1913-11-04 — Page 7

THE HONGKONG TELEGRAPH

THE CHINESE REPUBLIC.

DRAFT OF THE NATIONAL CONSTITUTION.

EXTRA

HONGKONG, TUESDAY, NOVEMBER 4, 1913, 4,30 P.M.

Art. 9 Citizens of Chung, Has shall have the liberty to call moet ings or organize societies, and no restriction shall be enforced ex-

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arise:

Without the counter-signaturea Art, 100, Should there be any when the President is elected of the Cabinet Ministers, the special entorprises, le Govorn- Should the post of Vice-President Orders of the President or dement may tate the period over become vacant a new Vice-Pre-spatches in 'connection with State which the expenditure will be sident shall ta oleoted.

affairs shall have no effect.

sent out by the President if any National Assembly the Tan Yil shall take place at the same time of the following circumstances Yuan shall elect 9 members and

the Chung Yi Yuan 16 to or (1) A request of more than one ganize the Committee for the half of the members of ench National Assembly. House.

י:

Art. 52. Any subject discussed. (2) A request by a despatch in the Committee for the Nation from the Committee of the Na-al Assembly shall be decided by tional Assembly.

(3) Whenever the Government thinks it necessary.

Art. 35. The of ning and the closing of the National Assembly shall take place simultanruly in

both Houses.

Art. 36. Discussions in the

Art. 10. Cilizens of Chung Hus shall have liberty of speech, writing and publication, and un- loss according to Law no restric-National Assembly shall be con- tion shall be enforced.

Art. 11. Citizens of Chung Hua shall have liberty of worship and religion, and unlese according to law no restriction. shall be en- forced..

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Art 65. The President shall promulgate laws and enforce them.

Art. 83. When a vote of want of confidence in the Cabinet Minis- ter is passed, the President shall deprive them. of their posts,

Art. 84. The Cabinet Ministers or their special dologatos sball: he allowed to attend both Houses

Chapter VIII. Courts of Justice. and make speeches.

Art. 85. The Judicial Authori- of the Chung Hua Min Kuo shall be enforced by the Courts of Justice.

Art 86. The Organization of the Courts of Justice and the qualifications of judicial officials

spread for thatitom in the Budget' and fix the future expenditure.

Art. 101. In order to provide some margin for the shortage of the estimates, the Governmont may include an itein in the Bud-. - get to provide for extraordinary expensos.

The sums expanded under the above item shall be subunited" afterwards to the Chung Y: Yu»n for reepgnition.

Aft. 102. Valess approved by the Government, the National Assembly shall have no right to bolish or curtail nuy of the following films:

the votes of two thirds of the Art. 66. The President may members present who represent issue or publish orders for the two birds of the total number of execution of laws and of powers the Committee.

| delegated to him by the law. the adjournment of the ordinary urgent and impossible for the Art. 53. During the period of Art. 67. When it is absolutely session of the National Assembly President to issue write for the If one House suspends its in addition to the rights and da- convocation of an extraordinary session the other House shall do ties set forth in Clause 2 of Art. session, for the sake of maintain-ty likewise at the same time.

34; Art. 61; Clause 2 Art.81; and ing public pence and preventing When the Chung Yi Yuan is Art. 105, the Committee of the extraordinary calamity the Pros dissolved the Tsan Yi Yuan shall National Assembly shall have the dant may, with the approval of adjourn at the same time. right to receive and settle the the Committes for the National petitions of citizens, to make sug- Assembly, promulgate mandates gestions and address interpell which shall have equal force with shall be fixed by law. netd by the Houses separately.ations to the Government.

Inwa. At the beginning of the Art. 87. Tho Judiciary shall The same bill shall not be

Art. 54. At the beginning of next session of the National As-attend to and settle all civil and brought up for discussion in both the ordinary session, the Com-

sembly he shall request the criminal cases, but ensee in Housos at the same time.

