12
THE EMIGRATION CONVENTION.
Convention between the United Kingdom and China respecting the Employment of Chinese Labour in British Colonies and Protectorates.
Signed at London. 13th May, 1904. Whereas a Convention between her Majesty Queen Victoria and His Majesty the Emperor of China was signed at Peking on the 24th October, 1860, by Article V of which His Imperial Majesty the Emperor of China con. sented to allow Chinese subjects, wishing to take service in British Colonies or other parts beyond the seas, to enter into engagements with British subjects. and to ship themselves and their families on board of British vessels at the open ports of China in conformity with Regula- tions to be drawn up between the two Govern ments for the protection of such emigrants:
And whereas the aforesaid Regulations have not hitherto been framed. His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas. Emperor of India, and His Majesty the Emperor of China have accordingly appointed the following as their respective Plenipotentiaries, that is to say:
His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas. Emperor of India, the Most Honourable Henry Charles Keith Petty Fitzmaurice. Marquess of Landowne. His Majesty's Principal Secretary of State for Foreign Affairs ; and
His Majesty the Emperor of China. Chang Têh-Yih. Brevet Lieutenant-General of the Chinese Imperial Forces, His Imperial Majesty's Envoy Extraordinary and Minister Plenipot. entiary at the Court of His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India :
And the sail Plenipotentiaries having met and communicated to each other their respective full powers. and found them in good and due form, have agreed upon and concluded the following Articles :
ARTICLE 1.
As the Regulations to be framed under the above-mentioned Treaty were intended to be of A general character, it is hereby agreed that on each occasion when indentured emigrants are required for a particular British Colony or Protectorate beyond the seas. His Britannic Majesty's Minister in Peking shall notify the Chinese Government. stating the name of the Treaty port at which it is intended to embark them, and the terms and conditions on which they are to be engaged; the Chinese Govern- ment shall thereupon, without requiring further formalities, immediately instruct the local authorities at the specified Treaty port to take all the steps necessary to facilitate emigration. The notification herein referred to shall only be required once in the case of each Colony or Protectorate, except when emigration under indenture to that Colony or Protectorate from the specified Treaty port has not taken place during the preceding three years.
ARTICLE II.
On receipt of the instructions ubore referred to, the Taotai at the port shall at once appoint an officer, to be called the Chinese Inspector: who, together with the British Consular Officer at the port. or his Delegaté, shall make known by Proclamation and by means of the native press the text of the Indenture which the emigrant will have to sign, and any particulars of which the Chinese officer considers it essential that the emigrant shall be informed, respecting the country to which the emigrant is to proceed. and respect- ing its laws.
ARTICLE III.
The British Consular Officer at the port. or his Delegate, shall confer with the Chinese Inspector as to the location and installation of the offices and other necessary buildings. here- inafter called the Emigration Agency, which shall be erected or fitted up by the British Government, and at their expense, for the pur- pose of carrying on the business of the engage- ment and shipment of the emigrants, and in which the Chinese Inspector and his staff shall have suitable accommodation for carrying on their duties.
THE HONGKONG WEEKLY PRESS AND
ARTICLE IV.
1. There shall be posted up in conspicuous places throughout the Emigration Agency, and more espcially in that part of it called the Depot, destined for the reception of intending emigrants, copies of the Indenture to be entered into with the emigrant, drawn up in the English and Chinese languages, together with copies of the special Ordinance, if any, relating to immi- gration into the particular Colony or Protec- torate for which the emigrants are required.
2. There shall be kept a Register in English and in Chinese, in which the names of intending indentured emigrants shall be inscribed, and in this Register there shall not be inscribed the name of any person who is under 20 years of age. unless he shall have produced proof of his having obtained the consent of his parents or other lawful guardians to emigrate, or, in default of these, of the Magistrate of the district to which he belongs. After signature of the Indenture according to the Chinese manner, the emigrant shall not be permitted to leave the Depot, previously to his embarkation, without a pass signed by the Chinese Inspector, and countersigned by the British Consular Officer or his Delegate, unless he shall have, through the Chinese Inspector. renounced his agreement and withdrawn his name from the register of emigrants.
3. Before the sailing of the ship each emigrant shall be carefully examined by a qualified Medical Officer nominated by the British Consular Officer or his Delegate. The emigrants shall be paraded before the British Consular Officer or his Delegate and the Chinese Inspector or his Delegate, and ques- tioned with a view to ascertain their perfect understanding of the Indenture.
ARTICLE V
All ships employed in the conveyance of in- dentured emigrants from China under this Con- vention shall engage and embark them only at a Treaty port. and shall comply with the Re- gulations contained in the Schedule hereto an- nexed and forming pact of the Convention.
of
ARTICLE VI.
