2.0 opinion in 76bq
Word "Asiatic" is to be practically construed as only either (a) that it occurs in HK. Ordce hot read for "Chinese" or (b) that it is only providing fully for the treatment of Chinese passengers and not making proper provision for the treatment of other Asiatic passengers.
Consequently, the Legislature of H. Kong has only partly complied with the regulations regarding ships contained in the Imperial Act no. 104 of 1855, and therefore the statutory provision is made for Chinese passengers only, and not for Asiatic passengers other than Chinese.
Under either of these constructions, there is no statutory provision made for more than twenty Indians. Restricting or controlling the carrying of any Asiatic passengers other than Chinese from H. Kong could be done by instructing the Gov. of Hong Kong to prohibit the migration of Indian passengers being carried in large numbers from Hong Kong (see last para. of £o opinion of 30 hor of [44504]).
If that were done, Indians in numbers less than twenty at a time and to this apparently, would not be restricted, and the Canadian Govt. would apparently raise no objection, and were taken the Canadian Govt. would not think it necessary to pass any special legislation affecting Indian immigrants.
It is proposed to instruct Gov. of Hong Kong to take this course and inform Canadian Gov. Gen. accordingly, and also to inform him that a pt. as at A and B in Mr. Davis' minute on 39809 Canada.
I don't think that much reliance can be placed on the LO statement in the last para. of their report of Feb 28. We must go by the word of the Statutes. I think that the Act of 1855 clearly includes Indians, and that so far as that Act is concerned, Indian emigrant ships carrying Chinese passengers could be dealt with as Chinese Passenger ships. But when we come to the Hongkong...