The Fight For The Republic in China Part 38

EXCHANGE OF NOTES RESPECTING THE f.u.kIEN QUESTION

--Note--

Peking, the 25th day of the 5th month of the 4th year of the Republic of China.

Excellency,

A report has reached me to the effect that the Chinese Government has the intention of permitting foreign nations to establish, on the coast of f.u.kien Province, dock-yards, coaling stations for military use, naval bases, or to set up other military establishments; and also of borrowing foreign capital for the purpose of setting up the above-mentioned establishments.

I have the honour to request that Your Excellency will be good enough to give me reply stating whether or not the Chinese Government really entertains such an intention.

I avail, etc.,

(Signed) HIOKI EKI.

His Excellency, Lou Tseng-tsiang, Minister of Foreign Affairs.

--Reply--

Peking, the 25th day of the 5th month of the 4th 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 which I have noted.

In reply I beg to inform you that the Chinese Government hereby declares that it has given no permission to foreign nations to construct, on the coast of f.u.kien Province, dock-yards, coaling stations for military use, naval bases, or to set up other military establishments; nor does it entertain an intention of borrowing foreign capital for the purpose of setting up the above-mentioned establishments.

I avail, etc.,

(Signed) LOU TSENG-TSIANG.

His Excellency, Hioki Eki, j.a.panese Minister.

APPENDIX

DOc.u.mENTS IN GROUP IV

(1) The Draft of the Permanent Const.i.tution completed in May, 1917.

(2) The proposed Provincial System, _i.e._, the local government law.

(3) Memorandum by the Ministry of Commerce on Tariff Revision, ill.u.s.trating the anomalies of present trade taxation.

(4) The leading outstanding cases between China and the Foreign Powers.

DRAFT OF THE NATIONAL CONSt.i.tUTION OF CHINA

(As it stood on May 28th, 1917, in its second reading at the Const.i.tutional Conference.)

The Const.i.tutional Conference of the Republic of China, in order to enhance the national dignity, to unite the national dominion, to advance the interest of society and to uphold the sacredness of humanity, hereby adopt the following const.i.tution which shall be promulgated to the whole country, to be universally observed, and handed down unto the end of time.

CHAPTER I. THE FORM OF GOVERNMENT

Article 1. The Republic of China shall for ever be a consolidated Republic.

CHAPTER II. NATIONAL TERRITORY

Art. 2. The National Territory of the Republic of China shall be in accordance with the dominion hithertofore existing.

No change in National Territory and its divisions can be made save in accordance with the law.

CHAPTER ... GOVERNING AUTHORITY

Art ... The power of Government of the Republic of China shall be derived from the entire body of citizens.

CHAPTER III. THE CITIZENS

Art. 3. Those who are of Chinese nationality according to law shall be called the citizens of the Republic of China.

Art. 4. Among the citizens of the Republic of China, there shall be, in the eyes of the law, no racial, cla.s.s, or religious distinctions, but all shall be equal.

Art. 5. No citizens of the Republic of China shall be arrested, detained, tried, or punished save in accordance with the law. Whoever happens to be detained in custody shall be ent.i.tled, on application therefore, to the immediate benefit of the writ of habeas corpus, bringing him before a judicial court of competent jurisdiction for an investigation of the case and appropriate action according to law.

Art. 6. The private habitations of the citizens of the Republic of China shall not be entered or searched except in accordance with the law.

Art. 7. The citizens of the Republic of China shall have the right of secrecy of correspondence, which may not be violated except as provided by law.

Art. 8. The citizens of the Republic of China shall have liberty of choice of residence and of profession which shall be unrestricted except in accordance with law.

Art. 9. The citizens of the Republic of China shall have liberty to call meetings or to organize societies which shall be unrestricted except in accordance with the law.

Art. 10. The citizens of the Republic of China shall have freedom of speech, writing and publication which shall be unrestricted except in accordance with the law.

Art. 11. The citizens of the Republic of China shall be ent.i.tled to honour Confucius and shall enjoy freedom of religious belief which shall be unrestricted except in accordance with the law.

Art. 12. The citizens of the Republic of China shall enjoy the inviolable right to the security of their property and any measure to the contrary necessitated by public interest shall be determined by law.

Art. ... The citizens of the Republic of China shall enjoy all other forms of freedom aside from those hithertofore mentioned, provided they are not contrary to the spirit of the Const.i.tution.

Art. 13. The citizens of the Republic of China shall have the right to appeal to the Judicial Courts according to law.

Art. 14. The citizens of the Republic of China shall have the right to submit pet.i.tions or make complaints according to law.