Chapter 26

Art. 53. Within ten months after the promulgation of this Provisional Constitution the Provisional President shall convene a National Assembly, the organization of which and the laws for the election of whose members shall be decided by the National Council.

Art. 54. The Constitution of the Republic of China shall be adopted by the National Assembly, but before the promulgation of the Constitution, the Provisional Constitution shall be as effective as the Constitution itself.

Art. 55. The Provisional Constitution may be amended by the assent of two-thirds of the members of the National Council or upon the application of the Provisional President and being passed by over three-fourths of the quorum of the Council consisting of over four-fifths of the total number of its members.

Art. 56. The present Provisional Constitution shall take effect on the date of its promulgation, and the fundamental articles for the organization of the Provisional Government shall cease to be effective on the same date.

Sealed by THE NATIONAL COUNCIL.

THE PRESIDENTIAL ELECTION LAW

Passed October 4, 1913, by the National Assembly and promulgated by the then Provisional President on October 5 of the same year.

Article 1. A citizen of the Chinese Republic, who is entitled to all the rights of citizenship, is 40 years or more in age and has resided in China for not less than ten years, is eligible for election as President.

Art. 2. The President shall be elected by an Electoral College organized by the members of the National Assembly of the Chinese Republic.

The said election shall be held by a quorum of two-thirds or more of the entire membership of the said Electoral College and shall be conducted by secret ballot. A candidate shall be deemed elected when the number of votes in his favour shall not be less than three-fourths of the total number of votes cast at the election. If no candidate secures the requisite number of votes after two ballotings, a final balloting shall be held with the two persons, securing the greatest number of votes at the second balloting, as candidates. The one securing a majority of votes shall be elected.

Art. 3. The term of office of the President shall be five years; and if re-elected, he may hold office for one more term.

Three months previous to the expiration of the term, the members of the National Assembly shall convene and organize by themselves the Electoral College to elect the President for the next period.

Art. 4. The President on taking office shall make oath as follows:

"I hereby swear that I will most sincerely obey the constitution and faithfully discharge the duties of the President."

Art. 5. Should the post of the President become vacant, the Vice- President shall succeed to the same TO THE END OF THE TERM OF THE ORIGINAL PRESIDENT.

Should the President be unable to discharge his duties for any cause the Vice-President shall act in his stead.

Should the Vice-President vacate his post at the same time, the Cabinet shall officiate for the President. In this event the members of the National Assembly of the Chinese Republic shall convene themselves within three months to organize an Electoral College to elect a new President.

Art. 6. The President shall vacate office on the expiry of his term. Should the election of the next President or Vice-President be not effected for any cause, or having been elected should they be unable to be inaugurated, the President and Vice-President whose terms have expired shall quit their posts and the Cabinet shall officiate for them.

Art. 7. The election of the Vice-President shall be according to the fixed regulations for the election of the President, and the election of the Vice-President shall take place at the same time when the President is elected. Should there be a vacancy for the Vice-Presidency a Vice-President shall be elected according to the provisions herein set forth.

APPENDIX

Before the completion of the Formal Constitution, with regard to the duties and privileges of the President the Provisional Constitution regarding the same shall temporarily be followed.

"THE CONSTITUTIONAL COMPACT"

Drafted by Dr. Frank Johnson Goodnow, Legal Adviser to Yuan Shih- kai, and promulgated on May 1, 1914