Book: The Fight For The Republic in China

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(4) To reply to the inquiries addressed to it by the Government.

(5) To receive petitions of the people.

(6) To bring up bills on law.

(7) To bring up suggestions and opinions before the President regarding
law and other affairs.

(8) To bring out the doubtful points of the administration and request
the President for an explanation; but when the President deems it
necessary for a matter to be kept secret he may refuse to give the
answer.

(9) Should the President attempt treason the Li Fa Yuan may institute
judicial proceedings in the Supreme Court against him by a three-fourths
or more vote of a four-fifths attendance of the total membership.

Regarding the clauses from 1 to 8 and articles 20, 25, 28, 55 and 27,
the approval of a majority of more than half of the attending members
will be required to make a decision.

Art. 32. The regular annual session of the Li Fa Yuan will be four
months in duration; but when the President deems it necessary it may be
prolonged. The President may also call special sessions when it is not
in session.

Art. 33. The meetings of the Li Fa Yuan shall be "open sessions," but
they may be held in secret at the request of the President or the
decision of the majority of more than half of the members present.

Art. 34. The law bills passed by the Li Fa Yuan shall be promulgated by
the President and enforced.

When the President vetoes a law bill passed by the Li Fa Yuan he must
give the reason and refer it again to the Li Fa Yuan for
reconsideration. If such bill should be again passed by a two-thirds
vote of the members present at the Li Fa Yuan but at the same time the
President should firmly hold that it would greatly harm the internal
administration or diplomacy to enforce such law or there will be great
and important obstacles against enforcing it, he may withhold
promulgation with the approval of the Tsan Cheng Yuan.

Art. 35. The Speaker and vice-Speaker of the Li Fa Yuan shall be elected
by and from among the members themselves by ballot. The one who secures
more than half of the votes cast shall be considered elected.

Art. 36. The members of the Li Fa Yuan shall not be held responsible to
outsiders for their speeches, arguments and voting in the House.

Art. 37. Except when discovered in the act of committing a crime or for
internal rebellion or external treason, the members of the Li Fa Yuan
shall not be arrested during the session period without the permission
of the House.

Art. 38. The House laws of the Li Fa Yuan shall be made by the House
itself.

CHAPTER V.--THE ADMINISTRATION

Art. 39. The President shall be the Chief of the Administration. A
Secretary of State shall be provided to assist him.

Art. 40. The affairs of the Administration shall be separately
administered by the Ministries of Foreign Affairs, of Interior, of
Finance, of Army, of Navy, of Justice, of Education, of Agriculture and
Commerce and of Communications.

Art. 41. The Minister of each Ministry shall control the affairs in
accordance with law and orders.

Art. 42. The Secretary of State, Ministers of the Ministries and the
special representative of the President may take seats in the Li Fa Yuan
and express their views.

Art. 43. The Secretary of State or any of the Ministers when they commit
a breach of law shall be liable to impeachment by the Censorate
(Suchengting) and trial by the Administrative Court.

CHAPTER VI.--THE JUDICIARY

Art. 44. The judicial power shall be administered by the Judiciary
formed by the judicial officials appointed by the President.

The organization of the Judiciary and the qualifications of the Judicial
officials shall be fixed by law.

Art. 45. The Judiciary shall independently try and decide cases of civil
and criminal law suits according to law. But with regard to
administrative law suits and other special law cases they shall be
attended to according to the provisions of this law.

Art. 46. As to the procedure the Supreme Court should adopt for the
impeachment case stated in clause 9 of article 31, special rules will be
made by law.

Art. 47. The trial of law suits in the judicial courts should be open to
the public; but when they are deemed to be harmful to peace and order or
good custom, they may be held _in camera_.

Art. 48. The judicial officials shall not be given a reduced salary or
shifted from their posts when functioning as such, and except when a
sentence has been passed upon him for punishment or he is sentenced to
be removed, a judicial official shall not be dismissed from his post.

The regulations regarding punishment shall be fixed by law.

CHAPTER VII.--THE TSAN CHENG YUAN

Art. 49. The Tsan Cheng Yuan shall answer the inquiries of the President
and discuss important administrative affairs.

The organization of the Tsan Cheng Yuan shall be fixed by the
Provisional Constitution Conference.

CHAPTER VIII.--FINANCES

Art. 50. Levying of new taxes and dues and change of tariff shall be
decided by law.

The taxes and dues which are now in existence shall continue to be
collected as of old except as changed by law.

