Temporary Provisions Effective During the Period of Communist Rebellion (1972)

(Adopted by the National Assembly on April 18, 1948, promulgated by the National Government on May 10, 1948, amended by the National Assembly on March 11, 1960, amended by the extraordinary session of the National Assembly on February 7, 1966, amended by the National Assembly on March 19, 1966, and amended by the fifth session of the National Assembly at its ninth plenary meeting March 17, 1972, abrogated by the National Assembly on April 22, 1991)

In accordance with the procedure prescribed in Paragraph 1 of Article 174 of the Constitution, the following Temporary Provisions to be effective during the Period of Communist Rebellion are hereby enacted:

1. The President during the Period of Communist Rebellion may, by resolution of the Executive Yuan Council, take emergency measures to avert an imminent danger to the security of the State or of the people or to cope with any serious financial or economic crisis, without being subject to the procedural restrictions prescribed in Article 39 or Article 43 of the Constitution.

2. The emergency measures mentioned in the preceding paragraph may be modified or abrogated by the Legislative Yuan in accordance with Paragraph 2 of Article 57 of the Constitution.

3. During the Period of Communist Rebellion, the President and the Vice President may be re-elected without being subject to the two-term restriction prescribed in Article 47 of the Constitution.

4. During the Period of Communist Rebellion, the President is authorized to establish, in accordance with the constitutional system, an organ for making major policy decisions concerned with national mobilization and suppression of the Communist rebellion and for assuming administrative control in war zones.

5. To meet the requirements of national mobilization and the suppression of the Communist rebellion, the President may make adjustments in the administrative and personnel organs of the Central Government, as well as their organizations.

6. During the Period of Communist Rebellion, the President may, in accordance with the following stipulations, initiate and promulgate for enforcement regulations providing for elections to strengthen elective offices at the Central Government level without being subject to the restrictions prescribed in Article 26, Article 64 or Article 91 of the Constitution:

(1) In free areas, additional members of representatives may be elected to all elective offices at the Central Government level by elections to be held at established time. The President may initiate regulations for the selection of members of the Legislative Yuan and the Control Yuan who were to have been elected from among Chinese nationals residing overseas but whose election could not be carried out because of the actual situation.

(2) Representatives to the first elective offices at the Central Government level were elected by popular vote throughout the nation. These representatives, as well as those representatives who were elected later to fill vacancies or to provide additional representation, therefore shall continue to carry out their functions in accordance with law. As soon as the Chinese mainland is recovered, elections shall be held one by one as areas are recovered.

(3) Representatives additionally elected to the elective offices at the Central Government level shall carry out the same functions as those elected previously. The new delegates to the National Assembly elected for additional representation shall stand for re-election every six years; those of the Legislative Yuan, every three years; and those of the Control Yuan, every six years.

7. During the Period of Communist Rebellion, the National Assembly may enact measures to initiate principles concerning Central Government laws and submit Central Government laws to referendum without being subject to the restriction prescribed in Paragraph 2 of Article 27 of the Constitution.

8. During the Period of Communist Rebellion, the President may, when he deems necessary, convoke an extraordinary session of the National Assembly to discuss initiative or referendum measures.

9. The National Assembly shall establish an organ to study, during its recess, problems relating to constitutional rule.

10. The termination of the Period of Communist Rebellion shall be declared by the President.

11. Amendment or abrogation of the Temporary Provisions shall be resolved by the National Assembly.

動員戡亂時期臨時條款 (民國61年)