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130
Emigration to Singapore in non-British ships is governed not by the Asiatic migration Ordinance (Hongkong) 1915 but by the Chinese Immigrants ordinance (Singapore) 1902. The prosedure however is identical with that of the Hongkong Ordinance. Any such subterfuge as that anticipated by ženara. Yuen Yat Lee would undoubtedly be a breach of the ordinance and would venture to submit, with all respect to Mr. Kirke's opinion, that the action anticipated by him, namely the narrying of Swatow emigrants to Singapore via Amoy without British Consular inspection at 3watow would also infringe the ordinance.
A presisely analogous case occurred in the spring of this year. A British ship took Hoihow emigrants to Singapore via Hongkong without applying for my inspection and certificate. The fants came to my knowledge too late to warn Hongkong and the lapse of time having made legal proof unobtainable the Hongkong Government decided that it would be useless to prosecute. The Crown Solicitor's opinion was, however, quite definite and was as follows:-
"I am of opinion that if the s.8. "Haitan* cleared from "Hoihow having on board more than twenty passengers, "natives of Asia, with the intention or for the purpose "of commencing a 'short voyage to Singapore from *Hongkong, and to carry such passengers to Singapore, "then the vessel must be deemed to have cleared out or "proceeded to sea upon such 'snort voyage' from Hoihow, "at which port emigration papers should have been taken "out and fees paid (see ürdinance No.30 of 1915 "Section 2(2))".
Confirmation that this is a norrect statement of the law
is contained in Fee 115 of the Consular Fes Table, providing
for a certificate at a second port.
It would undoubtedly be my duty, in the case of a
British ship (which would come under the Hongkong Ordinance)
to refuse to inspect her since I am required to sertify that
01.09
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