3
:
The previous system in which the
labourer did not sign any contract until
:
he arrived in Sarawak, was held, as the
result of our discussions last year, to be
distinguishable from indentured labour and
therefore allowable. It was recognised that
in practice the labourer was not economically
free on arrival what ever his legal position
might be. As the 0.A.G. points out the
additional liability to refund a portion of his
passage money will not in practice be a very
serious additional restriction on the labourer's
nominal freedom. If, however, the labourer
acknowledges the debt before leaving Hong Yong,
he is, to a certain extent under contract, and
it may be more difficult to maintain the
distinction between this and fully fledged
indentured, labour.
It may be useful to compare this
proposed system with that obtaining in Malaya.
Chere,
Jigrants who have received advances are under
the special protection of the authorities, and
the amount for which they can be held liable
is limited as in Sarawak. If, however, an
indebted emigrant has obtained assistance by
promising to enter into the contract of
employment on his arrival, he may, at the
discretion of the protector, be sent back to
China at the expense of his creditor or released
from his obligations. This, of course, is very
different from the Sarawak system but we can
hardly expect the same standard in Sarawak as
in Malaya.
The