This Document is the Property of His Britannic Majesty's Government.]
AFFAIRS OF CHINA,
CONFIDENTIAL.
278
C. O.
[November 2] 42997
SECTION 3!
24 NO OS
[39022]
No. 1.
Sir J. Jordan to Sir Edward Grey.-(Received November 2.)
(No. 408.) Sir,
Peking, September 14, 1908. A BRIEF examination of the programme for the introduction of constitutional government, which was referred to in my despatch No. 390 of the 2nd instant, and an abstract of which is inclosed herewith, shows that it is largely founded on what has been done in Japan.
The powers and prerogatives of the Emperor under the new Constitution are stated in terms very similar to those employed in Chapter I of the "Constitution of the Empire of Japan." The appointment and dismissal of judicial officers will apparently remain within the Imperial prerogative, and not as in Japan be subject to law, though the administration of justice will be exercised by the Courts in accordance with law. The Emperor will have supreme control of the army and navy, and no interference with that control by Parliament will be permitted.
The powers and limitations of the House of Representatives are only partially stated, and detailed laws will be drawn up in the future, such Rules as are now issued being devised with careful regard to existing political conditions. The law of election to the Lower House is given in bare outline, and will no doubt be elaborated later on.
The scheme of progressive preparation for constitutional government, which is sketched in the 5th section of the abstract, is interesting from its magnitude. Again, Japanese example appears to be held in view, for it may be remembered that in Japan an Edict was issued in 1881 announcing that a National Assembly would be convened in ten years, and during those ten years the remodelling of the laws, finances, and local government on western lines was steadily pursued by a reform Ministry. Beginning from the 34th year of Kuang Hsü (February 1908 to January 1909) a prodigious series of measures, which will recast the whole framework of government down to the villages, is to be completed in nine years--local government, census, finances, education, civil and penal laws, justice, Upper House, police are all to be worked up gradually, so that by the ninth year the crown may be placed on the new edifice by the proclamation of a Constitution and the summoning of a Parliament. Evidently the Court and Government must reason that what was possible for Japan is equally possible for them, but it should, I think, be clear to them that the march of events in Japan can furnish no safe criterion for a programme of radical measures in a continent such as China is, and that in any case there is no sufficient number of qualified leaders and experts available to bring the scheme into effective execution all over the Empire in the time allotted.
I have, &c. (Signed)
J. N. JORDAN.
Inclosure in No. 1.
Extract from the "Peking Daily News" of August 29, 1908.
JOINT Memorial by the Constitutional Reform Commission and the Senate submitting Proposals for the Establishment of Constitutional Government, the Convocation of a House of Representatives, and the Preparatory Measures to be introduced prior to its inauguration.
(Translation.)
THIS Memorial is submitted in obedience to an Imperial Decree issued on the 22nd July (a résumé of which was contained in His Majesty's Minister's despatch No. 371 of the 19th August), wherein, after directing the institution of Provincial Councils, the Constitutional Reform Commission and the Senate were instructed to
[2029 6-3]
This Document is the Property of His Britannic Majesty's Government.]
AFFAIRS OF CHINA,
CONFIDENTIAL.
278
C. O.
[November 2) 42997
SECTION 3!
24 NO OS
[39022]
No. 1.
Sir J. Jordan to Sir Edward Grey.-(Received November 2.)
(No. 408.) Sir,
Peking, September 14, 1908. A BRIEF examination of the programme for the introduction of constitutional government, which was referred to in my despatch No. 390 of the 2nd instant, and an abstract of which is inclosed herewith, shows that it is largely founded on what has been done in Japan.
The powers and prerogatives of the Emperor under the new Constitution are stated in terms very similar to those employed in Chapter I of the "Constitution of the Empire of Japan." The appointment and dismissal of judicial officers will apparently remain within the Imperial prerogative, and not as in Japan be subject to law, though the administration of justice will be exercised by the Courts in accordance with law. Emperor will have supreme control of the army and navy, and no interference with that control by Parliament will be permitted.
The
The powers and limitations of the House of Representatives are only partially stated, and detailed laws will be drawn up in the future, such Rules as are now issued being devised with careful regard to existing political conditions. The law of election to the Lower House is given in bare outline, and will no doubt be elaborated
later on.
The scheme of progressive preparation for constitutional government, which is sketched in the 5th section of the abstract, is interesting from its magnitude. Again, Japanese example appears to be held in view, for it may be remembered that in Japan an Edict was issued in 1881 announcing that a National Assembly would be convened in ten years, and during those ten years the remodelling of the laws, finances, and local government on western lines was steadily pursued by a reform Ministry. Beginning from the 34th year of Kuang Hsü (February 1908 to January 1909) a prodigious series of measures, which will recast the whole framework of government down to the villages, is to be completed in nine years--local government, census, finances, education, civil and penal laws, justice, Upper House, police are all to be worked up gradually, so that by the ninth year the crown may be placed on the new edifice by the proclamation of a Constitution and the summoning of a Parliament. Evidently the Court and Government must reason that what was possible for Japan is equally possible for them, but it should, I think, be clear to them that the march of events in Japan can furnish no safe criterion for a programme of radical measures in a continent such as China is, and that in any case there is no sufficient number of qualified leaders and experts available to bring the scheme into effective execution all over the Empire in the time allotted.
I have, &c. (Signed)
J. N. JORDAN.
Inclosure in No. 1.
Extract from the "Peking Daily News" of August 29, 1908.
JOINT Memorial by the Constitutional Reform Commission and the Senate submitting Proposals for the Establishment of Constitutional Government, the Convocation of a House of Representatives, and the Preparatory Measures to be introduced prior to its inauguration.
(Translation.)
THIS Memorial is submitted in obedience to an Imperial Decree issued on the 22nd July (a résumé of which was contained in His Majesty's Minister's despatch No. 371 of the 19th August), wherein, after directing the institution of Provincial Councils, the Constitutional Reform Commission and the Senate were instructed to
[2029 6-3]
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