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prepare a comprehensive scheme of constitutional government and to make recommendations as to the measures to be introduced in preparation for the assembly of a House of Representatives.
The memorialists have carefully studied the systems existing amongst other nations, and have endeavoured to select therefrom such provisions as are most suited to the requirements and traditions of China. The principle which they have throughout kept in view is that supreme authority must always remain with the Sovereign, and that the Constitution is founded on him. The House of Representatives is only a part of the Constitution, and cannot therefore introduce on its own authority any changes in the system of government. The object of the memorialists has been to prepare a system whereby, whilst the Sovereign's prerogative is in no way diminished, the people's interests may be advanced as much as possible.
As regards the methods of election to the House of Representatives, a list of Regulations is submitted, but more detailed Rules will subsequently be drawn up after further study of the question.
Many preparatory measures must be introduced before the nation can be considered ready for the institution of a House of Representatives. As regards administrative measures which must be effected, the most important are the reform of the financial system and the taking of a census; and in a lesser degree the assimilation of Manchus and Chinese, the preparation of a code of laws, and the appointment of judicial officers. The chief means of preparing the people for the opening of a House of Representatives are the diffusion of education and the experience which they will gain from the establishment of Local Government Councils.
The memorialists recommend that nine years should be allowed for preparation prior to the convocation of a House of Representatives, i.e., until the year 1917.
Lists of the various Regulations prepared by the memorialists are appended.
Constitutional Government.
OUTLINE of a Scheme of Constitutional Government and General Rules with reference to the inauguration of a House of Representatives and the Method of Election thereto.
(Translation.)
A general control of all measures of government—legislative, administrative, or judicial—is vested in the Sovereign, but he is assisted in legislation by the Parliament, in the administration by his officers, and in judicial matters by the Courts, which are bound by the laws of the country.
Section 1.—The Functions of the Sovereign.
1. The sovereign power is vested for ever in the Ta Ch'ing dynasty.
2. The person of the Sovereign is sacred and his prerogatives cannot be encroached upon.
3. He has the power to proclaim laws and to sanction measures passed by Parliament. No measure passed by Parliament is effective until the Imperial assent has been signified.
4. He has the power to summon, open, close, or dissolve the House of Representatives, and in the latter event will then issue instructions for a new election.
5. The organization of the public service and the power of promoting or degrading officials. In this matter the Sovereign has the assistance of his high Ministers of State, and the House of Representatives cannot interfere.
6. Administration of the land and sea forces, over which the House of Representatives has no control.
7. International relations, including declarations of war, conclusion of Treaties, appointment and reception of Envoys. Such matters cannot be decided by the House of Representatives.
8. The right to issue Edicts on his own initiative in times of crisis.
9. The right of granting honours and pardons.
10. General control of the administration of justice. This power is delegated by the Sovereign to the Courts, which are bound by the laws of the country, and these laws cannot be modified at will even by the Sovereign himself.
11. The right of issuing Ordinances ("Ming Ling"), but such enactments have not the effect of altering or annulling established laws until discussed by the House of Representatives, submitted by Memorial to the Throne and approved.
12. In the event of any crisis arising during the Parliamentary recess, the Sovereign has the right to issue mandates having the force of law and to raise whatever funds are required by this means. The matter must, however, be brought before the House of Representatives for discussion in the next Session.
13. The expenditure for the Imperial household is regulated by the Sovereign, the amount required annually being drawn from the Treasury. This matter cannot be discussed by the House of Representatives.
14. The laws for the government of the Imperial household are fixed by the Sovereign in consultation with members of the Imperial Family and officers specially appointed for the purpose. The House of Representatives has no concern therewith.
Section 2.—The Rights and Duties of Officials and People.
1. The right (subject to the possession of the necessary qualifications as fixed by law or Imperial Ordinance) of becoming civil or military officers or Members of the House of Representatives.
2. The right, within the bounds of the law, of freedom of speech and of publication, of holding public meetings, and forming associations.
3. Officials and people cannot be arrested, imprisoned, or otherwise punished except in accordance with law.
4. The right of calling upon the Courts to try cases brought by them.
5. They can only be tried in the proper Courts established by law.
6. Freedom from unwarrantable interference with their property and dwellings.
7. With regard to their obligations, they must pay such taxes and perform such military service as may be required by law.
8. Taxes cannot be altered except by law.
9. It is the duty of officials and people to obey the laws of the State.
Section 3.—General Rules with regard to the House of Representatives.
1. The House of Representatives has only the right of debate. It has no administrative functions, and its Resolutions do not become effective until the receipt of Imperial sanction.
2. Only matters affecting the general interests of the whole country can be debated. The ordinary local affairs of a province cannot be discussed.
3. All necessary annual disbursements fixed by the Sovereign or required by law cannot be withheld or decreased by the House of Representatives without the consent of the Government.
4. The House of Representatives has the duty of assisting in the preparation of the annual estimates of revenue and expenditure of the country.
5. In the event of any officer of the Government committing an offence against the laws, the House of Representatives has only the power to impeach him. The right of appointing and dismissing his officers is still vested in the Sovereign.
6. The Resolutions of the House of Representatives cannot be submitted to the Throne until passed by both Houses.
7. All measures submitted to the Throne by the House of Representatives shall be presented in the form of a Memorial by the President (“I Chang”).
8. Members of the House of Representatives must not use disrespectful language with regard to the Throne, or make slanderous or offensive statements with reference to individuals, and they will be liable to fine or other punishment if they disobey this rule.
9. At the opening of the House of Representatives it is the duty of the President to make provision for the maintenance of order, and in the event of any infringement of the Rules of Parliament, he may require the offender to keep silent or order him to leave the House.
