Sih-Gung Cheng.

Modern China, a political study online

. (page 24 of 28)
Online LibrarySih-Gung ChengModern China, a political study → online text (page 24 of 28)
Font size
QR-code for this ebook


and Japanese colleagues, form the Consortium at Peking,
that while they all pretend not to permit the Chinese
Government to raise any political loans from any foreign



3 14 Conclusion

bankers not belonging to their circle, the financiers of Japan,
with the support of their Government, have advanced to
China many loans ostensibly for industrial development
but actually for political purposes. The Japanese have an
ingenious way of evading their obligations ; it is difficult to
expect them to observe the rules and conventions agreed
upon by the Consortium, and yet, at the same time, it
may be impossible to make an open charge against them for
a violation of the letter of the agreement.

Great Britain, France, and the United States should
each take their own initiative without regard to what other
States may do. The Chinese have confidence in them and
believe that they do not desire to interfere with their
political independence. Nevertheless, they feel that at this
time of transition in their country — transition from the
old order of things to the new — they 'are justified in asking
for a reasonable amount of assistance, so that they will be
able to organize themselves against the menace of an
Imperialistic country and maintain the rights of less
developed States. The assistance may be rendered in the
following ways :

(i) The three Powers concerned should encourage their
capitalists to invest in China, not with a view to establishing
their political influence and raising diplomatic controversies,
but with a view to developing the country by purely private
enterprise. The investors should be interfered with as
little as possible either by the Chinese or by their own
Government.

(2) They should allow their citizens to co-operate freely
with the Chinese in industrial and commercial enterprises
in China, as they have already done in the Straits Settle-
ments and in other British Colonies.



Foreign Policy 315

(3) They should send over to China a large number of
persons skilled in engineering and in industrial management,
in order to help her to survey and open the mines, to
establish factories, to introduce scientific irrigation, and to
construct railways ; these persons being allowed to seek for
employment either under the Chinese Government or under
private entrepreneurs.

(4) They should restore to China the right to fix her
own tariff, so as to relieve her financial stress.

(5) They should agree to a revision of the existing system
of exterritorial jurisdiction in the way suggested in
Chapter 6, so as to facilitate industrial co-operation between
the Chinese and foreigners.

(6) Great Britain and France should follow the example
of the United States by refunding the balances of the
Boxer Indemnity and allowing them to be used for the
education of the Chinese either abroad or in their own
country, or in both.



APPENDIX I

The Provisional Constitution of the Republic
of China

Passed at Nanking in January, 1912

Chapter i. General Provisions

Article 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 the 18 provinces, Inner and Outer Mongolia, Tibet, and
Chinghai.

Art. 4, The Sovereignty of the Chinese Republic is
exercised by the National Council, the Provisional President,
the Cabinet, and the Judiciary.

Chapter 2. 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 :

{a) The person of the citizens shall not be arrested, im-
prisoned, tried, or punished except in accordance with law.

(b) The habitations of citizens shall not be entered or
searched except in accordance with law.

{c) Citizens shall enjoy the right of the security of their
property and the freedom of trade.

{d) Citizens shall have the freedom of speech, of com-
position, of publication, of assembly, and of association.

{e) Citizens shall have the right of the secrecy of their
letters.

(/) Citizens shall have the liberty of residence and removal.

{£) Citizens shall have the freedom of religion.



Appendix I 317

Art. 7. Citizens shall have the right to petition the
Parliament.

Art. 8. Citizens shall have the right of petitioning the
executive officials.

Art. 9. Citizens shall have the right to institute pro-
ceedings before the Judiciary, and to receive trial and
judgement.

Art. id. Citizens shall have the right of suing officials
in the Administrative Courts for violation of law against
their rights.

Art. II. Citizens shall have the right of participating in
civil examinations.

Art. 12. Citizens shall have the right to vote and to be
voted for.

Art. 13. Citizens shall have the duty to pay taxes
according to lav\^.

Art. 14. Citizens shall have the duty to enlist as soldiers
according to law.

