2 Messages Capt Glen Aroza 4 July 2009


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2 Messages Capt Glen Aroza 4 July 2009

  1. 1. MESSAGE NUMBER 2: ---------- Forwarded message ---------- From: Sarvadaman Oberoi <manioberoi@gmail.com> Date: Sat, Jul 4, 2009 at 7:06 PM Subject: Fwd: MOST IMMEDIATE TODAY CAPT. GLEN PATRICK AROZA, MASTER M.T.TOSA, NYK SHIPS -DETENTION IN HUALIEN, TAIWAN SINCE 18 APRIL 2009 To: Arun Kapur <arunkapur@gmail.com> Cc: preetha aroza <preetha.aroza@gmail.com>, glen aroza <glen.aroza@gmail.com>, Capt A K Bansal <cmd@iwl.in>, enrkm@bsnl.in, Vindod Gupta <vinoddar@gmail.com>, Mohan V Naik <capmnaik@vsnl.com>, raghuramrao2001@yahoo.co.in, menezesjp@yahoo.com Dear Arun, The email I am now forwarding was sent to MOS in MEA (PS to MOS) and Minister of shipping, (Mr Gopalan, PA to Minister of shipping confirmed receipt and promised to action thereof - nothing heard yet). The office of MOS in MEA also confirmed receipt of the Email - nothing heard from there as well. On 3 July 2009 NYK Japan/ Singapore have made an interim order of payment which shall get executed in 3 to 4 days but the prosecutoe said it was not enough compensationand the parties are unlikely to accept only this much. Also it has been conveyed that no appeal can be made to Taiwan Supreme Court against the High Court as no charges have yet been filed, since no evidence of collision or negligence has come to light so far. When the Govt of Taiwan (part owner) owned Kasuga I was detained on 24 May 1996 and its Taiwanese crew arrested for murder of 3 Romanian stowaways, a Taiwan diplomat was quick to cite the UNCLOS 1982 Article 97 on high seas jurisdiction, but Taiwan has conveniently given this UN Law a go by when it is the jurisdiction of either Panama or India in this case. The Tosa was about 9 to 10 nautical miles away to the West from the alleged spot of sinking when Hsing Tong-chuan 86 capsized for reasons not established, at the time (0030 hrs 17 April 2009) when it is alleged to have capsized. The spot where the Hsing Tong-chuan 86 capsized on 17 April 2009 is exactly north (about 9.237 nautical miles) of the spot where the Lienhe sank after it was rammed by the Koshiki on 10 June 2008. Since the Taiwanese are not going to win this case, they are delaying beyond the 2 month limit of the lower court by going to High Court for another 2 months, hoping the pressure will come on NYK and NYK would have to pay the full amount it initially agreed to pay [SUBJECT TO BLAME ESTABLISHED] USD 5 Million. The point is why does an
  2. 2. Indian Citizen have to be detained for 4 months just so NYK is saved USD 5 Million or Taiwan citizens are paid USD % Million, in blatant violation of Article 97 of UNCLOS 1982? And not to forget the young Bangladesh 2nd Officer rotting away in jail with his old parents in Bangladesh watching helplessly as Bangladesh has no relations with Taiwan, their trade mission having packed up in May 2009 from Dacca. At least we have the Taiwan trade mission sitting at Jor Bagh and an enormous volume of trade with Taiwan to boot. Regards. Sarvadaman Oberoi ---------- Forwarded message ---------- From: Sarvadaman Oberoi <manioberoi@gmail.com> Date: Fri, Jul 3, 2009 at 2:00 PM Subject: MOST IMMEDIATE TODAY CAPT. GLEN PATRICK AROZA, MASTER M.T.TOSA, NYK SHIPS -DETENTION IN HUALIEN, TAIWAN SINCE 18 APRIL 2009 To: psmospk@mea.gov.in, "Shri G.K. Vasan Minister of Shipping" <gkvasan@sansad.nic.in> Cc: preetha aroza <preetha.aroza@gmail.com>, glen aroza <glen.aroza@gmail.com> Copy fwd as discussed on telephone with your staff. Regards. Sarvadaman Oberoi MESSAGE NUMBER 2: CAPT. GLEN PATRICK AROZA, MASTER M.T.TOSA, NYK SHIPS -DETENTION IN HUALIEN, TAIWAN SINCE 18 APRIL 2009 ------- Forwarded message ---------- From: Sarvadaman Oberoi <manioberoi@gmail.com> Date: Sat, Jul 4, 2009 at 6:24 PM Subject: Fwd: CAPT. GLEN PATRICK AROZA, MASTER M.T.TOSA, NYK SHIPS - DETENTION IN HUALIEN, TAIWAN SINCE 18 APRIL 2009 To: Arun Kapur <arunkapur@gmail.com> Cc: preetha aroza <preetha.aroza@gmail.com>, glen aroza <glen.aroza@gmail.com>, Capt A K Bansal <cmd@iwl.in>, enrkm@bsnl.in, Vindod Gupta <vinoddar@gmail.com>, Mohan V Naik <capmnaik@vsnl.com>, raghuramrao2001@yahoo.co.in, menezesjp@yahoo.com Hi Arun, I am adding one more document to this email sent earlier today [including a copy to MOS in MEA and DG Shipping (PA)], as you would not be familiar with the Law of the Sea, most of which is formalised in UNCLOS 1982 (United Nations Convention on the Law of the Seas).