3 Items provided by the law. National Assembly to recognize volving administrative affairs or Art, 37. Unless there be an at-mittee for the National Assembly the above mandates, which if arising from other particular

4. Tentative apropriations. tendance of half of the total shall give a report of all its rejected by the National Assembly causes, shall be dealt with no- Art. 103. The National Assemb

cording to special law.

ly shall not introduce any bill to Art. 55: The regulation of the Art. 68. The President shall Art. 83. The judiciary sballacrease the annual expenses of Committee of the National Asappoint and remove civil and be independent in the passing the Clovernment. sembly shall be fixed by Law.

military officials, with the ox-f judgment, and noue, shall be ception of those specially pro-allowed to interfere. vided in the Constitution or laws.

The National Constitution of the Chinese Republic which is to replace the Provisional Constitu- tion, will be panse by the National Assembly. The Concept by Law.. stitution Drafting Committee was organized by the election of 30 meribers from each House and on the 21st of September the said Committee elected five membera, Chang Yao-tsong, Ting Shih-yi, Huang Yun-peng: Sun Chung and I Ching-fang to draw up the draft of the whole constitution according to the 12 principles which were decided by the Con-

Dumber of members of either tractione; Art. 12. Citizens of Chung Hua Hruso, no sitting shall ta held stitution Drafting Committee, These five members gathered shall enjoy the right of the secur

Art. 38. Any subject discussed themselves together in the Re-ity of their property, but should in either House shall be decided there any disposal necessitated caption Room at the upper flor of the Chung Yi Es n, and held by the public good, it shall be by the votes of majority of mem- sight meetings during whirl done in accordance with the law. attending the Sitting, and the Speaker ebali have a casting time the whole draft was Gnisko J. Art. 13. Citizens of Chung Hua The task was divided among them shall have the right of trial by as follows, The three chapters,

the judiciary, The Form of Government, The Territory of the Nation, and The Citizens were drafted by Momber Chang Yao-seog: The Chapter on the National Assembly was Art. 15. Citizens of Chung Hus

vole.

Art. 39. A decison of

Art. 14 Citizens of Chung Huasion of the both Housee." shall have the right to for their sugge-tions or set forth their com (plaints according to law.

Ministers.

Cheapter VI. The President. Art. 56. The administrative power of the Chung Hua Min Ku Nshall belodge in the President. tional Assembly shall to the deci- and enforced by the Cabinet "inter- Art. 57. Ia foreign couree the President shall be the representative of the Min Kuo,

Art.. 58. A Citizen of Chung tun, who is fully entitled to the but when requested by the Gray-right of suffrage, has reached the Huaernment or so decided by the age of 40 cr more and has been Houses, secret fessions may he residing in China for fully ten

yoare, is eligible as President:

A bill that has been rejected by either House shall not brought up again in the game session.

Art. 40. The sessions of both

drafted by member Huang Yunhall have right to veto in accorHouses shall be held in public,

pong. The Chapter on The Pre- aident was drafted by Sun Chung The Chapters on the Cabinet and the Judiciary were drafted by' Ting Shib-yi: and. The Two Chaptere on Observations etc., were drafted by member Li Ching fang. Thus altogether there were nina chapters. However after discussion it was decided that two chapters slic uld to "added treating the Ommittee of the National Assembly and The Law. The whole draft hai passad three readings among the five members and was submitted to the Contitu- tion Drafted.cmnittes for ron. sideration.

The Bill on the Constitution of Chung Hus Min. Kuo,

dance with the Law..

Art. 16. Citizens of Chung shall have the right to hold ulicial posts according to Law.

Art. 17: Citizens of Chung Tua shall have the obligation of pay ing taxes according to Law.

Art. 18. Citizens of Chung Hua shall have the obligation of en listing as soldiers ccording to Law.

C

held,

Art. 59 The President shall bo oleatet by an electoral collogo for the President organized by the members of the National Assembly of theChinese Republic,

shall lose their effect.

Art. 60. The President shall have the chief contrl of the Army and Navy of the whole country. The organization of the army and

navy shall be fixed by law.

Art. 70. The President may,

with the concurrence of the National Assembly, declare war but with regard to defence against foreign invasion, he may Годлевс recognition of the National Assembly after the declaration of war.