For the better protection of the emigrant, and any other Chinese subject who may happen to be residing in the Colony or Protectorate to which the emigration is to take place, it shall be competent to the Emperor of China to appoint a Consul or Vice-Consul to watch over their interests and well-being, and such Consul or Vice-Consul shall have all the rights and privileges accorded to the Consuls of other nations.
ARTICLE VIL
Every Indenture entered into under the present Articles shall clearly specify the name of the country for which the labourer is requir- ed, the duration of the engagement, and, if renewable, on what terms, the number of hours of labour per working day, the nature of the work. the rate of wages and mode of payment. the rations, clothing, the grant of a free passage out, and, where such is provided for therein, a free passage back to the port of on- barkation in China for himself and family, right to free medical attendance and medicines, whether in the Colony or Protectorate or on the voyage from and to the port of embarkation in China, and any other advantages to which the emigrant shall be entitled. The Indenture may also provide that the emigrant shall, if considered necessary by the medical authorities. be vaccinated on his arrival at the Depôt, and.. in the event of such vaccination being unsuccess- ful, revaccinated on board ship.
ARTICLE VIII.
The Indenture shall be signed, or in cases of illiteracy marked, by the emigrant after the Chinese manner, in the presence of the British Consular Officer or his Delegate and of the Chinese Inspector or his Delegate, who shall be responsible to their respective Governments for its provisions having been clearly and fully explained to the emigrant previous to signature. To each emigrant there shall be presented a copy of the Indenture drawn up in English and Chinese. Such Indenture shall not be considered as definitive or irrevocable until after the embarkation of the emigrant.
ARTICLE IX.
In every British Colony or Protectorate to which indentured Chinese emigrants proceed, an officer or officers shall be appointed, whose duty it shall be to insure that the emigrant shall
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[July 2, 1904.
have free access to the Courts of Justice to obtain the redress for injuries to his person and property which is secured to all irrespective of race, by the local law.
ARTICLE I.
persons.
During the sojourn of the emigrant in the Colony or Protectorate in which he is employed, all possible postal facilities shall be afforded to him for communicating with his native country. and for making remittances to his family.
ARTICLE XI.
With regard to the repatriation of the emigrant and his family, whether on the expira- tion of the Indenture or from any legal cause, or in the event of his having been invalided from sickness or disablement, it is understood that this shall always be to the port of shipment in China, and that in no case shall it take place by any other means than actual conveyance by ship, and payment of money to the returning emigrant in lien of passage shall not be admissible.
{ ARTICLE XII.
Nothing in any Indenture framed under these Articles shall constitute on the employer a right to transfer the emigrant to another employer of labour without the emigrant's free consent and the approval of his
Consul or Vice-Consul: and should any such transfer or assignment take place, it shall not in any way invalidate any of the rights or privileges of the emigrant under the Indenture.
ARTICLE XIII.
It is agreed that a fee on each indentured emigrant shipped under the terms of this con. vention shall be paid to the Chinese Government for expenses of inspection, but no payment of any kind shall be made to the Chinese Inspector or any other official of the Chinese Government at the port of embarkation. The above fee shall be paid into the Customs bank previous to the clearance of the ship, and shall be calculated at the following rate:-3 Mexican dollars per head for any number of emigrants not exceeding 10.000, and 2 dollars per head for any number in excess thereof. provided they are shipped at the same Treaty port. and that not more than twelve months have elapsed since the date of the last shipment.
Should the port of embarkation have been changed, or a space of more than twelve months have elapsed since the date of the last shipment, inspection charges shall be paid as in the first instance.
ARTICLE XIV.
The English and Chinese text of the present Convention have been carefully compared, but in the event of there being any difference of meaning between them, the sense as expressed in the English text shall be held to be the correct sense.
ARTICLE XV.
The present Convention shall come into force on the date of its si nature and remain in force for four years from that date, and after such period of four years it shall be terminable by either of the High Contracting Parties on giving one year's notice.
In witness whereof the Plenipotentiaries have signed the present Convention, and have affixed thereto their seals.
Done at London in four copies, two in English and two iu Chinese, this thirteenth day of May of the year 1904.
(Signed)
SCHEDULE. Regulations.
LANSDOWNE,
T. Y. CHANG.
Ship employed in the transport of indentured emigrants from China under this Convention must be seaworthy, clean, and properly ven. tilated, and with regard to the following matters, shall comply with conditions as far as possible equivalent to those in force in British India with reference to the emigration of natives from India :----
Accommodation required on board (vide section 57 of "The Indian Emigration Act, 1883").
Sleeping accommodation, consisting of wooden sheathing to the decks or sleeping platforms (vide rule regarding “iron decks," as amended the 16th August, 1902, in Schedule “A” to the rules under The Indian Emigration Act. 1883).
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Rules as to space on board (eid: section 58 of "The Indian Emigration Act, 1883").