  3. 3. Regards. Sarvadaman Oberoi ---------- Forwarded message ---------- From: Sarvadaman Oberoi <manioberoi@gmail.com> Date: Sat, Jul 4, 2009 at 5:18 PM Subject: Re: CAPT. GLEN PATRICK AROZA, MASTER M.T.TOSA, NYK SHIPS -DETENTION IN HUALIEN, TAIWAN SINCE 18 APRIL 2009 To: psmospk@mea.gov.in, preetha aroza <preetha.aroza@gmail.com>, glen aroza <glen.aroza@gmail.com>, babuj4@rediffmail.com Cc: Capt A K Bansal <cmd@iwl.in>, enrkm@bsnl.in, Vindod Gupta <vinoddar@gmail.com>, Mohan V Naik <capmnaik@vsnl.com>, raghuramrao2001@yahoo.co.in, menezesjp@yahoo.com 1. Map to scale shows Uotsuri Shima, Japan is 100 nautical miles from Taiwan Coast. The attached Google Map and word files on Uotsuri Shima (Japan) show that: a. The Lienhe was approx 19.47 nautical miles from nearest land, Uotsuri Shima,(Japan) (25 deg 44 min N 123 deg 27 min E) at the point (25 deg 39 min N 123 deg 8 min E) where it sank on 10 June 2008. Japanese Coast Guard's Koshiki was allegedly in hot pursuit; the videos apparently show the Koshiki a 1000 ton cutter ramming the 100 ton Lienhe - outside the 12 nautical mile limit. b. The Hsing Tong-chuan 86 was approx 19.50 nautical miles from nearest land, Uotsuri Shima,(Japan) at the point (25 deg 39 min N 123 deg 8 min E) where it sank on 17 April 2009. It was outside the 12 nautical mile limit of Japanese coastline. As regards 200 nautical miles claims of Taiwan, Uotsuri Shima (Japan) lies along the Okinawa Trough extending from Japan, about 100 nautical miles from Taiwan coastline (See Map of Okinawa Trough). The character of this route as "High Seas" stands protected under Articles 86, 87 & 97 read with Article 36. 2. MT Tosa particulars: a. Flag; Panama b. Owner; Hernandia shipholding s.a, Panama c. Management; NYK Singapore. d. Charterer; NYK Line, Tokyo, Japan. e. Master; India f. Other crew detained; Bangladesh, Phillipines. 3. There being no doubt that Taiwan has no jurisdiction as Article 36 provides all the protection of Article 97 as regards jurisdiction of flag state and crew nationality. Sarvadaman Oberoi.
  4. 4. On Sat, Jul 4, 2009 at 10:50 AM, preetha aroza <preetha.aroza@gmail.com> wrote: ---------- Forwarded message ---------- From: Capt A K Bansal <cmd@iwl.in> Date: Fri, Jul 3, 2009 at 10:03 AM Subject: Re: CAPT. GLEN PATRICK AROZA, MASTER M.T.TOSA, NYK SHIPS -DETENTION IN HUALIEN, TAIWAN SINCE 18 APRIL 2009 To: enrkm@bsnl.in Cc: preetha aroza <preetha.aroza@gmail.com>, Vindod Gupta <vinoddar@gmail.com>, Mohan V Naik <capmnaik@vsnl.com> Dear Capt. Menezes, After our telecon yesterday, I need answers to the following:- 1. Was the Arosa within the Formosa strait or was the Master navigating EAST of Taiwan? 2. What Flag? 3. Is she owned by NYK or only managed? 7 attachments Senkaku Islands.doc 73K Lienhe Koshiki Taiwan 10 June 2008.doc 61K MOFA Taiwan Tosa Report 18 April 2009.doc 63K UNCLOS 1982.doc 798K Google Map 17 April 2009.bmp 1006K Map to scale 17 April 2009.bmp 672K Okinawa Trough and Eastern China Sea.bmp 1001K Senkaku Islands.doc 73K Senkaku Islands (Diaoyu tai) (Uotsuri shima) The Senkaku Islands (尖閣諸島, Senkaku Shotō?), also known as Diaoyutai Islands (traditional Chinese: 釣魚台群島; simplified Chinese: 钓鱼台群岛; pinyin: Diàoyútái Qúndǎo, literally "angling platform islands"), or the Pinnacle Islands, are a group of disputed, uninhabited islands currently controlled by Japan, but also claimed by both the
  5. 5. Republic of China and the People's Republic of China as part of Taiwan Province, Toucheng Township in Yilan County. The islands are located roughly northeast of Taiwan, due west of Okinawa, and due north of the end of the Ryukyu Islands in the East China Sea. Their status has emerged as a major issue in foreign relations between the People's Republic of China and Japan and between Japan and the Republic of China. Japanese government regards these islands as a part of Okinawa prefecture. While the complexity of the PRC-ROC relation has affected efforts to demonstrate Chinese sovereignty over the islands, both governments agree that the islands are part of Taiwan, which is administered by the ROC. Naming Diaoyutai Islands The first recorded naming of the islands dated back to the Ming Dynasty of China (14th-17th century) in books such as Voyage with the Tail Wind (順風相送), Journey to Lew Chew (使琉球錄). The Chinese Imperial Map of the Ming Dynasty also used Diaoyudao Islands. The Chinese name for the island group (Diaoyu) and the Japanese name for the main island (Uotsuri) both literally mean "Angling". Pinnacle Islands In the 19th century, the Pinnacle Islands or Pinnacle Group was an English-language name used for the rocks adjacent to, but not including, the largest island Uotsuri Jima/Diaoyu Dao (then called Hoa-pin-su). Neither Kuba Jima/Huangwei Yu (then called Ti-a-usu) nor Taishō Jima/Chiwei Yu (then called "Raleigh Rock") were part of the Pinnacle Islands either.[1][2][3] However, in recent years the name "Pinnacle Islands" has come to be used to refer to the entire island group, as an English-language equivalent to "Diaoyu" or "Senkaku".[4][5] Senkaku Islands In the late 19th century, Sentō Shosho (尖頭諸嶼?) and Senkaku Shosho (尖閣諸嶼?) were translations used for these "Pinnacle Islands" by various Japanese sources. Subsequently, the entire island group (including Uotsuri Jima/Diaoyu Dao and all the others) came to be called Senkaku Rettō, which later evolved into Senkaku Shotō.[6] Geography Total islands area: 7 square kilometers (2.7 square miles) Population: 0 Geographic coordinates: 25°58' - 25°41'45" N, 123°27'45" - 124°41'30" E around 25°47′53″N 124°03′21″E / 25.79806°N 124.05583°E / 25.79806; 124.05583
