The Fight For The Republic In China
by
B.L. Putnam Weale
Part 8 out of 9
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.
8. 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, Mahomedans 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 Pa 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 electon.
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 1
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 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.
DOCUMENTS IN GROUP III
(1) The Russo-Chinese agreement of 5th November, 1918, 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, Alexandra 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 Djembzoun 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 be 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.
Art. 9. On all ceremonial or official occasions the first place of
honour is due to the Chinese Dignitary. He has the right, if
necessary, to present himself in private audience with His
Holiness Bogdo Djembzoun Damba Khoutoukhtou Khan of Outer
Mongolia. The Imperial Representative of Russia enjoys the same
right of private audience.
Art. 10. The Chinese Dignitary at Urga and his assistants in the
different localities of Outer Mongolia provided for by Article VII
of this agreement are to exercise general control lest the acts of
the autonomous government of Outer Mongolia and its subordinate
authorities may impair the suzerain rights and the interests of
China and her subjects in autonomous Mongolia.
Art. 11. Conformably to Article IV 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, 1915), the
territory of autonomous Outer Mongolia comprises the regions which
were under the jurisdiction of the Chinese Amban at Ourga, or the
Tartar-General at Ouliassoutai and of the Chinese Amban at Kobdo;
and connects with the boundary of China by the limits of the
banners of the four aimaks of Khalkha and of the district of
Kobdo, bounded by the district of Houloun-Bourie on the east, by
Inner Mongolia on the south, by the Province of Sinkiang on the
southwest, and by the districts of Altai on the West.
The formal delimitation between China and autonomous Mongolia is
to be carried out by a special commission of delegates of China,
Russia and autonomous Outer Mongolia, which shall set itself to
the work of delimitation within a period of two years from the
date of signature of the present Agreement.
Art. 12. It is understood that customs duties are not to be
established for goods of whatever origin they may be, imported by
Chinese merchants into autonomous Outer Mongolia. Nevertheless,
Chinese merchants shall pay all the taxes on internal trade which
have been established in autonomous Outer Mongolia and which may
be established therein in the future, payable by the Mongols of
autonomous Outer Mongolia. Similarly the merchants of autonomous
Outer Mongolia, when importing any kind of goods of local
production into "Inner China," shall pay all the taxes on trade
which have been established in "Inner China" and which may be
established therein in the future, payable by Chinese merchants.
Goods of foreign origin imported from autonomous Outer Mongolia
into "Inner China" shall be subject to the customs duties
stipulated in the regulations for land trade of the seventh year
of the reign of Kouang-Hsu (1881).
Art. 13. Civil and criminal actions arising between Chinese
subjects residing in autonomous Outer Mongolia are to be examined
and adjudicated by the Chinese Dignitary at Urga and by his
assistants in the other localities of autonomous Outer Mongolia.
Art. 14. Civil and criminal actions arising between Mongols of
autonomous Outer Mongolia and Chinese subjects residing therein
are to be examined and adjudicated by the Chinese Dignitary at
Urga and his assistants in the other localities of autonomous
Outer Mongolia, or their delegates, and the Mongolian authorities.
If the defendant or accused of autonomous Outer Mongolia, the
joint examination and decision of the case are to be held at the
Chinese Dignitary's place at Niga and that of his assistants in
the other localities of autonomous Outer Mongolia; if the
defendant or the accused is a Mongol of autonomous Outer Mongolia
and the claimant or the complainment is a Chinese subject, the
case is to be examined and decided in the same manner in the
Mongolian yamen. The guilty are to be punished according to their
own laws. The interested parties are free to arrange their
disputes amicably by means of arbitrators chosen by themselves.
Art. 15. Civil and criminal actions arising between Mongols of
autonomous Outer Mongolia and Russian subjects residing therein
are to be examined and decided conformably to the stipulations of
Article XVI of the Russo-Mongolian Commercial protocol of 2lst
October, 1912.
Art. 16. All civil and criminal actions arising between Chinese
and Russian subjects in autonomous Outer Mongolia are to be
examined and decided in the following manner: in an action wherein
the claimant or the complainant is a Russian subject and the
defendant or accused is a Chinese subject, the Russian Consul
personally or through his delegate participates in the judicial
trial, enjoying the same right as the Chinese Dignitary at Urga or
his delegate or his assistants in the other localities of
autonomous Outer Mongolia. The Russian Consul or his delegate
proceeds to the hearing of the claimant and the Russian witnesses
in the court in session, and interrogates the defendant and the
Chinese witnesses through the medium of the Chinese Dignitary at
Urga or his delegates or of his assistants in the other localities
of autonomous Outer Mongolia; the Russian Consul or his delegate
examines the evidence presented, demands security for
"revindication" and has recourse to the opinion of experts, if he
considers such expert opinion necessary for the elucidation of the
rights of the parties, etc.; he takes part in deciding and in the
drafting of the judgment, which he signs with the Chinese
Dignitary at Urga or his delegates or his assistants in the other
localities of Autonomous Outer Mongolia. The execution of the
judgment constitutes a duty of the Chinese authorities.
The Chinese Dignitary at Urga and his Assistants in the other
localities of autonomous Outer Mongolia may likewise personally or
through their delegates be present at the hearing of an action in
the Consulates of Russia wherein the defendant or the accused is a
Russian subject and the claimant or the complainant is a Chinese
subject. The execution of the judgment constitutes a duty of the
Russian authorities.
Art. 17. Since a section of the Kiachta-Urga-Kalgan telegraph line
lies in the territory of autonomous Outer Mongolia, it is agreed
that the said section of the said telegraph line constitutes the
complete property of the Autonomous Government of Outer Mongolia.
