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PUBLIC RECORD OFFICE

Reference :-

ILLIC.O. 882

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PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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Chinese Passenger ships on short voyages under the Chinese Emigration Consolida- tion Ordinance. The old Table allowed more European passengers to be crowded into a ship on a long voyage than would have been allowed if the passengers were Chinese coolies and the ship subject to the Chinese Passenger Act.

Table E (1) includes Colonial ships.

61, wording altered to suit new conditions of territory, omit

(brackets).

(2) b 2, omit (brackets).

h, omit "in the opinion, &c."

i, added time for which hull will be sufficient, machinery and boiler.

1, add "such boiler and "

(3) Unaltered.

Unaltered.

(5) Fee of $15 for certificate.

Sliding scale for licences.

Deduction for cargo.

(8) Dangerous goods prohibited.

(9) Unaltered.

(10) Certificate may be cancelled by order of Governor.

(11) and (12) steam ship under 60 tons, instead of "steam launch."

Table F "West River" added.

Table G has an additional provision for the issue of a Preliminary Notice, which has been found necessary, and also with reference to enquiries into conduct or competency. The old Table only had reference to casualties.

Table H.-Unaltered.

Table I. Overtime fee inserted.

Engagement or discharge combined under one scale of fees.

Table K (22).-Scale of fees amended.

Table L has been remodelled upon the lines of the Venice Convention. Table M.-The wording of Table M has been amended in small details, but un- fortunately a clerical error escaped observation in clause 11, "10 or 11" being put by mistake for " 9 or 10."

This error can, however, be set right by Order of the Governor-in-Council after the Ordinance has been assented to by Her Majesty the Queen.

Table N has been amended because of the alteration of certain landing stages caused by the recent Praya Reclamation.

Table O-Mail steamers may fire a gun.

Table Q has been re-arranged and simplified; clause 8, which appears to combine very necessary provisions, is new.

Table S contains verbal alterations in I, and II.

Table U 6.-" or owner" is added so that the owner can be prosecuted if the boat has not a licence.

I have now endeavoured to indicate, so far as I can, the main alterations in the law caused by this new Ordinance, and I trust that when taken in conjunction with the accompanying printed synopsis this report will be found to sufficiently indicate auch alterations.

N. E. POLLOCK, Acting Attorney-General.

8102

SIR,

No. 2.

COLONIAL OFFICE to BOARD OF TRADE.

[Answered by No. 3.]

Downing Street, April 11, 1900.

I AM directed by Mr. Secretary Chamberlain to transmit to you, for the con- sideration and observations of the Board of Trade, a copy of a despatch* from the Governor of Hong Kong, submitting The Merchant Shipping Consolidation Ordi- nance, 1899, for the signification of Her Majesty's pleasure, together with a copy of

• No. 1.

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Ordinance 26 of 1891, and a copy of the Report* by the Acting Attorney-General of Hong Kong, on the new Ordinance.

Mr. Chamberlain proposes, if the Board concurs, to suggest that the follow-

ing alterations and additions should be made to the Ordinance.

3. In section 9 subsection 6 the provision that a foreign seaman convicted under the section may be placed at the disposal of the Consular Officer would appear to need further safeguards. It would be preferable to word the whole subsection as in section 238 of the Imperial Merchant Shipping Act, 1894, or otherwise the reason given by the Aoting Attorney-General might be stated in the Ordinance and a paragraph equivalent to section 238 subsection 1 of the Imperial Act included.

4. It would also seem advisable to add to section 9 a subsection corresponding to subsection 2 of section 224 of the Imperial Act.

5. Section 29 deals with matters that appear to be outside the province of & Merchant Shipping Ordinance; and it is possible that its provisions, which will apply chiefly to persons who have only recently become British subjects, might cause discon- tent and disturbance unless exercised with great care. Mr. Chamberlain therefore pro- poses to inform the Governor of Hong Kong that the administration of this section will require careful supervision, and that, if further elaboration be needed, it will be best to omit this clause and introduce a separate Ordinance embodying and amplifying its provisions.

6. Although section 33 follows the Imperial Act in imposing a fine only for wilful injury to a lighthouse or buoy, it might be desirable in the peculiar circum- stances of Hong Kong to reserve the power of giving imprisonment without the option of a fine for this serious offence; and Mr. Chamberlain proposes, subject to the observations of the Board of Trade, so to instruct Sir Henry Blake.

7. With regard to the Tables appended to the Ordinance, Mr. Chamberlain would be glad to learn whether it is necessary to retain Table J. and the lines corresponding in paragraph 22 of Table K; and also whether a rule should not be included in Table K making it an offence punishable by fine or imprisonment for any master of a Boarding House to receive money in consideration of obtaining a berth for an inmate.

8. A separate letter will be addressed to you with reference to Table L, relat- ing to the quarantine regulations for the Colony.

9. Mr. Chamberlain proposes to ask the Governor for further information as to the reasons which have led to the increase from a limit of $2,000 to $5,000 of the securities required under subsection 2 (b) of section 3. It would seem to be inadvis- able to accentuate the differences between Chinese and British inhabitants in such matters, and a further safeguard is provided by subsection 11 of the same section.

10. Certain important parts of the Imperial Act have not been included in the Hong Kong Ordinance, and Mr. Chamberlain considers that some of them should be added, and in particular that section 8 should be widened to include the matters dealt with in sections 197, 198, 199, 201, and 210, of the Imperial Act, in accordance with its title. Provisions equivalent to sections 239 to 241 of the Merchant Shipping Act, 1894, should also be inserted, as it would not appear that the Ordinance in its present form enforces the keeping of a proper log.

11. It will be necessary to refer to the Foreign Office the final provision of sub- section 5 of section 9, which provides that a Magistrate shall not deal with offences against discipline by a sailor belonging to a Foreign Ship unless the Officer (if there be one resident) undertakes that the seaman shall not in consequence

proper

Consular become a charge on the Colony. The sixth subsection will also be referred to the Foreign Office, but before referring to that Department, Mr. Chamberlain will be glad to receive any observations which the Board may wish to offer on these provisions.

12. With regard to the question raised in paragraph 5 and the following para- graph of Sir Henry Blake's despatch, Mr. Chamberlain apprehends that the suggestion made in paragraph 7, that Chinese Junks should be precluded fron. suing in the Courts of the Colony for damages due to collision with British Ships unless and until the 'Chinese Government adopt the international regulations for the prevention of collisions at sea must be dependent on the decision of the Foreign Office. But he would be glad to learn whether the proposal is viewed favourably by the Board of Trade.

• Enclosure in No. 1.

I am, &c..

C. P. LUCAS.

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