CO129-486 - Public Offices - 1924 — Page 63

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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proceedings during the period of the sessions and delivery of the arrested member to the custody of the House concerned.

Art. 70. The annual allowances and other expenses of members of both Houses shall be fixed by law.

Chapter VII-The President.

Art. 71. The administrative power of the Republic of China shall be exercised by the President, with the assistance of the Cabinet Ministers.

Art. 72. Any citizen of the Republic of China in full enjoyment of public rights, of the age of forty or more, and resident in the country for more than ten years, shall be eligible for election as President.

Art. 73. The President shall be elected by a Presidential Electoral College composed of the entire membership of the two Houses of Parliament,

For this election, there shall be an attendance of at least two-thirds of the entire number of electors, and the balloting shall be secret, The candidate obtaining three-fourths of the total votes cast shall be elected; but, in the event of there being no definite result after the second ballet, the two candidates obtaining the highest number of votes in the second ballot shall be voted for, when the candidate receiving a majority vote shall be elected.

Art. 74. The term of office of the President shall be five years, but in the event of being re-elected he may hold office for a second term.

Three months previous to the expiration of the term of office of the President, the members of both Houses shall themselves convene and organise an electoral college for the election of a President for the following term.

Art. 75. When the President assumes office, he shall take oath as follows:-

"I hereby solemnly swear that I will most faithfully observe the Constitution and discharge the duties of the President."

Art. 76. In the event of the office of the President becoming vacant, the Vice- President shall succeed until the expiration of the term of office of the President.

In the event of the President being unable, for any reason, to discharge his duties, the Vice-President shall act in his place.

In the event of the Vice-President vacating his post whilst the presidency is vacant, the Cabinet shall officiate for the President, but, in such event, the members of Parliament shall, within three months, convene and organise an electoral college to elect a President for the following term.

Art. 77. The President shall be relieved of his duties at the expiration of his term of office. If at the end of the period a new President has not yet been elected, or having been elected is unable to be inaugurated as President, and the Vice- President is also unable to act as President, the Cabinet shall officiate for the President.

Art. 78. The election of the Vice-President shall, in accordance with the regula- tions governing the election of the President, take place simultaneously with the election of the President. In case the vice-presidency becomes vacant a new Vice- President shall be elected to fill the vacancy.

Art. 79. The President shall promulgate laws and supervise as well as secure their enforcement.

Art. 80. The President may issue mandates for the execution of laws or powers delegated to him by the law.

Art 81. The President shall appoint and dismiss civil and military officials, with the exception of those specially provided by the Constitution or other laws, which shall be duly observed.

Art. 82. The President shall be the Commander-in-chief of the army and navy of the republic, and shall be in command thereof.

The organisation of the army and navy shall be prescribed by law.

Art. 83. In foreign intercourse the President shall be the representative of the republic.

Art. 84. The President may, with the concurrence of Parliament, declare war, but in regard to measures of defence against foreign invasion, he may request the approval of Parliament after the declaration of war.

Art. 85. The President may conclude treaties; but treaties of peace and those affecting legislation shall not become valid until the consent of Parliament shall have been obtained.

Art. 86. The President may proclaim martial law according to law; but if in

the opinion of Parliament no such necessity exists, he shall forthwith proclaim the withdrawal of martial law.

Art. 87. The President may, with the concurrence of the highest court of justice, grant pardons, commute punishment and restore civil rights; but in the case of an Impeachment verdict he shall not, except with the concurrence of the Senate, declare restitution of rights.

Art. 88. The President may suspend the session of the House of Representatives, but no session shall be suspended more than twice and no suspension shall exceed ten days.

Art. 89. When a vote of no confidence in the Cabinet Ministers has been passed the President shall either relieve the Cabinet Ministers of their offices or dissolve the House of Representatives; but the House of Representatives shall only be dissolved with the concurrence of the Senate.

During the tenure of office of the same Cabinet Ministers or during the period of the same session there shall not be a second dissolution.

When the President dissolves the House of Representatives he shall immediately order another election to be held and the convocation of the House at a fixed date to be effected within five months to continue the session.

Art. 90. With the exception of high treason, no criminal charges shall be brought against the President before he vacates his post.

Art, 91. The salaries of the President and the Vice-President shall be fixed by law.

Chapter VIII-The Cabinet.

Art. 92. The Cabinet shall be composed of the Cabinet Ministers.

Art. 93. The Prime Minister and the Ministers of the various Ministries shall be called Cabinet Ministers.

Art. 94. The appointment of the Prime Minister shall be made with the approval of the House of Representatives.

In the event of the Prime Minister vacating his post during the adjournment of Parliament, the President may appoint an Acting Prime Minister. The Domination of the next Prime Minister, however, shall within seven days after the opening of the next session of Parliament be submitted to the House of Representatives for approval. Art. 95. The Cabinet Ministers shall assist the President in assuming responsi- bility towards the House of Representatives.

Without the counter-signature of the Cabinet Ministers, the mandates of the President or despatches in connection with State affairs, excepting the appointment or dismissal of the Prime Minister, shall not be valid.

Art. 96. The Cabinet Ministers may attend the sessions of both Houses and make speeches, but in the case of making explanations when Bills are introduced by the Government, delegates may be deputed to act for them.

Chapter IX-Courts of Justice.

Art. 97. The judicial power of the Republic of China shall be exercised by the courts of justice.

Art. 98. The organisation of the courts of justice and the qualifications of the judicial officials shall be determined by law.

The appointment of the chief justice of the highest court of justice shall be made with the concurrence of the Senate.

Art. 99. The courts of justice shall receive and attend to all civil, criminal, administrative and other cases, but cases for which special treatment is reserved by the Constitution and the law shall not be so included.

Art. 100. Trials in courts of justice shall be conducted in public, but those adjudged to be prejudicial to public peace and order or public morals may be held in camera.

Art. 101. The judicial officials shall be independent in the conducting of trials, and no person whatever shall be allowed to interfere.

Art. 102. During his tenure of office no judicial official shall, except in accord- ance with the law, have his emolument decreased, nor be suspended, nor be transferred to another post.

During his tenure of office no judicial official shall be deprived of his post unless he is convicted of crime or of an offence punishable by law. The foregoing provision, however, shall not apply to cases where the system of courts of justice is to be reorganised or where the qualifications of judicial officials are to be redetermined.

"The punishment of judicial officials shall be determined by law.

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