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Qiu Hongda

Qiu Hongda (March 23, 1936 – April 12, 2011), originally from Haicheng, Fujian and born in Shanghai, was a Taiwanese-American scholar and a leading authority on international law. He received his Doctor of Juridical Science (S.J.D.) from Harvard University. Qiu taught at National Taiwan University, National Chengchi University, and the University of Maryland, among other institutions, and was awarded the title of Professor Emeritus at the University of Maryland. He served as President of the Chinese Society of International Law and was elected President of the International Law Association from 1998 to 2000. He also held the positions of Minister without Portfolio in the Executive Yuan of the Republic of China and Ambassador-at-Large for the Ministry of Foreign Affairs.

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Qiu Hongda graduated from the Department of Law at National Taiwan University in 1958. In 1962, he earned a Master’s degree in Political Science from Long Island University and an LL.M. (Master of Laws) from Harvard University. In 1965, he obtained his Doctor of Juridical Science (S.J.D.) from Harvard Law School. He served as a research fellow at Harvard Law School. In 1967, he was appointed Associate Professor at National Taiwan University. In 1970, he became a full Professor at National Chengchi University, where he played a key role in establishing The Chengchi Law Review, the first academic legal journal in Taiwan.In 1974, he was appointed as a professor at the University of Maryland School of Law. He later served as the Director of the East Asian Legal Studies Program and was awarded the title of Professor Emeritus. He also served as the editor-in-chief of the Occasional Papers/Reprints Series in Contemporary Asian Studies published by the law school.

In 1971, he was selected as one of the “Ten Outstanding Young Persons” of the Republic of China and served in the same year as Honorary President of the reformist journal University. Even after moving to the United States, he remained actively engaged in political discourse concerning Taiwan’s national affairs. He was recognized by President Chiang Ching-kuo and Premier Sun Yun-suan for his insights and was invited multiple times to return to Taiwan to participate in National Development Conferences. He was one of the first scholars to publicly advocate for the lifting of martial law and played a role in the Reform to Protect Taiwan movement, contributing significantly to Taiwan’s democratization.

Qiu Hongda’s classmate at National Taiwan University, Chen Lung-chu also went on to become an internationally renowned scholar of international law. Both were students of Professor Peng Ming-min, a prominent figure in legal and political thought. Chen, a proponent of Taiwan independence, later taught at New York Law School, where he mentored a new generation of legal scholars. The writings of both Qiu and Chen have profoundly influenced the intellectual foundations of contemporary and future discourse on law and politics in Taiwan.

In his later years, Mr. Qiu experienced health problems and underwent heart stent surgery. His wife, Hsieh Yuan-yuan, previously worked for the U.S. Food and Drug Administration (FDA), where she held the highest-ranking position among Chinese employees at the time. She later retired in order to care for her husband. Several prominent Taiwanese officials—including former Vice President Annette Lu, former Secretary-General of the National Security Council Su Chi, former Government Information Office Minister David Lee, and former Deputy Minister of Foreign Affairs Shen Lyu-shun—visited Professor Qiu during their trips to the United States. In January 2010, First Lady Christine Chow Ma also made a special trip to Maryland to visit her former mentor on behalf of President Ma Ying-jeou, during her visit to Washington, D.C. leading the Cloud Gate Dance Theatre.He passed away in Washington, D.C. in April 2011.

Family

His father, Qiu Han-ping, held a Bachelor of Law degree from Soochow University and a Doctor of Laws (LL.D.) from George Washington University in the United States. He was a lawyer and legal scholar, and after the Constitution of the Republic of China came into effect, he served as a member of the Legislative Yuan. In 1951, he became the principal of the Soochow Evening School, the predecessor of Soochow University's reestablishment in Taiwan.

His eldest brother, Qiu Hong-ren, was imprisoned during his third year at Chenggong High School for involvement in the April 6 Incident. While in his first year at National Taiwan University, he was arrested again on charges of sedition. During the trial, his maternal aunt, Liu Yang, who had previously posted bail on his behalf, suddenly appeared in court and declared that the responsibility was too burdensome and requested to withdraw her guarantee. Upon the judge’s decision to take him back into custody, Qiu Hong-ren jumped out of a courtroom window, sustaining critical injuries. He was rushed to the hospital but died shortly after. His family regarded the incident as a tragedy resulting from political interference.

