The Constitutional Compact of the Chung-Hua-Min-Kuo

The Chung Hua Min Kuo is composed of the people of Chung Hua.

The sovereignty of the Chung Hua Min Kuo originates from the whole body of the people.

The territory of the Chung Hua Min Kuo continues the same as that of the former Empire.

Citizens of the Chung Hua Min Kuo shall be equal before the law, irrespective of race, rank or religion.

Citizens shall enjoy the following rights:

(a) No citizens shall be arrested, imprisoned, tried or punished, except in accordance with statute.

(b) The habitation of any citizen shall not be forcibly entered into or searched, except in accordance with statute.

(c) Within the limits of the statutes, citizens shall have the right to own and enjoy property and to trade freely.

(d) Within the limits of the statutes, citizens shall have the rights of freedom of speech, of writing and publication, and of assembly and association.

(e) Within the limits of the statutes, citizens shall have the right of secrecy of correspondence.

(f) Within the limits of the statutes, citizens shall have the right of abode and of changing the same.

(g) Within the limits of the statutes, citizens shall have the right of religious belief.

In accordance with the provisions of the statutes, citizens shall have the right of petitioning the Legislature.

In accordance with the provisions of the statutes, citizens shall have the right to institute proceedings in the Courts of Law.

In accordance with the provisions of the statutes, citizens shall have the right of petitioning administrative officers and of lodging complaints with the Court of Censors and Administrative Justice.

In accordance with the provisions of law and ordinance, citizens shall have the right to attend the examinations for the appointment of officers and to enter the public service.

In accordance with the provisions of the statutes, citizens shall have the right to elect and be elected.

In accordance with the provisions of the statutes, citizens are subject to the duty of paying taxes.

In accordance with the provisions of the statutes, citizens are subject to the duty of performing military service.

The provisions made in this Chapter that are not in conflict with the law, ordinances and discipline of the Army and Navy, shall be applicable to persons belonging to said services.

The President is the head of the Nation and combines in himself all the powers of government.

The President shall represent the Chung Hua Min Kuo.

The President shall be responsible to the whole Nation.

The President shall convoke the Legislature and open, prorogue and close its sessions. The President, with the concurrence of the Council of State, may dissolve the Legislature; in the case of dissolution, new members must be elected and the Legislature convoked within six months from the date of dissolution.

The President may initiate legislation and shall lay the estimates before the Legislature.

For the promotion of public welfare, for the execution of the statutes, or in pursuance of authority granted by statute, the President may issue or cause to be issued ordinances; but no ordinance shall alter any statute.

In order to maintain peace and order, or to avert extraordinary calamities at a time of urgent necessity when the Legislature cannot be convoked, the President, with the concurrence of the Council of State, may issue emergency ordinances having the force of law; but such ordinances shall be submitted to the Legislature for ratification at the beginning of its next session.

Should the said emergency ordinances be rejected by the Legislature, they shall thereafter be null and void.

The President shall prescribe and determine the organization of all offices and shall issue the regulations fixing the duties of officials.

The President shall appoint and dismiss civil and military officers.

The President shall declare war [and] conclude peace.

The President is the Commander-in-chief of the Army and Navy, and leads the land and sea forces of the Nation.

The President shall determine the organization and the strength of the Army and Navy.

The President shall receive foreign ambassadors and ministers.

The President makes treaties; but should articles therein provide for any change of territory, or increase the burdens of the citizens, the concurrence of the Legislature shall be required.

The President may, in accordance with the provisions of the statute, declare a state of siege.

The President may confer titles of nobility, rank, orders and other marks of honor.

The President may grant general amnesty, special pardon, commutation of punishment and restoration of rights. In the case of general amnesty the concurrence of the Legislature shall be required.

When the President, for any cause, vacates his office or is unable to exercise the powers and functions connected therewith, the Vice President shall act in his stead.

Statutes shall be enacted by the Legislature composed of members elected by the people.

The organization of the Legislature and the method of the election of its members shall be prescribed and determined by the Constitutional Compact Conference.

The competence of the Legislature shall be as follows:

(a) To discuss and pass bills.

(b) To discuss and pass the estimates.

(c) To discuss and pass or approve measures relating to the assumption of public debts, and to the contracting of other liabilities to the charge of the National Treasury.

(d) To reply to inquiries addressed to it by the President.

(e) To receive petitions from the people.

(f) To initiate legislation.

(g) To submit to the President suggestions and opinions relating to legislation and other matters.

(h) To raise questions in regard to administration over which doubts have arisen and to request the President to reply thereon. But the President may refuse to reply should he deem it necessary for the matter to be kept in secret.

(i) Should the President make an attempt against the State, the Legislature may institute against him impeachment proceedings in the Supreme Court of Justice, if approved by a majority of three-fourths or over of a quorum of four-fifths or over of the total number of members of the Legislature.

The exercise of the powers mentioned in clauses 1 – 8 of this article, and articles 20, 25, 28, 55 and 57 shall require the concurrence of a majority of the members present in the Legislature.

The annual session of the Legislature shall not exceed four months in duration, but may be prolonged should the President consider it necessary. The President may call an extraordinary session during the recess.

The deliberations of the Legislature shall be public, but the members may sit behind closed doors at the request of the President, or as a result of the decision of a majority of the members present.

Bills which have passed the Legislature shall be promulgated and enforced by the President.

