I do not think it can be said that the Hongkong legislature has exempted certain ships from the operation of the Imperial Act. It has not provided for the giving of licences for certain ships. If such ships were proceeded against for proceeding to sea without a license, I think the Court would lean to letting the ship off rather than to punishing for what construing the Act prima facie is not provided for.
I do not agree that you can make "Chinese" mean "natives". In a penal statute, you must construe strictly; this construction seems to be forced.
(1) I don't think that the 1874 order affects the question. Put briefly, what happened was this. The Hongkong legislature had formerly tried to get rid of the regulations of 1873, but did not do so. In 1889, they did, but did it in a bungling way, leaving certain ships not provided for. They could remedy this now by legislation if they like!
The omission of the order prescribes the conditions under which a license is required. The licence it provides for is one for taking Chinese passengers, as stated before, is for Chinese passenger ships carrying Chinese. I do not think you can wilfully apply this to other ships.
HBL 20/11