;

1. Items in connection with the" obligations of the Government according to low.

2. Itons nécessitated by the observance of treaties.

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A. 104. If the Budget cannot be passed the monthly accounts Art. 39. The trial of enses in of the Government shall be in the haw courts shall be conducted proportion of one twelfth of the publicly, but those affecting the amounts in the Budget for this Publie peace and order or pro preceding year. priety, shall be hold in imeru, The above course shall also be Except in acord-adopted when the fiscal year nace with law Judicial officials beging before the Budget ja luring their continuance in allice passed.

Art,*:00.

shall not have their errotuments

..

“Art, 105.", Should there be a decreased, or be transferred to foreign war, or should there be their offices, nor shall they be suppression of internal rebellion removed from offico, excopt when when it is impossible to issue they are convicted of crime, wins for the convocation of the effences punishable according National Assembly, the Govern law by removal from office. But the above does include the case of reorganization of Judiciary or revision of the standard of the qualifications of the judicial officials.

inent may with the concurrence of tim Committee for the National Assembly, adopt financial mea sures for the emergency, but it should request tho recognition thereof by the Chang Yi Yuan

Art. 71. The President may concludo trenties; hut with re gard to treaties of peace, and those affecting legislation, they shall havo force only after the consent of the National Assembly is obtained

Art, 72. The President may The punishments and fines of at the beginning of the next sos-

proclaim Martial Law" according

With regard to the above ele tion, it shall take place by an at- tendance of two thirds or more of to lawy

the Judicial officials shall be

fixed by law.

Chapter IX. The Law. Art. 91. The members of both Houses and the President may submit bills of law to the Nation

Assembly.

sion of the National Assembly.

AP, 106, Ondors. (on the Treasury ?) for payments on ac- count of the annual expenditure of the Government should first

be investigated by the Audit

Bureau.

Art, 4', Should the Chung Yi- yuan consider that either the President of the Vice President has committed treasca be may be impenche by the decision of a majority of two thirde of the memhars present at a session in which three fourths of the total Art. 10. Citizena Chung Hua number of members of the Ilouses the number of electore, and it Art. 73. The President inay hall bave the obligation to re-shall be recessary to form Q

shall be done by secret ballot.confer decorations and other reive general education, the period quorum.

The person who obtains three-insignia of honour. of which shit la fixed by Law.

Art 42. Should the Chung Yi-fourths of the votes of the voters Art. 74. The President may Fusn consider that Cabinet Minie-will be elected and should there with the concurrence of the High-

Art. 107. The Statement of the tors have violated the law, an im not be sufficient votes after two est Court of Justice, grant par- Art. 12. Any bill of law which Annual payments and annual re- peachment shall be instituted cut attempts at election have made lone, commute punishment and has been passed by the National the devison of two thirds of the the two persons who obtain moat restore rights, and with regard to Assembly shall be pronged ceipts for each year should first votes in the second ballot shall be the verdict of impeachment hey the President within 15 days the Audit Buren which shall ro- be submitted for investigation lo voted for, and the one whas may with concurrence of National after the receipt of the despatch port same to the Chung Yi Yuan. the majority of votes shall to Assembly make a declaration for containing same. elected.

the restoration of rights.

If the statement bo rejected by Art. 93. Should the President the Chung Yi Yuan, the Cabinet Art 60. The pariod of office

Att. 75. The President may disapprove any of bills of law shall be held responsible. of the President shall be five suspend the seesion of either the assed by the National Assembly, Art 108. The Audit Bureau years, and if re-elected he may Chung Yi Ynan or Trau Yo shall within the period allow-half he organized by auditors hold office for one more ferm. Yuan but within the perial of for promulgation, stato the elected by the Tran Yi Yuan...

Three months provious to the one session the suspension, cal reason of his disapproval and

Chapter IV. The National ... -

Assembly.

Art. 43. The Chung Yi-yuan may pass a vote of want of con- Gidence on the Cabinet Ministers

The above decision shall ta made by ballet and shall be con aidered as passed when supported by a majority of votes.

Art. 20. The Irgis'a ive power of Chong Elua Min Kuo is ex-members prosent. To develop the national dignity orcised by the National Assembly. to consolidate the foundation of

At 21 The National Ae the country, to advance the in-mbly shall consist of the Tsan terest of Scolety, and uphold the Yi Yoan and the Chung Yi Yoan sacredness of humainty, the Eas- Art. 24. The Teun Yi Yuan sion of the National Assembly shall be organized by Senators for passing the Constitution of the elected by the highest local as Chinese Republic e bereby combles fixed by Law and other adopted this Constitution which Eltstoral Bodies. "shall be published to the while country, to be observed by all and preserved forever more.

