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THE HONGKONG GOVERNMENT GAZETTE, 3RD MAY, 1873.
Title.
Preamble.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to make further Provision for the Repression of Abuses in relation to Chinese Emigration.
1873.]
[
HEREAS by "The Hongkong Emigration Ordinance,
W 1870, it is provided that no "Chinese Passenger Ship" as
No. 4 of 1870. therein defined shall be laid on for the Conveyance of Chinese Emigrants, unless Application shall have been previously made in Manner therein directed for a License under the Hand of the Governor and the Seal of the Colony; and that no such Ship shall clear out or proceed to Sea unless the Master thereof shall be provided with such License; AND WHEREAS Complaints are frequently made that Chinese Emigrants embarking at Ports or Places out of the Colony are subjected to illtreatment as well on board Ship as at the Place of their Destination, and by reason thereof, it is expe- dient to provide that no Ship intended for the Conveyance of Chinese Emigrants to be embarked from any Port or Place out of the Colony, shall hereafter be built, equipped and fitted out within the Colony without such License as is required under "The Hongkong Emigration Ordinance, 1870,” and generally to make further Provision for the Repression of Abuses in relation to Chinese Emigration: Be it enacted by the Governor of Hong- kong, with the Advice of the Legislative Council thereof, as follows:--
Short Title.
I. This Ordinance may be cited as "The Chinese Emigrant Ship Ordinance, 1873."
Interpretation
II. In the Construction of this Ordinance, if not inconsistent Clause. with the Context, the following Terms and Expressions shall have [See also
the Meanings hereinafter respectively assigned to them, that is to No. 1 of 1867.]
"Chinese Pas- senger Ship."
"Chinese Emi- grant Ship."
Building."
"Equipping."
"Ship and Equipment,"
Licenses under
say:-
"Chinese Passenger Ship," shall mean a Ship defined by and coming under the Provisions of "The Chinese Pas- sengers' Act, 1855.”
"Chinese Emigrant Ship," shall mean a Ship, not being a Chinese Passenger Ship, which shall be fitting out in this Colony or intended to be used after leaving the Waters thereof, for the Conveyance of Chinese Einigrants, to be embarked at any Port or Place out of the Colony.
"Building" in relation to a Ship shall include the doing any Act towards or incidental to the Construction of a Ship, and all Words having relation to building shall be construed accordingly;
"Equipping" in relation to a Ship shall include the furnishing a Ship with any Tackle, Apparel, Furniture, Provisions, Arms, Munitions, or Stores, or any ather Thing which is used in or about a Ship for the Purpose of fitting or adapting her for the Sea, and all Words relating to equipping shall be construed accordingly;
"Ship and Equipment" shall include a Ship and every- thing in or belonging to a Ship;
III. No Chinese Emigrant Ship shall clear out or proceed to this Ordinance. Sea from this Colony unless the Master of such Ship shall be
provided with a License under this Ordinance.
License from Governor.
Form and
License,
IV. No Person shall do any of the Acts hereinafter specified in Section IX, without a License from the Governor, or unless the Owner or Master of the Ship in respect of which such Act shall be done shall have obtained such License.
V. Every such License shall be under the Hand of the Conditions of Governor and the Public Seal of the Colony and the granting thereof shall be in the Discretion of the Governor, and shall be subject to the Payment of such Fee to the Crown, and to such Conditions as may, in each particular Case, be prescribed by the Governor in Council.
Mode of
License.
VI. Application for such License shall be made in Writing to the Application for Colonial Secretary, and shall be transmitted through the Emigra- tion Officer, and the Owner and Master, or Agent of the Chinese Einigrant Ship in respect of which such License is applied for, shall furnish all Particulars as to the Destination of the Ship, and as to all Matters relating to the intended Voyage and Emigration which may be required of them.
Punishment
untrue Particulars.
VII. All such Particulars shall, if so ordered, be certified upon for furnishing 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 Labor, 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.
Power to
revoke and cancel License.
VIII. If it shall appear to the Satisfaction of the Governor at any Time before the Departure of a Chinese Emigrant Ship:-
(1.) That the Particulars furnished in relation thereto are
untrue; or