Month: August 1908
The Great Powers of His Majesty
I, The Great Qing Emperor rules the Great Qing Empire, for all generations, and must be eternally respected.
II, The sacred dignity of His Majesty may not be violated.
III, The power to compose, review and issue laws and deliver proposals. All laws, although they are decided upon by the legislature, that have not yet been approved and promulgated through an imperial edict, cannot be implemented.
IV, The power to convene, open and close, dismiss and dissolve the legislature. At the time of dissolution, the citizens shall be ordered to re-organize elections for new legislative members, where the old members of the dismissed legislature have disobeyed, just like the common masses, they shall be punished according to corresponding laws in consideration of the circumstances.
V, The power to set up civil service pay scales, demote and promote the various directors. The power to employ people is held by His Majesty, with the assistance of the Ministers, the legislature may not intervene.
VI, The power to command the army and navy and to determine the military system. His Majesty dispatches national troops and formulates quota for regular troops, and has full powers to implement. The legislature may not intervene in any army matter.
VII, The power to declare war, make peace, conclude treaties, dispatch envoys and accept envoys. Matters of diplomatic relations are to be decided by His Majesty personally, and are not handed over for resolution to the legislature.
VIII, The power of admonition and imposing curfews. In times of emergency, the liberties of subjects may be limited by imperial decree.
IX, The power to ennoble, reward and pardon. Honour comes from His Majesty, and it is not for Ministers to act on their own initiative.
X, The power to command the judiciary. Appointments in judicial government offices, are to be conducted in accordance with laws composed and reviewed by the Emperor, and these are not to be altered through imperial decree at any time. Judicial power is held by His Majesty, judges are appointed by His Majesty and administer the law on his behalf, they are not to be altered through imperial decree at any time, where cases involve important matters, orders composed and reviews by the emperor must be the standard, in order to avoid divergence.
XI, The power to issue orders and cause orders to be given. Already determined laws, without being submitted to the legislature for assistance in memorializing and composition, may not be revised or abolished through an imperial order. Laws are for the purpose of His Majesty implementing His judicial powers, orders are for the purpose of His Majesty implementing His administrative powers, the two powers are separated, therefore, laws are not to be revised or altered through orders.
XII, At times when the legislature is adjourned, in the event of emergencies, imperial decrees may be issued to replace laws, and the necessary finances may be raised through imperial decree. By the time of convention in the year thereafter, this must be submitted to the legislature for consultation.
XIII, The expenses of the Imperial House, shall be paid by the national treasury according to the regular quota determined by His Majesty, the legislature may not discuss this.
XIV, The great ceremonies of the Imperial House shall be decided by His Majesty in command of the Imperial Family and specially appointed Ministers, the legislature may not intervene.
The rights and obligations of subjects (the detailed catalogue will be determined when drafting the Constitution)
I, Those among the subjects that have suitable qualifications determined through laws and orders, may become civil and military officials and members of the legislature.
II, Within the scope of the law, subjects are allowed to be free in all matters concerning speech, writing, publishing and assembly or association.
III, Subjects may not be subject to arrest, custody or punishment outside the provisions of the law.
IV, Subjects may request judges to try cases they present.
V, Subjects shall accept the findings of judicial government offices as determined by the law.
VI, Subjects’ property and residence may not be invaded without cause.
VII, Subjects have the obligation to pay taxes and serve in the military according to the provisions of the law.
VIII, Subjects tax payments, where they have not been altered by newly determined law, shall be paid as before.
IX, Subjects have the obligation to observe national laws.