  6. 6. The islands group The islands sit on the edge of the continental shelf of mainland Asia, and are separated from the Ryukyu Islands by the Okinawa Trough. Japan argues that these islets are part of the Ryukyu Islands. They are 170 kilometers (106 mi) north of Ishigaki Island, Japan; 186 km (116 mi) northeast of Keelung, Taiwan; and 410 km (255 mi) west of Okinawa Island. The group is made up of five small non-volcanic islands: Uotsuri Jima/Diaoyu Dao Uotsuri Jima (魚釣島[7]) or Diaoyudao (釣魚島[8]) is the largest island of the Senkaku Islands. The Island located at 25°44′39″N 123°28′26″E / 25.74417°N 123.47389°E / 25.74417; 123.47389 has an area of 4.3 square kilometres (1.7 sq mi) and a highest elevation of 383 metres (1,260 ft).[9] Uotsuri jima/Diaoyudao has a number of endemic species such as the Senkaku mole ( Nesoscaptor uchidai) and Okinawa-kuro-oo-ari ant, but these have become threatened by domestic goats that were introduced to the island in 1978 and whose population has increased to over 300 since that time.[10] Kuba Jima/Huangwei Yu Kuba Jima (久場島[7]) or Huangwei Yu (黃尾嶼[8]) is located at 25°55′23″N 123°40′59″E / 25.92306°N 123.68306°E / 25.92306; 123.68306 has an area of 1.08 square kilometers (0.4 sq mi) and a highest elevation of 117 meters (384 ft).[11] Taishō Jima/Chiwei Yu Taishō Jima (大正島[7]) or Chiwei Yu (赤尾嶼[8]) is located at 25°55′18″N 124°33′34″E / 25.92167°N 124.55944°E / 25.92167; 124.55944 has an area of 0.609 square kilometers (0.2 sq mi) and a highest elevation of 75 meters (246 ft).[12] Both the People's Republic of China and Republic of China claim it as their island (easternmost? [citation needed]). The US Navy used Kuba Jima/Huangwei Yu and Taisho Jima/Chiwei Yu as maneuver areas after World War II. Kita Kojima/Bei Xiaodao Kita Kojima (北小島) or Bei Xiaodao is located at 25°43′48″N 123°32′33″E / 25.73°N 123.5425°E / 25.73; 123.5425 and has an area of 0.31 square kilometres (77 acres) and a highest elevation of 125 metres (410 ft).[13] Nan Xiaodao/Minami Kojima Minami Kojima (南小島) or Nan Xiaodao is located at 25°43′21″N 123°33′07″E / 25.7225°N 123.55194°E / 25.7225; 123.55194 and has an area of 0.40 square kilometres (99 acres) and a highest elevation of 139 metres (460 ft).
  7. 7. Minami Kojima is one of the few breeding places of the rare Short-tailed Albatross. Other islands There are also three larger rocks: Chinese: Da Bei Xiaodao (大北小島), Japanese: Okino Kitaiwa (沖ノ北岩, Northern Rocks of the Offshore?), Coordinates: 25°46′47″N 123°32′32″E / 25.77972°N 123.54222°E / 25.77972; 123.54222;[14] Chinese: Da Nan Xiaodao (大南小島), Japanese: Okino Minami-iwa (沖ノ南岩, Southern Rocks of the Offshore?), Coordinates: 25°45′19″N 123°34′1″E / 25.75528°N 123.56694°E / 25.75528; 123.56694;[15] Chinese: Yan Jiao Yan, Fei Jiao Yan or Yan Jiao Lai (岩礁岩, 飞礁岩 or 岩礁濑), Japanese: Tobise (飛瀬, Stepping-Stones?) or Tobishou (飛礁, (past name)?), highest elevation 2m (6½ ft), Coordinates: 25°44′8″N 123°30′22″E / 25.73556°N 123.50611°E / 25.73556; 123.50611.[16] Territorial dispute The islands were claimed by Japan in January 1895 and were registered in the land registry of Yaeyama-gun (administrative center: Ishigaki Island) in 1896. They are currently administered by Japan as a part of Ishigaki City, Okinawa prefecture. According to both the People's Republic of China (PRC) and the Republic of China on Taiwan (ROC), China's sovereignty is dated as early as the 15th century. After the start of the dispute, Republic of China registered the islands are part of Taiwan Province (Daxi Village (大溪里), Toucheng Township, Yilan County. Beginning of the dispute The dispute appears to date from the 1968 announcement by two Japanese scientists that there may be large reservoirs of oil under the continental shelf below the islands.[17] The UN Convention on the Law of the Sea gives a 200 nautical mile "exclusive economic zone" and sovereignty over the seabed resources therein, meaning that whoever owned the Senkakus would gain economic control over important seabed resources. From the end of World War II until 1972, the United States occupied Okinawa, and controlled the islands, whose ownership was undisputed until 1970, when both the PRC and the ROC began to claim that the disputed islands were given to Japan in the Treaty of Shimonoseki in 1895 and should therefore be returned to Taiwan (after the end of World War II in 1945, all "unequal treaties" forced on China were declared void, including the Treaty of Shimonoseki, concluded on 1895). In 1971, the US expressed its intention to hand over the occupied territories, including the disputed islands, to Japan.[citation needed] Both the PRC and ROC governments protested and reiterated their claim to sovereignty over the islands. The ROC made the official announcement on 11 June 1971, followed by the PRC on 30 December. However, the United States handed over the disputed islands to Japan in 1972,[citation needed] even though they have not taken a
  8. 8. definitive position on the sovereignty of the territory, considering the islands an "administrative territory" of Japan.[citation needed] Chinese claims The Chinese claim to Senkaku Islands, in brief, proceeds as follows: the islands were known to the Chinese at least (and possibly as early as 770 BC ~ 221 BC, from a passage in the Shan Hai Jing, chapter "Haineibei jing"[18]) since the Ming Dynasty, and were controlled by the Qing Dynasty along with Taiwan; they were ceded to Japan under an Unequal Treaty in 1895 along with Taiwan; Between 1895 and 1945, Japan administered the islands as part of Taiwan; Unequal Treaties are null and void; and in any case sovereignty to the disputed islands was returned to China along with Taiwan in 1945. After WWII, due to the internal wars between PRC and ROC in China, both parties did not place their focus on the islands to avoid further disputes. From 1945 to 1971, the Chinese remained undefined positions to claim back the sovereignty and administration on the islands. Not until 1971 when the US expressed its intention to hand over the disputed islands to Japan, both the PRC and ROC governments protested and reiterated their sovereignty over the islands. The Chinese claim came late and Japan used this chance to exercise administration on the islands. Ming Dynasty claim China claims that the islands were within the Ming Dynasty's sea-defense area and are a part of Taiwan.[19] According to the Chinese, China's sovereignty over the islands is dated to early 15th century, during the reign of the Ming Dynasty. The name Diaoyutai first appeared in 1403 in the Chinese book Voyage with the Tail Wind (順風相送), which recorded the names of the islands that voyagers had passed on a trip from Fujian to the Ryukyu Kingdom. By 1534, all the major islets of the island group had been identified and named in the book Record of the Imperial Envoy to Ryukyu(使琉球錄). [19] Qing Dynasty claim From 1624 until 1662, Taiwan and some of its surrounding islands, though not the Senkakus, were controlled by the Dutch as a base for commerce. In 1662, the Dutch were driven out by ex-Ming Dynasty general Zheng Chenggong (more popularly known as Koxinga). Zheng Chenggong and his successors established the Kingdom of Tungning and controlled the area until 1683. That year, Zheng's grandson Zheng Keshuang was defeated by Qing Dynasty forces led by Admiral Shi Lang. From then on, Qing Dynasty China gained effective control over Taiwan and its surrounding islands, including the islands in dispute today.[20] Unequal Treaties After losing the First Sino-Japanese War, Qing China signed the Treaty of Shimonoseki on 17 April 1895. This Unequal Treaty ceded Taiwan and its surrounding islands to Japan. The Chinese governments see the disputed islands as having been included in the islands ceded to Japan by the treaty, because of the historical evidence discussed above, even though the Treaty did not explicitly enumerate all the islands ceded under it.
