Section VI.—Offences committed by Officers of Government, how investigated.
When any officer of government at court or in the provinces commits an offence against the laws in his public or private capacity, his superior officer shall, in all cases of importance, draw up a distinct specification thereof for the information of the Emperor, and it shall not be lawful to proceed to try the offender without the express sanction of His Majesty.
The trial and examination having taken place conformably to the Emperor's orders, His Majesty shall be again advised by a due report of the result, after which a rescript of one of the supreme[1] tribunals shall be sufficient authority for passing and executing the sentence which the laws require.
When any officer of government is injuriously treated by his superior, he shall be at liberty to submit a faithful statement thereof in accusation of such superior, to His Imperial Majesty; but if he should have been previously accused of any offence by his superior, he shall not be permitted to recriminate in any manner, but must confine himself to the subject of the allegations preferred against him[2].
Five Clauses.
- ↑ The supreme tribunals or departments in which the general administration of the empire is conducted are six in number, and correspond to the six principal divisions of the code, to which the present is an introduction.
- ↑ A translation of the official report of the trial of the prime minister and favourite of the late Emperor, of a viceroy of the province of Se-chuen, and of a governor of the city of Canton, are inserted in the Appendix as examples of the mode of proceeding adopted in such cases; see Nos. VIII. IX. and X.