His brother, Qiu Hong-yi (Dr. Hong-Yee Chiu), was an astrophysicist at NASA (the National Aeronautics and Space Administration). After retiring from the U.S. federal government, he co-founded the online publishing company EHGBooks in 2011 with his niece, Hsieh Li-chen, of Han Century Corporation.

participated in the Diaoyutai Islands protection movement

Qiu Hongda was one of the early participants in the Diaoyutai Islands defense movement. Beginning in 1971, he wrote articles in the National Taiwan University Magazine to introduce the movement to the academic community in Taiwan.According to former President of the Republic of China, Ma Ying-jeou, in April 1971, students at National Taiwan University were launching a movement to defend the Republic of China’s sovereignty over the Diaoyutai Islands (administratively part of Toucheng Township, Yilan County, Taiwan, postal code 290). The NTU Graduate Student Association organized a seminar and invited Qiu Hongda to speak on the Diaoyutai issue. Ma, then a third-year law student, recalled being deeply moved by Qiu’s talk.Qiu Hongda had an exceptional command of the historical, geographical, geological, and international legal aspects of the Diaoyutai Islands. He repeatedly emphasized that asserting the Republic of China’s sovereignty required serious scholarship and the ability to present concrete evidence—historical, geographical, and otherwise. One of his most well-known remarks, “To assert sovereignty, one must first do the scholarly work,” struck a chord with many student activists at the time. It served as a wake-up call, reminding them that slogans and demonstrations were not enough—they had to learn to investigate and understand the issues.Qiu also underscored that, according to the original text of the 1943Cairo Declaration, the territories “shall be restored to the Republic of China,” and therefore, the Diaoyutai Islands rightfully belong to the Republic of China (Taiwan).

Defend the property of the Embassy of the Republic of China in the United States

Chiu Hungdah played a pivotal role in enabling the Government of the Republic of China to retain ownership of Twin Oaks, its diplomatic property in Washington, D.C.

On December 15, 1978, after the Carter administration announced that the United States would sever diplomatic ties with the Republic of China effective January 1 of the following year, the Chinese Communist regime began to eye Twin Oaks with covetous intentions. Consequently, before diplomatic relations were severed, the Government of the Republic of China sold its embassy and ambassador's residence in Washington, D.C., to the Friends of Free China Association.

At a time when the U.S. State Department's stance was unfriendly, Chiu Hungdah meticulously cited authoritative references, including significant British and American judicial decisions, and drafted persuasive memoranda. Through his former Harvard classmate, Elizabeth Dole—who later served as U.S. Secretary of Transportation, Secretary of Labor, and U.S. Senator—he successfully persuaded her husband, influential Senator Bob Dole, to advocate vigorously in the U.S. Senate. This advocacy contributed significantly to the inclusion of relevant provisions in the Taiwan Relations Act (Public Law 96-8), enacted in April 1979. Specifically, Section 4(b)(3) of the Act stipulated that the absence of diplomatic relations or recognition by the United States does not affect Taiwan's properties and related claims within the U.S. ["The absence of diplomatic relations or recognition shall not abrogate, infringe upon, modify, deny, or otherwise affect any rights or obligations established under U.S. law (including rights and obligations arising from contracts, debts, and property interests). For all legal purposes, including litigation in U.S. courts, the recognition of the People's Republic of China by the United States shall not affect the ownership or other rights and interests of the governing authorities on Taiwan in tangible or intangible property acquired or held prior to December 31, 1978, or thereafter."]

At that time, this provision was commonly known in academic circles as the "Twin Oaks Clause," largely attributable to Chiu Hungdah's persistent efforts. It allowed the Republic of China (Taiwan) to preserve this historically significant diplomatic property in the United States. Several years later, Ambassador Frederick Chien, the Republic of China's representative to the United States, repurchased Twin Oaks during his tenure, reinstating it as a critical diplomatic asset in Washington, D.C. However, through this transaction, the Republic of China sustained a financial loss of two million U.S. dollars, as the property had initially been sold to a private American organization for a token price of twenty dollars and later repurchased for two million dollars.

In July 2009, Ambassador Jason Yuan, the Republic of China's representative to the United States, presented the Order of Brilliant Star with Grand Cordon to Jason Yuan at Twin Oaks on behalf of President Ma Ying-jeou, in recognition of Chiu's significant contributions to the nation. The presentation of this honor at Twin Oaks was particularly meaningful. During the ceremony, President Ma also made a special phone call from Taipei to extend his congratulations personally to Professor Chiu.

Government and quasi-official experience

Chiu Hungdah once served as a member of the Preparatory Committee for the National Affairs Conference (1990), a research fellow of the National Unification Council (1990), Minister without Portfolio of the Executive Yuan (1993–1994), board member of the Straits Exchange Foundation, member of the National Unification Council (1995–2000), Ambassador-at-Large of the Ministry of Foreign Affairs (1998–2000), and board member of the Chiang Ching-kuo Foundation for International Scholarly Exchange.

