CO885-(11-13) — Page 110

3380.

MY LORD,

No. 804.

(Hong KoNG.)

LAW OFFICERS to FOREIGN OFFICE.

We are honoured with your Lordship's commands signified in Mr. Hammond's

Temple, March 27, 1873. letter of the 21st instant, stating that he was directed by your Lordship to transmit to us a letter from the Colonial Office, enclosing a draft ordinance which had been prepared by the Hong Kong Government for the purpose of preventing the building or equipment in that Colony of vessels intended for the coolie trade. The ordinance was accompanied by an explanatory letter by the Attorney-General of Hong Kong and by a Minute of the Emigration Board, and he (Mr. Hammond) was to request us to take the papers into consideration and report to your Lordship our opinion whether the ordinance might properly be approved by Her Majesty's Government.

That the case of the "Maria Luz" alluded to in the Colonial Office letter had already been before us, and we reported on the 29th November that the proceedings of the Japanese Government in that affair, fully set forth and commented upon in the accompanying memorandum by Sir E. Hornby, were justifiable and right.

The previous correspondence on the subject was annexed for reference. In obedience to your Lordship's commands we have the honour to—

Report

That the ordinance, with the exceptions which we submit to your Lordship, may in our opinion be properly approved by Her Majesty's Government.

1. The words suggested by Lord Kimberley in Mr. Herbert's letter from the Colonial Office of 8th March last in the second penalty clause, section 4, and in sections 9 and 10, should be inserted.

2. In section 12, after the word "equipped," which is twice used in that section, we are of opinion that in each case the words " within the waters of the Colony and

contrary to the provisions of this ordinance" should be inserted.

3. Section 17 is, in our opinion, open to all the objections stated by Sir C. Murdoch. The section, as it stands, authorises the seizure under all the circumstances of any ahip (British or foreign) which, carrying Chinese emigrants, may come within the waters of the Colony-in fact, forbids, under penalty of seizure and detention, the waters of the Colony to every ship wherever equipped and however employed in carrying every description of Chinese emigrants to any part of the world.

We are of opinion that this clause should either be altogether left out, or modified by inserting after the word "which" the words "after having been equipped within "the Colony without the licence of the Governor, and contrary to the provisions of

this ordinance."

**

We consider the omission of the clause the preferable course.

The case of the "Maria Luz was one in which the conduct of the Peruvian master towards the Chinese on board his vessel justified the action of the Japanese authorities, and has, in our opinion, but a remote, if any, bearing at all upon the propriety of the proposed ordinance.

The Right Hon. the Earl Granville, K.G.,

We have, &c.

(Signed)

J. D. COLERIDGE. G. JESSEL.

J. PARKER DEANE.

&c.

&c.

U 16978-897.

95.--5/86.

&c.

| PUBLIC RECORD OFFICE

Reference :-

C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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

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