China Desk know, I was once the coldest of Cold Warriors, thoroughly indoctrinated with the myth of American Exceptionalism. As late as Desert Storm, I was still willing to rationalize away much of the US government's misdeeds as "regrettable but necessary."
I awakened from my dream only when Bush Senior's promised Peace Dividend failed to ever materialize. The American Imperium trotted out one rationalization after another to justify its War on Drugs, its War on Terror, its War on the Evil of the Month. The chimera known as the Peace Dividend just kept receding into the future.
But the biggest disillusionment came with Imperium Americanus' unrelenting Cold War against Mainland China, despite the fact that it had abandoned Communism and embraced free markets. That's when it finally dawned on me that the US government's rampant colonialism, imperialism, and racism had no higher purpose. Instead, it was nothing more than naked Social Darwinist aggression.
As Douglas astutely notes:
"Once you begin to see those things clearly for what they were, you cannot go back to the mindless American Hero Fantasies and you see more and more clearly how awful the U.S. global empire has been for mankind and finally that it is the greatest threat mankind has ever faced. It took decades to get to that, but, once you can see clearly where before you could not see at all, the awful truth of American guilt dawns slowly on you."
American preoccupation with righting wrongs the world over reflects an desperate effort to assuage a guilty conscience. The American preoccupation with "liberating Tibet" is a textbook case of psychological projection. Redressing historical mistreatment of American Indians would be emotionally upsetting and might open the floodgates to costly demands for reparations. Far cheaper, both morally and fiscally, to go after China, a convenient scapegoat.
I recently watched all 10 seasons of the enormously entertaining 1995-2005 military procedural series "JAG," in a single, month long sitting.
JAG (TV Series, 1995-2005)
J.A.G. - Military parlance for Judge Advocate General's corps. JAG follows the adventures of Harmon "Harm" Rabb Jr. Given far-ranging powers as a detective, prosecutor, and defense attorney. Harm now works alongside Marine Corps attorney Sarah "Mac" MacKenzie, who shares Harm's desire to seek out the truth in every case and keep the delicate balance between what's good for the military and what's best for the common good.
-- JAG Official Website
As I watched one episode after another of JAG in swift succession, I realized how far I had come over the past two decades. The personal dynamics between the well-drawn, highly attractive characters were no less enjoyable to watch. But the "My country right or wrong" politics of many JAG episodes left me shaking my head. I found it hard to believe that I once subscribed uncritically to that self-congratulatory, "America can do no wrong" mindset.
Douglas is right. Once one has seen the light, one cannot go back to the mindless American Hero Fantasies.
The film Captain America: The First Avenger, promotes the Myth of American Exceptionalism. But intentionally or otherwise, it simultaneously subverts the Myth of American Exceptionalism. As Dr. Abraham Erskine, the expatriate German scientist tells Steve Rogers, the man he is about to transform into Captain America:
"A strong man who has known power all his life, will lose respect for that power. But a weak man, knows the value of strength, and knows compassion ... You must promise me one thing. That you will stay who you are. Not a perfect soldier, but a good man."
The US government today is like a strong man who has known power all his life. He has lost respect for that power. He has forgotten what it is like to be weak. He has forgotten the value of strength. He does not know compassion. He has not stayed what he once was. He may be a perfect solider, but he is no longer a good man. Dr. Erskine would be dismayed to learn that the country he fled to has become just like the Nazi Germany he fled from.
The official website for Captain America: The First Avenger gushes:
"Captain America leads the fight for freedom in the action-packed blockbuster starring Chris Evans as the ultimate weapon against evil! When a terrifying force threatens everyone across the globe, the world's greatest soldier wages war on the evil Hydra Organization, led by the villainous Red Skull."
Today, the US government hardly "leads the fight for freedom." Today, with its post-9/11 police state measures, it leads the fight against freedom. Today the US government is not "the ultimate weapon against evil!" Today, with its killer drones, it is the ultimate weapon for evil. It is the terrifying force that threatens everyone across the globe. Today the world's greatest solider is the evil Hydra Organization (Military Industrial Complex), led by the villainous Red Skull (Trotskyite Neo-Conservatives).
Conventional monopolistic government, once it acquires power, is the same everywhere. Every government on earth is susceptible to the same absolute corruption by absolute power. The only antidote to this corruption, to statism, and the resulting Chauvinism, jingoism, and delusions of national exceptionalism, is Free Market Anarchism.