The order of sections 16, 17, 18 and 19 of Ordinance No. 12 of 1888 seemed to require re-arrangement, and sections 16 and 18 to need slight amendment, so as to clearly give the Superintendent the power to enforce the removal of a Vagrant who had entered into the agreement mentioned in the Ordinance. Accordingly, sections 17, 18, 19 and 20 now take the place of the former sections 18, 19, 17 and 16, respectively.
As regards section 21, this is really section 20 of the Ordinance of 1888, broken up so as to make it more intelligible, and with this addition, viz., that those who wilfully or negligently leave an undischarged sailor behind in the Colony, who becomes a Vagrant and chargeable to the Colony, are rendered liable to repay the charges so incurred. By the Ordinance of 1888, the primary liability fell on the owners or agents, where a sailor was discharged here, and became chargeable to the Colony, whereas by this Ordinance the master is rendered primarily liable and the owners, agents, and consignees are only rendered liable (see section 28) on the absence of the master or in cases where such master departs from the Colony without repaying such costs and charges.
As regards section 22, this is substituted for section 21 of the Ordinance of 1888 and contains a proviso which relieves the master in cases where the destitute person brought into the Colony is a stowaway and is duly prosecuted as such. The Stowaways Ordinance (No. 7 of 1897) now confers power on the master to detain such stowaways for such period as is necessary for the purpose of handing them over to the Police.
It is manifestly unjust that Shipowners should bring destitute people into the Colony, benefit by receiving the passage money, and then expect the ratepayers to go to the expense of maintaining such people or of removing them from the Colony. The Stowaways Ordinance now affords sufficient protection where such people surreptitiously obtain a passage to Hongkong.
Section 25 replaces the former section 24 and also provides a simple and convenient mode of primâ facie proof of costs and charges incurred.
W. MEIGH GOODMAN,
Attorney General.
(Signed) W. Meigh Goodman,
Attorney General.
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