PUBLIC RECORD OFFICE
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21 PUBLIC RECORD OFFICE, LONDON
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5570
(No. 64.)
78
No. 49.
FIJI.
THE SECRETARY OF STATE to THE GOVERNOR.
[Copy to India Office, 16 April, 1914. L.F.}
[Answered by No. 56.]
SIR,
Downing Street, 15 March, 1912. I HAVE the honour to acknowledge the receipt of your despatch, No. 28 of the 17th January,* forwarding copy of a Bill to amend the Indian Immigration Ordi- nance, 1891.
2. In reply I have to inform you that, as was indicated in my telegram of the 14th March, I approve generally of the terms of the Bill. I have, however, to call your attention to certain points in which the drafting of the Bill might be im- proved.
3. In Clause 4 the figure (1) which appears in line 1 should be struck out as unnecessary.
4. In Clause 7, section 108 of the Principal Ordinance should be further amended by substituting the words "the penalty" for the words "either of the penalties" in the last line but two of the section.
19
5. Clause 9, as at present drafted, renders still more obscure the wording of section 124 of the Principal Ordinance, and it would seem preferable that the proposed addition should run on payment to the employer of a sum to be computed at a rate (not exceeding 3d. for each day of such terin of extended service) to be agreed upon by the employer and the Agent-General."
"J
6. In Clause 11 in line 12 the words "if there shall be reasonable cause to believe the immigrant to be absent from his plantation without leave inserted between the word " and " and the word " he."
should be
7. I am doubtful whether the present wording of Clause 17 of the Bill gives adequate powers to the Governor in respect of fixing the amount of any contribution to be made by the employer, and it does not provide the method in which any contri- bution imposed shall be recovered.
8. In Clause 19 I have to suggest that it may be desirable to give express powers to the magistrate to vary any order made from time to time on the application of the immigrant.
9.
With regard to the question of facilitating the settlement of immigrants in Fiji, referred to in paragraph 5 of my despatch of 21st September, 1911, I shall be glad to learn your views as to whether it would not be desirable to renew the policy of making a grant to the immigrant towards the cost of building a house and providing food, tools, furniture, seeds, and animals with which to commence work on his allotment.
I have, &c.,
4452
SIR,
No. 50.
L. HARCOURT.
COLONIAL OFFICE to INDIA OFFICE. [Answered by Nos. 54 and 69.]
Downing Street, 21 March, 1912. I AM directed by Mr. Secretary Harcourt to request you to submit to the Marquess of Crewe the following observations upon certain questions arising out of the recent report of the Commission on Indian Emigration to the Crown Colonies which are referred to in your letter of the 28th of October last,§ and in the accom- panying despatch from the Indian Government.
2. A separate communication has been addressed to you with regard to Mauritius, the Straits Settlements, and the Federated Malay States, and the corres- pondence which has taken place with regard to Fiji has also been sent to you. It ↑ 7499: not printed. § No. 39.
• No. 45.
‡ No. 34.
36647/11: not printed.
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remains to consider the position of Indian emigrants in Trinidad, British Guiana and Jamaica, and also a few minor matters affecting all the Colonies which recruit Indian labourers, ie., Fiji, as well as the three West Indian Colonies.
3. Dealing first with these last-mentioned points, I am to observe that Mr. Harcourt can see no objection, from the Colonial standpoint, to the proposal that officers in the service of the Indian Government should pay periodical visits of inspection to the Colonies. entailed by these visits will not be found to provoke opposition to the policy of He presumes that the charges upon the Indian taxpayer encouraging emigration.
4.
As regards the form of annual reports, I am to request you to inform Lord Crewe that Mr. Harcourt has communicated with the Governors of the four Colonies above-mentioned, and has obtained the concurrence of the Governors of British Guiana, Jamaica and Fiji in the proposals that the Immigration Reports should in future be prepared, so far as possible, upon a uniform system. The Trinidad Immigration Committee have demurred to the proposed alteration on account of the additional work which would be entailed upon the planters, and the additional expense to the Government; but the Secretary of State is again communicating with the Governor of Trinidad upon the subject. The annual returns, changes in the laws, &c., will continue, as heretofore, to be scrutinised in this Department, and it is proposed to send them regularly to the India Office in future. intends to give instructions for an exchange between the four Colonies of all reports Mr. Harcourt also and legislation affecting indentured immigration.
5.
I am to enclose copies of despatches* from the Governors of Trinidad, British Guiana, and Jamaica, commenting upon the report of Lord Sanderson's Committee. It is proposed to await Lord Crewe's observations on the present letter before communicating further with these Governments on the points at issue.
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6. There is one matter, common to all three Colonies- though less important in Jamaica than in the other two--which appears to require further consideration, ie., the question of reducing the number of prosecutions for breaches of the Labour Laws. In paragraph 47 of their report the Committee alluded to these prosecu- tions as
one matter in which we consider that the treatment of the indentured immigrants is not wholly satisfactory "; and in paragraph 291, whilst discussing the number of prosecutions in Trinidad, they admitted that the question was by no means free from complexity, inasmuch as certain provisions of the Immigration Laws make it obligatory upon estate owners to prosecute in cases of desertion, &c. I am to invite attention to Sections 70, 144 and 145 of Trinidad Ordinance No. 181, and to Section 122 of British Guiana Ordinance, No. 18, of 1891. It is a matter for consideration whether the evils which these provisions are designed to prevent outweigh those attendant upon frequent prosecutions. It would doubtless be pos- sible, should the Indian Government and Lord Crewe deem it desirable, to modify the law so as to enable employers to condone, instead of prosecuting for, desertion; and Mr. Harcourt would British Guiana to institute local enquiries--if enquiry is necessary--and to submit prepared to request the Governments of Trinidad and recommendations for a modification of the provisions of the law; but before doing so he would wish to be assured that Lord Crewe does not apprehend greater evils as a result of the change. It will be seen that the local authorities in Trinidad are of opinion that "it is all a question of management," and that "only a compara- tively small number of estates have recourse habitually to legal proceedings." No doubt, with the exercise of discretion, it should be possible for estate owners to reduce the number of prosecutions; but it appears to Mr. Harcourt that the number must always be considerable, so long as the above-mentioned provisions are retained in the laws.
7. Turning to the despatch from the Governor of Trinidad, it will be seen that Sir G. Le Hunte promises more active supervision of those estates upon which prosecutions are too frequent, and that he will cause further enquiry to be made, if adequate results are not obtained. The Protector of Immigrants is satisfied that the provisions of the existing law as to arrest without warrant do not operate harshly against the innocent. The period of absence from estates which constitutes desertion was reduced, after full consideration, to three days, in consequence of the
Nos. 26, 12, and 21.