Art. 15. The rights of citizens, as provided in the present
Chapter, shall be limited or modified by laws, provided such
limitation or modification shall be deemed necessary for the
promotion of public welfare, for the maintenance of public
order, or on account of extraordinary exigency.

Chapter 3. The National Council '^

Art. 16. The legislative power of the Chinese Republic
is exercised by the National Council.

Art. 17. The Council shall be composed of members
elected by the several districts as provided in Article 18.

Art. 18. The Provinces, Inner and Outer Mongolia, and
Tibet shall each elect and deputy five members to the
Council, and Chinghai shall elect one member.

The election districts and methods of election shall be
decided by the localities concerned.

During the meeting of the Council each member shall
have one vote.

^ The Council has been replaced by two Houses of Parliament since
April 1913.



3i8 Appendix I

Art. 19. The National Council shall have the following
powers :

{a) To pass all Bills.

{b) To pass the budgets of the Provisional Government.

{c) To pass laws of taxation, of currency, and weights
and measures for the whole country.

{d) To pass measures for the raising of public loans and
to conclude contracts affecting the National Treasury.

{e) To give consent to matters provided in Articles 34,
35, and 40.

(/) To reply to inquiries from the Provisional President.

{g) To receive and consider petitions of citizens.

{h) To make suggestions to the Government on legal or
other matters.

(/) To introduce interpellations to members of the
Cabinet, and to insist on their being present in the Council
in making replies thereto.

(J) To insist on the Government investigating into any
alleged bribery and infringement of laws by officials.

(k) To impeach the Provisional President for high treason
by a majority of three-fourths of the quorum consisting
of more than four-fifths of the total number of the
members.

(/) To impeach members of the Cabinet for failure to
perform their official duties or for violation of the law
by majority votes of two-thirds of the quorum consist-
ing of over three-fourths of the total number of the
members.

Art. 20. The National Council shall itself convoke, con-
duct, and adjourn its own meetings.

Art. 21. The meetings of the National Council shall be
conducted publicly, but secret meetings may be held at the
suggestion of members of the Cabinet or by the majority
vote of its quorum.

Art. 22. Matters passed by the National Council shall
be communicated to the Provisional President for promulga-
tion and execution.

Art. 23. If the Provisional President should veto matters



Appendix I 319

passed by the National Council, he shall, within ten days
after he has received such resolutions, return the same with
stated reasons to the Council for reconsideration. If by
a two-thirds vote of the quorum of the Council, it shall be
dealt with in accordance with Article 22.

Art. 24. The Chairman of the National Council shall
be elected by ballots signed by the voting members and the
one receiving more than one-half of the total number of
the votes cast shall be elected.

Art. 25. Members of the National Council shall not, out-
side the Council, be responsible for their opinion expressed
and votes cast in the Council.

Art. 26. Members of the Council shall not be arrested
without the permission of the Chairman of theCouncil except
for crimes pertaining to civil and international warfare.

Art. 27. Procedure of the National Council shall be
decided by its own members.

Art. 28. The National Council shall be dissolved on the
day of the convocation of the National Assembly, and its
powers shall be exercised by the latter.

Chapter 4. The Provisional President and Vice-President

Art. 29. The Provisional President and Vice-President
shall be elected by the National Council, and he who receives
two-thirds of the total number of votes cast by a sitting of
the Council consisting of over three-fourths of the total
number of members shall be elected.

Art. 30. The Provisional President represents the Pro-
visional Government as the fountain of all executive powers
and for promulgating all laws.

Art. 31. The Provisional President may issue or cause
to be issued orders for the execution of laws and of powers
delegated to him by the law.

Art. 32. The Provisional President shall be the Com-
mander-in-Chief of the Army and Navy of the whole of
China.

Art. 33. The Provisional President shall ordain and
establish the administrative system and official regulations,



320 Appendix I

but he must first submit them to the National Council for
its approval.

Art. 34. The Provisional President shall appoint and
remove civil and military officials, but in the appointment
of Members of the Cabinet, Ambassadors, and Ministers,
he must have the concurrence of the National Council.