Chapters The Form of Government.

Art. 1 Chung Dua Min Kuo shall forever be a Republican

Union. Chapter 11. National Territory,

Art. 2 The National Territory of Chang Hua Min Kuo shall be according to the dominion, nation- al territory and division, which it hitherto has had. and no change should be made unless it is done in accordance with the law.

Chapter II. The Citizens. Art. 3. Those who are of Chinese nationality according to law shall

be called citizens of Chung Hus Min Kuo..

Art. 4. Among Citizensof Chung Hua Min Kuo there shall be no racial, class or religious distinc- tions, but all are equal before the law:

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Art 44. With regard to the trial by the Ching Yi-gaan of an

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Art. 23. The Chung Yi Yuan impeached President, Vice-Pre/expiration of the term, the mem-not be done more than twice, request the National Assembly to tors shall be 9 years, elections for

The period of office of the sudi- bera of the National Assembly of and on eich occasion it should not re consider same. If two thirds for one third of their number shall be organized by the resident or Cabinst Minister, the Republic shall convene and exceed 10 days.

or more of the members of both shall take place every three years. presentatives elected by the varjudgment shall be passed without organize by themselves the elec Art. 76. With the concurrence Houses present shall hold to the fous electoral districts in proport the approval of more than two toral college to elect the Pres-of two thirds or more of the mom former decision, the bill shall be of the auditors shall be fixed by The election, and the duties ion to the inhabitants" of these third of the members present.

ident for the next period,

bers of the Tean Yi Yuan profont, promulgated.

law. districte.

When a verdict of guilty is Art. 61. When the President the President may dissolve the Art. 94. The law shall not be Art. 34. The election of the pronounced on the President or takes up his post he shall make Chung Yi Yuan, but there must altered or repealed except in ac-of the Audit Bureau, who shell be Art. 109. There shall be a chief members to bab Houser shall be Vice-President he shall be dea cath as follows: "I hereby not ba a second dissolution within cordance with law. fixed by Law....

prived of his post, but as regards awear respectfully that I will most one period.

elected by the auditors them-. Art 25. No person, whoever be

selves. may be, shall be a member of both Houses at the same time.

Art. 26. With the exception of Cabinet Minister no member of either house abel! hold addition

ally any official post, civil or military.

Court:

duties of the President."

Chapter XI. Annex,

the infliction of punishment, this sincerely obey the Constitution, When the Chung Yi Yuan is Chapter X. S'ate Accounts. shall be decided by the Supreme and faithfully discharge the dissolved by the President anotber Art. 05. The introduction of

election shall take place, and new taxes and alterations in the Ast 110. The National Assem When a verdict of guilty is Art. 62. Should the post of the writs should be issued for the rate of taxation shall be fixed by ble may bring up billa for the amendment of the National Con- pronounced upon a Cabinet Minis- President become vacant, the convocation of the House at a law.

Art. 98. "Those taxes which stitution." office or forfeit bis public rights.until the expiration of the term ter, he shall be deprived of his Vice-President shall succeed him fired date within five months.

Art. 77. With the exception of are now in force, and have not Unloss such bills be approved Art.45. Both Hout pa shall have of office of the President. Should high treason no other charges yet been altered by law, shall be by two thirds of the members of the right to make suggestions to the President be unable to dis-against the President during the levied as heretofore.

both Houses present they shall not the Government.

charge bis duty for some cause tenure of his officeshall be brought

be introduced. Art 46. Both Houses shall re- the Vice-President éltall act for against him after he has vacated Art. 28. The term of office forceive and consider the petitions him.

hig öflice... a member of the Tean Yi Yuan of the citizens.

Should the Vice-President Art. 78. The salaries of the shall be 6 years. Oas third of Art. 47. The members of vacate his post at the same time President and the Vice-President the members shall be re-alected either "House may introduce in- the Cabinet skall officiate for the shall be fixed by law. every two years.