  9. 9. On this basis, they argue for Chinese sovereignty over the islands for two reasons. First, that all the Unequal Treaties are null and void and thus the islands are still part of Taiwan Province of China.[21] Secondly, that since the disputed islands were ceded along with Taiwan in 1895, therefore when Japan returned to China all territories it had obtained from China since the First Sino-Japanese War at the end of World War II, the disputed islands were returned along with Taiwan to China. Tokyo court ruling China also asserted that in 1944, the Tokyo court ruled that the islands were part of Taihoku Prefecture (Taipei Prefecture), following a dispute between Okinawa Prefecture and Taihoku Prefecture. However, the assertion was solely based on a "claim" by the president of the fishermen's association of Keelung city in 4 August 1971. The primary source of this paragraph can be found in the journal "Modern China Studies", Issue 1, 1997 (in Simplified Chinese).[22] Japanese claims The Japanese claim to the islands briefly proceeds as follows: the islands were not inhabited up to 1895; several months before the cession of Taiwan by the Qing Dynasty to Japan, Japan had already claimed and incorporated the islands into Japanese territory; as a result, the islands remained Japanese territory and would not be affected by the retro- cession of Taiwan in 1945; though the islands were controlled by the United States as occupying power between 1945 and 1972, Japan has since 1972 exercised administration over the islands. According to Japanese government, PRC and ROC have come to claim the sovereignty since a submarine oil field was discovered near these islands. Formal incorporation Japan claims that after the Meiji Restoration, the Japanese government conducted surveys of the islands beginning in 1885 confirming no evidence that the uninhabited islands had been under Chinese control, though this conflicts with the earlier Chinese claim of the islands during the Qing Dynasty. At the time of this survey, Japan did not formally declare a claim to the islands. Instead, it waited until 14 January 1895, during the middle of the First Sino-Japanese War, to do this. Just three months before its military victory in the war and the signing of the Treaty of Shimonoseki, Japan erected a marker on the islands to formally incorporate them as its territory. This decision was not made public until 1950, however.[23] Four of the islands were subsequently borrowed and developed by the Koga family with the permission of the Japanese government. History of Ming Japanese scholars claim that neither China nor Ryukyu had recognized sovereignty over the uninhabited islands. Therefore, they claim that Chinese documents only prove that Kumejima, the first inhabited island reached by the Chinese, belonged to Okinawa. Kentaro Serita (芹田健太郎) of Kobe University points out that the official history book of the Ming Dynasty compiled during the Qing Dynasty, called the History of Ming (明 史), describes Taiwan in the "Stories of Foreign Countries" (外国列传). Thus, China did not control the Senkaku Islands or Taiwan during the Ming Dynasty.[24] The contrary
  10. 10. viewpoint is that this evidence goes only to verify the fact that the early Qing Dynasty (which compiled the book) saw Taiwan and its surrounding islands as outside its territory. For 39 years between the end of the Ming Dynasty and the conquest of Taiwan by the Qing Dynasty, Taiwan was indeed ruled by a separate regime, the Kingdom of Tungning which swore loyalty to the Ming. Such evidence is thus not relevant to the Qing Dynasty's attitude towards the islands after its conquest of Taiwan. A Letter from a Chinese Diplomat In a letter purportedly sent to Japanese fishermen, who rescued a number of shipwrecked Chinese in 1920, by a Chinese Consul in Nagasaki, representing the Beiyang Government, a warlord regime, reference was made to "Senkaku Islands, Yaeyama District, Okinawa Prefecture, the Empire of Japan".[25] United States occupation Japan claims that after World War II, the islands came under the United States occupation of Okinawa. During this period, the United States and the Ryūkyū Government administered the islands and the US Navy even used Kuba-jima and Taisho- jima as maneuver areas. In 1972, sovereignty over Okinawa, and arguably the surrounding islands, was handed back to Japan as part of the termination of United States Military Government jurisdiction over the Article 3 territories of the Treaty of San Francisco. Recent developments 1971: The Republic of China (ROC) and the People's Republic of China (PRC) claim sovereignty 1978: The Japan Youth Association set up a lighthouse on the main island. 14 July 1996: The Japan Youth Association builds a 5 m high, solar-powered, aluminum lighthouse on another island. 14 September 1996: a US State Department spokesman referred to the US's neutral position on the Senkaku Islands issue. 26 September 1996: David Chan (陳毓祥), a Hong Kong protester, drowns near the islets, after leaping off one of the protest vessels with several companions with the object of symbolizing Chinese claim of sovereignty. 7 October 1996: Protesters plant the flags of the ROC and the PRC on the main island, but are later removed by the Japanese. 9 April 1999: US Ambassador to Japan Thomas S. Foley said "we are not, as far as I understand, taking a specific position in the dispute.... we do not assume that there will be any reason to engage the security treaty in any immediate sense." April 2002: The Japanese government leased Uotsuri and other islands from their private owners. 24 March 2004: A group of Chinese activists from the PRC planned to stay on the Islands for three days. The seven people who landed on the islands were arrested by the Japanese for illegal entry. The Japanese Foreign Ministry forwarded a complaint to the PRC government, but the PRC in turn demanded the release of the activists. They were then sent to Japan and deported from there. Japan subsequently stated that it would prohibit anybody from landing on the islands without prior permission.