Art. 51. With regard to the annual receipts and expenditures of the
nation, they shall be dealt with in accordance with the Budget approved
by the Li Fa Yuan.

Art. 52. For special purposes continuous expenditures for a specified
number of years may be included in the budget.

Art. 53. To prepare for any deficiency of the budget and expenses needed
outside of the estimates in the budget, a special reserve fund must be
provided in the budget.

Art. 54. The following items of expenditures shall not be cancelled or
reduced except with the approval of the President:--

1. Any duties belonging to the nation according to law.

2. Necessities stipulated by law.

3. Necessities for the purpose of carrying out the treaties.

4. Expenses for the Army and Navy.

Art. 55. For national war or suppression of internal disturbance or
under unusual circumstances when time will not permit to convoke the Li
Fa Yuan, the President may make emergency disposal of finance with the
approval of the Tsan Cheng Yuan, but in such case he shall ask the Li Fa
Yuan for indemnification at its next session.

Art. 56. When a new Budget cannot be established, the Budget of the
previous year will be used. The same procedure will be adopted when the
Budget fails to pass at the time when the fiscal year has begun.

Art. 57. When the closed accounts of the receipts and expenditures of
the nation have been audited by the Board of Audit, they shall be
submitted by the President to the Li Fa Yuan for approval.

Art. 58. The organization of the Board of Audit shall be fixed by the
Provisional Constitution Conference.

CHAPTER IX.--PROCEDURE OF CONSTITUTION MAKING

Art. 59. The Constitution of Chung Hua Min Kuo shall be drafted by the
Constitution Draft Committee, which shall be organized with the members
elected by and from among the members of the Tsan Cheng Yuan. The number
of such drafting Committee shall be limited to ten.

Art. 60. The Bill on the Constitution of Chung Hua Min Kuo shall be
fixed by the Tsan Cheng Yuan.

Art. 61. When the Bill on the Constitution of the Chung Hua Min Kuo has
been passed by the Tsan Cheng Yuan, it shall be submitted by the
President to the Citizens' Conference for final passage.

The organization of the Citizens' Conference shall be fixed by the
Provisional Constitution Conference.

Art. 62. The Citizens' Conference shall be convoked and dissolved by the
President.

Art. 63. The Constitution of Chung Hua Min Kuo shall be promulgated by
the President.

CHAPTER X.--APPENDIX

Art. 64.--Before the Constitution of Chung Hua Min Kuo comes into force
this Provisional Constitution shall have equal force to the Permanent
Constitution.

The order and instructions in force before the enforcement of this
Provisional Constitution shall continue to be valid, provided that they
do not come into conflict with the provisions of this Provisional
Constitution.

Art. 65. The articles published on the 12th of the Second Month of the
First Year of Chung Hua Min Kuo, regarding the favourable treatment of
the Ta Ching Emperor after his abdication, and the special treatment of
the Ching Imperial Clan, as well as the special treatment of the
Manchus, Mongols, Mahommedans and Tibetans shall never lose their
effect.

As to the Articles dealing with the special treatment of Mongols in
connexion with the special treatment articles, it is guaranteed that
they shall continue to be effective, and that the same will not be
changed except by law.

Art. 66. This Provisional Constitution may be amended at the request of
two-thirds of the members of the Li Fa Yuan, or the proposal of the
President, by a three-fourths majority of a quorum consisting of
four-fifths or more of the whole membership of the House. The
Provisional Constitution Conference will then be convoked by the
President to undertake the amendment.

Art. 67. Before the establishment of the Li Fa Yuan the Tsan Cheng Yuan
shall have the duty and authority of the former and function in its
stead.

Art. 68. This Provisional Constitution shall come into force from the
date of promulgation. The Temporary Provisional Constitution promulgated
on the 11th day of the Third Month of the First Year of the Min Kuo
shall automatically cease to have force from the date on which this
Provisional Constitution comes into force.


THE PRESIDENTIAL SUCCESSION

_Passed by a puppet political body and promulgated by Yuan Shih-kai on
December 29, 1914_

Article 1. A male citizen of the Republic of Chung Hua, possessing the
rights of citizenship, 40 or more years of age and having resided in the
Republic for not less than 20 years shall be eligible for election as
President.

Art. 2. The Presidential term shall be ten years with eligibility for
re-election.