The details respecting the establishment on the borders of that
country and Inner Mongolia of a station to be administered by
Chinese and Mongolian employes for the transmission of telegrams,
as well as the questions of the tariff for telegrams transmitted
and of the apportionment of the receipts, etc., are to be examined
and settled by a special commission of technical delegates of
China, Russia and Autonomous Outer Mongolia.
Art. 18. The Chinese postal institutions at Urga and Mongolian
Kiachta remain in force on the old basis.
Art. 19. The Autonomous Government of Outer Mongolia will place at
the disposal of the Chinese Dignitary at Urga and of his
assistants at Ouliassoutai, Kobdo and Mongolian-Kiachta as well as
of their staff, the necessary houses, which are to constitute the
complete property of the Government of the Republic of China.
Similarly, necessary grounds in the vicinity of the residences of
the said staff are to be granted for their escorts.
Art. 20. The Chinese Dignitary at Urga and his assistants in the
other localities of autonomous Outer Mongolia and also their staff
are to enjoy the right to use the courier stations of the
autonomous Mongolian Government conformably to the stipulations of
Article XI of the Russo-Mongolian Protocol of 81st October, 1912.
Art. 21. The stipulations of the Sino-Russian declaration and the
Notes exchanged between China and Russia of the 5th day of the
11th month of the 2nd year of the Republic of China, 23rd October,
1913, as well as those of the Russo-Mongolian Commercial Protocol
of the 2lst October, 1912, remain in full force.
Art. 22. The present Agreement, drawn up in triplicate in Chinese,
Russian, Mongolian and French languages, comes into force from the
day of its signature. Of the four texts which have been duly
compared and found to agree, the French text shall be
authoritative in the interpretation of the Present Agreement.
Done at Kiachta the 7th day of the Sixth Month of the Fourth year
of the Republic of China, corresponding to the Twenty-fifth of
May, Seventh of June, One Thousand Nine Hundred Fifteen.
CHINO-JAPANESE TREATIES AND ANNEXES
COMPLETE ENGLISH TEXT OF THE DOCUMENTS
The following is an authoritative translation of the two Treaties
and thirteen Notes exchanged between His Excellency the President
of the Republic of China and His Majesty the Emperor of Japan
through their respective plenipotentiaries:
TREATY RESPECTING THE PROVINCE OP SHANTUNG
His Excellency the President of the Republic of China and His
Majesty the Emperor of Japan, having resolved to conclude a Treaty
with a view to the maintenance of general peace in the Extreme
East and the further strengthening of the relations of friendship
and good neighbourhood now existing between the two nations, have
for that purpose named as their Plenipotentiaries, that is to say:
His Excellency the President of the Republic of China, Lou Tseng-
tsiang, Chung-ching, First Class Chia Ho Decoration, Minister of
Foreign Affairs.
And His Majesty the Emperor of Japan, Hioki Eki, Jushii, Second
Class of the Imperial Order of the Sacred Treasure, Minister
Plenipotentiary, and Envoy Extraordinary:
Who, after having communicated to each other their full powers and
found them to be in good and due form, have agreed upon and
concluded the following Articles:--
Article 1. The Chinese Government agrees to give full assent to
all matters upon which the Japanese Government may hereafter agree
with the German Government relating to the disposition of all
rights, interests and concessions which Germany, by virtue of
treaties or otherwise, possesses in relation to the Province of
Shantung.
Art. 2. The Chinese Government agrees that as regards the railway
to be built by China herself from Chefoo or Lungkow to connect
with the Kiaochow-Tsinanfu railway, if Germany abandons the
privilege of financing the Chefoo-Weihsien line, China will
approach Japanese capitalists to negotiate for a loan.
Art. 3. The Chinese Government agrees in the interest of trade and
for the residence of foreigners, to open by China herself as soon
as possible certain suitable places in the Province of Shantung as
Commercial Ports.
Art. 4. The present treaty shall come into force on the day of its
signature.
The present treaty shall be ratified by His Excellency the
President of the Republic of China and His Majesty the Emperor of
Japan, and the ratification thereof shall be exchanged at Tokio as
soon as possible.
In witness whereof the respective Plenipotentiaries of the High
Contracting Parties have signed and sealed the present Treaty, two
copies in the Chinese language and two in Japanese.
Done at Peking this twenty-fifth day of the fifth month of the
fourth year of the Republic of China, corresponding to the same
day of the same month of the fourth year of Taisho.
EXCHANGE OF NOTES RESPECTING SHANTUNG
--Note--
Peking, the 25th day of the 5th month of the 4th years of the
Republic of China.
Monsieur le Ministre.
In the name of the Chinese Government I have the honour to make
the following declaration to your Government:--"Within the
Province of Shantung or along its coast no territory or island
will be leased or ceded to any foreign Power under any pretext."
I avail, etc.,
(Signed) LOU TSENG-TSIANG.
His Excellency, Hioki Eki,
Japanese Minister.
--Reply--
Peking, the 25th day of the 5th month of the 4th year of Taisho.
Excellency,
I have the honour to acknowledge the receipt of Your Excellency's
note of this day's date in which you made the following
declaration in the name of the Chinese Government:--"Within the
Province of Shantung or along its coast no territory or island
will be leased or ceded to any foreign Power under any pretext."
In reply I beg to state that I have taken note of this
declaration.
I avail, etc.,
(Signed) HIOKI EKI.
His Excellency, Lou Tseng-tsiang, Minister of Foreign Affairs.
EXCHANGE OF NOTES RESPECTING THE OPENING OF PORTS IN SHANTUNG
--Note--
Peking, the 25th day of the 5th month of the 4th year of the
Republic of China.
Monsieur le Ministre.
