23662/S
No. 76.
(TRANSVAAL.)
LAW OFFICERS TO COLONIAL OFFICE.
[Questions whether although under the new Constitution an employer is deprived of his right to renew contracts with Chinese labourers he remains liable for the costs of their repatriation, and as to the necessity for legislation.]
MY LORD,
upon
Royal Courts of Justice,
4th July, 1907.
WE were honoured by your Lordship's comminands signified to us by Mr. Just in his letter of the 12th June last stating that, with reference to our report of the 9th May* the question of the interpretation of the Labour Ordinances in the Transvaal, he was directed by your Lordship to lay before us a Memorandum prepared by Sir Richard Solomon, and to request us to supplement our report above referred to by advising your Lordship
(1.) Whether, having regard to the fact that the employer was deprived under the Constitution of the Transvaal of the right to renew contracts with Chinese labourers, the employer still remained liable for the costs of their repatriation;
(2.) Whether immediate legislation was required for the purpose of preserving this liability of the employer?
We have taken the matter into our consideration, and in obedience to your Lord- ship's commands have the honour to
Report-
That (1) in our opinion, notwithstanding the fact that the employer is deprived of the right to renew contracts with Chinese labourers, the employer still remains liable for the costs of their repatriation.
(2) We think there is no necessity for such legislation, but at the same time we do not dissent from the view of Sir Richard Solomon that a provision to this effect might ex abundanti cautelâ be introduced into the measure proposed to be passed by the Trans- -vaal Government in relation to this subject.
We have, &c.,
JOHN L. WALTON.
W. S. ROBSON.
The Right Honourable
the Earl of Elgin, K.G.,
&c.,
&c.
• No. 70.
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