Art. 3. At the time of the Presidential Election the then President
shall, representing the opinion of the people carefully and reverently
nominate (recommend) three persons, with the qualifications stated in
the first Article, as candidates for the Presidential Office.

The names of these nominated persons shall be written by the then
President on a gold Chia-ho-plate, sealed with the National Seal and
placed in a gold box, which shall be placed in a stone house in the
residence of the President.

The key of the box will be kept by the President while the keys to the
Stone House shall be kept separately by the President, the Chairman of
the Tsan Cheng Yuan and the Secretary of State. The Stone House may not
be opened without an order from the President.

Art. 4. The Presidential Electoral College shall be organized with the
following members:

1. Fifty members elected from the Tsan Cheng Yuan.

2. Fifty members elected from the Li Fa Yuan.

The said members shall be elected by ballot among the members
themselves. Those who secure the largest number of votes shall be
elected. The election shall be presided over by the Minister of
Interior. If it should happen that the Li Fa Yuan is in session at the
time of the organization of the Presidential Electoral College, the
fifty members heading the roll of the House and then in the Capital,
shall be automatically made members of the Electoral College.

Art. 5. The Electoral College shall be convocated by the President and
organized within three days before the election.

Art. 6. The house of the Tsan Cheng Yuan shall be used as a meeting
place for the Presidential Electoral College. The chairman of the Tsan
Cheng Yuan shall act as the chairman of the College.

If the Vice-President is the chairman of the Tsan Cheng Yuan or for
other reasons, the chairman of the Li Fa Yuan shall act as the chairman.

Art. 7. On the day of the Presidential Election the President shall
respectfully make known to the Presidential Electoral College the names
of the persons recommended by him as qualified candidates for the
Presidential office.

Art. 8. The Electoral College may vote for the re-election of the then
President, besides three candidates recommended by him.

Art. 9. The single ballot system will be adopted for the Presidential
Election. There should be an attendance of not less than three-fourths
of the total membership. One who receives a two-thirds majority or
greater of the total number of votes cast shall be elected. If no one
secures a two-thirds majority the two persons receiving the largest
number of votes shall be put to the final vote.

Art. 10. When the year of election arrives should the members of the
Tsan Cheng Yuan consider it a political necessity, the then President
may be re-elected for another term by a two-thirds majority of the Tsan
Cheng Yuan without a formal election. The decision shall then be
promulgated by the President.

Art. 11. Should the President vacate his post before the expiration of
his term of office a special Presidential Electoral College shall be
organized within three days. Before the election takes place the
Vice-President shall officiate as President according to the provisions
of Article 29 of the Constitutional Compact and if the Vice-President
should also vacate his post at the same time, or be absent from the
Capital or for any other reasons be unable to take up the office, the
Secretary of State shall officiate but he shall not assume the duties of
clauses I and 2, either as a substitute or a temporary executive.

Art. 12. On the day of the Presidential Election, the person officiating
as President or carrying on the duties as a substitute shall notify the
Chairman of the Special Presidential Electoral College to appoint ten
members as witnesses to the opening of the Stone House or the Gold Box,
which shall be carried reverently to the House and opened before the
assembly and its contents made known to them. Votes shall then be
forthwith cast for the election of one of the three candidates
recommended as provided for in article 9.

Art. 13. Whether at the re-election of the old President or the
assumption of office of the new President, he shall take oath in the
following words at the time of taking over the office:

"I swear that I shall with all sincerity adhere to the Constitution and
execute the duties of the President. I reverently swear."

Before the promulgation of the Constitution it shall be specifically
stated in the oath that the President shall adhere to the Constitutional
Compact.

Art. 14. The term of office for the Vice-President shall be the same as
that of the President. Upon the expiration of the term, three
candidates, possessing the qualifications of article 1, shall be
nominated by the re-elected or the new President, for election. The
regulations governing the election of the President shall be applicable.

Should the Vice-President vacate his post before the expiration of his
term for some reasons, the President shall proceed according to the
provisions of the preceding article.

Art. 15. The Law shall be enforced from the date of promulgation.

On the day of enforcement of this Law the Law on the Election of the
President as promulgated on the 5th day of the 10th Month of the 2nd
Year of the Min Kuo shall be cancelled.




APPENDIX

DOCUMENTS IN GROUP III


(1) The Russo-Chinese agreement of 5th November, 1913, which affirmed
the autonomy of Outer Mongolia.

