Marshall Mission Files, Lot 54–D270
Charter for the Interim Government of the Republic of China96
Article I. The National Government of the Republic of China hereby enacts and promulgates the following organic law for the interim period pending the inauguration of constitutional government.
Article II. Interim National Council
Section 1. The Supreme National Defense Council is abolished.
Section 2. An Interim National Council is herewith established in which is vested the powers heretofore exercised by the Supreme National Defense Council as well as other powers provided for in this instrument.
Section 3. The Interim National Council shall at all times consist of twenty members to be appointed by the President of the Republic of China who shall himself be Chairman of the Council. Nine members of the Council shall be appointed by the President upon nomination of the Kuomintang, six upon nomination of the Communist Party, one upon nomination of the Democratic League, one upon nomination of the Youth Party and three upon the President’s own motion from among distinguished citizens of the Republic who are members of no party.
Section 4. In the exercise of its duly established powers the Interim National Council shall act by the affirmative vote, or the negative vote, of a majority of those members present. In case of a tie, the President shall cast the deciding vote. No fewer than fifteen members shall constitute a quorum and no action may be taken by the Council unless a quorum is present. In the event a quorum is not present, the Chairman shall summon one.
Section 5. The acts of the Interim National Council shall be approved or disapproved by the President within ten days. If he approves an act, it shall be effective immediately, unless an effective date is otherwise specified in the act itself. If the President disapproves an act he shall return it to the Interim National Council for reconsideration. If fourteen members of the Interim National Council shall again approve an act which has been returned by the President for reconsideration, it shall become effective immediately. If, within the ten day period, the President has not approved or disapproved an act of the Interim National Council it shall become effective immediately.
Section 6. The Interim National Council shall meet in continuous session until the constitution of the Republic of China shall have [Page 140] become operative, except for recesses, none to exceed three weeks in length, which it may take on its own motion.
Article III. The President shall appoint the President of the Executive, Legislative, Judicial, Control and Examination Yuan, the Councillors of the National Military Council, and the Ministers and Directors of the Ministries and Commissions of the five Yuan and National Military Council; fifty (50) per cent of these officials shall be nominated by Kuomintang members of the Interim National Council and thirty (30) per cent by Communist members. The remaining twenty (20) per cent of the above stated Government officials shall be appointed, with the approval of the Interim National Council, from members of other parties or persons of no party affiliation.
Article IV. Provincial and Local Government
Section 1. The President shall, with the approval of the Interim National Council, appoint the Governors of the Provinces of the Republic of China and the mayors of the special municipalities. The Governors of the Provinces of Jehol, Chahar, Suiyuan, Ninghsia, Shantung, Hopeh, Shansi, Shensi, Honan and Kansu, shall be appointed by the President from nominees agreed upon by a special committee of the Interim National Council which shall be composed of two Kuomintang members and two Communist members. The mayors of the special municipalities of Peiping, Tientsin and Tsingtao, shall be appointed in a similar manner. The terms of office of the incumbent governors and mayors in the provinces and special municipalities specifically referred to in this section shall terminate not later than sixty days after the promulgation of this act.
Section 2. Pending the establishment of constitutional government, the National Government shall promulgate no act affecting the administration of local government without the approval of the Interim National Council with at least sixteen members voting in the affirmative. Local government shall continue to be administered by the authorities who were in charge on the date of the promulgation of this act. In areas where local authority was in question on the effective date of this act, interim authorities shall be selected by a committee of the Interim National Council which shall be composed of two Kuomintang members and two Communist members.
Article V. No act of the National Government, Provincial Governments or local governments shall be valid which shall:
Section 1. Abridge the freedom of speech or publication or the right of people peaceably to assemble, associate, organize or communicate freely.
Section 2. Violate the right of the people to be secure in their persons, [Page 141] houses, papers and effects against unreasonable search and seizure, or which shall permit the arrest or trial of any person by other than duly constituted police or judicial authorities, or which shall permit the arrest of any person without immediate public notice of the name of the individual and the time, the place and the reason for such arrest, or the detention of any person without trial.
Section 3. Deprive any person of life, liberty or property without due process of law or which shall take private property for public use without just compensation.
Section 4. Prejudice the equality under the law of any person for reason of sex, race, religion, or membership in a political party or other peaceful association.
Article VI. All acts of the Government of the Republic of China or of the Governments of the Provinces of the Republic of China which are inconsistent with the foregoing statements of rights of the people are herewith declared invalid. All persons detained in a manner inconsistent with the above statement of the rights of the people are herewith granted their immediate and unconditional release. All property impounded or held in confiscation in a manner inconsistent with the above statement of rights is herewith returned to its proper owner.
Article VII. Additional Powers of the Interim National Council
Section 1. The Interim National Council shall be directly responsible for the protection of the rights of the people herein set forth, and shall immediately create a standing commission representing all parties to investigate and report to the President and to the Council charges of violations of the rights of the people.
Section 2. The Interim National Council shall immediately create a commission representing all parties as well as persons of no party to draft a constitution for submission to the National Assembly. A draft constitution approved by the Interim National Council shall be submitted to the National Assembly by May 5 of the thirty-fifth year of the Republic. This constitution shall be initially adopted by the National Assembly in the form submitted before July 1 of the thirty-fifth year of the Republic, with a proviso for the election of new National Assembly to revise or amend this constitution before July 1 of the thirty-sixth year of the Republic.
Section 3. Upon the adoption of the constitution, the Interim National Council shall supervise the reconstitution of the Government of the Republic of China in accordance with the constitution. The new government shall be established and shall become operative no later than January 1, 1947.
- Apparently the document handed to Generalissimo Chiang Kai-shek by General Marshall on January 22; see telegram No. 98, infra.↩