I have the honour to state that the places which ought to be
opened as Commercial Ports by China herself, as provided in
Article 3 of the Treaty respecting the Province of Shantung signed
this day, will be selected and the regulations therefor, will be
drawn up, by the Chinese Government itself, a decision concerning
which will be made after consulting the Minister of Japan.
I avail, etc.,
(Signed) LOU TSENG-TSIANG.
His Excellency, Hioki Eki, Japanese Minister.
--Reply--
Peking, the 25th day of the 5th month of the 4th year of Taisho.
Excellency,
I have the honour to acknowledge the receipt of Your Excellency's
note of this day's date in which you stated "that the places which
ought to be opened as Commercial Ports by China herself, as
provided in Article 3 of the Treaty respecting the province of
Shantung signed this day, will be selected and the regulations
therefor, will be drawn up by the Chinese Government itself, a
decision concerning which will be made after consulting the
Minister of Japan."
In reply, I beg to state that I have taken note of the same,
I avail, etc.,
(Signed) HIOKI KEI.
His Excellency, Lou Tseng-tsiang, Minister of Foreign Affairs.
EXCHANGE OF NOTES RESPECTING THE RESTORATION OF THE LEASED
TERRITORY OF KIAOCHOW BAY
--Note--Peking, the 25th day of the 5th month of the 4th year of
Taisho.
Excellency,
In the name of my Government I have the honour to make the
following declaration to the Chinese Government:--
When, after the termination of the present war, the leased
territory of Kiaochow Bay is completely left to the free disposal
of Japan, the Japanese Government will restore the said leased
territory to China under the following conditions:--
1. The whole of Kiaochow Bay to be opened as a Commercial Port.
2. A concession under the exclusive jurisdiction of Japan to be
established at a place designated by the Japanese Government.
3. If the foreign Powers desire it, an international concession
may be established.
4. As regards the disposal to be made of the buildings and
properties of Germany and the conditions and procedure relating
thereto, the Japanese Government and the Chinese Government shall
arrange the matter by mutual agreement before the restoration.
I avail, etc.,
(Signed) HIOKI EKI.
His Excellency, Lou Tseng-tsiang,
Minister of Foreign Affairs.
--Reply--
Peking, the 25th day of the 5th month of the 4th year of the
Republic of China.
Monsieur le Ministre,
I have the honour to acknowledge the receipt of your Excellency's
note of this day's date in which you made the following
declaration in the name of your Government:--
"When, after the termination of the present war the leased
territory of Kiaochow Bay is completely left to the free disposal
of Japan, the Japanese Government will restore the said leased
territory to China under the following conditions:--
1. The whole of Kiaochow Bay to be opened as a Commercial Port.
2. A concession under the exclusive jurisdiction of Japan to be
established at a place designated by the Japanese Government.
3. If the foreign Powers desire it, an international concession
may be established.
4. As regards the disposal to be made of the buildings and
properties of Germany and the conditions and procedure relating
thereto, the Japanese Government and the Chinese Government shall
arrange the matter by mutual agreement before the restoration."
In reply, I beg to state that I have taken note of this
declaration.
I avail, etc.,
(Signed) Lou TSENG-TSIANG.
His Excellency, Hioki Eki, Japanese Minister.
TREATY RESPECTING SOUTH MANCHURIA AND EASTERN INNER MONGOLIA
His Excellency the President of the Republic of China and His
Majesty the Emperor of Japan, having resolved to conclude a Treaty
with a view to developing their economic relations in South
Manchuria and Eastern Inner Mongolia, have for that purpose named
as their Plenipotentiaries, that is to say;
His Excellency the President of the Republic of China, Lou Tseng-
tsiang, Chung-ching, First Class Chia-ho Decoration, and Minister
of Foreign Affairs; And His Majesty the Emperor of Japan, Hioki
Eki, Jushii, Second Class of the Imperial Order of the Sacred
Treasure, Minister Plenipotentiary and Envoy Extraordinary;
Who, after having communicated to each other their full powers,
and found them to be in good and due form, have agreed upon and
concluded the following Articles:--
Article 1. The two High Contracting Parties agree that the term of
lease of Port Arthur and Dalny and the terms of the South
Manchuria Railway and the Antung-Mukden Railway, shall be extended
to 99 years.
Art. 2. Japanese subjects in South Manchuria may, by negotiation,
lease land necessary for erecting suitable buildings for trade and
manufacture or for prosecuting agricultural enterprises.
Art. 3. Japanese subjects shall be free to reside and travel in
South Manchuria and to engage in business and manufacture of any
kind whatsoever.
Art. 4. In the event of Japanese and Chinese desiring jointly to
undertake agricultural enterprises and industries incidental
thereto, the Chinese Government may give its permission.
Art. 5. The Japanese subjects referred to in the preceding three
articles, besides being required to register with the local
Authorities passports which they must procure under the existing
regulations, shall also submit to the police laws and ordinances
and taxation of China.
Civil and criminal cases in which the defendants are Japanese
shall be tried and adjudicated by the Japanese Consul: those in
which the defendants are Chinese shall be tried and adjudicated by
Chinese Authorities. In either case an officer may be deputed to
the court to attend the proceedings. But mixed civil cases between
Chinese and Japanese relating to land shall be tried and
adjudicated by delegates of both nations conjointly in accordance
with Chinese law and local usage.
When, in future, the judicial system in the said region is
completely reformed, all civil and criminal cases concerning
Japanese subjects shall be tried and adjudicated entirely by
Chinese law courts.
Art. 6. The Chinese Government agrees, in the interest of trade
and for the residence of foreigners, to open by China herself, as
soon as possible, certain suitable places in Eastern Inner
Mongolia as Commercial Ports.
Art. 7. The Chinese Government agrees speedily to make a
fundamental revision of the Kirin-Changchun Railway Loan
Agreement, taking as a standard the provisions in railway loan
agreements made heretofore between China and foreign financiers.