(2) The Russo-Chinese-Mongolian tripartite agreement of the 7th June,
1915, ratifying the agreement of the 5th November, 1913.

(3) The Chino-Japanese Treaties and annexes of the 25th May, 1915, in
settlement of the Twenty-one Demands of the 18th January, 1915.


THE RUSSO-CHINESE AGREEMENT REGARDING OUTER MONGOLIA

(Translation from the official French Text)

DECLARATION

The Imperial Russian Government having formulated the principles on
which its relations with China on the subject of Outer Mongolia should
be based; and the Government of the Republic of China having signified
its approval of the aforesaid principles, the two Governments have come
to the following agreement:

Article I. Russia recognizes that Outer Mongolia is placed under the
suzerainty of China.

Art. II. China recognizes the autonomy of Outer Mongolia.

Art. III. Similarly, recognizing the exclusive right of the Mongols of
Outer Mongolia to carry on the internal administration of autonomous
Mongolia and to regulate all commercial and industrial questions
affecting that country, China undertakes not to interfere in these
matters, nor to dispatch troops to Outer Mongolia nor to appoint any
civil or military officer nor to carry out any colonization scheme in
this region. It is nevertheless understood that an envoy of the Chinese
Government may reside at Urga and be accompanied by the necessary staff
as well as an armed escort. In addition the Chinese Government may, in
case of necessity, maintain her agents for the protection of the
interests of her citizens at certain points in Outer Mongolia to be
agreed upon during the exchange of views provided for in Article V of
this agreement. Russia on her part undertakes not to quarter troops in
Outer Mongolia, excepting Consular Guards, nor to interfere in any
question affecting the administration of the country and will likewise
abstain from all colonization.

Art. IV. China declares herself ready to accept the good offices of
Russia in order to establish relations in conformity with the principles
mentioned above and with the stipulations of the Russo-Mongolian
Commercial Treaty of the 21st October, 1912.

Art. V. Questions affecting the interests of Russia and China in Outer
Mongolia which have been created by the new conditions of affairs in
that country shall be discussed at subsequent meetings. In witness
whereof the undersigned, duly authorized to that effect, have signed and
sealed the Present Declaration. Done in Duplicate in Peking on the 5th
November, 1913, corresponding to the 5th Day of the 11th Month of the
Second Year of the Republic of China.

(Signed) B. KRUPENSKY.

(Signed) SUN PAO CHI.

ADDENDUM

In signing the Declaration of to-day's date covering Outer Mongolia, the
undersigned Envoy Extraordinary and Minister Plenipotentiary of His
Majesty the Emperor of all the Russias, duly authorized to that effect,
has the honour to declare in the name of his Government to His
Excellency Monsieur Sun Pao Chi, Minister of Foreign Affairs of the
Republic of China as follows:

I. Russia recognizes that the territory of Outer Mongolia forms part of
the territory of China.

II. In all questions affecting matters of a political or territorial
nature, the Chinese Government will come to an understanding with the
Russian Government by means of negotiations at which the authorities of
Outer Mongolia shall take part.

III. The discussions which have been provided for in Article V of the
Declaration shall take place between the three contracting parties at a
place to be designated by them for that purpose for the meeting of their
delegates.

IV. Autonomous Outer Mongolia comprises the regions hitherto under the
jurisdiction of the Chinese Amban of Urga, the Tartar General of
Uliasoutai and the Chinese Amban of Kobdo. In view of the fact that
there are no detailed maps of Mongolia, and that the boundaries of the
administrative divisions of this country are ill-defined, it is hereby
agreed that the precise boundaries of Outer Mongolia, as well as the
delimitation of the district of Kobdo and the district of Altai, shall
be the subject of subsequent negotiations as provided for by Article V
of the Declaration.

The undersigned seizes the present occasion to renew to His Excellency
Sun Pao Chi the assurance of his highest consideration.

(Signed) B. KRUPENSKY.

In signing the Declaration of to-day's date covering Outer Mongolia, the
undersigned Minister of Foreign Affairs of the Republic of China, duly
authorized to that effect, has the honour to declare in the name of his
Government to His Excellency Monsieur Krupensky, Envoy Extraordinary and
Minister Plenipotentiary of His Majesty the Emperor of all the Russias
as follows:

I. Russia recognizes that the territory of Outer Mongolia forms part of
the territory of China.

II. In all questions affecting matters of a political or territorial
nature, the Chinese Government will come to an understanding with the
Russian Government by means of negotiations at which the authorities of
Outer Mongolia shall take part.

