[ { "id": 460293, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-431 - Governor Sir May - 1916 [1-2]", "page_number": 426, "title": "CO129-431 - Governor Sir May - 1916 [1-2]", "content_text": "VII.\n\nbeing responsible only for the details of his own department, while the whole executive power of the State is vested in the hands of the President. On the advice of the defunct Administrative Council the President called into being a new Assembly termed the Tsanchengyuan, generally spoken of as the \"State Council.\" It consists of 70 Members, all nominated by the President himself, and mainly chosen from the older officials of the late dynasty, including a fair number of Manchus. To this body has been assigned temporary legislative functions, pending the inauguration of the new Parliament. It is apparently contemplated to continue the State Council as a permanent branch of the Constitution, though what particular role it is to fulfil vis à vis the Parliament seems as yet undetermined. Possibly it is intended as a counter-weight on the side of the President in case the elected Parliament should prove recalcitrant.\n\nSide by side with this Assembly another body has been sitting termed the Constitutional Conference, to which has been entrusted the important work of drawing up, in consultation with the Foreign Advisers, a revised Constitution. This new Code which was promulgated on May 1st, has been termed in Chinese a \"Constitutional Compact,\" indicating it would seem a sort of bargain between the President and the people. It defines the rights and duties of the citizens on the one hand and of the President on the other; provides for an elected legislature; prescribes the general course of Administration, and forecasts the organization of regular Law Courts and the independence of the judiciary. A copy of this important document will be found in the Supplement, PP. 75/84.\n\nAs regards the Provinces, several important changes have taken place. In the first place the Provincial Assemblies have been entirely abolished as being useless and obstructive. In the second place the important step has been taken of separating the civil and military functions. Under the Manchu regime the Governor was ex Officio Commander-in-Chief of the Provincial Forces, and under the revolutionary system the Governors, termed Tutuhs, were primarily Military Commanders with civil functions attached. Both systems have been abolished. The whole forces of the Empire are now declared to be National, not Provincial, and under the supreme control of the President. Three or four Provinces are grouped together to form one military district, under the command of a Chiangchun or Commander-in-Chief.\n\nThe result of these changes will no doubt be to enhance very materially the powers of the Central Government. Under the old system the provincial governments with their command of local troops were able to disregard orders from Peking, and to interpose obstacles to reform or changes of which they disapproved. On the other hand the responsibility for the maintenance of order and good government is transferred to Peking, the duties of the local Governors being limited to the repression and punishment of ordinary crime for which purpose they are allowed to organize a police force. It is remarked however, that these changes, though projected on paper, seem to be but imperfectly carried out, as Chiangchun have been appointed to almost every provincial Capital, thereby causing, it is said, much friction between the Civil and Military Authorities.\n\nThe Government has announced that a new Parliament, the Lifayuan, under a restricted franchise, will be summoned in 1915. The qualifications of both electors and candidates will shut out many of the elements which brought discredit on the Parliament of 1912-13. China's experience of parliamentary government has, so far, not been very happy, but although the new experiment will be on conservative lines, it will none the less be a step in the direction of constitutional government.\n\nThe Republic has justified its existence in a remarkably short space of time. It has re-established the authority of Peking over the Provinces, has to a great extent suppressed disorder, and has inaugurated judicious fiscal reforms on conservative lines, as, for example, in the case of the Salt Gabelle.\n\nThere is an element of weakness in the present system of government in that it is mainly dependent on one man—the President—but the country may count itself extremely fortunate, while it has been passing through a period of violent upheaval, in having a strong man to direct the course of affairs; a weak leader, even with the best intentions, might easily have landed the whole country in anarchy. China has the good fortune, at this crisis in her affairs, to have a leader who not only knows his own mind, but also knows his fellow countrymen, who has decision of character and the courage of his opinions.