Art. 27. Qualificationsofa mem-

bar of either House shall be fixed by themselves respectively. ⠀

Art. 29. The term of office for

a member of the Chung Yi Yuan shall be four years.

Art. 30. Bo.h Houses shall each

}:

Chapter VII, The Cabinet.

Art. 97. The approval of the National Assembly must be ob tained for national loans, or the conclusion of agreements which tend to increase the burden of the National Treasury...

Unless any auch bill be counter- signed by one fourth of the members of his House no mem- ber of either House shall raise the question of the amendment of the terpellations to the Members of President, but at the same time

Art. 98. The Chung Yi Yuan National Constitution. the Cabinet, and insist on their the members of the National

shall have the first right to dis-

Art. 111. With regard to the being present in the Assembly to Assembly of the Chiness Re- Art. 79. The Cabinet shall be l'ouss any bill of law in connection amendment of the National Con- make replies thereto.

publio shall convene themselves organized by the Cabinet Minis- with finance.

stitution a Joint Session for the Art. 48. Members of either within three monthe to organize ters..

"Art. 90. An estimate of the Constitution shall be organized appoint a Speaker and a Vice-House shall not, outside the House on electoral college to elect a new Art. 80. The Premier and the annual payment and annual by the members of the National Art. 5. No citizen of Chiang Speaker, who shall be elected bo responsible for opinions ex-President.

Ministers shall be called Cabinet receipts of the nation shall be Assembly to discuss the Bill. Has shall be arrested, imprisoned, from among the members of the pressed ar d votes cast in the As- Art. 63. The President shall Ministers,

compiled in advance in the form

Unlese thore ha a qourum of tried or punished except in ac- respective Houses,

sembly.

be relieved from his duty at the Art. 81. The appointmont of the of a Budget, by the Government, two thirds of the total number of "oordance with the law.

Art. 31. The National Assembly Art. 49. Daring the session expiration of his term of office. President shall first be approved which shall submit same to the members of the National Assem- Art. 6. The habitation of any itself shall convene open and members of both Houses shall not If at the end of the period the by the Chung Yi Yusa. -

Chung Yi Yann for passage at bly no Joint Session can be held, aitizen of Chung Hoa shall not be closs its sessione.

be arrested, detained or tried with new President has not yet been Should a vacancy in the Pre- the beginning of the opening of and unless thres fourths of the entered or searched except in ac- Art. 32. The period for the out the permission of their respec- elected, or having been elected miership occur during the time the session of the National As members present vote in favour cordance with the Law.

no amendment can be passed.. ordinary session in the National Live Houses, except for fagrant should he be unable to be in- of the adjournment of the Nation-sembly.

augurated as President and the al Assembly, the President may Should the Tean Yi Yusn Art. 112. No proposal for a Assembly shall be four months,ffences

Vice-President is also unable to with the concurrence of the Com-amond or reject the Budget pass change of the form of Govern-: which can be prolonged.

act as President, the Cabinet mittes for the National Assembly ed by the Chung Yi Yuan, it ment can be discussed. eball officiato for the President, appoint a person to act for the should forward its amendment, or Art. 113. Should there be any

Art. 64. The election of the Premier.attr

ita decision to reject to the Chung doubt regarding the meaning of Vice-President shall be according Art. 82. Cabinet Ministers shall Yi Yuan for approval, and if no the text of the Constitution, it to the regulations fixed for the assist the President in assuming approval be given the Badget shall be interpreted by a Joint election of the President, and the responsibilities

the shall be considered as being Session of the Assembly for the election of the Vice President Chung Yi Yuan,

Constitution

Art. 7, Citizens of Chung Hus ahall have the right of scoreoy of their letters, except where other. wise provided by Law..

Art. 8. Citizens of Chang Hun shall have the liberty of choice of residence, and of freedom of trade; except according to law there

hall be no restrictions thereof.

Art, 50. The public allowance At 33. The ordinary session of the members of above Houses of the National Assemily shalisha'l be fixed by Law. begin on the 1st day of the 3rd. month in each year.

Art. 34. An Extraordinary cossion of the National Assembly shall be convoked by a despatch

Chapter V: The Committee of the National Assembly,

Art. 51. Before the close of the of the rdinary annual sequio

towards

passed