The Fight For The Republic in China Part 27

(f) Citizens shall have the liberty of residence and removal.

(g) Citizens shall have the freedom of religion.

Art. 7. Citizens shall have the right to pet.i.tion the Parliament.

Art. 8. Citizens shall have the right of pet.i.tioning the executive officials.

Art. 9. Citizens shall have the right to inst.i.tute proceedings before the Judiciary, and to receive its trial and judgment.

Art. 10. Citizens shall have the right of suing officials in the Administrative Courts for violation of law or against their rights.

Art. 11. Citizens shall have the right of partic.i.p.ating in civil examinations.

Art. 12. Citizens shall have the right to vote and to be voted for.

Art. 13. Citizens shall have the duty to pay taxes according to law.

Art. 14. Citizens shall have the duty to enlist as soldiers according to law.

Art. 15. The rights of citizens as provided in the present Chapter shall be limited or modified by laws, provided such limitation or modification shall be deemed necessary for the promotion of public welfare, for the maintenance of public order, or on account of extraordinary exigency.

CHAPTER III.--THE NATIONAL COUNCIL

Art. 16. The legislative power of the Chinese Republic is exercised by the National Council.

Art. 17. The Council shall be composed of members elected by the several districts as provided in Article 18.

Art. 18. The Provinces, Inner and Outer Mongolia, and Tibet shall each elect and depute five members to the Council, and Chinghai shall elect one member.

The election districts and methods of elections shall be decided by the localities concerned.

During the meeting of the Council each member shall have one vote.

Art. 19. The National Council shall have the following powers:

(a) To pa.s.s all Bills.

(b) To pa.s.s the budgets of the Provisional Government.

(c) To pa.s.s laws of taxation, of currency, and weights and measures for the whole country.

(d) To pa.s.s measures for the calling of public loans and to conclude contracts affecting the National Treasury.

(e) To give consent to matters provided in Articles 34, 35 and 40.

(f) To reply to inquiries from, the Provisional Government.

(g) To receive and consider pet.i.tions of citizens.

(h) To make suggestions to the Government on legal or other matters.

(i) To introduce interpellations to members of the Cabinet, and to insist on their being present in the Council in making replies thereto.

(j) To insist on the Government investigating into any alleged bribery and infringement of laws by officials.

(k) To impeach the Provisional President for high treason by a majority vote of three-fourths of the quorum consisting of more than four-fifths of the total number of the members.

(l) To impeach members of the Cabinet for failure to perform their official duties or for violation of the law by majority votes of two-thirds of the quorum consisting of over three-fourths of the total number of the members.

Art. 20. The National Council shall itself convoke, conduct and adjourn its own meetings.

Art. 21. The meetings of the Advisory Council shall be conducted publicly, but secret meetings may be held at the suggestion of members of the Cabinet or by the majority vote of its quorum.

Art. 22. Matters pa.s.sed by the Advisory Council shall be communicated to the Provisional President for promulgation and execution.

Art. 23. If the Provisional President should veto matters pa.s.sed by the National Council he shall, within ten days after he has received such resolutions, return the same with stated reasons to the Council for reconsideration. If by a two-thirds vote of the quorum of the Council, it shall be dealt with in accordance with Article 22.

Art. 24. The Chairman of the National Council shall be elected by ballots signed by the voting members and the one receiving more than one-half of the total number of the votes cast shall be elected.

Art. 25. Members of the National Council shall not, outside the Council, be responsible for their opinion expressed and votes cast in the Council.

Art. 26. Members of the Council shall not be arrested without the permission of the Chairman of the Council except for crimes pertaining to civil and international warfare.

Art. 27. Procedure of the National Council shall be decided by its own members.

Art. 28. The National Council shall be dissolved on the day of the convocation of the National a.s.sembly, and its powers shall be exercised by the latter.

CHAPTER IV.--THE PROVISIONAL PRESIDENT AND VICE-PRESIDENT

Art. 29. The Provisional President and Vice-President shall be elected by the National Council, and he who receives two-thirds of the total number of votes cast by a sitting of the Council consisting of over three-fourths of the total number of members shall be elected.

Art. 30. The Provisional President represents the Provisional Government as the fountain of all executive powers and for promulgating all laws.

Art. 31. The Provisional President may issue or cause to be issued orders for the execution of laws and of powers delegated to him by the law.

Art. 32. The Provisional President shall be the Commander-in-Chief of the Army and Navy of the whole of China.

Art. 33. The Provisional President shall ordain and establish the administrative system and official regulations, but he must first submit them to the National Council for its approval.

Art. 34. The Provisional President shall appoint and remove civil and military officials, but in the appointment of Members of the Cabinet, Amba.s.sadors and Ministers he must have the concurrence of the National Council.

Art. 35. The Provisional President shall have power, with the concurrence of the National Council, to declare war and conclude treaties.

Art. 36. The Provisional President may, in accordance with law, declare a state of siege.

Art. 37. The Provisional President shall, representing the whole country, receive Amba.s.sadors and Ministers of foreign countries.

Art. 38. The Provisional President may introduce Bills into the National Council.