\n\nIt is clear, however, that there is a great element of danger in any system of government which is dependent on any one individual, however...\n\nPage 423", "txt_file_path": "txt/2diw2n4r2/CO129-431 - Governor Sir May - 1916 [1-2].txt", "external_url": "", "rank": 0 }, { "id": 460382, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-431 - Governor Sir May - 1916 [1-2]", "page_number": 515, "title": "CO129-431 - Governor Sir May - 1916 [1-2]", "content_text": "78\n\nArticle 25.---The President makes treaties; but should articles therein provide for any change of territory, or increase the burdens of the citizens, the concurrence of the Legislature shall be required.\n\nArticle 26.-The President may, in accordance with the provisions of the statutes, declare a state of siege.\n\nArticle 27.-The President may confer titles of nobility, rank, orders and other marks of honour.\n\nArticle 28.-The President may grant general amnesty, special pardon, commutation of punishment and restoration of rights. In the case of general amnesty the concurrence of the Legislature shall be required.\n\nArticle 29.-When the President, for any cause, vacates his office or is unable to exercise the powers and functions connected therewith, the Vice-President shall act in his stead.\n\nCHAPTER 4.-LEGISLATURE.\n\nArticle 30.-Statutes shall be enacted by the Legislature composed of members elected by the people.\n\nThe organization of the Legislature and the method of the election of its members shall be prescribed and determined by the Constitutional Compact Conference.\n\nArticle 31.-The competence of the Legislature shall be as follows:-\n\n(1) To discuss and pass bills.\n\n(2) To discuss and pass the estimates.\n\n(3) To discuss and pass or approve measures relating to the assumption of public debts, and to the contracting of other liabilities to the charge of the National Treasury.\n\n(4) To reply to enquiries addressed to it by the President.\n\n(5) To receive petitions from the people.\n\n(6) To initiate legislation.\n\n79\n\n(7) To submit to the President suggestions and opinions relating to legislation and other matters.\n\n(8) To raise questions in regard to administration over which doubts have arisen and to request the President to reply thereon. But the President may refuse to reply should he deem it necessary for the matter to be kept in secret.\n\n(9) Should the President make an attempt against the state the Legislature may institute against him impeachment proceedings in the Supreme Court of Justice, if approved by a majority of three-fourths or over, of a quorum of four-fifths or over, of the total number of members of the Legislature.\n\nThe exercise of the powers mentioned in Clauses 1 to 8 of this Article, and Articles 20, 25, 28, 55 and 57 shall require the concurrence of a majority of the members present in the Legislature.\n\nArticle 32.-The annual session of the Legislature shall not exceed four months in duration, but may be prolonged should the President consider it necessary.\n\nThe President may call an extraordinary session during the recess,\n\nArticle 33.-The deliberations of the Legislature shall be public, but the members may sit behind closed doors at the request of the President, or as a result of the decision of a majority of the members present.\n\nArticle 34.-Bills which have passed the Legislature shall be promulgated and enforced by the President.\n\nBut if the President shall disapprove a bill duly passed in the Legislature, he may return the bill to the Legislature for reconsideration, with a statement of the reasons of his disapproval. Even in case that the former decision of the Legislature be adhered to by a majority of two-thirds or over, of the members present, if the President still maintain that the bill would greatly endanger and harm, either the internal administration of the state, or its foreign relations, or that there are great and important obstacles in the way of its execution, in such a case the President may, with the concurrence of the Council of State, withhold promulgation.\n\n512", "txt_file_path": "txt/2diw2n4r2/CO129-431 - Governor Sir May - 1916 [1-2].txt", "external_url": "", "rank": 0 }, { "id": 460383, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-431 - Governor Sir May - 1916 [1-2]", "page_number": 516, "title": "CO129-431 - Governor Sir May - 1916 [1-2]", "content_text": "80\n\nArticle 35.-The Speaker and the Deputy Speaker of the Legislature shall be elected from and among the members by a majority of the votes cast.\n\nArticle 36.-Members of the Legislature shall not be held responsible outside of the House for their speeches, debates or for votes cast in the House.\n\nArticle 37.-Except when discovered in the commission of a crime, or when involved in crimes connected with internal or external troubles, no member of the Legislature shall be arrested during the session without the permission of the House.