The Fight For The Republic in China Part 28

Art. 39. The Provisional President may confer decorations and other insignia of honour.

Art. 40. The Provisional President may declare general amnesty, grant special pardon, commute punishment, and restore rights, but in the case of a general amnesty he must have the concurrence of the National Council.

Art. 41. In case the Provisional President is impeached by the National Council he shall be tried by a special Court consisting of nine judges elected among the justices of the Supreme Court of the realm.

Art. 42. In case the Provisional President vacates his office for various reasons, or is unable to discharge the powers and duties of the said office, the Provisional Vice-President shall take his place.

CHAPTER V.--MEMBERS OF THE CABINET

Art. 43. The Premier and the Chiefs of the Government Departments shall be called Members of the Cabinet (literally, Secretaries of State Affairs).

Art. 44. Members of the Cabinet shall a.s.sist the Provisional President in a.s.suming responsibilities.

Art. 45. Members of the Cabinet shall countersign all Bills introduced by the Provisional President, and all laws and orders issued by him.

Art. 46. Members of the Cabinet and their deputies may be present and speak in the National Council.

Art. 47. Upon members of the Cabinet having been impeached by the National Council, the Provisional President may remove them from office, but such removal shall be subject to the reconsideration of the National Council.

CHAPTER VI.--THE JUDICIARY

Art. 48. The Judiciary shall be composed of those judges appointed by the Provisional President and the Minister of Justice.

The organization of the Courts and the qualifications of judges shall be determined by law.

Art. 49. The Judiciary shall try civil and criminal cases, but cases involving administrative affairs or arising from other particular causes shall be dealt with according to special laws.

Art. 50. The trial of cases in the law Courts shall be conducted publicly, but those affecting public safety and order may be _in camera_.

Art. 51. Judges shall be independent, and shall not be subject to the interference of higher officials.

Art. 52. Judges during their continuance in office shall not have their emoluments decreased and shall not be transferred to other offices, nor shall they be removed from office except when they are convicted of crimes, or of offences punishable according to law by removal from office.

Regulations for the punishment of judges shall be determined by law.

CHAPTER VII.--SUPPLEMENTARY ARTICLES

Art. 53. Within ten months after the promulgation of this Provisional Const.i.tution the Provisional President shall convene a National a.s.sembly, the organization of which and the laws for the election of whose members shall be decided by the National Council.

Art. 54. The Const.i.tution of the Republic of China shall be adopted by the National a.s.sembly, but before the promulgation of the Const.i.tution, the Provisional Const.i.tution shall be as effective as the Const.i.tution itself.

Art. 55. The Provisional Const.i.tution may be amended by the a.s.sent of two-thirds of the members of the National Council or upon the application of the Provisional President and being pa.s.sed by over three-fourths of the quorum of the Council consisting of over four-fifths of the total number of its members.

Art. 56. The present Provisional Const.i.tution shall take effect on the date of its promulgation, and the fundamental articles for the organization of the Provisional Government shall cease to be effective on the same date.

Sealed by

THE NATIONAL COUNCIL.

THE PRESIDENTIAL ELECTION LAW

_Pa.s.sed October 4 1913, by the National a.s.sembly and promulgated by the then Provisional President on October 5 of the same year_.

Article 1. A citizen of the Chinese Republic, who is ent.i.tled to all the rights of citizenship, is 40 years or more in age and has resided in China for not less than ten years, is eligible for election as President.

Art. 2. The President shall be elected by an Electoral College organized by the members of the National a.s.sembly of the Chinese Republic.

The said election shall be held by a quorum of two-thirds or more of the entire membership of the said Electoral College and shall be conducted by secret ballot. A candidate shall be deemed elected when the number of votes in his favour shall not be less than three-fourths of the total number of votes cast at the election. If no candidate secures the requisite number of votes after two ballotings, a final balloting shall be held with the two persons, securing the greatest number of votes at the second balloting, as candidates. The one securing a majority of votes shall be elected.

Art. 3. The term of office of the President shall be five years; and if re-elected, he may hold office for one more term.

Three months previous to the expiration of the term, the members of the National a.s.sembly shall convene and organize by themselves the Electoral College to elect the President for the next period.

Art. 4. The President on taking office shall make oath as follows:

"I hereby swear that I will most sincerely obey the const.i.tution and faithfully discharge the duties of the President."

Art. 5. Should the post of the President become vacant, the Vice-President shall succeed to the same _to the end of the term of the original President_.

Should the President be unable to discharge his duties for any cause the Vice-President shall act in his stead.

Should the Vice-President vacate his post at the same time, the Cabinet shall officiate for the President. In this event the members of the National a.s.sembly of the Chinese Republic shall convene themselves within three months to organize an Electoral College to elect a new President.

Art. 6. The President shall vacate office on the expiry of his term.

Should the election of the next President or Vice-President be not effected for any cause, or having been elected should they be unable to be inaugurated, the President and Vice-President whose terms have expired shall quit their posts and the Cabinet shall officiate for them.

Art. 7. The election of the Vice-President shall be according to the fixed regulations for the election of the President, and the election of the Vice-President shall take place at the same time when the President is elected. Should there be a vacancy for the Vice-Presidency a Vice-President shall be elected according to the provisions herein set forth.

APPENDIX

Before the completion of the Formal Const.i.tution, with regard to the duties and privileges of the President the Provisional Const.i.tution regarding the same shall temporarily be followed.

"THE CONSt.i.tUTIONAL COMPACT"

_Drafted by Dr. Frank Johnson Goodnow, Legal Adviser to Yuan Shih-kai, and promulgated on May 1, 1914_

CHAPTER I.--THE NATION

Article 1. The Chung Hua Min Kuo is organized by the people of Chung Hua.

Art. 2. The sovereignty of Chung Hua Min Kuo originates from the whole body of the citizens.

Art. 3. The territory of the Chung Hua Min Kuo is the same as that possessed by the former Empire.

CHAPTER II.--THE PEOPLE