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I have as requested prepared a draft Ordinance applying to all "Chinese Passenger Ships" as defined in "The Chinese Passenger Act 1855* 1. the regulations contained in Schedule A. to that Act, 2. the provisions of Sec.4. of the Act so far as the giving of a bond is concerned, and, 3. the provisions of the Act which relate to penalties for neglecting to obey the Regulations, and to forfeiture of the ship for forging or fraudulently altering a certificate to be given by the Emigration Officer.
I do not however at present send forward the draft Ordinance because, with great respect for the Law Officers' opinion, I have been unable to satisfy myself that the Ordinance is within the power conferred by Section 2. of the Chinese Passengers Act 1855.
The object of that Act was to enable the Legislature of Hong Kong by Ordinance to make Regulations respecting
passenger ships sailing from any port in Hong Kong and
British ships sailing from any port in China or within
100 miles of its coasts, called in the Act "Chinese
Passenger Ships," and until such an Ordinance should be
made the Regulations contained in Schedule "A" of the Imperial
Act were to be in force. So far therefore as Section 2.
is concerned the power of the Legislature of Hong Kong
to make regulations appears to be sufficiently large and
unqualified, but the application of such regulations
depends upon the remaining provisions of the Imperial
Act, and especially upon Sections 4 and 8.
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M