221
This report had been referred to me and I have received (3300) your minutes on the subject. As far as the letter is concerned, I am of the opinion that the only thing that can be done at present is to pass this ordinance with the alterations which have been suggested by the Law Officers.
The Governor has been telegraphed to pass this measure, and I would therefore write to him to the following effect.
2933: I acknowledge despatches No. 27, 28, 29 & 33. After careful consideration of the different points raised in this correspondence, Lord Kimberley is of the opinion that the only step to be taken at present, with a view to clearing the colonists from any participation in coolie traffic, is to pass with the alterations pointed out in the telegram of the 12th instant the "Chinese Emigration Ordinance", a draft of which was enclosed in Despatch No. 18 of 22 January.
There are, however, some points in the letter of the Attorney General enclosed in Despatch No. 35 of the 12th instant which require notice.
With respect to the construction of article 159 of Her Majesty's Order in Council of the 5th March 1869 for the forfeiture of ships engaged in certain offences, Lord Kimberley is advised that the view taken by the Attorney General is correct, and that the word "offence" in that Order would not be declared to apply to the offences created by the Colonial legislature only, but must be limited to offences under the Common Law and Statute Law of England.
But with respect to the statement that a Macao coolie ship was seized and the master stopped on her voyage bound to land under the provisions contained in (Emigration Act 1855 Ordinance No. 4 / 1870), Lord Kimberley is advised that it is open to grave doubt whether such a course could be legally taken under the existing law. It would appear to be in contravention with the opinion of the Law Officers given upon a case prepared for the Emigration Commissioners in 1857, a copy of which is enclosed for the Governor's information and guidance.
That therefore Lord Kimberley has directed the omission of sec. 17 in the draft Chinese Emigration Ordinance which would authorize the seizure of any ship (British or foreign) which...
MINUTE PAPER.
3380
Subjects in China & Japan...
VIH.
Wak...
Lytend Cr H.
Page 222
...
Page 223 appears to be missing
However, based on the original instruction, the text is proofread and formatted accordingly.
has been re-formatted to221
This report had been referred to me and I have received (3300) your minutes on the subject. As far as the letter is concerned, I am of the opinion that the only thing that can be done at present is to pass this ordinance with the alterations which have been suggested by the Law Officers.
The Governor has been telegraphed to pass this measure, and I would therefore write to him to the following effect.
2933: I acknowledge despatches No. 27, 28, 29 & 33. After careful consideration of the different points raised in this correspondence, Lord Kimberley is of the opinion that the only step to be taken at present, with a view to clearing the colonists from any participation in coolie traffic, is to pass with the alterations pointed out in the telegram of the 12th instant the "Chinese Emigration Ordinance", a draft of which was enclosed in Despatch No. 18 of 22 January.
There are, however, some points in the letter of the Attorney General enclosed in Despatch No. 35 of the 12th instant which require notice.
With respect to the construction of article 159 of Her Majesty's Order in Council of the 5th March 1869 for the forfeiture of ships engaged in certain offences, Lord Kimberley is advised that the view taken by the Attorney General is correct, and that the word "offence" in that Order would not be declared to apply to the offences created by the Colonial legislature only, but must be limited to offences under the Common Law and Statute Law of England.
But with respect to the statement that a Macao coolie ship was seized and the master stopped on her voyage bound to land under the provisions contained in (Emigration Act 1855 Ordinance No. 4/1870), Lord Kimberley is advised that it is open to grave doubt whether such a course could be legally taken under the existing law. It would appear to be in contravention with the opinion of the Law Officers given upon a case prepared for the Emigration Commissioners in 1857, a copy of which is enclosed for the Governor's information and guidance.
That therefore Lord Kimberley has directed the omission of sec. 17 in the draft Chinese Emigration Ordinance which would authorize the seizure of any ship (British or foreign) which...
MINUTE PAPER.
3380
Subjects in China & Japan...
VIH.
Wak...
Lytend Cr H.
Page 222
Page 223
... The final output is
221
This report had been referred to me and I have received (3300) your minutes on the subject. As far as the letter is concerned, I am of the opinion that the only thing that can be done at present is to pass this ordinance with the alterations which have been suggested by the Law Officers.
The Governor has been telegraphed to pass this measure, and I would therefore write to him to the following effect.
2933: I acknowledge despatches No. 27, 28, 29 & 33. After careful consideration of the different points raised in this correspondence, Lord Kimberley is of the opinion that the only step to be taken at present, with a view to clearing the colonists from any participation in coolie traffic, is to pass with the alterations pointed out in the telegram of the 12th instant the "Chinese Emigration Ordinance", a draft of which was enclosed in Despatch No. 18 of 22 January.
There are, however, some points in the letter of the Attorney General enclosed in Despatch No. 35 of the 12th instant which require notice.
With respect to the construction of article 159 of Her Majesty's Order in Council of the 5th March 1869 for the forfeiture of ships engaged in certain offences, Lord Kimberley is advised that the view taken by the Attorney General is correct, and that the word "offence" in that Order would not be declared to apply to the offences created by the Colonial legislature only, but must be limited to offences under the Common Law and Statute Law of England.
But with respect to the statement that a Macao coolie ship was seized and the master stopped on her voyage bound to land under the provisions contained in (Emigration Act 1855 Ordinance No. 4/1870), Lord Kimberley is advised that it is open to grave doubt whether such a course could be legally taken under the existing law. It would appear to be in contravention with the opinion of the Law Officers given upon a case prepared for the Emigration Commissioners in 1857, a copy of which is enclosed for the Governor's information and guidance.
That therefore Lord Kimberley has directed the omission of sec. 17 in the draft Chinese Emigration Ordinance which would authorize the seizure of any ship (British or foreign) which...
MINUTE PAPER.
3380
Subjects in China & Japan...
VIH.
Wak...
Lytend Cr H.
Page 222
Page 223
...