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Principles of Constitution (Hsien-Fa Ta-Kang)

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APPENDIX A PRINCIPLES OF CONSTITUTION (HSIEN-FA TA-KANG) September 22, 19081 The Powers 01 the Sovereign I. The Emperor of the Grand Ch'ing Dynasty [Ta Ch'ing] shall rule supreme over the Grand Ch'ing Empire for ten thousand generations in succession and be honored forever. z. The sacred majesty of the sovereign may not be offended against. 3. The sovereign enacts and promulgates laws and determines what may be assigned to others for deliberation. (Laws passed by parliament shall not become effective without the approval and promulgation by the sovereign.) 4. The sovereign has the power to convoke, to open and close, to suspend or extend the time of, and to dissolve parliament. (On the dissolution of the parliament, the people shall be called upon to elect new members of parliament. The members of the old parliament shall be classed with the common people. If any of them raises objection, he shall be punished by the appropriate law according to circumstances.) 5. The sovereign has power to appoint and dismiss all officials and to fix their salaries. (The power of appointment rests with the sovereign upon the advice of his grand ministers. The parliament may not interfere with this power.) 6. The sovereign has supreme command over the army and navy, and the power to make all regulations concerning them. (The sovereign has the absolute power to dispatch armies and to fix the number of troops. Parliament may not interfere in military affairs.) 7. The sovereign has the power to declare war and make peace, to conclude treaties, and to appoint and receive diplomatic envoys. (National foreign relations shall be controlled by the sovereign only, without the advice of the parliament.) 8. The sovereign has the power to declare martial law and, in time of emergen­ cy, to restrict the personal liberty of the subjects. 9. The sovereign has the power to confer distinctions and to grant pardons. (Mercy is from above. Officials, below, may not arrogate it to themselves.) IO. The sovereign has supreme power over the administration of the laws and the appointment of judges, but he shall act in accordance with the im­ perially sanctioned laws and shall not alter them by decrees. (Power to administer the law rests with the sovereign. Judges are appointed by the sovereign to act 1 Promulgated by the Manchu Government. Translation based on U.S. Department of State, Pape,s Relating to the FOf'eign Relations 0/ the United States, 1908 (Washington, 1912), pp. 194-195, with modifications by the author. The date according to Chinese traditional calendar was August 27, 1908. APPENDIX A for him in the administration of the laws. Changes shall not be made by imperial decrees and the imperially sanctioned laws must be treated as final in order to avoid confusion, because the interests at stake in judicial cases are important.) II. The sovereign has the power to issue imperial decrees or to cause them to be issued; but he shall not change or abrogate laws which have already received imperial sanction, without first obtaining the advice of parliament. (Statutes proceed from his judicial power and imperial decrees from his executive power. As the two powers should be separate, imperial decrees must not be used to abrogate statutes.) IZ. When parliament is not in session, the sovereign may, in case of urgent necessity, issue Imperial decrees with the same effect as laws and raise the neces­ sary funds. But he shall refer these matters to the parliament when it meets next year. I3. The expenses of the Imperial Household shall be fixed by the sovereign and drawn from the national treasury. Parliament shall not interfere with this power. I4. The grand ceremonies of the Imperial Household shall be decided by the sovereign with the assistance of the members of the royal family and his specially appointed ministers. Parliament shall not interfere with this power. Rights and Duties of the Subjects (Details shall be stipulated at the time of drafting the constitution.) I. All subjects, who have the qualifications prescribed by law, are eligible for appointment as civil and military officials and members of parliament. z. All subjects shall have freedom of speech, press and assembly within the scope of law. 3. Subjects shall not be liable to arrest, imprisonment or punishment except as prescribed by law. 4. Subjects may ask the judicial officials to judge their cases. 5. Subjects can be tried only by the courts specified by law. 6. The property and dwellings of subjects shall not be disturbed without cause. 