When Mr. Chen Shi-bein initiated legal proceeding against President Mr. Barrack Obama and Defense Secretary Mr. Gate for the reason that Mr. Obama and Mr. Gate has not sent troops to take over or to occupy Taiwan, I thought its laughing-stock.
Mr. Chen Shui-bein claimed that Taiwan’s status is uncertainty as due to the United States of America has not relinquished Taiwan’s right to then President or Chair man of China, Mr. Chiang Jai-sui right after Japan surrendered to the United States1940s. I did not know how Mr. Chen Shui-bein had graduated from a law school of Taiwan University, perhaps Mr. Chen Shui-bein should ask for refund, or if there a loop-hole or not up to par of Taiwan highest education.
The United States of America gave up right or claim to Taiwan voluntarily with intentional relinquishment of such right immediately after had open the embassy in Taiwan, now in AIT. Mr. Chen Shui-bein fiercely claimed Taiwan sovereignty when he was Taiwan president. It is a joke. Mr. Chen Shui-bein, who claimed that he is a lawyer, should know when one or another country dispenses with the performance of something his entitled to exact. Then, by law or by contract, he intentionally or voluntarily surrenders his right. Therefor, there is not indeterminate Taiwan status.
Mr. Chen Shui-bein’s attorney should have known a suit which has brought up in the United States. It is a lack of territorial jurisdiction over the events or person within it. If a court does not have territorial jurisdiction, then the court can not bind the defendant to an obligation or adjudicate any right.
If Mr. Chen Shui-bein’s attorney insisted, as he claimed that he was going to bring another legal proceeding in another U.S. court, a defendant, Taiwan government, can challenge territorial jurisdiction by;
1) Direct attack,
A. Taiwan government, defendant, appears before forum to object to the forum jurisdiction over Taiwan or motion to dismiss due to lack of territorial jurisdiction.
2) Or collateral attack,
Such as a default judgment is taken and Taiwan challenge jurisdiction in a subsequent proceeding.
Mr. Chen Shui-bei is wast time and money to bring letigation in the court which it does not have territorial jurrisdiction.
Jennie PC Chiang 10/12/09
Figured that your comment is trying to emphasize on his greedy mind.