but British subjects or Ships in British Port the (British Justices emigrations do not afford the Government any practical assistance.
The Attorney General on the other hand defines the powers of the Hongkong Legislature to prohibit all assistance to the fitting provisioning in Hongkong of ships intended for the Macao Coolie Trade in terms similar to those employed in the draft Ordinance.
Draft
Enclosed in Sir Kennedy's despatch of 22 Jan.
R: 18. I have nothing to add to my minute on that despatch with reference to the Draft Ordinance. But the Attorney Genl. in his memorandum raises some other questions. First he enquires whether the "offences" committed by British subjects in Macao, which by the Order in Council of 6 March 1865 are made cognizable by the Supreme Court of Hongkong, would include acts declared to be offences by the Colonial Legislature. I presume that they would not – but if there is a doubt on the subject at the Colonial Office we would suggest that the question should be referred to the Law Officers of the Crown.
Second. He states that if a Macao Coolie ship put into Hongkong on her voyage with coolies on board, she would be stopped and the coolies landed under the powers contained in the Chinese Passengers Act 1853 and the Local Ordinance No 4 of 1870. I presume that the Attorney General means that a Coolie ship under such circumstances would be held to have commenced her voyage from Hongkong and would thereby become a "Chinese Passenger Ship" as defined in section 1 of the Chinese Passengers Act 1855 and would be required to obtain a licence from the Governor under Ordinance No 4 of 1870. Of this, however, if it is his interpretation of the Law it is inconsistent with the opinion given by the Law Officers in June 1857 that Foreign Passenger Ships bound for Foreign Countries which put into ports in the United Kingdom in transitu would not come within the provisions of the Passengers Act.
Another matter not immediately connected with Hongkong but which ought not to be passed over is raised by the Chief Justice's letter. He encloses two Extracts from the China Mail on the subject of the Emigration from Macao to Singapore from which it appears that the vessels which carry the Emigrants are dangerously overcrowded. One vessel, an American, of only 684 tons had on board 1700 Emigrants. There is no power in Hongkong to prevent this so