\n\nArticle 38.-The Legislature shall prescribe its own rules.\n\nCHAPTER 5.—THE ADMINISTRATION.\n\nArticle 39.-The President is the chief of the Administration and shall be assisted by one Secretary of State.\n\nArticle 40.-The affairs of Administration shall be separately conducted by the Departments of Foreign Affairs, Interior, Finance, War, the Navy, Justice, Education, Agriculture and Commerce and of Communications.\n\nArticle 41.-The Heads of the Departments shall manage the Administration of their respective Departments in accordance with laws and ordinances.\n\nArticle 42.-The Secretary of State, the Heads of the Departments, and Special Delegates, representing the President, shall be entitled to sit and speak in the Legislature.\n\nArticle 43.-The Secretary of State and the Heads of the Departments may be impeached by the Board of Censors and judged by the Ping Cheng Yuen should they violate the law.\n\nCHAPTER 6-THE COURTS OF LAW.\n\nArticle 44.-The Courts of Law shall be composed of the law officers appointed by the President.\n\nThe organization of the Courts of Law and the qualifications of the law officers shall be determined by statute.\n\n81\n\nArticle 45.-The Courts of Law, in accordance with the provisions of the statutes, shall try and judge independently, all civil and criminal cases. But administrative law proceedings and other special law proceedings, shall be tried and judged according to the law governing the same.\n\nArticle 46. The procedure of impeachment cases in the Supreme Court of Justice, as provided for under clause 9 of Article 31, shall be determined separately by statute.\n\nArticle 47-In the Courts of Law trials shall be conducted and judgment shall be rendered publicly. When, however, it is considered that publicity may be prejudicial to peace and order, or to public morality, secrecy may be observed.\n\nArticle 48.-During his term of office no law officer shall be reduced in salary, nor be transferred to another office, nor shall he be deprived of his office, except as a consequence of punishment according to statute, or of disciplinary measures entailing dismissal.\n\nRegulations governing the discipline of law officers shall be determined by statute.\n\nCHAPTER 7-THE COUNCIL OF STATE.\n\nArticle 49. The Council of State, when consulted by the President, shall deliberate upon important matters of state.\n\nThe organization of the Council of State shall be determined by the Constitutional Compact Conference.\n\nCHAPTER 8.-FINANCE.\n\nArticle 50.—The imposition of new taxes and the modification of the rates of the existing taxes shall be made by statute. The taxes levied at present shall, unless changed by statute, be collected as in the past.\n\nArticle 51.-The annual receipts and expenditures of the state shall be dealt with every year in accordance with the provisions of the estimates passed by the Legislature.\n\nP II\n\n513", "txt_file_path": "txt/2diw2n4r2/CO129-431 - Governor Sir May - 1916 [1-2].txt", "external_url": "", "rank": 0 }, { "id": 460384, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-431 - Governor Sir May - 1916 [1-2]", "page_number": 517, "title": "CO129-431 - Governor Sir May - 1916 [1-2]", "content_text": "82\n\nArticle 52.-In order to meet special requirements there may be included in the estimates appropriations extending over a certain number of years as a Continuing Expenditure Fund.\n\nArticle 53-In order to supply deficiencies in the estimates, or to meet requirements unprovided for in the same, a Reserve Fund shall be provided for in the estimates.\n\nArticle 54. Estimates for the objects of expenditure specified below shall not be rejected or reduced, except with the concurrence of the\n\nPresident -\n\n(1) Those appertaining to the legal obligations of the State.\n\n(2) Such necessary expenditures as may have arisen from the provisions of statute.\n\n(3) Expenditures necessary to carry out treaties.\n\n(4) Expenditures necessary for the organization of the Army and Navy.\n\nArticle 55.-In case of international warfare or internal disturbance, or in extraordinary circumstances, when the Legislature cannot be convoked, the President, with the concurrence of the Council of State, may make urgent financial appropriations. But he shall request the Legislature to ratify the same at the beginning of its next session.\n\nArticle 56-If the new estimates have not been acted upon the appropriations of the previous year shall continue in force. The same procedure shall be observed should the adoption of the estimates be delayed after the fiscal year has already begun.\n\nArticle 57.-The final accounts of the receipts and expenditure of the state shall be audited every year by the Board of Audit, and shall be reported by the President to the Legislature for approval.\n\nArticle 58.