11
63
10
Chapter X-The Law.
Art. 103. Members of both Ilouses and the Government may introduce Bills, but if a Bill is rejected by one House, it shall not be reintroduced during the same
session.
Art. 104. Any Bill which has been passed by Parliament shall be promulgated by the President within fifteen days after its transmission to him.
Art. 105. In the event of the President disapproving a Bill passed by Parliament, he shall within the period prescribed for promulgation state his reasons and request its reconsideration If both Houses adhere to their former decision, the Bill shall be promulgated forthwith.
In the event of a Bill not being submitted with a request for reconsideration and the period for promulgation has passed, it shall become law. But this shall not apply when Parliament is adjourned or the House of Representatives dissolved before the period for promulgation comes to an end.
Art. 106. No law shall be altered or repealed except in accordance with the law. Art. 107. When a resolution passed by Parliament is submitted for reconsidera tion, the regulations governing the introduction of Bills shall apply.
Art. 108. Laws that conflict with the Constitution shall be invalid.
Chapter XI-National Finance.
Art. 109. The introduction of new taxes and alterations in the rate of taxation shall be determined by law.
Art. 110. The approval of Parliament shall be obtained for the flotation of national loans and the conclusion of agreements entailing additional burdens on the national exchequer,
Art. 111. All financial Bills imposing direct burdens on the people shall be first discussed by the House of Representatives.
Art. 112. An estimate of the annual expenditures and receipts of the nation shall be prepared in the form of a budget by the Government, to be first submitted to the House of Representatives within fifteen days after the opening of the sessions of Parliament.
In the event of the Senate amending or rejecting the budget passed by the House of Representatives, it shall request the concurrence of the House of Representatives in its amendment or rejection; if such concurrence be unobtainable, that which was originally passed by the House of Representatives shall form the budget.
Art. 113. In the case of special undertakings the Government may determine in advance in the budget the period over which the expenditures are to be spread and provide the successive appropriations for such period.
Art. 114. In order to provide for deficiencies or omissions in the budget, the Government may include contingent items in the budget.
The sums expended under the above provision shall be submitted at the next
session to the House of Representatives for approval.
Art. 115. Except with the concurrence of the Government, Parliament shall have
no right to strike off or reduce any of the following items of expenditure :-
1. Those appertaining to the legal obligations of the nation.
2. Expenditures necessary to carry out treaties.
3. Those which are necessary according to the law.
4. Appropriations to be spread over a period of
years.
Art. 116. Parliament shall not add to the annual expenditures included in the budget.
Art. 117. Between the commencement of the fiscal year and the passing of the budget, the monthly expenditure of the Government shall be on the scale of one-twelfth of the amount allowed in the budget for the previous year.
Art. 118. In the event of there being a foreign war or suppression of internal rebellion, or relief for extraordinary catastrophe, when the urgency of the situation makes it impossible to issue writs for the summoning of Parliament, the Government may adopt financial measures adequate for the emergency, but it shall request the approval thereof by the House of Representatives within seven days after the opening of the next session of Parliament.
Art. 119. Orders on the Treasury for payment on account of the annual expenditures of the Government shall first be approved by the Board of Audit.
Art. 120. The statement of payments and receipts for each year shall first be referred to the Board of Audit for investigation and then be reported by the Government to Parliament.
If the statement or Bills submitted for approval be rejected by the House of Representatives, the Cabinet Ministers shall be held responsible.
Art. 121. The organisation of the Board of Audit and the qualifications of the auditors shall be determined by law.
During their tenure of office the auditors shall not have their emoluments decreased, nor be suspended, nor transferred to other posts.
The punishment of auditors shall be determined by law.
Art. 122. The chief of the Board of Audit shall be elected by the Senate. The chief of the Board of Audit may attend the sittings of both Houses to report on the financial statements and make speeches.
Art. 123. The budget and Bills submitted for approval which have been passed by Parliament shall be promulgated by the President after the receipt thereof.
Chapter XII-Local Government System.
Art. 124. Local areas are divided into two grades, the province ("sheng "') and the district ("hsien "').
Art. 125. In accordance with the stipulations of article 22, Chapter V of the present Constitution, the province may itself enact laws for provincial self-govern- ment, but these shall not conflict with the present Constitution or with any national Art. 126. The Provincial Self-Government Law shall be drafted by a Provincial Self-government Law Conference composed of delegates elected by the Provincial Assembly, the District Assemblies and the professional organisations of the entire province.
law.
In regard to the delegates above mentioned, besides one to be elected by each District Assembly, the number to be elected by the Provincial Assembly shall not exceed one-half of the total elected by the District Assemblies. This shall apply also to the delegates to be elected by the various professional organisations.
The delegates to be elected by the Provincial Assembly and the District Assemblies shall not be members of these assemblies. The law for the governance of such election shall be regulated by the Provincial Law.
Art. 127. The following provisions shall apply to all provinces :-
1. The province shall have a Provincial Assembly, which shall be a representative organ of a single-chamber system, and the members shall be directly elected.
2. The province shall have a Provincial Administrative Council ("Sheng Wu Yuan ") as executive of the Provincial Self-government Administration, to be composed of from five to nine members ("Sheng Wu Yuen '') directly elected by the people of the province, and their term of office shall be four years. Before it is possible to carry out the direct election, an electoral college may be formed for such election according to the provisions of the preceding article; but persons in military service shall not be elected unless they have been relieved of office for at least one year.
3. The Provincial Administrative Council shall have a chairman ("yuan
chang ") who shall be elected by and among the members of the council.
4. Citizens of the Republic of China who have been residing in the province for one year or more shall be equal in the eyes of the law of the province and be in full enjoyment of all civil rights."
Art. 128. The following provisions shall apply to all districts:——
1. The district shall have a District Assembly in which is vested the legislative
power over all self-government affairs in the district.
2. The district shall have a magistrate ("hsien chang") directly elected by the people of the district as executive, with the assistance of the District Council ("Hsien Ts'an Shih Hui'), of the District Self-governing Administration, This, however, shall not apply pending the completion of the independence of the judiciary and the lower grade self-government system.
!
T