III. The discussions which have been provided for in Article V of the
Declaration shall take place between the three contracting parties at a
place to be designated by them for that purpose for the meeting of their
delegates.

IV. Autonomous Outer Mongolia comprises the regions hitherto under the
jurisdiction of the Chinese Amban of Urga, the Tartar General of
Uliasoutai and the Chinese Amban of Kobdo. In view of the fact that
there are no detailed maps of Mongolia, and that the boundaries of the
administrative divisions of this country are ill-defined, it is hereby
agreed that the precise boundaries of Outer Mongolia, as well as the
delimitation of the district of Kobdo and the district of Altai, shall
be the subject of subsequent negotiations as provided for by Article V
of the Declaration.

The Undersigned seizes the present occasion to renew to His Excellency
Monsieur Krupensky the assurance of his highest consideration.

(Signed) SUN PAO CHI.


SINO-RUSSO MONGOLIAN AGREEMENT

(Translation from the French)

The President of the Republic of China, His Imperial Majesty the Emperor
of all Russias, and His Holiness the Bogdo Djembzoun Damba Khoutoukhtou
Khan of Outer Mongolia, animated by a sincere desire to settle by mutual
agreement various questions created by a new state of things in Outer
Mongolia, have named for that purpose their Plenipotentiary Delegates,
that is to say:

The President of the Republic of China, General Py-Koue-Fang and
Monsieur Tcheng-Loh, Envoy Extraordinary and Minister Plenipotentiary of
China to Mexico;

His Imperial Majesty the Emperor of all Russias, His Councillor of
State, Alexandre Miller, Diplomatic Agent and Consul-General in
Mongolia; and His Holiness the Bogdo Djembzoun Damba Khoutoukhtou Khan
of Outer Mongolia, Erdeni Djonan Beise Shirnin Damdin, Vice-Chief of
Justice, and Touchetou Tsing Wang Tchakdourjab, Chief of Finance, who
having verified their respective full powers found in good and due form,
have agreed upon the following:

Article 1. Outer Mongolia recognizes the Sino-Russian Declaration and
the Notes exchanged between China and Russia of the fifth day of the
eleventh month of the second year of the Republic of China (23rd
October, 1913. Old style).

Art. 2. Outer Mongolia recognizes China's suzerainty. China and Russia
recognize the autonomy of Outer Mongolia forming part of Chinese
territory.

Art. 3. Autonomous Mongolia has no right to conclude international
treaties with foreign powers respecting political and territorial
questions.

As respects questions of a political and territorial nature in Outer
Mongolia, the Chinese Government engages to conform to Article II of the
Note exchanged between China and Russia on the fifth day of the eleventh
month of the second year of the Republic of China, 23rd October, 1913.

Art. 4. The title: "Bogdo Djembzonn Damba Khoutoukhtou Khan of Outer
Mongolia" is conferred by the President of the Republic of China. The
calendar of the Republic as well as the Mongol calendar of cyclical
signs are to be used in official documents.

Art. 5. China and Russia, conformably to Article 2 and 3 of the
Sino-Russian Declaration of the fifth day of the eleventh month of the
second year of the Republic of China, 23rd October, 1913, recognize the
exclusive right of the autonomous government of Outer Mongolia to attend
to all the affairs of its internal administration and to conclude with
foreign powers international treaties and agreements respecting
questions of a commercial and industrial nature concerning autonomous
Mongolia.

Art. 6. Conformably to the same Article III of the Declaration, China
and Russia engage not to interfere in the system of autonomous internal
administration existing in Outer Mongolia.

Art. 7. The military escort of the Chinese Dignitary at Urga provided
for by Article III of the above-mentioned Declaration is not to exceed
two hundred men. The military escorts of his assistants at Ouliassoutai,
at Kobdo, and at the Mongolian-Kiachta are not to exceed fifty men each.
If, by agreement with the autonomous government of Outer Mongolia,
assistants of the Chinese Dignitary are appointed in other localities of
Outer Mongolia, their military escorts are not to exceed fifty men each.

Art. 8. The Imperial Government of Russia is not to send more than one
hundred and fifty men as consular guard for its representative at Urga.
The military escorts of the Imperial consulates and vice-consulates of
Russia, which have already been established or which may be established
by agreement with the autonomous government of Outer Mongolia, in other
localities of Outer Mongolia, are not to exceed fifty men each.

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