When in future, more advantageous terms than those in existing
railway loan agreements are granted to foreign financiers in
connection with railway loans, the above agreement shall again be
revised in accordance with Japan's wishes.
Art. 8. All existing treaties between China and Japan relating to
Manchuria shall, except where otherwise provided for by this
Treaty, remain in force.
Art. 9. The present Treaty shall come into force on the date of
its signature. The present Treaty shall be ratified by His
Excellency the President of the Republic of China and His Majesty
the Emperor of Japan, and the ratifications thereof shall be
exchanged at Tokio as soon as possible.
In witness whereof the respective Plenipotentiaries of the two
High Contracting Parties have signed and sealed the present
Treaty, two copies in the Chinese language and two in Japanese.
Done at Peking this twenty-fifth day of the fifth month of the
fourth year of the Republic of China, corresponding to the same
day of the same month of the fourth year of Taisho.
EXCHANGE OF NOTES
Respecting the Terms of Lease of Port Arthur and Dalny and the
Terms of South Manchurian and Antung-Mukden Railways.
Peking, the 25th day of the 5th month of the 4th year of the
Republic of China.
Monsieur le Ministre,
I have the honour to state that, respecting the provisions
contained in Article 1 of the Treaty relating to South Manchuria
and Eastern Inner Mongolia, signed this day, the term of lease of
Port Arthur and Dalny shall expire in the 86th year of the
Republic or 1997. The date for restoring the South Manchuria
Railway to China shall fall due in the 9lst year of the Republic
or 2002. Article 12 in the original South Manchurian Railway
Agreement providing that it may be redeemed by China after 36
years from the day on which the traffic is opened is hereby
cancelled. The term of the Antung-Mukden Railway shall expire in
the 96th year of the Republic or 2007.
I avail, etc.,
(Signed) Lou TSENG-TSIANG.
His Excellency, Hioki Eki,
Japanese Minister.
--Reply--Peking, the 25th day of the 5th month of the 4th year of
Taisho.
Excellency,
I have the honour to acknowledge the receipt of Your Excellency's
note of this day's date, in which you stated that respecting the
provisions contained in Article 1 of the Treaty relating to South
Manchuria and Eastern Inner Mongolia, signed this day, the term of
lease of Port Arthur and Dalny shall expire in the 86th year of
the Republic or 1997. The date for restoring the South Manchurian
Railway to China shall fall due in the 91st year of the Republic
or 2002. Article 12 in the original South Manchurian Railway
Agreement providing that it may be redeemed by China after 36
years from the day on which the traffic is opened, is hereby
cancelled. The term of the Antung-Mukden Railway shall expire in
the 96th year of the Republic or 2007.
In reply I beg to state that I have taken note of the same.
I avail, etc.,
(Signed) HIOKI EKI.
His Excellency, Lou Tseng-tsiang, Minister of Foreign Affairs.
EXCHANGE OF NOTES RESPECTING THE OPENING OF PORTS IN EASTERN
INNER MONGOLIA
--Note--Peking, the 25th day of the 5th month of the 4th year of
the Republic of China.
Monsieur le Ministre,
I have the honour to state that the places which ought to be
opened as Commercial Ports by China herself, as provided in
Article 6 of the Treaty respecting South Manchuria and Eastern
Inner Mongolia signed this day, will be selected, and the
regulations therefor, will be drawn up, by the Chinese Government
itself, a decision concerning which will be made after consulting
the Minister of Japan.
I avail, etc.,
(Signed) LOU TSENG-TSIANG.
His Excellency, Hioki Eki, Japanese Minister.
--Reply--Peking, the 25th day of the 5th month of the 4th year of
Taisho.
Excellency,
I have the honour to acknowledge the receipt of Your Excellency's
note of this day's date in which you stated "that the places which
ought to be opened as Commercial Ports by China herself, as
provided in Article 6 of the Treaty respecting South Manchuria and
Eastern Inner Mongolia signed this day, will be selected, and the
regulations therefor, will be drawn up, by the Chinese Government
itself, a decision concerning which will be made after consulting
the Minister of Japan."
In reply, I beg to state that I have taken note of the same.
I avail, etc.,
(Signed) HIOKI EKI.
His Excellency, Lou Tseng-tsiang, Minister of Foreign Affairs.
SOUTH MANCHURIA
--Note--Peking, the 25th day of the 5th month of the 4th year of
the Republic of China.
Monsieur le Ministre,
I have the honour to state that Japanese subjects shall, as soon
as possible, investigate and select mines in the mining areas in
South Manchuria specified hereinunder, except those being
prospected for or worked, and the Chinese Government will then
permit them to prospect or work the same; but before the Mining
regulations are definitely settled, the practice at present in
force shall be followed. Provinces Fengtien:--
Locality District Mineral
Niu Hsin T'ai Pen-hsi Coal
Tien Shih Fu Kou Pen-hsi Coal
Sha Sung Kang Hai-lung Coal
T'ieh Ch'ang Tung-hua Coal
Nuan Ti T'ang Chin Coal
An Shan Chan region From Liaoyang
to Pen-hsi Iron
KIRIN (Southern portion)
Locality District Mineral
Sha Sung Kang Ho-lung C. & I.
Kang Yao Chi-lin (Kirin) Coal
Chia P'i Kou Hua-tien Gold
I avail, etc.,
(Signed) LOU TSENG-TSIANG.
His Excellency, Hioki Eki, Japanese Minister.
--Reply--
Peking, the 25th day of the 5th month of the 4th year of Taisho.