Experience and Publications in International Law

Chiu Hungdah held a prestigious position in the field of international law. From 1993 to 1999, he served as President of the Chinese Society of International Law. In recognition of his contributions to public international law and issues of sovereignty over international maritime areas, he was nominated in 1998 as a candidate for Academician of Academia Sinica.From 1998 to 2000, Chiu Hungdah served as President of the International Law Association (ILA). During his tenure, he successfully brought the Association’s 125th Anniversary Conference to Taipei in 1998. On this occasion, he, together with International Court of Justice Judge Shigeru Oda and several judges from the International Tribunal for the Law of the Sea, as well as renowned legal scholars and experts from around the world, paid a formal visit to President Lee Teng-hui of the Republic of China. The delegation was received with official banquets hosted by President Lee, Premier Vincent Siew, Minister of Foreign Affairs Jason Hu, and Minister of the Government Information Office Cheng Chien-jen. Upon the completion of his term, Professor Chiu was elected Permanent and Honorary Vice President of the ILA. Throughout his life, he strongly advocated for students to engage deeply with international law cases relevant to their own nation, emphasizing the importance of connecting legal study with national context.

Mr. Chiu served as editor-in-chief of the Chinese and English editions of the Yearbook of Chinese International Law and International Affairs for over 30 years. Beginning in 1981, he took on the role of editor-in-chief of the revised edition, the Chinese (Taiwan) Yearbook of International Law and Affairs. Since 1987, he had continued in this capacity for the yearbook. His publications have been collected by the U.S. Library of Congress, the U.S. Department of State Library, and the law libraries of major universities around the world.

Chiu Hungdah was a prolific author whose works spanned decades. His major publications include A New Treatise on the Law of Treaties (1959), Collected Essays on Issues of Chinese International Law: With Discussions on Recent International Law Topics (1972), Collected Essays on the International Legal Issues of China's Territorial Claims (1975), Collected Essays on Sino-American Relations (1979), The Future of Hong Kong (1987, co-authored with Y. C. Jao and Yuan-li Wu), The Draft Basic Law of Hong Kong: Analysis and Documents (1988), International Law of the Sea: Cases, Documents and Readings (1991, co-authored with Gary Knight), A Study on the Sovereignty Dispute over the Diaoyutai Islands and Possible Solutions (1991), A Study of the United Nations (1994), and Modern International Law (1995). He also edited numerous important volumes, including Legal Thought and Constitutional Issues: Essays in Honor of Chiu Han-ping (1973, co-edited with Chiu Hung-yi), Studies on the Negotiation Strategies of the Chinese Communist Party (1987, co-edited with Jen Hsiao-chi), Reference Materials on Modern International Law (1996, co-edited with Chen Ch’un-i), and Proceedings of the 68th Conference of the International Law Association (2000).In addition, the Editorial Committee for the Festschrift in Honor of Professor Hungdah Chiu compiled Essays on International Law: A Festschrift for Professor Hungdah Chiu on the Occasion of His Sixty-Fifth Birthday (2001).Professor Chiu possessed an extensive personal library, which he gradually donated in his later years to institutions such as National Chengchi University and the Ministry of Foreign Affairs' Institute of Diplomacy and International Affairs.

Opposition to the one-party dictatorship of the Chinese Communist Party

Chiu Hungdah consistently and strongly opposed the authoritarian and totalitarian regime of the Chinese Communist Party. He repeatedly published articles openly criticizing the CCP and firmly advocated for freedom, democracy, the rule of law, and political reform. In the late 1990s, when the Hong Kong-based magazine Contemporary Monthly (Zhengming) exposed the dark side of mainland China and criticized the CCP’s one-party rule, Chiu served as the convener of the magazine’s Overseas Scholars Advisory Committee as a gesture of support.

Condemnation of the CCP's crackdown on the Tiananmen Square protests

The Tiananmen Square Incident of June 1989 shocked Chiu Hungdah and gave him a deeper understanding of the Chinese Communist Party’s brutal and tyrannical rule. He published an article titled “The Cost of the Massacre” in Global Views Monthly, in which he stated:

“The Chinese Communist Party, in blatant disregard of domestic and international public opinion and the basic standards of civilized nations, sent in troops to attack and massacre demonstrators—primarily students and intellectuals—gathered in Tiananmen Square. A regime founded on violent suppression will pay a heavy price, and the foundation of its power will be severely shaken. The CCP’s years of propaganda have completely collapsed; its image at home and abroad has hit rock bottom. Its united front tactics are now utterly ineffective. The names of CCP officials, soldiers, and police involved in this bloody massacre cannot remain secret for long—they will soon become targets of public condemnation, bringing shame to their families and friends, and ultimately facing a tragic fate: though the world is vast, there will be no place left for them to hide.”

In support of Falun Gong human rights

Qiu Hongda stated, “The Chinese Communist Party has come through history by killing all the way. For example, the Falun Gong case is the most unjust matter. The government declared it illegal only after it had already happened. That’s unreasonable. The Universal Declaration of Human Rights clearly states that laws should not be applied retroactively.”

