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THE HONGKONG GOVERNMENT GAZETTE, 19TH APRIL, 1873.
Forfeiture of Fittings.
XIV. The said Magistrates shall have full Power and Authority to hear and determine summarily all Cases of Seizure of Fittings, and upon Proof of the Legality of the Seizure, to declare the said Fittings to be forfeited to the Crown.
SCHEDULE.
Emigration Officer's Certificate under "the Chinese Emigration Ordinance, 1873,"
1 (d. B.), Emigration Officer of Hongkong, do hereby Certify, that I have inspected the Fittings of the Chinese Emigrant Ship "
" of which and have ap→
is Master, bound for
proved of the same.
A. B.
Dated at Hongkong, the
Day of
187
Statement of Objects and Reasons.
This Ordinance is intended to supplement the law in reference to the inspection and regulation of the Fittings of ships which leave this Colony in ballast, to take up Chinese Emigrants at other places out of British jurisdiction. The inspection and regulation of the Fittings of ships intended for the conveyance of Chinese Emigrants to be embarked in this Colony, is amply dealt with by the "Chinese Passengers Act, 1855," as well as by local Ordinances; but not as regards the class of ships above referred to. Section III of Ordinance No. 9 of 1856, provides that any
"Chinese Passenger Ship," (that is, a ship "carrying more than 20 passengers being Natives of Asia,") clearing for any port out of the Colony for the purpose of commencing at such port a voyage of more than 7 days' duration, shall be within the "Chinese Passengers Act, 1855;" but the vessels to which the present Ordinance is intended to apply, are those which leave this Colony, without any Chinese Passengers on board, but with the view to the embarkation of Chinese Passengers elsewhere. Such vessels are not "Chinese Passenger Ships," within the meaning of the "Chinese Passengers Act, 1855," and therefore are not subject to its provisions.
The only enactment under which the Fittings of such ships can be regulated is Section 27 of the Harbor Ordinance (No. 1, of 1869). That Section is as follows: "Every Master of any Vessel whatsoever fitting in this Harbor for the Conveyance of Emigrants whether to be shipped at this or any other Port, shall report the same to the Harbor Master under a Penalty not exceeding $500, and the Fittings of said Vessel shall be subject to approval of such Office:, who is empowered at all reasonable times to go on board and inspect such Vessel; and any Person who shall in any way impede the Harbor Master in the execution of this duty shall also be liable to a Penalty not exceeding Five Hundred Dollars."
Since the passing of the Harbor Ordinance in 1862, further Provision has been made by law for compelling vessels coming under the operation of the " Chinese Passengers Act, 1855," to report themselves, (see Section 5 of No. 12 of 1868), and the reporting of such vessels, and the inspection and regulation of their Fittings is provided for by the Imperial Act itself.
Therefore Section 27 of the Harbor Ordinance is now of no utility as respects "Chinese Passenger Ships," and it is found in practice insufficient in its Provisions to enable the Authorities to deal satisfactorily with the class of ships to which the new legislation is intended to apply.
The proposed Ordinance, therefore, repeals Section 27 of the Harbor Ordinance and substitutes much more stringent re- gulations. These are called for by the practice which has lately been discovered to exist of concealing and carrying in the holds of ships intended for the Macao Coolie Trade, gratings, barricades, and other objectionable fittings manufactured by carpenters and artizans in this Colony.
JULIAN PAUNCEFOTE, Attorney General.