Excellency,
I have the honour to acknowledge the receipt of Your Excellency's
note of this day respecting the opening of mines in South
Manchuria, stating; "Japanese subjects shall, as soon as possible,
investigate and select mines in the mining areas in South
Manchuria specified hereinunder, except those being prospected for
or worked, and the Chinese Government will then permit them to
prospect and or work the same; but before the Mining regulations
are definitely settled, the practice at present in force shall be
followed.
1 Provinces Fengtien.
Locality District Mineral
1. Niu Hsin T'ai Pen-hsi Coal
2. Tien Shih Fu Kou Pen-hsi Coal
3. Sha Sung Kang Hai-lung Coal
4. T'ieh Ch'ang Tung-hua Coal
5. Nuan Ti T'ang Chin Coal
6. An Shan Chan region From Liaoyang
to Pen-hsi Iron
KIRIN (Southern portion)
1. Sha Sung Kang Ho-lung Coal & Iron
2. Kang Yao Chi-lin (Kirin) Coal
3. Chia P'i Kou Hua-tien Gold
I avail, etc.,
(Signed) HIOKI EKI.
His Excellency, Lou Tseng-tsiang, Minister of Foreign Affairs of
the Republic of China.
EXCHANGE OF NOTES RESPECTING RAILWAYS AND TAXES IN SOUTH MANCHURIA
AND EASTERN INNER MONGOLIA
--Note--Peking, the 25th day of the 5th month of the 4th year of
the Republic of China.
Monsieur le Ministre,
In the name of my Government.
I have the honour to make the following declaration to your
Government:--
China will hereafter provide funds for building necessary railways
in South Manchuria and Eastern Inner Mongolia; if foreign capital
is required China may negotiate for a loan with Japanese
capitalists first; and further, the Chinese Government, when
making a loan in future on the security of the taxes in the above-
mentioned places (excluding the salt and customs revenue which
have already been pledged by the Chinese Central Government) may
negotiate for it with Japanese capitalists first.
I avail, etc.
(Signed) LOU TSENG-TSIANG.
His Excellency, Hioki Eki, Japanese Minister.
--Reply--
Peking, the 25th day of the 5th month of the 4th year of Taisho.
Excellency,
I have the honour to acknowledge the receipt of Your Excellency's
note of this day's date respecting railways and taxes in South
Manchuria and Eastern Inner Mongolia in which you stated:
"China will hereafter provide funds for building necessary
railways in South Manchuria and Eastern Inner Mongolia; if foreign
capital is required China may negotiate for a loan with Japanese
capitalists first; and further, the Chinese Government, when
making a loan in future on the security of taxes in the above
mentioned places (excluding the salt and customs revenue which has
already been pledged by the Chinese Central Government) may
negotiate for it with Japanese capitalists first.
In reply I beg to state that I have taken note of the same.
I avail, etc.,
(Signed) HIOKI EKI.
His Excellency, Lou Tseng-tsiang, Minister of Foreign Affairs.
EXCHANGE OF NOTES RESPECTING THE EMPLOYMENT OF ADVISERS IN SOUTH
MANCHURIA
--Note--Peking, the 25th day of the 5th month of the 4th year of
the Republic of China.
Monsieur le Ministre,
In the name of the Chinese Government, I have the honour to make
the following declaration to your Government:--
"Hereafter, if foreign advisers or instructors on political,
financial, military or police matters are to be employed in South
Manchuria, Japanese may be employed first."
I avail, etc.,
(Signed) LOU TSENG-TSIANG.
His Excellency, Hioki Eki, Japanese Minister.
--Reply--
Peking, the 25th day of the 5th month of the 4th year of Taisho.
Excellency,
I have the honour to acknowledge the receipt of Your Excellency's
note of this day's date in which you made the following
declaration in the name of your Government:--
"Hereafter if foreign advisers or instructors in political,
financial, military or police matters are to be employed in South
Manchuria, Japanese may be employed first."
In reply, I beg to state that I have taken note of the same.
I avail, etc.,
(Signed) HIOKI EKI.
Hia Excellency, Lou Tseng-tsiang, Minister of Foreign Affairs.
EXCHANGE OF NOTES RESPECTING THE EXPLANATION OF "LEASE BY
NEGOTIATION" IN SOUTH MANCHURIA
--Note--
Peking, the 25th day of the 5th month of the 4th year of Taisho.
Excellency,
I have the honour to state that the term lease by negotiation
contained in Article 2 of the Treaty respecting South Manchuria
and Eastern Inner Mongolia signed this day shall be understood to
imply a long-term lease of not more than thirty years and also the
possibility of its unconditional renewal.
I avail, etc.,
(Signed) HIOKI EKI.
His Excellency, Lou Tseng-tsiang, Minister of Foreign Affairs.
--Reply--
Peking, the 25th day of the 5th month of the 4th year of the
Republic of China.
Monsieur le Ministre,
I have the honour to acknowledge the receipt of Your Excellency's
note of this day's date in which you state.
"The term lease by negotiation contained in Article 2 of the
Treaty respecting South Manchuria and Eastern Inner Mongolia
signed this day shall be understood to imply a long-term lease of
not more than thirty years and also the possibility of its
unconditional renewal."
In reply I beg to state that I have taken note of the same.
I avail, etc.,
(Signed) LOU TSENG-TSIANG.
His Excellency, Hioki Eki, Japanese Minister.
EXCHANGE OF NOTES RESPECTING THE ARRANGEMENT FOR POLICE LAWS AND
ORDINANCES AND TAXATION IN SOUTH MANCHURIA AND EASTERN INNER
MONGOLIA
--Note--
Peking, the 25th day of the 5th month of the 4th year of the
Republic of China.
Monsieur le Ministre,
I have the honour to state that the Chinese Authorities will
notify the Japanese Consul of the police laws and ordinances and
the taxation to which Japanese subjects shall submit according to
Article 5 of the Treaty respecting South Manchuria and Eastern
Inner Mongolia signed this day so as to come to an understanding
with him before their enforcement.
