Page:Japan by the Japanese (1904).djvu/639
specially expresses his desire that it shall be otherwise. Should this argument be correct, it would mean that the conditions of government in Japan should be reproduced in Formosa, because there has been no such special expression to the contrary at the time of the annexation. This should apply both to the Constitution and to ordinances. There exists a special provision relating to the execution of laws, contained in the law No. 63, March, 1896. This states that ‘of the present laws and laws which shall be promulgated in the future, those which entirely or in part are to be carried out in Formosa shall be determined and stated by Imperial ordinance.’ In practice, however, many instances occur in which laws from their very nature and contents, have been considered as in force in Formosa, although no special regard to Imperial ordinance exists for their execution there. With regard to Imperial ordinances issued in Japan, it rests with the Government authorities to decide whether or not they shall apply to Formosa.
In Formosa, besides the laws and ordinances issued in Japan and extended to the annexed territory, there are also ordinances, having the power of laws, issued by the Governor-General and departmental ordinances. The first-named ordinances are promulgated by the Governor-General of Formosa, with the sanction of the Council. This Council consists of the Governor-General, the Chief of the Civil administration, the Military Attaché, the Chief of the Military Council, the Chief of the Naval Council, the Chief Councillor, the President of the Court of Appeal, the Procurator-General, the Head of the Police Forces’ Department, the heads of bureaux, the managers of bureaux (secretaries), and councillors. The Governor-General draws up the Bills to receive the sanction of the Council over which he himself presides. The departmental ordinances are issued by the Governor-General in accordance with the Imperial ordinance for the organization of the office of the Governor-General of Formosa. These ordinances may contain, if it should be deemed necessary, clauses dealing with punishments, but such punishments must not exceed one year’s imprisonment or fines of more than 200 yen.
Generally speaking, the laws and regulations enforced at the present time in Formosa may be summarized as follows:
- The Constitution of the Empire of Japan (1889).
- Laws specially decreed by Imperial ordinance to apply to Formosa.
- Imperial ordinances and laws having effect in Formosa by their nature and contents.
- Ordinances having the power of laws.
- Departmental ordinances.