7. Subjects shall have the obligation to pay taxes and render military service in accordance with the law. 8. Subjects shall continue to pay taxes at the present rate unless and until it is changed by law. 9. Subjects shall have the obligation to abide by the law of the land. APPENDIX B THE NINETEEN ARTICLES (SHIH-CHIU HSIN-T'IAO) November 3, 19II 1 Art. I. The Grand Ch'ing Dynasty shall reign forever. Art. 2. The person of the Emperor shall be inviolable. Art. 3. The power of the Emperor shall be limited by the Constitution. Art. 4. The order of succession shall be prescribed in the Constitution. Art. 5. The Constitution shall be drawn up and adopted by the National Legislative Council (Tse-cheng Yuan) and promulgated by the Emperor. Art. 6. The power of amending the Constitution shall belong to the National Assembly. Art. 7. The members of the Upper House shall be elected by the people from among those eligible for the position. Art. 8. The National Assembly shall elect the Premier, whom the Emperor will then appoint. The other Cabinet ministers shall be recommended by the Premier and appointed by the Emperor. Members of the Imperial Family shall be ineligible to serve as Premier, Cabinet ministers and administrative heads of the provinces. Art. 9. If the Premier, on being impeached by the National Assembly, does not dissolve the National Assembly, he shall resign; but one Cabinet shall not be allowed to dissolve the National Assembly more than once. Art. IO. The Emperor shall assume direct control of the army and navy; but, when this power is used with regard to internal affairs, he must observe special conditions to be prescribed by the National Assembly. Art. II. Imperial decrees shall not be made to replace law; except in the event of emergency, decrees shall be issued only for the execution of law and under the authorization of law. Art. I2. International treaties shall not be concluded without the consent of the National Assembly; but, when the National Assembly is not in session, the declaration of war and conclusion of peace may be made by the Emperor and approved by it afterwards. Art. I3. Ordinances in connection with government administration shall be prescribed by law. Art. I4. In case the Budget fails to receive the approval of the National Assembly, the Government shall not act upon the previous year's Budget nor may items of expenditures not provided for in the Budget be appended to it. The Government shall not be allowed to adopt extraordinary financial measures outside the Budget. 1 Promulgated by the Manchu Government. Translation based on The China Year Book, 1912, xxiii-xxiv, with modifications by the author. APPENDIX B 32I A,t. IS. The National Assembly shall fix the expenses of the Imperial House­ hold and any increase or decrease therein. A,t. I6. The grand ceremonies of the Imperial Family shall not be in conflict with the Constitution. A,t. I7. The agency for the adjudication of state affairs shall be established by the two houses. A ,t. I8. The Emperor shall promulgate the decisions of the National Assembly. A,t. I9. The National Legislative Council shall act upon Articles 8, 9, 10, 12, 13, 14, 15. and 18 until the opening of the National Assembly. APPENDIX C PROVISION AL CONSTITUTION OF THE REPUBLIC OF CHINA (CHUNG-HUA MIN-KUO LIN-SHIH YOEH-FA) March II, 1912 1 CHAPTER I. General Provisions Art. I. The Republic of China is composed of the Chinese people. Art. 2. The sovereignty of the Chinese Republic is vested in the people. Art. 3. The territory of the Chinese Republic consists of 22 Provinces, Inner and Outer Mongolia, Tibet and Chinghai. Arl.4. The sovereignty of the Chinese Republic is exercised by the Legisla­ tive Assembly, the Provisional President, the Cabinet and the Judiciary. CHAPTER II. Citizens Art. 5. Citizens of the Chinese Republic are all equal and there shall be no racial, class, or religious distinctions. Art. 6. Citizens shall enjoy the following rights: (I) The person of the citizens shall not be arrested, imprisoned, tried or punished except in accordance with law. (2) The residences of citizens shall not be entered or searched except in ac­ cordance with law. (3) Citizens shall enjoy the right of the security of their property and the freedom of trade. (4) Citizens shall have the freedom of speech, of writing, of publication, of assembly and of association. (5) Citizens shall have the right of the secrecy of their correspondence. (6) Citizens shall have the liberty of residence and freedom of movement. (7) Citizens shall have the freedom of religion. Art. 7. Citizens shall have the right to petition the Legislative Assembly. Art. 8. Citizens shall have the right of petitioning the administrative offices. Art. 9. Citizens shall have the right to institute proceedings before the judiciary and to receive its trial and judgments. Art. IO. Citizens shall have the right of suing officials in the administrative courts for violation of law or against their rights.
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