I avail, etc.,
(Signed) Lou TSENO-TSIANG.
His Excellency, Hioki Eki, Japanese Minister.
--Reply--
Peking, the 25th day of the 5th month of the 4th year of Taisho.
Excellency,
I have the honour to acknowledge the receipt of Your Excellency's
note of this day's date in which you state:
"The Chinese Authorities will notify the Japanese Consul of the
Police laws and ordinances and the taxation to which Japanese
subjects shall submit according to Article 5 of the Treaty
respecting South Manchuria and Eastern Inner Mongolia signed this
day so as to come to an understanding with him before their
enforcement."
In reply, I beg to state that I have taken note of the same.
I avail, etc.,
(Signed) HIOKI EKI.
His Excellency, Lou Tseng-tsiang Minister of Foreign Affairs.
--Note--
Peking, the 25th day of the 5th month of the 4th year of the
Republic of China.
Monsieur le Ministre,
I have the honour to state that, inasmuch as preparations have to
be made regarding Articles 2, 3, 4 & 5 of the Treaty respecting
South Manchuria and Eastern Inner Mongolia signed this day, the
Chinese Government proposes that the operation of the said
Articles be postponed for a period of three months beginning from
the date of the signing of the said Treaty.
I hope your Government will agree to this proposal.
I avail, etc.,
(Signed) LOU TSENG-TSIANG.
His Excellency, Hioki Eki, Japanese Minister.
--Reply--
Peking, the 25th day of the 5th month of the 4th year of Taisho.
Excellency,
I have the honour to acknowledge the receipt of Your Excellency's
note of this day's date in which you stated that "inasmuch as
preparations have to be made regarding Articles 2, 3, 4 & 5 the
Treaty respecting South Manchuria and Eastern Inner Mongolia
signed this day, the Chinese Government proposes that the
operation of the said Articles be postponed for a period of three
months beginning from the date of the signing of the said Treaty."
In reply, I beg to state that I have taken note of the same.
I avail, etc.,
(Signed) HIOKI EKI.
His Excellency, Lou Tseng-tsiang, Minister of Foreign Affairs.
EXCHANGE OF NOTES RESPECTING THE MATTER OF HANYEHPING
--Note--
Peking, the 25th day of the 5th month of the 4th year of the
Republic of China.
Monsieur le Ministre,
I have the honour to state that if in future the Hanyehping
Company and the Japanese capitalists agree upon co-operation, the
Chinese Government, in view of the intimate relations subsisting
between the Japanese capitalists and the said Company, will
forthwith give its permission. The Chinese Government further
agrees not to confiscate the said Company, nor, without the
consent of the Japanese capitalists to convert it into a state
enterprise, nor cause it to borrow and use foreign capital other
than Japanese.
I avail, etc.,
(Signed) LOU TSENG-TSIANG.
His Excellency, Hioki Eki, Japanese Minister.
--Reply--
Peking, the 25th day of the 5th month of the 4th year of Taisho.
Excellency,
I have the honour to acknowledge the receipt of Your Excellency's
note of this day's date in which you state:
"If in future the Hanyehping Company and the Japanese capitalists
agree upon co-operation, the Chinese Government, in view of the
intimate relations subsisting between the Japanese capitalists and
the said Company, will forthwith give its permission. The Chinese
Government further agrees not to confiscate the said Company, nor,
without the consent of the Japanese capitalists to convert it into
a state enterprise, nor cause it to borrow and use foreign capital
other than Japanese."
In reply, I beg to state that I have taken note of the same.
I avail, etc.,
(Signed) HIOKI EKI.
His Excellency, Lou Tseng-tsiang, Minister of Foreign Affairs.
EXCHANGE OF NOTES RESPECTING THE FUKIEN QUESTION
--Note--
Peking, the 25th day of the 5th month of the 4th year of the
Republic of China.
Excellency,
A report has reached me to the effect that the Chinese Government
has the intention of permitting foreign nations to establish, on
the coast of Fukien Province, dock-yards, coaling stations for
military use, naval bases, or to set up other military
establishments; and also of borrowing foreign capital for the
purpose of setting up the above-mentioned establishments. I have
the honour to request that Your Excellency will be good enough to
give me reply stating whether or not the Chinese Government really
entertains such an intention.
I avail, etc.,
(Signed) HIOKI EKI.
His Excellency, Lou Tseng-tsiang, Minister of Foreign Affairs.
--Reply--
Peking, the 25th day of the 5th month of the 4th year of the
Republic of China.
Monsieur le Ministre,
I have the honour to acknowledge the receipt of Your Excellency's
note of this day's date which I have noted.
In reply I beg to inform you that the Chinese Government hereby
declares that it has given no permission to foreign nations to
construct, on the coast of Fukien Province, dock-yards, coaling
stations for military use, naval bases, or to set up other
military establishment; nor does it entertain an intention of
borrowing foreign capital for the purpose of setting up the above-
mentioned establishmments.
I avail, etc.,
(Signed) LOU TSENG-TSIANG.
His Excellency, Hioki Eki, Japanese Minister.
DOCUMENTS IN GROUP IV
(1) The Draft of the Permanent Constitution completed in May,
1917.
(2) The proposed Provincial System, i.e., the local government
law.
(3) Memorandum by the Ministry of Commerce on Tariff Revision,
illustrating the anomalies of present trade taxation.
(4) The leading outstanding cases between China and the Foreign
Powers.
DRAFT OF THE NATIONAL CONSTITUTION OF CHINA
(As it stood on May 28th, 1917, in its second reading at the
Constitutional Conference.)
