Presidency, by means of bribing the members of Parliament. Whatever the means employed, the plans of the Chihli leaders were successful, and Ts'ao Kun was inaugurated as President and the permanent Constitution promulgated on the 10th October last. The whole proceedings have been strongly reminiscent of Yuan Shih-kai's inauguration and the promulgation of the Presidential Election Law in 1913, and signs are not wanting that the country is again drifting into a military dictatorship.
3. The attitude of the provinces towards the new Constitution has not yet become apparent, but the position of the Chihli party has, of course, been greatly strengthened by the fact that they have been able to secure the election of the President and the completion of the Constitution by the old Parliament. I have the honour to offer the following observations on the various chapters of this
instrument:—
4. Chapters I and II, providing for a unified republic with its sovereignty vested in the whole body of the people of China, call for no special comment.
5. Chapter III lays down that the territory of the Chinese Republic consists of all the dominions in the possession of China. It will be noted that no specifie reference is made to the dependencies of Mongolia and Tibet, as in the corresponding articles of the provisional Constitution, which defined the territory of the republic as consisting of the twenty-two provinces, Mongolia, Tibet and the Kokoner.
6. Chapter IV. dealing with citizenship, provides, in theory, adequate safe- guards for the rights and liberties of the individual, including freedom of speech writing, meeting and religion, accompanied by the obligations of tax-paying, military
service and education.
7. Chapter V, dealing with national powers (one of the controversial matters which held up the drafting of the Constitution in previous years), is of some interest | in connection with the attempt made to define the powers of the Central and Pro- vincial Governments respectively. Thus, amongst the subjects to be dealt with by the nation as a whole, through the Central Government, we find foreign affairs national defence, currency, customs, salt, stamp, wine and tobacco, luxury and other so-called national taxes, communications (national railways, roads, telegraphs, posts and aviation) and control of civil and military officials; whilst amongst the subjects which may be dealt with by the provinces through the local administrations we find land, title-deed and other so-called provincial taxes, and provincial municipal, educational and police affairs. Amongst the "evils' in regard to which the nation may place restrictions on provincial methods of finance we find taxes detrimental to the national revenue or trade, excessive duties on means of communication, unprofitable taxes imposed on imported articles, and transit dues within the provinces. Compulsory military service in the provinces is provided for, but, excepți for enforcing the same, the provinces are to have no military duties. In times of peace the military expenditure of the nation is not to exceed one-quarter of the annual national expenditure. The provinces are not to maintain standing armies, or establish military schools or arsenals, and recalcitrant provinces may be coerced into obedience by the Central Government.
"}
8. Chapter VI deals with the Constitution and powers of the Upper and Lower Houses of Parliament. No details in regard to the franchise or methods of electing the members are given, and there is therefore no specific reference to Tibetan repre sentation in Parliament, as was definitely provided for in the provisional Constitution of 1911 and in Yuan Shih-kai's Constitutional Compact of 1914 (see Legation despatch No. 390 of the 19th November, 1914). Presumably the original Electoral Laws of 1912 are still considered to be in force. It will be noted that the powers of Parliament include that of impeaching President, Vice-President, Premier and Cabinet, and of passing votes of non-confidence in the latter.
9. Chapter VII deals with the position of the President. As stated above, the articles (72-78) governing the Presidential Election Law are taken from the pro- visional Constitution, being the only part of the latter instrument already passed into law. It will be noted that the President has the power of concluding treaties, but that "treaties of peace and those affecting legislation "require the approval of Parliament. The President may suspend the parliamentary session, but only for ten days; in the event of a vote of non-confidence in the Cabinet being passed, the President shall either relieve the former of their duties or dissolve the House of Representatives, but may only take the latter step with the concurrence of the Upper House.
10. Chapter VIII deals with the position of the Premier and Cabinet, who are jointly responsible to the House of Representatives. The former's appointment
3
requires the approval of that House, but not (as under the provisional Constitution) A further important departure from the provisional that of the Senate also. Constitution in this connection will be noted in the fact that the appointments of the ether Cabinet Ministers do not require to be submitted to Parliament at all, a point which should considerably lessen the latter's powers of obstruction and facilitate the formation of administrations (it will be remembered that months have been spent this year in intrigues aiming at the securing of parliamentary approval for Cabinet Ministers).
11. Chapters IX and X deal with the judiciary and the making of laws. Attention may be drawn to the provisions in chapter XI, dealing with the nation's finances and parliamentary control thereof, which lay down that parliamentary approval must be obtained for the flotation of national loans and the conclusion of agreements entailing additional burdens on the rational exchequer. On the other hand, except with the concurrence of the Government, Parliament has no right to strike off or reduce any items of national expenditure appertaining to the legal or treaty obligations of the nation.
12. Chapter XII deals with the system of local self-government, another very controversial question. The country is divided into units of two grades, the provinces and the districts (the abolition of the circuits, prefectures and sub-prefectures of the Manchu régime being thus confirmed), and a large measure of self-government is in theory assigned to both these units by means of provincial assemblies and elected provincial councils and district assemblies and elected district magistrates. The district magistrates of China are, and have always been, the basis of the administra- tion of the country, and the principle of their election by the people is, of course, a radical innovation. It is difficult to believe that this principle can in practice be successfully carried into effect, but it will be noted that it is not to be introduced pending the completion of the independence of the judiciary and the lower-grade The final article of this chapter contains the only direct self-government system." reference in the Constitution to Mongolia, Tibet and the Kokonor (Chi'nghai), which "may, in conformity with the common wish of the local inhabitants, be divided into the two grades of provinces and districts," and the administrative system of which
shall be prescribed by law pending the creation of provinces and districts."
13. Chapter XIII deals with amendments to and interpretations of the Constitution, and calls for no special comment.
I have, &c.
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Enclosure in No. 1.
R. MACLEAY,
Permanent Constitution of the Republic of China.
(Translation.)
THE following was promulgated on the 10th October. 1923, the twelfth anniversary of the Chinese revolution. to replace the provisional Constitution of fifty-six articles promulgated at Nanking on the 11th March, 1912:—
The Constitution Conference of the Republic of China, with the object of establishing the national lignity and maintaining the national boundaries, and in order to promote the welfare of the people and uphold the principles of humanity, has hereby ordained the present Constitution for promulgation to the whole country. to be permanently observed by all.
Chapter 1.-Form of Government.
Article 1. The Republic of China shall be a unified republic for ever.
Chapter II.-Sovereignty.
Art. 2. The sovereignty of the Republic of China is vested in the whole body of the people.
Chapter III-Territory.
Art. 3. The territory of the Republic of China consists of all dominions in the possession of China. The territory and its division of areas shall not be altered except by law.
Chapter IV-Citizenship.
Art. 4. All persons legally belonging by nationality to the Republic of China shall be citizens of the Republic of China.
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