Art. 35. The Provisional President shall have power,
with the concurrence of the National Council, to declare
war and conclude treaties.

Art. 36. The Provisional President may, in accordance
with law, declare a state of siege.

Art. 37. The Provisional President shall, representing
the whole country, receive Ambassadors and Ministers of
foreign countries.

Art. 38. The Provisional President may introduce Bills
into the National Council.

Art. 39. The Provisional President may confer decora-
tions and other insignia of honour.

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

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

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

Chapter 5. Members of the Cabinet

Art. 43. The Premier and the Chiefs of the Government
Departments shall be called Members of the Cabinet.

Art. 44. Members of the Cabinet shall assist the Pro-
visional President in assuming responsibilities.

Art. 45. Members of the Cabinet shall countersign all



Appendix I 321

Bills introduced by the Provisional President and laws and
orders issued by him.

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

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

Chapter 6. The Judiciary

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

The organization of the Courts and the qualifications of
judges shall be determined by \3lw.

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

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

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

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

Regulations for the punishment of judges shall be deter-
mined by law.

Chapter 7. Supplementary Articles

Art. 53. Within ten months after the promulgation of
this Provisional Constitution the Provisional President shall
convene a National Assembly, the organization of which

1832.13 y



322 Appendix I

and the laws for the election of the members shall be
decided by the National Council.

Art. 54. The Constitution of the Republic of China shall
be adopted by the National Assembly, but before the
promulgation of the Constitution, the Provisional Constitu-
tion shall be as effective as the Constitution itself.

Art. 55. The Provisional Constitution may be amended
by the assent of two-thirds of the members of the National
Council or upon the application of the Provisional President
and being passed by over three-fourths of the quorum of
the Council consisting of over four-fifths of the total number
of its members.

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

APPENDIX II

Treaties respecting Shantung, South Manchuria
and Eastern Inner Mongolia, and Exchanges of
Notes between China and Japan. May 2^th,
1915-

(Translated from the Chinese)

Treaty Respecting the Province of 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 strength-
ening of the relations of friendship, and good neighbour-
hood 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.



Appendix II



:)^o



And His Majesty the Emperor of Japan, Hioki Eki,
Jushii, Second Class of the Imperial Order of the Sacred
Treasure, Minister Plenipotentiary, and Envoy Extra-
ordinary :

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 :

Art. I. 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-Chinanfu railway,
if Germany abandons the privilege of financing the Chefoo-
Wehsien 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, that China
herself shall open, 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.

Y 2



324 Appendix II



Exchange of Notes Respecting Shantung

Peking^ the z^th day of the ^th moyith' of
the \th 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 Govern-
ment : * 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 i^th day of the ^th month
of the ph 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 Govern-
ment : ' 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.



Appendix II 325

Exchange of Notes Respecting the Opening of
Ports in Shantung

Peking^ the i^th day oj the ^th month oj the
\th year oj the Republic oj 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 z^th day oj the ^th month oj
the \th year oj 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 Eki.
His Excellency Lou Tseng-Tsiang,
Minister of Foreign Affairs.



326 Appendix II

Exchange of Notes Respecting the Restoration of
THE Leased Territory of Kiaochow Bay

Peking, the z^th day of the K,th month
of the \th 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 Com-
mercial 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 z^th day of the ^th 7nonth of
the ^th 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 :



Appendix II 327

' 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 Com-
mercial 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 pro-
cedure 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



328 Appendix II

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 :

Art. I. The Two High Contracting Parties agree that
the term of lease of Port Arthur and Dalny, and the terms
of the South Manchurian 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 pre-
ceding 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 law 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.



Appendix II 329

Art. 6. The Chinese Government agrees, in the interest
of trade and for the residence of foreigners, that China
herself shall open, 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 pro-
visions in railway agreements made heretofore between
China and foreign financiers.

When in future, more advantageous terms than those in ex-
isting railway loan agreements are granted to foreign finan-


1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 26 27 28

Online LibrarySih-Gung ChengModern China, a political study → online text (page 24 of 28)