  11. 11. 24 March 2004: Adam Ereli, Deputy Spokesman at the US State Department said "The U.S. does not take a position on the question of the ultimate sovereignty of the Senkaku Diaoyu Islands." February 2005: Japan planned to take ownership of a privately-owned lighthouse on Uotsuri, after it was offered to them by the owner, a fisherman living on Ishigaki, Okinawa. The lighthouse is expected to be managed by the Japanese Coast Guard. 23 April 2004 a member of a Japanese right-wing group rammed a bus into the Chinese consulate in Osaka, to protest China's claims. The bus, with the Japanese flag painted on its side, burned after it crashed into the Chinese consulate.[26] July 2004 Japan started exploring for natural gas in what it considers its own exclusive economic zone in the East China Sea as a step to counter China's building of a natural gas complex nearby. Japan plans to survey a 30-kilometer-wide band stretching between latitudes 28 and 30 degrees North, just inside the border demarcated by Japan. China disputes Japan's rights to explore the area east of the median line between the two countries, which Japan has proposed as the demarcation line for their exclusive economic zones.[26] July 2004 a group of Chinese held a police-approved demonstration outside the Japanese Embassy in Beijing afternoon to protest Japan's "illegal" oil exploration activities in a disputed area of the East China Sea. The protesters, organized by Beijing-based organization called the Patriots Alliance Network, shouted slogans for about an hour, during which two embassy staff members came out to take the group's written statement. [26] 10 February 2005: On Voice of America, U.S. Undersecretary of State John Bolton said that Japan's new assertiveness is in line with the desires of many Japanese politicians to take their country beyond its post-World War Two reliance on the United States. "It's a question of the evolution of Japanese thinking on its own. Japan has made it clear they want to resolve all of the territorial disputes by diplomatic means and that's certainly something that we agree with. Our kind of getting in the middle of it is probably not the most productive way to proceed." June 2005: The ROC dispatched a ROCN frigate into disputed waters (but did not go as far as the islands) after Taiwanese fishing vessels were harassed by Japanese patrol boats. The frigate, which was carrying Legislative Yuan President Wang Jin-pyng and ROC Defense Minister Lee Jye, was not challenged and returned to Taiwan without incident. Fisheries talks between Taipei and Tokyo were held in July, but did not cover sovereignty issues. 17 March 2006: Kyodo News reported the U.S. Ambassador to Japan, Thomas Schieffer, presented that he considered "the Islands as territory of Japan" in his talk in Tokyo.[27] 27 October 2006: A group of activists from Hong Kong, the Action Committee for Defending the Diaoyu Islands, including Tsang Kin Shing and several members of the April Fifth Action, approached the islands in order to show the support for Chinese claims to the Senkakus. They were stopped from landing on the islands by the Japan Coast Guard.[28] Later on, the PLAN conducted a military exercise in the area.[29] 10 June 2008: The 270 ton sport fishing vessel Lien Ho of Taiwan suffered a collision with a Japanese patrol vessel, Koshiki, and subsequently sank, while in the disputed territorial waters that have been claimed by Japan and Taiwan. The Taiwanese crew who were aboard the vessel claims that the larger Japanese frigate deliberately crashed into
  12. 12. them; their assertions are backed up by recently released video footage.[30] While releasing the passengers, Japan initially detained the captain and sought reparations.[31] [32] The captain has now been released and has returned to Taiwan. Liu Chao-shiuan, Premier of the Republic of China, has refused to rule out the use of force to defend Diaoyutai against Japanese advances.[33] The ROC government has recalled its chief representative to Japan in protest.[34] On 16 June, a boat carrying activists from Taiwan, defended by five Republic of China Coast Guard vessels, approached to within 0.4 nautical miles (740 m) of the main island, from which position they circumnavigated the island in an assertion of sovereignty of the islands. This demonstration has prompted Taiwanese politicians to cancel a planned trip on-board Republic of China Navy vessels to demonstrate sovereignty.[35] The Taiwanese vessels were followed by Japanese Coast Guard vessels, but no attempt was made to intercept them. On 20 June, the de-facto Japanese ambassador to Taiwan apologized, in person, to the captain of the Taiwanese boat Lien Ho.[36] Oil drilling dispute Japan has objected to Chinese development of natural gas resources in the East China Sea in an area where the two countries Exclusive Economic Zone (EEZ) claims overlap. Japan claims a division of the EEZ on the median line between the countries' coastlines. About 40, 000 square kilometers of EEZ are in dispute. China and Japan both claim 200 nautical miles EEZ rights, but the East China Sea width is only 360 nautical miles. China claims an EEZ extending to the eastern end of the Chinese continental shelf which goes deep into the Japanese EEZ beyond the median line.