The Constitutional Conference of the Republic of China, in order
to enhance the national dignity, to unite the national dominion,
to advance the interest of society and to uphold the sacredness of
humanity, hereby adopt the following constitution which shall be
promulgated to the whole country, to be universally observed, and
handed down unto the end of time.
CHAPTER I. THE FORM OF GOVERNMENT
Article 1. The Republic of China shall forever be a consolidated
Republic.
CHAPTER II. NATIONAL TERRITORY
Art. 2. The National Territory of the Republic of China shall be
in accordance with the dominion hithertofore existing.
No change in National Territory and its divisions can be made save
in accordance with the law.
CHAPTER ... GOVERNING AUTHORITY
Art. ... The power of Government of the Republic of China shall
be derived from the entire body of citizens.
CHAPTER III. THE CITIZENS
Art. 3. Those who are of Chinese nationality according to law
shall be called the citizens of the Republic of China.
Art. 4. Among the citizens of the Republic of China, there shall
be, in the eyes of the law, no racial, class, or religious
distinctions, but all shall be equal.
Art. 5. No citizens of the Republic of China shall be arrested,
detained, tried, or punished save in accordance with the law.
Whoever happens to be detained in custody shall be entitled, on
application therefore, to the immediate benefit of the writ of
habeas corpus, bringing him before a judicial court of competent
jurisdiction for an investigation of the case and appropriate
action according to law.
Art. 6. The private habitations of the citizens of the Republic of
China shall not be entered or searched except in accordance with
the law.
Art. 7. The citizens of the Republic of China shall have the right
of secrecy of correspondence, which may not be violated except as
provided by law.
Art. 8. The citizens of the Republic of China shall have liberty
of choice of residence and of profession which shall be
unrestricted except in accordance with law.
Art. 9. The citizens of the Republic of China shall have liberty
to call meetings or to organize societies which shall be
unrestricted except in accordance with the law.
Art. 10. The citizens of the Republic of China shall have freedom
of speech, writing and publication which shall be unrestricted
except in accordance with the law.
Art. 11. The citizens of the Republic of China shall be entitled
to honour Confucius and shall enjoy freedom of religious belief
which shall be unrestricted except in accordance with the law.
Art. 12. The citizens of the Republic of China shall enjoy the
inviolable right to the security of their property and any measure
to the contrary necessitated by public interest shall be
determined by law.
Art. ... . The citizens of the Republic of China shall enjoy all
other forms of freedom aside from those hithertofore mentioned,
provided they are not contrary to the spirit of the Constitution.
Art. 13. The citizens of the Republic of China shall have the
right to appeal to the Judicial Courts according to law.
Art. 14. The citizens of the Republic of China shall have the
right to submit petitions or make complaints according to law.
Art. 15. The citizens of the Republic of China shall have the
right to vote and to be voted for according to law.
Art. 16. The citizens of the Republic of China shall have the
right to hold official posts according to law.
Art. 17. The citizens of the Republic of China shall perform the
obligation of paying taxes according to law.
Art. 18. The citizens of the Republic of China shall perform the
obligation of military service according to law.
Art. 19. The citizens of the Republic of China shall be under the
obligation to receive primary education according to law.
CHAPTER IV. THE NATIONAL ASSEMBLY
Art. 20. The legislative power of the Republic of China shall be
exercised by the National Assembly exclusively.
Art. 21. The National Assembly shall consist of a Senate and House
of Representatives.
Art. 22. The Senate shall be composed of the Senators elected by
the highest local legislative assemblies and other electoral
bodies.
Art. 23. The House of Representatives shall be composed of the
representatives elected by the various electoral districts in
proportion to the population.
Art. 24. The members of both Houses shall be elected according to
law.
Art. 25. In no case shall one person be a member of both Houses
simultaneously.
Art. 26. No member of either House shall hold any official post,
civil or military during his term.
Art. 27. The qualifications of the members of either House shall
be determined by the respective Houses.
Art. 28. The term of office for a member of the Senate shall be
six years. One-third of the members shall retire and new ones be
elected every two years.
Art. 29. The term of office for a member of the House of
Representatives shall be three years.
Art. 30. Each House shall have a President and a Vice-President
who shall be elected from among its members.
Art. 31. The National Assembly shall itself convene, open and
close its sessions, but as to extraordinary sessions, they shall
be called under one of the following circumstances:
(1) A signed request of more than one-third of the members of each
House.
(2) A mandate of the President.
Art. 32. The ordinary sessions of the National Assembly shall
begin on the first day of the eighth month in each year.
Art. 33. The period for the ordinary session of the National
Assembly shall be four months which may be prolonged, but the
prolonged period shall not exceed the length of the ordinary
session.
Art. 34. (Eliminated.)
Art. 35. Both Houses shall meet in joint session at the opening
and closing of the National Assembly.
If one House suspends its session, the other House shall do
likewise during the same period.
When the House of Representatives is dissolved, the Senate shall
adjourn during the same period.
Art. 36. The work of the National Assembly shall be conducted in
the Houses separately. No bill shall be introduced in both Houses
simultaneously.
Art. 37. Unless there be an attendance of over half of the total
number of members of either House, no sitting shall be held.
Art. 38. Any subject discussed in either House shall be decided by
the votes of the majority of members attending the sitting. The
President of each House shall have a deciding vote in case of a
tie.
Art. 39. A decision of the National Assembly shall require the
decision of both Houses.
Art. 40. The sessions of both Houses shall be held in public,
except on request of the government, or decision of the Houses
when secret sessions may be held.
Art. 41. Should the House of Representatives consider either the
President or the Vice-President of the Republic of China has
committed treason, he may be impeached by the decision of a
majority of over two-thirds of the members present, there being a
quorum of over two-thirds of the total membership of the House.
