for Fiddes.
104
Send
B
I now have to inform you that we are likely to be much pressed on this matter.
The Imperial Statute 1855, c1 § 2 empowers the Legislature of Hong Kong to make regulations respecting passenger ships makes reference to it.
The Hong Kong Act 1889, not cenary, §10 empowers the Governor to grant licence for free labourers. § 14 empowers the Governor to grant licences for contract labourers for British colonies, but not for foreign countries.
I presume that you will move in the direction of removing the restrictions on British shipowners.
Proceed as discussed.
77/10
As implied in my last minute, I think there is a matter that must go before the Executive Council.
A memorandum may now be proposed showing the history of the question.
In the meantime, I bring to your attention a letter on its present position.
I lay it with 2/13-10.
Submit.
J 564
I do not think that the papers on which it is based are required for reference there.
You will observe that there is no room for loose papers in any shape.
I have expressed doubt whether the Ordinance does actually prohibit contract emigration to foreign countries.
Personally, I am convinced that it does not.
I understand that the Governor is likely to agree with me.
Sections 10 and 14, to which the Governor refers, relate only to "general licences", the nature of which is explained in the Ordinance.
I cannot find anything to prohibit the Governor from issuing a licence to an individual ship for an individual voyage.
If this was not intended to be done, it was not the intention to prohibit contract emigration.
See E. Wakfield's minute on the previous - 6. S. 124157/83 Segration.
He refers to the provisions of this Ordinance (substantially in 1859) and Cp. also 14481 altered in 481/42.
A minute by Sir W. Fordham shows that it was only the Governor's instructions that prevented emigration under contract.
Also, a Worden speaks of "relaxing our rules" and the despatch says that we depart in this instance from the rule against contract emigration to foreign countries, strongly implying that he could.
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