-The organization of the Board of Audit shall be determined by the Constitutional Compact Conference.\n\n### CHAPTER 9. THE PROCEDURE FOR MAKING THE CONSTITUTION.\n\nArticle 59,-The Constitution of the Chung Hua Min Kuo shall be drafted by the Constitution Drafting Committee.\n\nThis Committee shall be composed of persons not exceeding ten in number elected by the Council of State.\n\nArticle 60.-The Draft of the Constitution of the Chung Hua Min Kuo shall be examined and passed by the Council of State.\n\nArticle 61-After the Constitution of the Chung Hua Min Kuo has been examined and passed by the Council of State it shall be submitted by the President to the National Convention for final adoption.\n\nThe organization of the National Convention shall be determined by the Constitutional Compact Conference.\n\nArticle 62.-The National Convention shall be convoked and dissolved by the President.\n\nArticle 63.-The Constitution of the Chung Hua Min Kuo shall be promulgated by the President.\n\n## CHAPTER 10.-SUPPLEMENTARY ARTICLES.\n\nArticle 64-Until the Constitution of the Chung Hua Min Kuo comes into force the Constitutional Compact shall have the same force as the Constitution.\n\nLaws and ordinances in force before the going into effect of the Constitutional Compact, so far as they do not come into conflict with the same, shall continue to be valid.\n\nArticle 65.-The Articles proclaimed on the twelfth day of the second month of the first year of the Min Kuo, regarding the favourable treatment of the Ta Ching Emperor after his abdication of the Throne, and the special treatment of the Ching Imperial Clan, as well as the special treatment of the Manchus, Mongols, Mohamedans and Thibetans shall never be modified.\n\n514", "txt_file_path": "txt/2diw2n4r2/CO129-431 - Governor Sir May - 1916 [1-2].txt", "external_url": "", "rank": 0 }, { "id": 460385, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-431 - Governor Sir May - 1916 [1-2]", "page_number": 518, "title": "CO129-431 - Governor Sir May - 1916 [1-2]", "content_text": "84\n\nThe statute on the treatment of the Mongols, which is co-related with the foregoing Articles, shall continue to be effective unless changed by statute.\n\nArticle 66.-On the proposal of a majority of two-thirds or over of the members of the Legislature, or on the proposal of the President, in either case if approved by a majority of three-fourths or over, of a quorum of four-fifths or over of the total number of members of the Legislature, the President shall convoke the Constitutional Compact Conference to amend the Constitutional Compact.\n\nArticle 67. Before the Legislature shall have been convoked, its powers and functions shall be assumed and discharged by the Council of State.\n\nArticle 68.-The Constitutional Compact of the Chung Hua Min Kuo shall take effect as from the date of promulgation, on which day the Provisional Constitution, proclaimed on the eleventh day of the third month of the first year of the Min Kuo, shall become null and void.\n\n(Translated from the Chinese by Sao-Ke Alfred Sze, M.A., and revised by Professor Frank J. Goodnow and Dr. M. Ariga).\n\nCHINA ASSOCIATION.\n\nLIST OF\n\nOF MEMBERS.\n\n1915.\n\n515", "txt_file_path": "txt/2diw2n4r2/CO129-431 - Governor Sir May - 1916 [1-2].txt", "external_url": "", "rank": 0 }, { "id": 498385, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-486 - Public Offices - 1924", "page_number": 54, "title": "CO129-486 - Public Offices - 1924", "content_text": "## A further important departure from the provisional Presidency, by means of bribing the members of Parliament. Whatever the means employed, the plans of the Chihli leaders were successful, and Tsao 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.\n\n3. 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 :-\n\n4. 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.\n\n5. 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 specific 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 Kokonor.\n\n6. Chapter IV, dealing with citizenship, provides, in theory, adequate safeguards 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.\n\n7. Chapter V, dealing with national powers (one of the controversial matters in connection with the attempt made to define the powers of the Central and Provincial Governments respectively), is of some interest. 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.\n\n8. 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 representation 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.\n\n9. 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 provisional 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.\n\n10. Chapter VIII deals with the position of the Premier and Cabinet, who are jointly responsible to the House of Representatives. The former's appointment requires the approval of that House, but not (as under the provisional Constitution) that of the Senate also. The appointments of other 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).