I. GOVERNMENT Introductory Note The Manchurian provinces of China were occupied by the Kwantung Army in 1931. Direct military administration was ended on March 1, 1932 by the formal establishment of the state of "Manchoukuo" under the rule of Pu Yi, last emperor of the Manchu Dynasty. Since then Japanese authority has been exercised indirectly by means of numerous Japanese advisors and officials which Japan has supplied to the "Manchoukuo" government. Legal recognition was given to the presence of the Kwantung Army in the new state of "Manchoukuo" by a protocol (infra) signed on September 15, 1932 between the governments of Japan and "Manchoukuo", which provided that as many Japanese troops as may be necessary to defend the new state shall be stationed within the territory of "Manchoukuo." In a formal sense the protocol underwrites the position of the army. It has more significance, however, when viewed as one of a series of treaties and laws dealing with the use of "Manchoukuo" as a military base and buffer state against the U.S.S.R. On March 1, 1934, Pu Yi was enthroned as Emperor and a new organic law was promulgated (infra). The new law was modeled after the Constitution of Japan, especially with respect to the position of the Emperor. In the administrative sphere, however, the mild democratic controls provided for in the Japanese Constitution and exercised through the legislative branch of the government were omitted, and no provision was made for popular elections or political parties. Provincial and local administration in "Manchoukuo" is carried out under the direct supervision of the central government. As a device to break down the strong provincialism of the pre-1931 regime, the former four provinces (Including Jehol) of Manchuria have been subdivided into eighteen. This figure includes the four sub-provinces of Hsingan inhabited by the Mongols which are accorded a separate and special administration that pays some respect to their peculiar customs and traditional banner organization as indicated in Imperial Ordinances 82 and 83 of May 1, 1940 (infra). The princes who formerly headed these banners, however, have been removed from power and given pecuniary compensation. These protective measures were adopted in order to encourage friendly relations with the Mongol Princes elsewhere in Inner Mongolia, as well as to compensate the princes in Manchuria for their loss of actual political power.sw Organic Law of the Manchou Empire Promulgated March 1, 1934 By the grace and will of Heaven, We have acceded to the Throne and have indicated the fundamentals of the sovereign organization by enacting the. Organic Law. In the exercise of the supreme power We shall conform to the provisions of the said Law and shall not suffer the same to be violated. Imperial sign-manual and Imperial seal First day of March, First year of Kangte 1934 Countersigned by the Prime Minister and Ministers Chapter I. The Emperor Article 1. The Manchou Empire shall be reigned over and governed by an Emperor. The succession to the Imperial Throne shall be as determined separately. Article 2. The dignity of the Emperor shall be inviolable. Article 3. The Emperor is the head of the Empire, embodying the sovereign rights, and shall exercise them in accordance with the provisions of the present law. Article 4. The Prime Minister shall give his advice to the Emperor and shall be responsible for it. Article 5. The Emperor shall exercise the legislative powers with the approval of the Legislative Council.. Article 6. The Emperor shall cause the courts of justice to exercise the judicial powers in accordance with law. Article 7. The Emperor shall issue or cause to be issued ordinances for the maintenance of public peace and order and for the promotion of public welfare, or for the carrying out of laws. But no such ordinance shall in any way alter any of the existing laws. Article 8. The Emperor, in consequence of an urgent necessity of maintaining public safety or averting emergency calamities, shall be empowered to issue, with the approval of the Privy Council, when it is impossible to convene the Legislative Council, Imperial ordinances which shall have the identical force of law. Such Imperial ordinances, however, shall be reported at the following session of the Legislative Council. 1/ See "Law Governing Succession to the 'Manchoukuo' Throne," Infra. Article 9. The Emperor shall determine the organization of the different branches of administration, appoint or dismiss government officials and shall fix their salaries, except in the case of those especially provided for in the present law or other laws. Article 10. The Emperor shall have the power to declare war, make peace, and conclude treaties. Article 11. The Emperor shall have the supreme command of the military, naval, and air forces. Article 12. The Emperor shall confer decorations and other marks of distinction. Article 13. The Emperor shall order amnesty, pardon, commutation of punishments, and rehabilitations. Chapter II. The Privy Council Article 14. The Privy Council shall be composed of Frivy Councillors. Article 15. The Privy Council shall, when consulted by the Emperor, submit its opinions relative to the following matters: 4 Budgets and matters pertaining to contracts other than 5. and declarations issued in the name of the Emperor; 6. Major appointments and dismissals of government officials; 7. Other important matters of the State. Article 16. The Privy Council may report its views to the Throne on important matters relating to the affairs of the State. Chapter III. The Legislative Council Article 17. The organization of the Legislative Council shall be as determined separately by law. Article 18. All legislative and budgetary bills and matters pertaining to contracts other than budgets entailing obligations upon the National Treasury shall require the approval of the Legislative Council. Article 19. The Legislative Council may present proposals relating to affairs of the State to the State Council. Article 20. The Legislative Council may receive petitions presented by the the people. Article 21. The Legislative Council shall be convoked annually by the Emperor. The duration of the ordinary session shall be one month, which may, however, be prolonged by the Emperor in case of necessity. Article 22. No session of the Legislative Council can be opened unless more than one-third of the total number of its members are present. Article 23. The proceedings at a session of the Legislative Council). shall be decided by a majority vote. In case of a tie-vote, the chairman shall have the casting vote. Article 24. The deliberations of the Legislative Council shall be held in public. Closed sessions may, however, be held upon demand by the by a resolution of the Legislative Council. State Council or Article 25. All legislative and budgetary bills and matters pertaining to contracts other than budgets which entail obligations upon the National Treasury shall be sanctioned, promulgated, and put into force by the Emperor. In the event of the legislative and budgetary bills and matters other than budgets pertaining to contracts which entail obligations upon the National Treasury being rejected by the Legislative Council, the Emperor shall again present them to the Legislative Council by indicating his reasons therefor. When further rejected, the Privy Council shall be consulted for a decision thereon. Article 26. No member of the Legislative Council shall be held responsible outside the Council for his opinion uttered or for any vote given within the Council. Chapter IV. The State Council Article 27. The State Council shall take charge of all administrative affairs. Article 28. The State Council shall be composed of the Departments of Civil Affairs, Foreign Affairs, Defence, Finance, Industry, Communications, Justice, and Education. Article 29. The State Council shall have a Prime Minister and each of the the Departments a Minister. The Minister of each Department shall be responsible for the affairs over which he exercises jurisdiction. Article 30. The Prime Minister and the Ministers of the Departments may attend the sessions of the Legislative Council at any time and may have a voice in its deliberations, but shall have no vote. Article 31. All Imperial edicts or rescripts, Imperial messages, laws and Imperial ordinances relating to State affairs shall bear the countersignatures of the Prime Minister and the Ministers of the Departments concerned... Chapter V. The Courts Article 32. The Courts shall, in accordance with law, conduct trials of civil and criminal cases. In respect to administrative and other special |