[This Document is the Property of His Britannic Majesty's Government.]
AFFAIRS OF CHINA.
CONFIDENTIAL.
[40043]
November 3.]
CO
SECTION 2,
36747
No. Pic?
(No. 363.) Sir,
REGS DEC IOL
Mr. Max Müller to Sir Edword Grey---Recceived November 3.)
Peking, October 15, 1910. AS I had the honour to report in my telegram No. 166 of the 3rd instant, the Tzu-Cheng Yuan, or Senate, was inaugurated on that date. The construction of the Senate House not being yet completed, the inaugural ceremony took place at the Law College, in the West City of Peking. It was attended by the Prince Regent, Prince Ching, Prince P'u Lun (the President of the Senate), the grand councillors, the presidents of the various boards, and nearly all the members; but no foreigners, whatever their rank or position, were permitted to attend the function.
The reading by Prince Ching of the Imperial Edict addressed to the members of the Senate was followed by a Speech from the Throne, delivered personally by the Prince Regent. The purport of both these addresses, translations of which I have the honour to enclose herewith,* is closely similar, and is characterised by an absence of any mention of duties devolving on the members save those of voicing public opinion in discussion." No actual business was transacted on this occasion, and the first session proper of the Senate did not take place until the 6th instant. Cards of admission to this latter sitting were sent to a limited number of foreign officials and representatives of the press, and at my request Mr. Phillips, the acting Chinese secretary, accompanied by Mr. Teichman of this legation, attended to witness the proceedings.
The Senate is the outcome of the recommendations put forward on their return to China by the five Imperial commissioners, who were sent abroad early in 1906 to make a special study of the constitutions of the various Great Powers; its establishment approved by an Imperial Edict dated the 29th October, 1906, is an important factor in the scheme for the gradual introduction, extending over a period of nine years, of a constitutional government, though it is in fact as well as in name only a provisional parliament," intended to serve as a training school for the Parliament proper, which is, according to present arrangements, to be assembled in the year 1917. The total number of members is 262, of whom 98 are the nominees of the Emperor, 98 are the delegates of the provincial assemblies, selected by the Viceroys and Governors of the various provinces from a list of 200 names chosen by the provincial assemblies from among their own members, while the remainder are deputies appointed by the Grand Council and the various boards. Properly speaking, the Senate cannot be named an elected body at all. In addition to a certain proportion of travelling expenses on a sliding scale in proportion to the distance of their homes from the capital, the members receive the modest stipend of 600 dollars (say, 501) per annum. It is expected that a session of the Senate will occupy only three months of the year. The duties of the Senate are confined to disenssion ou questions relating to finance, changes in legal enactments (from which are expressly excluded laws relating to the constitution or to the Imperial Household), and disputes between the various provincial assemblies, or between the provincial assemblies and the provincial authorities, as well as petitions submitted direct by the people. Questions regarding affairs in the various provinces may be addressed to the provincial assemblies by the Senate, which has also the right to refer to the Emperor arbitrary and illegal acts on the part of high officials.
The legislative power of the Senate is, however, materially hampered by the proviso requiring reconsideration of any of its resolutions with which a Grand Councillor or a Secretary of State disagrees, and ultimate reference of all differences incapable of settlement to the Throne, which has contrived to retain an absolute right of veto on all questions discussed in the Senate. It remains, of course, to be seen how far the Prince Regent will venture to run counter to decisions on important questions backed up by a majority of votes in this new advisory Chamber, but signs are not wanting already that the members of the Senate are likely to take their duties more seriously than the Imperial Decree or the Prince Regent's speech would lead one to suppose, and that they will not confine their activity to the mere giving of advice, but * Not printed.
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