Government Organization Law (The Government Organic Law) Ordinance No. 1 of the First Year of Tatung (1932)

...After thorough deliberations for several months past at numerous meetings, the leaders of Fengtien, Kirin, Heilungkiang and Jehol Provinces, Harbin Special District, and those under various banners of Mongolia, have come to a unanimous conclusion to adopt a practical application of good rule rather than a display of words in the administration of State affairs. Under whatever form of government, the primary duty of the State is to assure the inhabitants peace and security. Manchuria and Mongolia constituted in the past a separate State detached from China Proper. The present situation places us in position to strive for our own national independence. Accordingly, by the will of the thirty million people, we hereby declare on this day that we sever our relations with the Republic of China, and establish the State of Manchuria, and we hereby make a public proclamation of the fundamental principles on which this new State is founded.
 * 1. We believe that statecraft should be founded upon the principle of Tao or the Way, and Tao founded upon Tien or Heaven. The principle on which this new State is based is to follow Tien or Heaven that the people may have peace and security. The government must be approved by the people and no man's personal views shall be permitted to influence the affairs of the State.
 * 2. There shall be no discrimination with respect to race and caste among those people who now reside within the territory of the new State. Besides the races of the Hans, Manchus, Mongols, Japanese and Koreans, the peoples of other foreign countries may upon application have their rights guaranteed.
 * 3. In internal affairs the new State will reject the policies adopted in the dark days of the past. It will revise laws and enforce local autonomy, draft able men into the service of the government and elevate the officials deserving promotion, encourage industry, unify the currency system, open up the natural resources of the country, endeavor to maintain a good standard of living for the people, adjust and regulate the administration of the police, eliminate banditry, and promote and popularize education, respect Li-chiao, the teachings of Confucianism, and apply the principle of Wang-tao, the Way of Benevolent Ruler, and practice its teachings. These, we believe will enlighten the people to maintain the honor of perpetuating the peace of the Far East and thus set an example of model government to the world.
 * 4. The foreign policy of the new State shall be to seek and further promote cordial relations with foreign powers by winning their confidence and respect and to observe strictly international conventions. Financial obligations incurred within the territory of Manchuria by treaty stipulations with various countries prior to the establishment of the new State shall be met according to the usual international conventions. Foreign investments by any nation shall, be welcomed for the furtherance of trade and the exploitation of natural resources, thus bringing the principles of the Open Door and Equal Opportunity and the like to a fuller realization.

The foregoing articles constitute the fundamental principles under-lying the establishment of the new State. The newly-formed Government will bear all responsibilities thereof from the day of the creation of the new State and the Government hereby pledges upon oath to the thirty million inhabitants that these shall be faithfully carried out. Manchoukuo Government 1st March, 1932 First Year of Tatung

CHAPTER 1. THE CHIEF EXECUTIVE

 * I. The Chief Executive shall rule Manchoukuo, the State of Manchuria.
 * II. The Chief Executive shall represent Manchoukuo.
 * III. The Chief Executive shall be responsible to the entire people.
 * IV. The Chief Executive shall be nominated by the entire people.
 * V. The Chief Executive shall exercise the legislative powers with the approval of the Legislative Council.
 * VI. The Chief Executive shall supervise and control the State Council and exercise the administrative powers.
 * VII. The Chief Executive shall cause the courts of justice to exercise the judicial powers in accordance with law.
 * VIII. The Chief Executive shall issue orders for. the maintenance and promotion of peace, security and happiness of the people and for the execution of laws. He shall, however, have no power to revise laws with such orders.
 * IX. In case it shall be impossible to, convene the Legislative Council either to maintain public peace and order or to avert emergency calamities, the Chief Executive shall be empowered to issue, with the approval of the Privy Council, emergency ordinances which shall have the force of law. Such emergency ordinances must, however, be reported at the following session of the Legislative Council.
 * X. The Chief Executive shall determine the organization of the administration, appoint and dismiss government officials and fix their salaries, except in case of those which are otherwise especially provided for in the present Organic Law or in other laws.
 * XI. The Chief Executive shall have the power to declare war and peace and to conclude treaties,
 * XII. The Chief Executive shall have the supreme command of the military, naval and air forces.
 * XIII. The Chief Executive shall have the power to grant amnesty, pardon, commutation of punishments and rehabilitation of rights.

CHAPTER II. THE PRIVY COUNCIL

 * XIV. The Privy Council shall be composed of Privy Councillors.
 * XV. The Privy Council shall, when consulted by the Chief Executive, submit its opinions relative to the following matters:
 * (1) Laws.
 * (2) Ordinances.
 * (3) Budgets.
 * (4) Treaties and agreements negotiated with foreign nations and declarations to foreign countries issued in the name of the Chief Executive.
 * (5) Major appointments and dismissals of governmental officials.
 * (6) Other important matters relating to the affairs of the State.
 * XVI. The Privy Council may present its views to the Chief Executive on important matters relating to the affairs of the State.

