CO129-486 - Public Offices - 1924 — Page 61

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Art. 5 Citizens of the Republic of China shall be equal, without distinction of race, class or religion.

any

Art. 6. Citizens of the Republic of China shall not be arrested, imprisoned, tried or punished except in accordance with the law.

Any citizen under arrest may, in accordance with the law, apply to a court of justice for a writ of habeas corpus.

Art. 7. The residences of citizens of the Republic of China shall not be entered or searched except in accordance with the law.

Art. 3. The secrecy of letters and correspondence of citizens of the Republic of China shall not be violated except in accordance with the law.

Art. 9. Citizens of the Republic of China shall have the liberty of electing residence and profession, on which no restriction shall be imposed except in accordance with the law.

Art. 10. Citizens of the Republic of China shall have the liberty of assembly and forming societies, on which no restriction shall be imposed except in accordance with the law.

Art. 11. Citizens of the Republic of China shall have the liberty of speech, authorship and publication, on which no restriction shall be imposed except in accordance with the law.

Art. 12. Citizens of the Republic of China shall have the liberty to honour Confucius and to profess any religion, on which no restriction shall be imposed, except in accordance with the law.

Art. 13. Citizens of the Republic of China shall have an inviolable right to the possession of property; and any expropriation necessitated by a consideration of the public welfare shall be in accordance with the law.

Art. 14. Liberties of the citizens of the Republic of China, other than those provided in this chapter, not being in contravention of the principle of Constitutional government, shall be recognised.

Art. 15. Citizens of the Republic of China shall have the right to institute legal proceedings before a court of justice in accordance with the law.

Art. 16. Citizens of the Republic of China shall have the right to petition Parliament and state grievances in accordance with the law,

Art. 17. Citizens of the Republic of China shall have the right to vote and to stand for election in accordance with the law.

Art. 18. Citizens of the Republic of China shall have the right to be employed

in public services in accordance with the law.

Art. 19. Citizens of the Republic of China shall have the obligation to pay taxes in accordance with the law.

Art. 20. Citizens of the Republic of China shall have the obligation to serve in the army in accordance with the law.

Art. 21. Citizens of the Republic of China shall have the obligation to receive elementary education.

Chapter V.-National Powers.

Art. 22. Of the national powers of the Republic of China those pertaining to the nation shall be exercised in accordance with the provisions of the present Constitution, and those pertaining to the local areas shall be exercised in accordance with the present Constitution and with the provisions of the various laws for provincial self-government.

Art. 23. The nation shall enact and execute all legislation for the following:-

1. International relations.

2. National defence.

3. Nationality law.

4. Criminal, civil and commercial laws.

5. Prison system.

6. Measures and weights.

7. Currency and national banks.

3. Customs tariff, salt tax, revenue stamp tax, tobacco and wine taxes. and other

taxes on articles of luxury, as well as other duties and taxes throughout

the country, the rates of which shall be unified.

9. Post, telegraphs and aviation.

10. National railways and roads.

11. National properties.

12. National debts.

13. Monopoly and special licences,

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14. Examination, employment, investigation and protection of the civil and

military officers of the country.

15. All other matters which shall appertain to the nation in accordance with the

present Constitution.

Art. 24. In regard to the following matters the nation shall enact legislation

to be executed by the nation or under its direction by the local areas:—

1. Agriculture, industries, mining and forestry.

2. Educational system.

3. Banking and stock exchange systems.

4. Aviation and marine fishery.

5. Conservancy works and waterways concerning two or more provinces.

6. General regulations governing municipal systems.

7 Requisitions for public use.

8. National census and statistics.

9. Colonisation and reclamation,

10. Police system.

11. Public sanitation.

12. Pensions and the administration of unemployment.

13. Preservation of ancient books, ancient objects and ancient monuments having

historical value or cultural importance.

In regard to the items above mentioned the provinces may enact independent laws not in contravention of the legislation of the nation.

In regard to items 1, 4, 10, 11, 12 and 13 above mentioned, the provinces may, pending legislation by the nation, exercise the power of enactment.

Art. 25. In regard to the following matters, the provinces shall enact legislation

to be executed by the provinces or, at their direction, by the hsiens :-

1. Provincial education, industries and communications.

2. Management and disposal of provincial properties.

3. Provincial municipal affairs.

4. Provincial conservancy and public works.

5. Land tax, title-deed duty and other provincial taxes.

6. Provincial debts.

7. Provincial banks.

8. Provincial police and affairs pertaining to public safety.

9. Provincial social and public welfare work.

10. Local self-government.

11. Other matters provided by the national laws.

When any of the items above mentioned shall concern two or more provinces

it may be undertaken by them jointly, except when otherwise provided by law, and in case the funds shall be insufficient the deficit may be supplemented by the national Treasury after approval by Parliament.

Art. 26. Any matter arising, not mentioned in articles 23, 24 and 25, which relates to the nation shall appertain to the nation; that which relates to the provinces shall appertain to the provinces. Controversies arising in this connection shall be adjusted by the highest court of justice.

Art. 27. In order to obviate the under-mentioned evils, or when deemed necessary for the promotion of public welfare, the nation may, by enactment, place restrictions on the classification and methods of collecting provincial taxes:—

1. Taxes detrimental to the national revenue or trade.

2. Double taxes.

3. Excessive duties imposed on public roads or other means of communication

to the detriment of communications,

4. Unprofitable taxes imposed on imported articles by the provinces or between

different localities for the protection of local products.

5. Transit dues imposed on articles conveyed within the provinces or between

different localities.

Art. 28. Provincial laws shall be invalid when they contlict with the national

laws.

Doubts arising out of a conflict between a provincial law and the national law shall be resolved by the highest court of justice.

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