Art. 43. Should the House of Representatives consider that the
Cabinet Ministers have violated the law, an impeachment may be
instituted with the approval of over two-thirds of the members
present.
Art. 43. The House of Representatives may pass a vote of want of
Confidence in the Cabinet Ministers.
Art. 44. The Senate shall try the impeached President, Vice-
President and Cabinet Ministers.
With regard to the above-mentioned trial, no judgment of guilt or
violation of the law shall be passed without the approval of over
two-thirds of the members present.
When a verdict of "Guilty" is pronounced on the President or Vice-
President, he shall be deprived of his post, but the infliction of
punishment shall be determined by the Supreme Court of Justice.
When the verdict of "Guilty" is pronounced upon a Cabinet
Minister, he shall be deprived of his office and may forfeit his
public rights. Should the above penalty be insufficient for his
offence, he shall be tried by the Judicial Court.
Art. ... Either of the two Houses shall have power to request the
government to inquire into any case of delinquency or unlawful act
on the part of any official and to punish him accordingly.
Art. 45. Both Houses shall have the right to offer suggestions to
the Government.
Art. 46. Both Houses shall receive and consider the petitions of
the citizens.
Art. 47. Members of either House may introduce interpellations to
the members of the Cabinet and demand their attendance in the
House to reply thereto.
Art. 48. Members of either House shall not be responsible to those
outside the House for opinions expressed and votes cast in the
House.
Art. 49. No member of either House during session shall be
arrested or detained in custody without the permission of his
respective House, unless he be arrested in the commission of the
offence or act.
When any member of either House has been so arrested, the
government should report the cause to his respective House. Such
member's House, during session, may with the approval of its
members demand for the release of the arrested member and for
temporary suspension of the legal proceedings.
Art. 50. The annual allowances and other expenses of the members
of both Houses shall be fixed by law.
(CHAPTER V on Resident Committee of the National Assembly with 4
articles has been eliminated.)
CHAPTER VI. THE PRESIDENT
Art. 55. The administrative power of the Republic of China shall
be vested in the President with the assistance of the Cabinet
Ministers.
Art 56. A person of the Republic of China in the full enjoyment of
public rights, of the age of forty years or more, and resident in
China for at least ten years, is eligible for election as
President.
Art. 57. The President shall be elected by a Presidential Election
Convention, composed of the members of the National Assembly.
For the above election, an attendance of at least two-thirds of
the number of electors shall be required, and the voting shall be
performed by secret ballot. The person obtaining three-fourths of
the total votes cast shall be elected; but should no definite
result be obtained after the second ballot, the two candidates
obtaining the most votes in the second ballot shall be voted for
and the candidate receiving the majority vote shall be elected.
Art. 58. The period of office of the President shall be five
years, and if re-elected, he may hold office for another term,
Three months previous to the expiration of the term, the members
of the National Assembly of the Republic shall themselves convene
and organize the President Election Convention to elect a
President for the next term.
[*] Art. 59. When the President is being inaugurated, he shall
make an oath as follows: "I hereby solemnly swear that I will most
faithfully obey the Constitution and discharge the duties of the
President."
[*] Art. 60. Should the post of the President become vacant, the
Vice-President shall succeed him until the expiration of the term
of office of the President. Should the President be unable to
discharge his duties for any cause, the Vice-President shall act
for him.
Should the Vice-President vacate his post at the same time, the
Cabinet shall officiate for the President, but at the same time,
the members of the National Assembly shall within three months
convene themselves and organize the Presidential Election
Convention to elect a new President.
[*] Art. 61. The President shall be relieved of his office at the
expiration of his term of his office. If, at the end of the
period, the new President has not been elected, or, having been
elected, be unable to assure office and when the Vice-President is
also unable to act as President, the Cabinet shall officiate for
the President.
[*] Art. 62. The election of the Vice-President shall be in
accordance with the regulations fixed for the election of the
President; and the election of the Vice-President shall take place
simultaneously with the election of the President. Should the post
of the Vice-President become vacant, a new Vice-President shall be
elected.
Art. 63. The President shall promulgate all laws and supervise and
secure their enforcement.
Art. 64. The President may issue and publish mandates for the
execution of laws in accordance with the powers delegated to him
by the law.
Art. 65. (Eliminated.)
Art. 66. The President shall appoint and remove all civil and
military officials, with the exception of those specially provided
for by the Constitution or laws.
Art. 67. The President shall be the Commander-in-Chief of the Army
and Navy of the Republic.
The organization of the Army and Navy shall be fixed by law.
Art. 68. Intercourse with foreign countries, the President shall
be the representative of the Republic.
Art. 69. The President may, with the concurrence of the National
Assembly, declare war, but, in case of defence against foreign
invasion, he may request recognition of the National Assembly
after the declaration of the war.
Art. 70. The President may conclude treaties; but with regards to
treaties of peace, and those effecting legislation, they shall not
be valid, if the consent of the National Assembly is not obtained.
Art. 71. The President may proclaim martial law according to law;
but if the National Assembly should consider that there is no such
necessity, he should declare the withdrawal of the martial law.
Art. 72. (Eliminated.)
Art. 73. The President may, with the concurrence of the Supreme
Court of Justice, grant pardons, commute punishment, and restore
rights; but with regard to a verdict of impeachment, unless with
the concurrence of the National Assembly, he shall not make any
announcement of the restoration of rights.
Art. 74. The President may suspend the session of either the
Senate or the House of Representatives for a period not exceeding
ten days, but during any one session, he may not exercise this
right more than once.
Art. 75. With the concurrence of two-thirds or more of the members
of the Senate present, the President may dissolve the House of
Representatives, but there must not be a second dissolution during
the period of the same session.
When the House of Representatives is dissolved by the President,
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