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prepare a comprehensive scheme of constitutional government and to make recommen- dations as to the measures to be introduced in preparation for the assembly of a House of Representatives.
The memorialists have carefully studied the systems existing amongst other nations, and have endeavoured to select therefrom such provisions as are most suited to the requirements and traditions of China. The principle which they have throughout kept in view is that supreme authority must always remain with the Sovereign, and that the Constitution is founded on him. The House of Representatives is only a part of the Constitution, and cannot therefore introduce on its own authority any changes in the system of gover.ment. The object of the memorialists has been to prepare a system whereby, whilst the Sovereign's prerogative is in no way diminished, the people's interes's may be advanced as much as possible.
As regards the methods of election to the House of Representatives, a list of Regulations is submitted, but more detailed Rules will subsequently be drawn up after further study of the question.
Many preparatory measures must be introduced before the nation can be considered ready for the institution of a House of Representatives. As regards administrative measures which must be effected, the most important are the reform of the financial system and the taking of a census; and in a lesser degree the assimilation of Manchus and Chinese, the preparation of a code of laws, and the appointment of judicial officers. The chief means of preparing the people for the opening of a House of Representatives are the diffusion of education and the experience which they will gain from the establish- ment of Local Government Councils.
The memorialists recommend that nine years should be allowed for preparation prior to the convocation of a House of Representatives, i.e., until the year 1917,
Lists of the varions Regulatious prepared by the memorialists are appended.
Constitutional Government.
OUTLINE of a Scheme of Constitutional Government and General Rules with reference to the inauguration of a House of Representatives and the Method of Election thereto.
(Translation.)
A general control of all measures of government-legislative, administrative, or judicial is vested in the Sovereign, but he is assisted in legislation by the Parliament, in the administration by his officers, and in judicial matters by the Courts, which are bound by the laws of the country.
upon.
Section 1.--The Functions of the Sovereign.
1. The sovereign power is vested for ever in the Ta Ch'ing dynasty.
2. The person of the Sovereign is sacred and his prerogatives cannot be encroached
3. He has the power to proclaim laws and to sanction measures passed by Parliament. No measure passed by Parliament is effective until the Imperial assent has been signified.
4. He has the power to summon, open, close, or dissolve the House of Repre- sentatives, and in the latter event will then issue instructions for a new election.
5. The organization of the public service and the power of promoting or degrading officials. In this matter the Sovereign has the assistance of his high Ministers of State, and the House of Representatives cannot interfere.
6. Administration of the land and sea forces, over which the House of Repre- sentatives has no control.
7. International relations, including decorations of war, conclusion of Treaties, appointment and reception of Envoys. Such matters cannot be decided by the House of Representatives.
8. The right to issue Edicts on his own initiative in times of crisis.
9. The right of granting honours and pardons.
10. General control of the administration of justice. This power is delegated by the Sovereign to the Courts, which are bound by the laws of the country, and these laws cannot be modified at will even by the Sovereign himself.
11. The right of issuing Ordinances ("Ming Ling"), but such enactments have not the effect of altering or annulling established laws until discussed by the House of Representatives, submitted by Memorial to the Throne and approved.
12. In the event of any crisis arising during the Parliamentary recess, the Sovereign has the right to issue mandates having the force of law and to raise whatever funds are required by this means. The matter must, however, be brought before the House of Representatives for discussion in the next Session.
13. The expenditure for the Imperial household is regulated by the Sovereign, the amount required annually being drawn from the Treasury. This matter cannot be discussed by the House of Representatives.
14. The laws for the government of the Imperial household are fixed by the Sovereign in consultation with members of the Imperial Family and officers specially appointed for the purpose. The House of Representatives has no concern therewith.
Section 2.-The Rights and Duties of Officials and People,
1. The right (subject to the possession of the necessary qualifications as fixed by law or Imperial Ordinance) of becoming civil or military officers or Menibers of the House of Representatives.
2. The right, within the bounds of the law, of freedom of speech and of publication, of holding public meetings, and forming associations.
3. Officials and people cannot be arrested, unprisoned, or otherwise punished except in accordance with law.
4. The right of calling upon the Courts to try cases brought by them.
5. They can only be tried in the proper Courts established by law.
6. Freedom from unwarrantable interference with their property and dwellings.
7. With regard to their obligations, they must pay such taxes and perform such
military service as may be required by law,
8. Taxes cannot be altered except by law.
9. It is the duty of officials and people to obey the laws of the State.
Section 3.- General Rules with regard to the House of Representatives.
1. The House of Representatives has only the right of debate. It has no admini- strative functions, and its Resolutions do not become effective until the receipt of Imperial sanction.
2. Only matters affecting the general interests of the whole country can be debated. The ordinary local affairs of a province cannot be discussed.
8. All necessary annual disbursements fixed by the Sovereign or required by law cannot be withheld or decreased by the House of Representatives without the consent of the Government.
4. The House of Representatives has the duty of assisting in the preparation of the annual estimates of revenue and expenditure of the country.
5. In the event of any officer of the Government committing an offence against
the laws, the House of Representatives has only the power to impeach him. The right
of appointing and dismissing his officers is still vested in the Sovereign.
6. The Resolutions of the House of Representatives cannot be submitted to the Throne until passed by both Houses.
7. All measures submitted to the Throne by the House of Representatives shall
be presented in the form of a Memorial by the President (“I Chang”).
8. Members of the House of Representatives must not use disrespectful language with regard to the Throne, or make slanderous or offensive statements with reference to individuals, and they will be liable to fine or other punishment if they disobey this rule.
9. At the opening of the House of Representatives it is the duty of the President to make provision for the maintenance of order, and in the event of any infringement of the Rules of Parliament, he may require the offender to keep sileut or order him to lea e the House.
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