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Time and mode for licence at the Colony.
ORDINANCE No. 5 of 1876. Chinese Emigration Amendment.
for their reception, apply in writing to the Colonial Secretary for a licence under the hand of the Governor and the public seal of the Colony for the conveyance of such emigrants and shall furnish all particulars as to the destination of the said ship and as to all other matters relating to the intended voyage and emigration which may be required of them.
3. Whenever any Chinese passenger ship, which is not provided with a licence covering her intended voyage, is about to proceed with free Chinese emigrants under no contract of service whatever from any port in China, or within one hundred miles of the Coast thereof, upon a voyage of not more than thirty days' duration, the owners or charterers of such ship, or, if absent, their respective agents, may, before such ship is laid on for the conveyance of Chinese emigrants, and before any depôt is opened for their reception, apply in writing to the Emigration Officer at such port for a licence under his hand and seal for the conveyance of such emigrants upon the intended voyage only, and shall furnish all particulars as to the destination of the said ship, and as to all other matters relating to the intended voyage and emigration which may be required of them.
Punishment for furnishing untrue particulars.
4. All such particulars shall, if so ordered, be verified upon 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 labour, 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. [Ibid, sec. 5.]
General licences to mail steamers, &c.
5. The Governor in Council may, at his discretion, grant to any vessel a general licence for any period, or for any number of voyages, or for voyages to and from any specified port or ports, upon the condition that the vessel provided with such licence shall carry only free passengers under no contract of service whatever, except as hereinafter mentioned.
Conditions of licence and amount of fee.
6. The granting of any licence shall be in the discretion of the Governor in Council, and in cases within the third paragraph of this section, shall be in the discretion of the Emigration Officer, [Ibid, sec. 6.] and in every case shall be subject to the payment of a fee of five dollars, and to such conditions as may, from time to time, be prescribed under instructions from Her Majesty's Principal Secretary of State for the Colonies, and the Governor in Council may impose such conditions on the granting of any licence as he shall think expedient in each particular case, provided the same shall not be contrary to or inconsistent with such instructions.
Governor in Council may impose conditions. Licence to specify time of departure;
7. Every licence, other than a general licence, granted under this section in respect of any Chinese passenger ship shall specify the period within which such ship shall clear out and proceed to sea. Provided always that it shall be lawful for the Governor in Council, or Emigration Officer who granted the licence, from time to time, to extend such period. [Ibid, sec. 7.] proviso for extension thereof.
The Governor may authorise labourers, or servants for any person resident in any British possession.
8. The Governor in Council may, at his discretion, authorise any person to engage any specified number of Chinese artisans, labourers and mechanics, or servants for any person resident in any British possession, and to make contracts in writing on behalf of such resident with the persons so engaged. Every such contract shall be made in triplicate, and one part shall be lodged in the office of the Emigration Officer; and such part shall be admissible in evidence without a stamp.
Any vessel provided with a general licence may carry any persons so engaged without thereby affecting her licence.
British Ordinance 5 of 1874 not to prevent Chinese passengers from travelling in first or second cabin as other nationalities.
9. Nothing in "The Chinese Emigration Consolidation Ordinance, 1874," shall prevent passengers, natives of Asia, from travelling in the first class cabin of any vessel which is provided with a general licence, on the same terms as passengers of other nationalities; or in the first or second class cabin, if the vessel carries more than two classes of passengers.
Such passengers are hereby exempted from the necessity of obtaining contract passage tickets, or of submitting themselves to be mustered or inspected by any Emigration Officer, or medical officer, or other person.
Such passengers shall, however, be reckoned in calculating the number of passengers, natives of Asia, who are carried by the said vessel.
Power to remove master or other officer.
10. In case it shall be shown to the satisfaction of the Governor in Council, at any time before the departure of a Chinese passenger ship, that the master, mate, or any other officer of such ship is unfit for the proper discharge of his duties by reason of [Ibid, sec. 8.] incompetency or misconduct, or for any other sufficient cause, it shall be lawful for the Governor, by order under his hand, to discharge and remove such master, mate, or other officer from the said ship, and thereupon the owners or charterers thereof, or their agents, shall forthwith appoint a master, or mate, or other officer, as the case may be, to be approved by the Emigration Officer, in the place of the one so discharged and removed as aforesaid.
Power to revoke and cancel licence.
11. In any of the following cases, namely:--
(a.) If it shall appear to the satisfaction of the Governor in Council, or Emigration Officer, at any time before the departure of a Chinese passenger ship, that the particulars furnished to him in relation thereto under the second paragraph of this section are untrue, or that any condition of the said licence has been violated;
(b.) If any Chinese passenger ship shall fail to clear out and proceed to sea, within the period specified in the licence granted under this section, or within such extended period as aforesaid;
(c.) If the owners or charterers of a Chinese passenger ship shall fail forthwith to appoint a master, mate, or other officer to be approved as aforesaid, in the place of any master, mate, or other officer discharged under the tenth paragraph of this section;
It shall be lawful for the Governor in Council or Emigration Officer to revoke the licence granted by him under this section in respect of such Chinese passenger ship, and to order that the said ship be seized and detained until her emigration papers (if already granted) be delivered up to be cancelled.
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