He also wrote an analysis titled “Legal Analysis of Falun Gong's Lawsuit Against Jiang Zemin”, in which he said:

“Falun Gong practitioners in the United States filed a lawsuit in the U.S. Federal District Court for the Northern District of Illinois, accusing Jiang Zemin of persecution. The case was mainly based on the Alien Tort Statute, which grants the federal district courts preliminary jurisdiction over violations of international law or treaties to which the United States is a party. In 1991, the U.S. Congress also passed the Torture Victim Protection Act to strengthen the enforcement of United Nations Convention Against Torture.

On May 20, 1989, former Chinese Premier Li Peng issued martial law, which led to the military suppression of students in the Tiananmen Square Massacre. Later, when Li Peng visited the U.S., the exiled student victims filed a lawsuit against him in a federal court in New York. However, because Li Peng was under the protection of U.S. personnel, the plaintiffs were unable to serve him with the summons and complaint.

Currently, both China and the United States are parties to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. However, foreign heads of state enjoy immunity, so Jiang Zemin could hire U.S. lawyers to appear in court and argue this point. The U.S. State Department may also submit an opinion as an amicus curiae (friend of the court). But once Jiang’s term ends, he no longer has immunity for actions taken during his time in office. As Falun Gong practitioners are spread across the world, they can file new lawsuits against Jiang at any time.

The Beijing authorities should lift the restrictions on Falun Gong activities and restore to the people their Freedom of assembly and assembly.”

An Analysis of the Chinese Communist Party Based on the Zhao Ziyang Case

In 2005, Qiu Hongda, in an interview with The Epoch Times, commented on former General Secretary of the Chinese Communist Party Zhao Ziyang being placed under house arrest until his death:

“He was detained without any clear reason and without a formal sentence. This shows that the Communist Party’s system has serious problems. What the CCP did was illegal. If someone is guilty, there should be a public trial. How can you just detain someone without explanation until they die? Even Wen Jiabao later distanced himself from Zhao Ziyang. The CCP didn’t dare to hold a memorial service for Zhao—because if they did, it would likely trigger a mass movement, just like what happened after Hu Yaobang’s death.”

He further stated, “The June Fourth Incident should be redressed. In other countries, an incident like this would absolutely be investigated. The Communist Party is the greatest tyranny in history—both ancient and modern, in China and abroad.”

When asked why such a tyrannical regime could last for so many years, Qiu Hongda replied:

“It’s because it’s ruthless! Full of tricks, relies on lies, and gives benefits to officials. Those who oppose it are either arrested or bribed with money. On the surface, things may seem prosperous now, but there’s a huge amount of corruption.”

“In mainland China, judges don’t have lifetime tenure. If they don’t follow orders, they won’t be reappointed. Everything—including the legal system—is controlled by the Party. The most powerful body in the court, the adjudication committee, is manipulated by the Party Secretary. The Communist Party monopolizes everything.”

Regarding the CCP’s continued use of high-pressure tactics, Qiu emphasized:

“International calls for justice do have an effect on the CCP! The Communist Party fears international sanctions. Without international pressure, many more people would have been killed—for example, Wei Jingsheng.”

Commendations

Qiu Hongda studied and taught in the United States for nearly 50 years, always holding only a Republic of China (Taiwan) passport. He was widely respected for his character, scholarship, and integrity. He also made significant contributions to Taiwan’s democratization and pragmatic diplomacy.After Qiu Hongda passed away, President Ma Ying-jeou and Minister of Foreign Affairs Timothy Yang both sent telegrams to express their condolences to his family. Due to the Chinese Communist Party’s deliberate obstruction, President Ma was unable to visit Professor Qiu in the United States during his lifetime, nor could he personally return to the Qiu residence in Maryland after his passing. Instead, he issued a special Presidential Commendation (Document No. Hua-Zong-Er-Rong-Zi-10010028470) in recognition of Qiu Hongda’s academic achievements and his contributions to the nation.A Senior Advisor to the Office of the President and the Representative of the Republic of China (Taiwan) to the United States were appointed to attend the memorial service. President Ma praised Qiu Hongda for “his deep love for the Republic of China, and for using his profound knowledge to help the nation stand firm, reason with conviction, and defend its rights during turbulent times. His academic research made significant contributions to the country and exemplified the spirit of serving the nation through scholarship and intellect.”Minister Yang also stated that Qiu Hongda made outstanding contributions in the fields of Taiwan–U.S. relations and international law.

Qiu Hongda nurtured many legal scholars in the United States, not only promoting academic exchange between Taiwan and the U.S., but also becoming a vital force within the American academic community in support of the Republic of China on the diplomatic front. Shen Lyu-shun remarked that at the time, whenever the U.S. Congress held a hearing related to Taiwan, “if Qiu Hongda or someone he recommended was not present, it would not be considered a balanced hearing.”