\n\n11. 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 national 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.\n\n12. 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 assigned to both these units by means of provincial councils and district assemblies and elected district magistrates. The district magistrates of China are, and have always been, the basis of the administration 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 self-government system.\" The final article of this chapter contains the only direct reference in the Constitution to Mongolia, Tibet and the Kokonor (Ch'inghai), 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.\n\n13. Chapter XIII deals with amendments to and interpretations of the Constitution, and calls for no special comment.\n\nI have, &c.\nR. MACLEAY.\n\n## Permanent Constitution of the Republic of China.\n\nThe 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-\n\nThe Constitution Conference of the Republic of China, with the object of establishing the national dignity 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.\n\n### Chapter I-Form of Government.\n\n**Article 1.** The Republic of China shall be a unified republic for ever.\n\n### Chapter II-Sovereignty.\n\n**Art. 2.** The sovereignty of the Republic of China is vested in the whole body of the people.\n\n### Chapter III-Territory.\n\n**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.\n\n### Chapter IV. Citizenship.\n\n**Art. 4.** All persons legally belonging by nationality to the Republic of China shall be citizens of the Republic of China.", "txt_file_path": "txt/2diw2n4r2/CO129-486 - Public Offices - 1924.txt", "external_url": "", "rank": 0 }, { "id": 498391, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-486 - Public Offices - 1924", "page_number": 60, "title": "CO129-486 - Public Offices - 1924", "content_text": "# 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.\n\n3. 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:—\n\n4. 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.\n\n5. 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 specific 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 Kokonor.\n\n6. Chapter IV, dealing with citizenship, provides, in theory, adequate safeguards 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.\n\n7. 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 Provincial 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, except 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.\n\n8. 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 representation 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.\n\n9. 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 provisional 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.\n\n10. Chapter VIII deals with the position of the Premier and Cabinet, who are jointly responsible to the House of Representatives. The former's appointment requires the approval of that House, but not (as under the provisional Constitution) that of the Senate also. A further important departure from the provisional Constitution in this connection will be noted in the fact that the appointments of the other 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).\n\n11. 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 national 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.\n\n12. 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 administration 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 self-government system. The final article of this chapter contains the only direct reference in the Constitution to Mongolia, Tibet, and the Kokonor (Ch'inghai), 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.\n\n13. Chapter XIII deals with amendments to and interpretations of the Constitution, and calls for no special comment.\n\nI have, &c.\n\nPage 3\nPage 11\n\n## Enclosure in No. 1.\n\n**Permanent Constitution of the Republic of China**\n\n(Translation.)\n\nThe 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:—\n\nThe Constitution Conference of the Republic of China, with the object of establishing the national dignity 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.\n\n### Chapter I. - Form of Government\n\nArticle 1. The Republic of China shall be a unified republic for ever.\n\n### Chapter II. - Sovereignty\n\nArt. 2. The sovereignty of the Republic of China is vested in the whole body of the people.\n\n### Chapter III - Territory\n\nArt. 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.\n\n### Chapter IV - Citizenship\n\nArt. 4. All persons legally belonging by nationality to the Republic of China shall be citizens of the Republic of China.\n\nPage 59\nPage 60\nPage 61", "txt_file_path": "txt/2diw2n4r2/CO129-486 - Public Offices - 1924.txt", "external_url": "", "rank": 0 } ]