The Fight For The Republic in China Part 31

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

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 Const.i.tution 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 members.h.i.+p of the House. The Provisional Const.i.tution 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 Const.i.tution shall come into force from the date of promulgation. The Temporary Provisional Const.i.tution 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 Const.i.tution comes into force.

THE PRESIDENTIAL SUCCESSION

_Pa.s.sed by a puppet political body and promulgated by Yuan s.h.i.+h-kai on December 29, 1914_

Article 1. A male citizen of the Republic of Chung Hua, possessing the rights of citizens.h.i.+p, 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 members.h.i.+p. 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 Const.i.tutional 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 a.s.sume the duties of clauses I and 2, either as a subst.i.tute 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 subst.i.tute 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 a.s.sembly 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 a.s.sumption 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 Const.i.tution and execute the duties of the President. I reverently swear."

Before the promulgation of the Const.i.tution it shall be specifically stated in the oath that the President shall adhere to the Const.i.tutional 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

DOc.u.mENTS IN GROUP III

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

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

(3) The Chino-j.a.panese 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.