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856
THE HONGKONG GOVERNMENT GAZETTE, 25TH AUGUST. 1888.
Number of Chinese
to be brought to Colony by vessel.
Penalty.
One hundred pounds to be paid for each Chinese arriving by vessel.
Penalty.
The like sum to be paid for Chinese
arriving otherwise than by sea.
Penalty on not pay-
ing or having had
paid fee for en-
5. If any vessel having on board a greater number of Chinese than in the propor- tion of one Chinese to every three hundred tons of the tonnage of such vessel shall arrive at any time in any port in this Colony, the owner, master, or charterer of such vessel shall be liable on conviction to a penalty of five hundred pounds for each Chinese carried in excess of the foregoing limitation unless the defendant shall show that the Chinese so carried is by birth a British subject or one of the crew, or has not been landed in the Colony, and is not intended to be so landed, or who shall prove to the satisfaction of the Collector of Customs or other duly authorized officer, that he is the bonâ fide holder of a certificate of naturalization in New South Wales, or of ån exemption certi- ficate duly granted under the provisions of the Influx of Chines: Restriction Act of 1881." For the purposes of this Act the tonnage of a vessel shall be ascertained (if she be a British ship) by her certificate of registry, and, if not, or if the said certificate shall not be produced, then according to the rules of measurement prescribed by the "Mer- chant Shipping Act, 1854," being the Act of the Imperial Legislature seventeenth and eighteenth Victoria, chapter one hundred and four.
6. Before any Chinese arriving from parts beyond this Colony shall be permitted to land from any vessel at any port or place in the said Colony, and before making any entry at the Customs. the master of the vessel by which such Chinese shall so arrive shall pay to the said Collector or other principal officer the sum of one hundred pounds for every such Chinese, and to entry shall be deemed to have any legal effect until such payment shall have been made, and such Chinese for whoin such sum has been paid shall receive from the said Collector or other principal officer a certificate to that effect. And if any master shall neglect to pay any such sum or shall land, or permit to land, or suffer to land, or to escape from such vessel at any port or place in the said Colony any Chinese before such sum shall have been paid by such master or his agent, or before such list shall have been delivered, such master shall be liable for every such offence to a penalty of five hundred pounds for each Chinese so landed, or permitted, or suffered to land, or to escape, and in addition to such penalty shall also pay the sum hereby required to be paid for each such Chinese.
7. Every Chinese arriving in this Colony alter the passing of this Act, otherwise than by a vessel shall pay, or there shall be paid for him, to some officer whom and at such places as the Governor, with the advice of the Executive Council, may appoint at, on, or near the borders of the Colony, or otherwise conveniently situated for that purpose, the sum of one hundred pounds.
8. If any Chinese shall enter or attempt to enter this Colony who shall not have puid or had paid for him the said sum of one hundred pounds, he shall be liable to a trance to the Colony. penalty of fifty pounds, and to the payment in addition thereto of the said sum of one hundred pounds required to be paid by section six hereof, and on default of payment of such penalty and sum shall be liable to imprisonment for two years, unless such penalty and sum be sooner paid, and may be apprehended and taken before any Justice of the Peace to be dealt with in due course of law.*
Appropriation of penalties and pay- ments under Act.
Evidence of person being a Chinese.
Not to be allowed to engage in mining.
Exemption of ver- tain officials, &c.
Exemption of crews.
Penalties bow recovered.
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9. All penalties and all moneys ordered to be paid or being the proceeds of any sale made under the authority of this Act shall be paid into the Consolidated Revenue.
10. For the purposes of all proceedings under this Act, the Stipendiary or Police Magistrate or the Justices may decide, upon his or their own view and judgment, whether any person produced before them is a Chinese within the meaning of this Act.
11. No Chinese who shall arrive in this Colony after the passing of this Act shall be permitted to engage in the work of any gold, silver, or other mine, or in any mining pursuit whatever, without express authority under the hand and seal of the Minister in charge of the Department of Mines.
12. The provisions of this Act shall not be applicable to any Chinese duly accre- dited to this Colony by the Government of China, or by or under the authority of the Imperial Government on any special mission.
13 The penalties and restrictions imposed by this Act shall not, nor shall any of them, be held to be applicable in respect of any Chinese being one of the crew of any vessel arriving in any port in New South Wales, and who shall not be discharged there- from or land, except in the performance of his duties in connection with such vessel.
14. All penalties and sums of money recoverable under this Act shall be recovered in a summary way at the suit o some oficer of Customs authorized by the Colonial Treasurer, or of other officers appointed for such purpose, by like authority before any