[26] The specific development in dispute is China's drilling in the Chunxiao field, which is three miles west of the median line, but which Japan contends may be tapping natural gas reserves which extend past the median line. The Chunxiao gas field in Xihu Sag in the East China Sea is estimated to hold reserves of more than 1.6 tcf of natural gas and is expected to become a major producer in the next ten years. Commercial operation was expected to begin in mid-2005 at a production rate of 70 bcf per year, rising to 282 bcf by 2010. Sinopec Star has reserves of 7 tcf of gas, 1.9 tcf of which is held in the Chunxiao area.[26] Footnotes ^ Findlay, A.G. (1889). A Directory for the Navigation of the Indian Archipelago and the Coast of China. London: Richard Holes Laurie. pp. 1135. ^ Navigating Lieutenant Frederick W. Jarrad, R.N. (1873). The China Sea Directory, Vol IV.. J.D.Potter for the Hydrographic Office, Admiralty, London. pp. 141–142. http://books.google.com/books?id=LvoGAAAAQAAJ&pg=PA141&dq=Hoa-pin-su. Retrieved on 2007-06-04. ^ Unryu Suganuma (2000). Sovereign Rights and Territorial Space in Sino-Japanese Relations. University of Hawaii Press. pp. 95. ISBN 0824824938. http://books.google.com/books?id=vDpEiKR2osoC&pg=PA95&dq=Pinnacle+Islands. Retrieved on 2007-07-23. ^ Hagström, L. (2005). Japan's China Policy: A Relational Power Analysis. Oxford: Routledge.
  13. 13. ^ Seokwoo Lee (2002). "Territorial Disputes among Japan, China and Taiwan concerning the Senkaku Islands". Boundary and Territory Briefing, Vol 3 No. 7.. International Boundaries Research Unit. pp. 1. ^ Unryu Suganuma (2000). Sovereign Rights and Territorial Space in Sino-Japanese Relations. University of Hawaii Press. pp. 89–92. ISBN 0824824938. ^ a b c 鞠, 德源. "第十一章 日本国窃踞中国海洋国土篇 - (16) 日本国窃土前后 (窃土→放弃窃土→窃土再占)岛屿名称变异综览表" (in Chinese). Archived from the original on 2008-12-12. ff&ie=UTF-8&q=cache%3Ahttp%3A%2F%2Fwww.cfdd.org.cn%2Fhtml%2Fdyd %2F11-12.html. Retrieved on 2009-01-02. ^ a b c "钓鱼诸屿名称变异表" (in Simplified Chinese) (Doc). Archived from the original on Unknown date. q=cache:f1N9DkJ9PBYJ:bbs.1931-9-18.org/attachment.php%3Faid%3D96164+ %E9%92%93%E9%B1%BC%E8%AF%B8%E5%B1%BF%E5%90%8D %E7%A7%B0%E5%8F%98%E5%BC%82%E8%A1%A8&hl=zh- CN&ct=clnk&cd=2&gl=cn&st_usg=ALhdy29SvFNh1FXqN_HvzGCk-YlNyiCJJg. Retrieved on 2009-01-02. ^ Japanese Map 1 ^ Yokohata, Y. (1999). "Urgent appeal for the conservation of the natural environment in Uotsuri-jima Island in Senkaku Islands, Japan". Recent advances in the biology of Japanese Insectivora. Proceedings of the Symposium on the biology of insectivores in Japan and on the wildlife conservation: 79-87, Laboratory of Environmental Biology, Faculty of Education, Toyama University. Retrieved on 2006-12-09. ^ Japanese Map 2 ^ Japanese Map 3 ^ Japanese Map 4 ^ Japanese Map 6 ^ Japanese Map 7 ^ Japanese Map 8 ^ John Tkacik ON TAIWAN: Clear signal needed on disputed isles, Taipei Times, 27 June 2008 ^ 鞠, 德源. "第三章钓鱼台列屿中国固有主权领土命名传承证据篇 - 丁:钓鱼台列屿 中国固有主权领土历代名称沿革表 - 1" (in Chinese). 中国民间保钓联合会. Archived from the original on 2008-11-29. ff&ie=UTF-8&q=cache%3Ahttp%3A%2F%2Fwww.cfdd.org.cn%2Fhtml%2Fdyd %2F3-6.html. Retrieved on 2009-01-02. ^ a b "China's Diaoyu Islands Sovereignty is Undeniable", People's Daily, 25-05-2003. Retrieved 24-02-2007. ^ 中國領土釣魚台, DiaoyuIslands.org. Retrieved on 2007-02-26. ^ Tzou, Byron N. (1990). China and International Law: The Boundary Disputes. Praeger/ Greenwood. pp. 78. ISBN 0275934624. ^ http://www.chinayj.net/StubArticle.asp?issue=970111&total=56 ^ http://english.people.com.cn/200305/25/eng20030525_117192.shtml ^ http://akebonokikaku.hp.infoseek.co.jp/page092.html
  14. 14. ^ http://www.geocities.jp/tanaka_kunitaka/senkaku/testimonial1920.jpg ^ a b c d e GlobalSecurity.org:Senkaku ^ (ja) Kyodo News, 17 March 2006[1] ^ International Herald Tribune/Associated Press, 26 October 2006 "Activist ship from Hong Kong briefly enters Japan's waters in protest over islands" ^ (ja) Nihon Keizai Shimbun, 5 November 2006, "中国、東シナ海で軍事演習中に爆 発事故" ^ Officials drop plan to visit Diaoyutais, Taipei Times 18 June 2008]; for the video footage released by the boat crew, see, for example, here ^ "Taiwan fishing boat sunk by Japanese frigate" ^ "Taiwan protests as Japan holds fishing boat captain" ^ 聯合號船長晚間回國 劉揆要撤銷日本事務會 (Captain of the Lianhe returned to Taiwan tonight; Premier Liu wants to abolish Japan Affairs Association), China Times, Taipei 2008-06-13 ^ Taiwan recalls top Japan rep as tensions rise over ship collision, Japan Today 15 June 2008 ^ Officials drop plan to visit Diaoyutais, Taipei Times 18 June 2008 ^ Japan apologises over Taiwan boat incident References Suganuma, Unryu. Sovereign rights and territorial space in Sino-Japanese relations: Irredentism and the Diaoyu/Senkaku Islands. Honolulu: Association for Asian Studies and University of Hawai’i Press, 2000. John Donaldson and Alison Williams "Understanding Maritime Jurisdictional Disputes: The East China Sea and Beyond" Journal of International affairs. Fall/Winter 2005, vol. 59, no.1 External links Diaoyu Islands-China's Indisputable Territory.Foreign Affairs University Basic View on Senkaku (by the Japanese Ministry of Foreign Affairs) Article by Kiyoshi Inoue Professor of History department Kyoto University Senkaku @BBC Article by globalsecurity.org (with some maps) Law School Article by William Heflin "China's Diaoyu Islands Sovereignty is Undeniable" at People's Daily Online Diaoyutai History (in Chinese) Satellite image of Senkaku Islands (The above is from WIKIPEDIA) Lienhe Koshiki Taiwan 10 June 2008.doc 61K
  15. 15. Japan apologizes, offers compensation to Taiwan over boat sinking+ Jun 20 06:11 AM US/Eastern TAIPEI, June 20 (AP) - (Kyodo)—Japan officially apologized to Taiwan on Friday and reiterated its willingness to offer compensation for a ship collision earlier this month that sparked a diplomatic row. Japan's top representative to Taiwan Tadashi Ikeda relayed a letter to Foreign Minister Francisco Ou from the Japan Coast Guard in a meeting at the ministry. In the letter, the Japan Coast Guard offered its "sincere apologies" and willingness to discuss compensation. "Minister Ou welcomes and affirms Japan's goodwill," a ministry press release said. Japan's conciliatory gestures capped a nearly two-week diplomatic row over a collision between a Japanese patrol vessel and a Taiwanese fishing boat in disputed waters off the Senkaku Islands. Tensions between Taiwan and Japan spiked after the Japan Coast Guard vessel "Koshiki" on June 10 allegedly chased and rammed the Taiwanese sport fishing boat "Lienhe," causing the Lienhe to sink in waters near the Japanese-administered islands. Taiwan, which calls the islets "Tiaoyutai," also claims the islands, whose surrounding waters are rich in fishery resources and, potentially, natural gas deposits. After the Koshiki rescued all 16 people aboard the Lienhe, Japan detained the Lienhe's captain for three days for questioning on the grounds that his boat had entered Japanese maritime territory illegally. Taiwan protested the detainment and later recalled its top representative in Japan and dissolved a special Foreign Ministry committee that handles ties with Tokyo. Taiwan's Coast Guard also conducted a foray into waters near the Senkakus on Monday to accompany a Taiwanese protest boat there. Taiwan rejected Japan's expression of regret over the collision, but it seemed satisfied with its more explicit apology Friday. Japan's de facto embassy in the absence of formal ties, the Interchange Association, also sent senior officials to the Taiwanese captain's home -- their second visit to his residence in a week. Hitoshi Funamachi, the association's second-highest-ranking official, delivered the Japan Coast Guard letter to the captain, Ho Hung-yi, and expressed "sincere apologies," while reiterating Tokyo's willingness to reimburse him for his lost boat.
  16. 16. "Our ministry will help to negotiate a settlement per the needs of Mr. Ho, and continue to conduct fishing talks with Japan," the release said, without elaborating. Taiwan and Japan have held more than a dozen rounds of negotiations on fishing rights near the Senkakus, but they have not reached an agreement. MOFA Taiwan Tosa Report 18 April 2009.doc 63K MOFA confirms sinking of Taiwanese fishing vessel MIDNIGHT COLLISION: The ‘ s thought to have been hit by a 160,000 tonne freighter before sinking shortly before 1am yesterday morning By Jenny W. Hsu and Jimmy Chuang STAFF REPORTERS Saturday, Apr 18, 2009, Page 1 The Ministry of Foreign Affairs (MOFA) yesterday confirmed that a Taiwanese fishing vessel carrying 13 crew members had sunk near the Diaoyutai island chain in the early hours of the morning after it was allegedly hit by a foreign registered cargo liner. At press time, Japanese and Taiwanese coast guards were still combing the sea looking for two Taiwanese nationals — captain Ho Hsi-chuan (何西川) and chief engineer Hsu Chung-wen (許聰文) — who were reported missing after the boat sank approximately 41km from the Diaoyutai islands. Association for East Asian Relations Secretary-General Peter Tsai (蔡明耀) said the Japanese Coast Guard had dispatched five search and rescue boats, two helicopters and one deep-sea diver to help search for the missing crew of the Hsing Tong-chuan 86 (新同 泉 86 號), which is registered at Suao (蘇澳), Ilan County. The Taiwanese Navy has also dispatched three vessels to look for the missing men. Tsai said the Japanese search and rescue boats arrived on the scene at about 2:15am, while Taiwanese rescue boats arrived at 2:47am. MIXED NATIONS The 13-member crew was composed of three Taiwanese, six Indonesians, two Filipinos and two Chinese. Eleven were rescued by nearby fishing boats, he said.