CHAPTER III. THE LEGISLATIVE COUNCIL

 * XVII. The organization of the Legislative Council shall be decided separately by law.
 * XVIII. All legislative and budgetary bills shall require the approval of the Legislative Council.
 * XIX. The Legislative Council may present proposals concerning important matters of the State to the State Council.
 * XX. The Legislative Council may receive petitions, presented by the people.
 * XXI. The Legislative Council shall be convoked annually by the Chief Executive. The duration of the ordinary session shall be one month; it may, however, be extended by the Chief Executive if he shall deem it necessary.
 * XXII. One third or more of the total members of the Legislative Council constitute a quorum.
 * XXIII. Proceedings at a session of the Legislative Council shall be decided by a majority of the members present. In case of a tie-vote, the Chairman shall have the casting vote.
 * XXIV. The sessions of the Legislative Council shall be open to the public. Closed sessions may, however, be called on demand by the State Council or by a resolution of the Legislative Council.
 * XXV. Legislative and budgetary bills passed by the Legislative Council shall be approved, promulgated and executed by the Chief Executive. In the event of the legislative and budgetary bills being rejected by the Legislative Council, the Chief Executive shall request the Council for their reconsideration by presenting his reasons thereof. When further rejected, the Privy Council shall be consulted for a decision thereon.
 * XXVI. The members of the Legislative Council shall not be held responsible outside the Council for their discussions and decisions within the Council.

CHAPTER IV. THE STATE COUNCIL.

 * XXVII. The State Council shall take charge of all administrative affairs by order of the Chief Executive.
 * XXVIII. The State Council shall consist of the Departments of Civil Affairs, Foreign Affairs, Defense, Finance, Industry, Communications, justice and Education.
 * XXIX. The State Council shall have a Prime Minister and each of the Departments a Minister.
 * XXX. The Prime Minister and the Ministers of the Departments may attend the sessions of the Legislative Council at any time and may have a voice at its deliberations but shall have no vote.
 * XXXI. The Prime Minister shall counter-sign all laws, ordinances, military orders, and messages relating to the affairs of the State.

(Revised October 5, First Year of Tatung, 1932: All laws, ordinances, military orders and messages relating to State affairs, shall be counter-signed by the Prime Minister and the Ministers concerned in charge of their respective affairs.)

CHAPTER V. THE COURTS

 * XXXII. The Courts shall, in accordance with law, conduct trials of civil and criminal cases. In case of administrative litigationand other special trials, however, special provision shall be made by law.
 * XXXIII. The organization of the courts and the qualifications of the judges shall be determined by law.
 * XXXIV. The judicial officials shall,command independence in the discharge of their duties.
 * XXXV. The judicial officials shall not be dismissed except by trials on criminal offense or disciplinary punishment, and shall not be subjected to suspension, transfer of position or office, and reduction of salary, against their will.
 * XXXVI. The trials and judgments of courts shall be open to the public. Cases which threaten public order and peace, or which are detrimental to public morals, however, may be closed to, the public by law or decision of the Courts concerned.

CHAPTER VI. THE SUPERVISORY COUNCIL

 * XXXVII. The Supervisory Council shall supervise and audit the accounts. The organization of the Supervisory Council and its functions shall be determined separately by law.
 * XXXVIII. The Supervisory Council shall consist of Supervisors and Auditors.
 * XXXIX. There shall be no dismissal of Supervisors -and Auditors, except for criminal offenses or disciplinary punishment, and they shall not be subjected to suspension and transfer of office, or reduction of salary, against their will.

Supplementary Provision

 * XL. This law shall come into force on the Ninth day of March, the First Year of Tatung.

The Chief Executive who, through the confidence placed in him by the entire people, exercises the administrative power over Manchukuo, the State of Manchuria, hereby pledges to give the people, except in times of war and of emergency circumstances, guarantee of liberty and rights and to determine the duties of the people. in accordance with the provisions hereinafter set forth:
 * I. The personal liberty of the subjects of Manchukuo, the State of Manchuria, shall not be infringed upon, and its restrictions by the public authorities shall be provided for by law.
 * II. The property rights of the subjects of Manchukuo shall not be infringed upon and their restrictions under necessity of public welfare shall be provided for by law.
 * III. The subjects of Manchukuo shall be given equal protection by the State irrespective of race and religion.
 * IV. The subjects of Manchukuo shall in accordance with the provisions of law, possess the right to participate in the affairs of the State or of the local organizations.
 * V. The subjects of Manchukuo shall, in accordance with the provisions of law, possess the right to be appointed to governmental offices and it shall also be their duty to assume other honorary positions.
 * VI. The subjects of Manchukuo may present petitions in accordance with the proscribed procedure provided for by law.
 * VII. The subjects of Manchukuo shall enjoy the right to be tried by the judges of the courts provided for by law.
 * VIII. In case the rights of the subjects of Manchukuo are violated by illegal dispositions of the administrative offices, a remedy may be sought for in accordance with the provisions of law.
 * IX. The subjects of Manchukuo, shall not be subjected to any taxation, or imposition or penalty under whatever name unless provided for by law.
 * X. The subjects of Manchukuo may protect and promote their economic interests by means of joint organizations in so far as they are not prejudicial to public welfare.
 * XI. The subjects of Manchukuo shall, be protected. against usurious interests profiteering and all other forms of unjust economic oppression.
 * XII. The subjects of Manchukuo shall possess the right to enjoy the privileges of various establishments and institutions founded by public funds of the State or of the local organizations.
 * XIII. This law shall come into force on the Ninth day of March, the First Year of Tatung.

Ninth day of March, First Year of Tatung (1932). Manchukuo Government