But if the President shall disapprove a bill duly passed in the Legislature, he may return the bill to the Legislature for reconsideration, with a statement of the reasons of his disapproval. Even in case that the former decision of the Legislature be adhered to by a majority of two-thirds or over of the members present, if the President still maintain that the bill would greatly endanger or harm either the internal administration of the State or its foreign relations, or that there are great and important obstacles in the way of its execution, in such a case the President may, with the concurrence of the Council of State, withhold promulgation.

The Speaker and the Deputy Speaker of the Legislature shall be elected from and among the members by a majority of the votes cast.

Members of the Legislature shall not be held responsible, outside of the House, for their speeches, debates or for votes cast in the House.

Except when discovered in the commission of a crime, or when involved in crimes connected with internal or external troubles, no member of the Legislature shall be arrested during the session without the permission of the House.

The Legislature shall prescribe its own rules and procedure.

The President is the chief of the Administration and shall be assisted by one Secretary of State.

The affairs of the Administration shall be separately conducted by the Departments of Foreign Affairs, Interior, Finance, War, the Navy, Justice, Education, Agriculture and Commerce, and of Communications.

The Heads of the Departments shall manage the Administration of their respective Departments in accordance with laws and ordinances.

The Secretary of State, the Heads of the Departments, and Special Delegates representing the President, shall be entitled to sit and speak in the Legislature.

The Secretary of State and the Heads of the Departments may be impeached by the Censors and judged by the Court of Administrative Justice, should they violate the law.

The Courts of Law shall be composed of the law officers appointed by the President.

The organization of the Courts of Law and the qualification of the law officers shall be determined by statute.

The Courts of Law, in accordance with the provisions of the statute, shall try and judge all civil and criminal cases. But administrative law proceedings shall be tried and judged according to the law governing the same.

The procedure of impeachment cases in the Supreme Court of Justice, as provided for under clause 9 of Article 31, shall be determined separately by statute.

In the Courts of Law, trials shall be conducted and judgment shall be rendered publicly. When, however, it is considered that publicity may be prejudicial to peace and order, or to the maintenance of public morality, secrecy may be observed.

During his term of office, no officer shall be reduced in salary, nor transferred to another office, nor shall he be deprived of his office except as a consequence of punishment according to statute, or of disciplinary measures entailing dismissal.

The Council of State, when consulted by the President, shall deliberate upon important matters of state.

The organization of the Council of State shall be determined by the Constitutional Compact Conference.

The imposition of new taxes and the modification of the rates of the existing taxes shall be made by statute. The taxes levied at present shall, unless changed by statute, be collected as in the past.

The annual receipts and expenditures of the State shall be dealt with in accordance with the provisions of the estimates passed by the Legislature.

In order to meet special requirements, there may be included in the estimates appropriations to continue for a certain number of years as a Continuing Expenditure Fund.

In order to supply deficiencies in the estimates, or to meet requirements unprovided for in the same, a Reserve Fund shall not be provided for in the estimates.

Estimates for the objects of expenditure specified below shall not be rejected or reduced except with the concurrence of the President:

(1) Those appertaining to the legal obligations of the Government.

(2) Such necessary expenditures as may have arisen as the effects of statutes.

(3) Expenditures necessary to carry out treaties.

(4) Expenditures necessary for the organization of the Army and Navy.

In case of international warfare or internal disturbance, or under extraordinary circumstances, when the Legislature cannot be convoked, the President, with the concurrence of the Council of State, may make urgent financial appropriations. But he shall request the Legislature for ratification at the beginning of its next session.

If the new estimates have not been acted upon, the appropriations of the previous year shall continue in force. The same procedure shall be observed should the adoption of the estimates be delayed after the fiscal year has already begun.

The final accounts of the receipts and expenditures of the State shall be audited every year by the Board of Audit, and shall be reported by the President to the Legislature for approval.

The organization of the Board of Audit shall be determined by the Constitutional Compact Conference.

The Constitution of the Chung Hua Min Kuo shall be drafted by a Committee established for this purpose.

Members of this Committee shall be composed of ten persons elected by the Council of State.

The Draft of the Constitution of the Chung Hua Min Kuo shall be examined and passed by the Council of State.

After the Constitution of the Chung Hua Min Kuo has been examined and passed by the Council of State, it shall be submitted by the President to the National Convention for final adoption.

The organization of the National Convention shall be determined by the Constitutional Compact Conference.

The National Convention shall be convoked and dissolved by the President.

The Constitution of the Chung Hua Min Kuo shall be promulgated by the President.

Laws and ordinances in force before the enforcement of the Constitutional Compact, so far as they do not come into conflict with the same, shall continue to be valid.

The Articles proclaimed on the twelfth day of the second month of the first year of the Min Kuo, regarding the favorable treatment of the Ta Ching Emperor after his abdication of the Throne, and the special treatment of the Ching Imperial Clan, as well as the special treatment of the Manchus, Mongols, Mohammedans, and Tibetans, shall never be modified. The statute on the treatment of the Mongols, which is correlated with the foregoing Articles, shall continue to be effective unless changed by statute.

On the proposal of a majority of two-thirds or over of the members of the Legislature, or on the proposal of the President, in either case if approved by a majority of three-fourths or over of a quorum of four-fifths or over of the total number of members of the Legislature, the President shall convoke the Constitutional Compact Conference to amend the Constitutional Compact.

Before the Legislature shall have been convoked, its powers and functions shall be assumed and discharged by the Council of State.

The Constitutional Compact of the Chung Hua Min Kuo shall take effect as from the date of promulgation, on which day the Provisional Constitution, proclaimed on the eleventh day of the third month of the first year of the Min Kuo, shall become null and void.