  17. 17. Tsai said there were no confirmed details about the accident except that it was suspected that a Panamanian-registered cargo ship had hit the fishing boat before it sank at about 12:43am yesterday morning. The Japanese then dispatched speedboats to search for the cargo ship to ascertain details of the incident. MOFA Spokesman Henry Chen (陳銘政) expressed gratitude to Japan for its assistance and said the government would do its best to unite the missing men with their families. Meanwhile, the Coast Guard Administration said yesterday that the Tosa, a 160,000 tonne Panamanian freighter, was suspected to be the ship that hit the fishing boat. “This ship could be the one. But we need to investigate further,” said Hansen Hsu (徐漢 慶), spokesman for the Coast Guard’s Maritime Patrol Directorate General. Hsu said Coast Guard vessels had stopped all three foreign ships that could have been involved in the incident for further investigation. They decided to let go the Fratzis Star of the Marshall Islands and the Hong Kong-based CHS World because radar data had shown the two ships were about 16km away from the collision site. The Tosa however, was stopped by Coast Guard ships about 74km from Hualien at 11:30am yesterday. Investigations were ongoing as of press time. “We are still trying to figure it out at the moment,” Hsu said. RESCUE Hsu said that the Coast Guard received news of the incident at 12:38am yesterday and immediately deployed five vessels with 81 crewmembers to the site for rescue work and to intercept the foreign boats. Coast Guard records show that the 99.81 tonne fishing boat left Suao with a crew of 13 at 6:31am on Wednesday. Ho and Hsu were still missing as of press time yesterday. UNCLOS 1982.doc 798K
  18. 18. (Only relevant extracts repeated here) Article36 High seas routes or routes through exclusive economic zones through straits used for international navigation This Part does not apply to a strait used for international navigation if there exists through the strait a route through the high seas or through an exclusive economic zone of similar convenience with respect to navigational and hydrographical characteristics; in such routes, the other relevant Parts of this Convention, including the provisions regarding the freedoms of navigation and overflight, apply. Article 92. Status of ships 1. Ships shall sail under the flag of one State only and, save in exceptional cases expressly provided for in international treaties or in this Convention, shall be subject to its exclusive jurisdiction on the high seas. A ship may not change its flag during a voyage or while in a port of call, save in the case of a real transfer of ownership or change of registry. 2. A ship which sails under the flags of two or more States, using them according to convenience, may not claim any of the nationalities in question with respect to any other State, and may be assimilated to a ship without nationality. Article 94. Duties of the flag State 1. Every State shall effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag. 2. In particular every State shall: (a) maintain a register of ships containing the names and particulars of ships flying its flag, except those which are excluded from generally accepted international regulations on account of their small size; and (b) assume jurisdiction under its internal law over each ship flying its flag and its master, officers and crew in respect of adminis trative, technical and social matters concerning the ship. 3. Every State shall take such measures for ships flying its flag as are necessary to ensure safety at sea with regard, inter alia, to: (a) the construction, equipment and seaworthiness of ships; (b) the manning of ships, labour conditions and the training of crews, taking into account the applicable international instruments; (c) the use of signals, the maintenance of communications and the prevention of collisions. 4. Such measures shall include those necessary to ensure: (a) that each ship, before registration and thereafter at appropriate intervals, is surveyed by a qualified surveyor of ships, and has on board such charts, nautical publications and navigational equipment and instruments as are appropriate for the safe navigation of the ship (b) that each ship is in the charge of a master and officers who possess appropriate qualifications, in particular in seamanship, navigation, communications and marine engineering, and that the crew is appropriate in qualification and numbers for the type, size, machinery and equipment of the ship; (c) that the master, officers and, to the extent appropriate, the crew are fully conversant with and required to observe the applicable international regulations concerning the safety of life at sea, the prevention of collisions, the prevention, reduction and control of marine pollution, and the maintenance of communications by radio. 5. In taking the measures called for in paragraphs 3 and 4 each State is required to conform to generally accepted international regulations, procedures and practices and to take any steps which may be necessary to secure their observance.
  19. 19. 6. A State which has clear grounds to believe that proper jurisdiction and control with respect to a ship have not been exercised may report the facts to the flag State. Upon receiving such a report, the flag State shall investigate the matter and, if appropriate, take any action necessary to remedy the situation. 7. Each State shall cause an inquiry to be held by or before a suitably qualified person or persons into every marine casualty or incident of navigation on the high seas involving a ship flying its flag and causing loss of life or serious injury to nationals of another State or serious damage to ships or installations of another State or to the marine environment. The flag State and the other State shall co-operate in the conduct of any inquiry held by that other State into any such marine casualty or incident of navigation. Article 97. Penal jurisdiction in matters of collision or any other incident of navigation 1. In the event of a collision or any other incident of navigation concerning a ship on the high seas, involving the penal or disciplinary responsibility of the master or of any other person in the service of the ship, no penal or disciplinary proceedings may be instituted against such person except before the judicial or administrative authorities either of the flag State or of the State of which such person is a national. 2. In disciplinary matters, the State which has issued a master's certificate or a certificate of competence or licence shall alone be competent after due legal process, to pronounce the withdrawal of such certificates, even if the holder is not a national of the State which issued them. 3. No arrest or detention of the ship, even as a measure of investiga tion, shall be ordered by any authorities other than those of the flag State. Article 98. Duty to render assistance 1. Every State shall require the master of a ship flying its flag, in so far as he can do so without serious danger to the ship, the crew or the passengers; (a) to render assistance to any person found at sea in danger of being lost; (b) to proceed with all possible speed to the rescue of persons in distress, if informed of their need of assistance, in so far as such action may reasonably be expected of him; (c) after a collision, to render assistance to the other ship, its crew and its passengers and, where possible, to inform the other ship of the name of his own ship, its port of registry and the nearest port at which it will call. 2. Every coastal State shall promote the establishment, operation and maintenance of an adequate and effective search and rescue service regarding safety on and over the sea and, where circumstances so require, by way of mutual regional arrangements co-operate with neighbouring States for this purpose.
  20. 20. Google Map 17 April 2009.bmp 1006K Map to scale 17 April 2009.bmp 672K
  21. 21. Okinawa Trough and Eastern China Sea.bmp 1001K