308
THE HONGKONG GOVERNMENT GAZETTE, 22ND JULY, 1876.
Time and mode of application for licence at the ports out of the Colony.
Punishment for
furnishing untrue
particulars. [Ibid, sec. 5.]
General licences to
mail steamers, &c.
Conditions of licence and amount of fee. [Ibid, sec. 6.]
3. Whenever any Chinese passenger ship, which is not provided with a licence covering her intended voyage, is about to proceed with free Chinese emigrants under no contract of service whatever from any port in China, or within one hundred miles of the Coast thereof, upon a voyage of not more than thirty days' duration, the owners or charterers of such ship, or, if absent, their respective agents, may, before such ship is laid on for the conveyance of Chinese emigrants, and before any depôt is opened for their reception, apply in writing to the Emigration Officer at such port for a licence under his hand and seal for the conveyance of such emigrants upon the intended voyage only, and shall furnish all particulars as to the destination of the said ship, and as to all other matters relating to the intended voyage and emigra- tion which may be required of them.
4. All such particulars shall, if so ordered, be verified upon oath before the Emigration Officer or any Justice of the Peace, and every person who shall knowingly furnish untrue particulars, shall be liable to imprisonment, with or without hard labour, for any period not exceeding six calendar months, and to a fine not exceeding one hundred dollars, either in addition to or in substitution of such imprisonment.
5. The Governor in Council may, at his discretion, grant to any vessel a general licence for any period, or for any number of voyages, or for voyages to and from any specified port or ports, upon the condition that the vessel provided with such licence shall carry only free passengers under no contract of service whatever, except as hereinafter mentioned.
6. The granting of any licence shall be in the discretion of the Governor in Council, and in cases within the third paragraph of this section, shall be in the discretion of the Emigration Officer, and in every case shall be subject to the payment of a fee of five dollars, and to such conditions as may, from time to time, Governor in Council be prescribed under instructions from Her Majesty's Principal Secretary of State for the Colonies, and the may impose conditions. Governor in Council may impose such conditions on the granting of any licence as he shall think expe- dient in each particular case, provided the same shall not be contrary to or inconsistent with such instruc- tions.
Licence to specify time
7. Every licence, other than a general licence granted under this section in respect of any Chinese of departure; proviso passenger ship shall specify the period within which such ship shall clear out and proceed to sea: Provided [Ibid, sec. 7.]
always that it shall be lawful for the Governor in Council, or Emigration Officer who granted the licence, from time to time, to extend such period.
The Governor may authorise labourers and servants to be engaged for persons British possessions.
Ordinance 5 of 1874
in
not to prevent Chinese
passengers from
travelling in first or second cabin as other
nationalities.
Power to remove
master or other officer. [Ibid, sec. 8.]
Power to revoke and cancel licence. [Ibid, sec. 9.]
Breach of condition of licence.
Application of penalty for breach of this
Ordinance recoverable
8. The Governor in Council may, at his discretion, authorise any person to engage any specified number of Chinese artisans, mechanics, labourers, or servants for any person resident in any British possession, and to make contracts in writing on behalf of such resident with the persons so engaged. Every such contract shall be made in triplicate, and one part shall be lodged in the office of the Emigration Officer; and such part shall be admissible in evidence without a stamp.
Any vessel provided with a general licence may curry any persons so engaged without thereby affecting her licence.
9. Nothing in "The Chinese Emigration Consolidation Ordinance, 1874," shall prevent passengers, natives of Asia, from travelling in the first class cabin of any vessel which is provided with a general licence, on the same terms as passengers of other nationalities; or in the first or second class cabin, if the vessel carries more than two classes of passengers.
Such passengers are hereby exempted from the necessity of obtaining contract passage tickets, or of sub- mitting themselves to be mustered or inspected by any Emigration Officer, or medical officer, or other person. Such passengers shall, however, be reckoned in calculating the number of passengers, natives of Asia, who are carried by the said vessel.
10. In case it shall be shown to the satisfaction of the Governor in Council, at any time before the departure of a Chinese passenger ship, that the master, mate, or any other officer of such ship is unfit for the proper discharge of his duties by reason of incompetency or misconduct, or for any other sufficient cause, it shall be lawful for the Governor, by order under his hand, to discharge and remove such master, mate, or other officer from the said ship, and thereupon the owners or charterers thereof, or their agents, shall forthwith appoint a master, or mate, or other officer, as the case may be, to be approved by the Emigration Officer, in the place of the one so discharged and removed as aforesaid.
11. In any of the following cases, namely:-
(4.) If it shall appear to the satisfaction of the Governor in Council, or Emigration Officer, at any time before the departure of a Chinese passenger ship, that the particulars furnished to him in relation thereto under the second paragraph of this section are untrue, or that any condition of the said licence has been violated;
(b.) If any Chinese passenger ship shall fail to clear out and proceed to sea, within the period spe-
cified in the licence granted under this section, or within such extended period as aforesaid; (c.) If the owners or charterers of a Chinese passenger ship shall fail forthwith to appoint a master, mate, or other officer to be approved as aforesaid, in the place of any master, mate, or other officer discharged under the tenth paragraph of this section;
It shall be lawful for the Governor in Council or Emigration Officer to revoke the licence granted by him under this section in respect of such Chinese passenger ship, and to order that the said ship be seized and detained until her emigration papers (if already granted) be delivered up to be cancelled.
12. The breach of any condition of a licence granted under this section shall be deemed a breach of a regulation respecting Chinese passenger ships within the meaning of section II of "The Chinese Passengers' Act, 1855."
13. It shall be lawful for the Governor in Council to apply the whole or any part of the penalty recoverable in case of the non-observance or non-performance of the regulations of this section under the under The Chinese provisions of section V of "The Chinese Passengers' Act, 1855," towards the expenses of reconveying to their homes intending emigrants by any vessel in respect of which the licence granted under this section shall have been revoked in manner hereinbefore provided.
Passengers' Act,
1855."
[Ibid, sec. 10.]
Regulations of schedule A of
"Chinese Passengers' Act, 1855," not to be affected by this section.
Suspending clause.
14. Nothing in this section shall be deemed to affect the regulations contained in schedule A of "The Chinese Passengers' Act, 1855.”
III. This Ordinance shall not come into operation until Her Majesty's confirmation of the same shall have been proclaimed by the Governor.
Passed the Legislative Council of Hongkong, this 26th day of April, 1876.
H. ERNEST WODEHOUSE, Clerk of Councils.
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