;
456
from taking out emigration certificates unless
they carried more than twenty steerage passengers of Asiatic race.
3.
The amendment of the Ordinance on
these lines involves an alteration in the definition of a Chinese Passenger ship unless that definition is limited as hereafter suspected.
4. It is however for consideration whether, having regard to the
term is defined in 18 and 19 Vict. C. CIV as including every ship carrying "more than
twenty persons being natives of Asia", and
it appears to Lord Elgin that it would be
difficult to argue that the power given to
the Hong Kong Legislature, under that Act,
may not be construed as referring to twenty passengers being natives of Asia as are emigrants within the preamble. And it is further for consideration whether, if this be so, first and second class passengers
would not be excluded from the computation of the number in deciding whether
a ship was a Chinese Passenger Ship.
to issue regulations is sufficient to authorize a substantial alteration to the Act, by
which the power is conferred such as would
be involved in the variation of this definition.
[Take in margin note]
4. I am accordingly to ask you to be
so good as to state whether in your opinion
the