Ordinance which takes
ace of regulations under the Act 1855 we find that its provisions deal only with Chinese & not with emigrants of other nationalities.
I am unable to take Mr. Johnson's View. I think that the order completing the Schedule to the Act of 1853 & that that Schedule can be regarded as being in force. It could be amended or a fresh order could be passed in substitution for it but while it stands we are in this position that its provisions do not apply to Indians. I cannot adopt the construction reading "Indians" for "Chinese" where the latter word occurs.
That being so, we must either check all emigration from India to Hong Kong or allow it and immigration into Hong Kong. I believe we shall have to allow it for certain purposes. It is most unpleasant but does not seem to be any other alternative.
We must clearly set out our views to the India Office first of all. If they will help us, so much the better. I will ask them if there is any means whereby we might frighten natives of India out of emigrating by notifying that harbour facilities will not be given. In Australia, there was legislation to keep Indians out, which was a relief to Indians from the danger of exclusion. But I am not aware that harbour facilities in Hong Kong require legislation to stop this emigration.
We must await their reply.
Page 438
I fear proceedings under the Act of 1853 in Hong Kong will be attended with great difficulty and very probably fail. If they seriously contemplate this, the India Office should be consulted.
Chinese Passenger Act adverse opinion is above.
Page 407
Further minute on separate sheet's.
214 14.11.
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