In a March 27 news release posted on its Web site, the MOFA said that as a nation that treasures freedom, democracy and the rule of law, Japan should not have allowed unrelated factors to interfere with its independent judicial system.
The court ruled that China assumed the plaintiff role over Taiwan when Japan switched its diplomatic recognition to Beijing from Taipei in 1972, even though the ROC government, which was now based in Taipei, originally purchased the building.
Taiwan's Central News Agency quoted MOFA Spokesman David Wang as saying March 27 that the government would study the ruling before working out a strategy to deal with the legal battle with China.
The five-story dormitory, known as Kuanghualiao in Mandarin and Kokaryo in Japanese, was sold in 1952 by the Kyoto University to the ROC government which, at that time, was recognized by Japan as the sole legitimate representative of China.
The Chinese-language China Times noted March 28 that the chanting of "Long live Chairman Mao" by pro-Beijing students at the dorm in 1966 had led to brawls with pro-Taipei students. Taiwan filed a suit in 1967 with the Kyoto District Court seeking a court order to evict the pro-Communist students from the dormitory. The case was still pending in the district court in 1972 when Japan recognized the Beijing government and severed diplomatic ties with Taiwan.
In September 1977, the Kyoto court ruled in the pro-Beijing students' favor, declaring that ownership of the dormitory had transferred to China following its recognition by Japan.
The Osaka High Court sent the case back to the district court for a retrial in 1982, saying that the ROC government continued to exist, although its territorial control was limited.
In the following retrials, both the 1986 district and 1987 high court rulings favored Taiwan. Chinese students then appealed to the Supreme Court and, after a two-decade silence, the top court restarted the legal process in January, which resulted in last month's ruling.
Write to Edwin Hsiao at edwinhsiao@mail.gio.gov.tw