100

8

95

"what is a contract of service," the Harbour Master omits to mention the fact that M. O'Malley's opinion is in entire agreement with that of M. Bramston given as Attorney General in the case of the Abbotsford in 1875. Indeed, from Captain Thomsett's letter to Your Lordship, it might be inferred that no question of "this kind" had ever arisen before in the Colony, whereas in the case in which Mr. Bramston's opinion is recorded, the Executive, at that time, had to deal with a similar situation.

In this connection, a number of Chinese Emigrants on the ship had been worked under the Emigration Ordinance (Module II, Emigration Ordinance 1874), and he had approved and signed, believing that they were under a contract of service.

10. Amongst the twenty-odd questions which were then sent to Captain Thomsett to put to the intending Emigrants were the following seven:

# Do you pay your own passage, or is it paid for you? (two years before my arrival) found it necessary to interfere with the Emigration Officer's discretion as to draw up a list of questions which he was instructed to put to a certain number.

# Are you under any circumstances to repay this passage money?

# In what capacity are you going?

# Are you guaranteed employment? and if so, at what rate per month and for...

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