CO885-(20-21) — Page 441

PUBLIC RECORD OFFICE

Reference :-

C.O.885

21 PUBLIC RECORD OFFICE, LONDON

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the adoption of this proposal is that, if the time-expired immigrants are com pulsorily made free at the expiration of their term of indenture, there should be some more organised system than that now existing of encouraging them to take up either land under the control of the Government or native unoccupied land. As you are aware, the Government is endeavouring to extend and increase the number of these settlements, and the delay proposed for abolition of the system of re-inden- ture would enable the Government to make further attempts to establish further areas of land for the settlement of time-expired Indians under proper supervision This matter is at present receiving the Government's attention.

16. I enclose, for your consideration and approval, a draft Bill prepared to give effect to the recommendations made in this despatch and also to matters referred to in paragraph 7 herein. Attached to the Bill is a memorandum prepared by the Acting Attorney-General, explanatory of its provisions so far as they do not relate to recommendations made by the Committee or to Lord Crewe's instructions.

17. I trust that it may be found possible to introduce the amending Bill at the regular session of the Legislative Council to be held in May next, and that I may receive your authority to include in the Bill provisions to limit the liability of the Government as to return passages referred to in the eighth paragraph of this despatch.

I have, &c.,

Enclosure 1 in No. 16.

HONOURABLE COLONIAL SECRETARY,

CHARLES MAJOR.

It will be seen from the enclosed comparative table* that the number of prose- cutions, and individuals prosecuted, and percentage of convictions to indentured population has diminished appreciably in this Colony since 1907, and the figures now compare favourably with the figures for British Guiana or Trinidad in 1907-3 quoted in the Report of the Commission.

(2) Although it is not specially referred to in the Report, one reason for the large number of prosecutions both in Fiji and the two Colonies named above is that employers must take proceedings and gain a conviction in order to obtain extension of indenture for the time lost to them by reason of the immigrant's dereliction of duty. This extension in Fiji may be commuted at the immigrant's option at the rate of 3d. per working day.

(3) In Trinidad and British Guiana (both Colonies have practically the same Immigration Ordinance) extensions can only be recorded for the time actually lost by desertion, unlawful absence, or imprisonment.

But in Fiji the principle of extension of indenture is carried to much greater lengths. Section 70 of Ordinance, No. 1/91, requires a magistrate on conviction of an immigrant for certain offences, viz., " Absence," Failure to show diligence,"

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or to complete a task," or " desertion "; to grant an extension order for time lost by reason of " the offence, proceedings, and sentence."

As an example of the way in which this works, take a form of information commonly laid, viz., for failure to complete a task on, say, six consecutive days; the earnings being proved to be 4s. 6d. in all, the Stipendiary Magistrate convicts, grants an extension for 14 working days for time lost by failing to complete task, 1 day for attendance at Court, and if the fine is not paid the equivalent in working days of sentence of imprisonment is added.

In British Guiana there could be no time extended except for term of imprison- ment in such a case as the above.

(4.) It must be understood that employers do not attempt to enforce their rights by summoning an immigrant for every incomplete task, but that they largely avail themselves of the penalties provided by Ordinance is undoubted, as the high average attendance at work shows as follows:-

In Fiji,

British Guiana, Trinidad,

+1

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1907 (males) percentage of days worked, 886.

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J1

80.

67.

The figures for the last-named colonies seem to be approximate only and may be of little value.

Not received in Colonial Office.

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(5) I believe the remedy for excessive prosecution by employers to be largely in the hands of the magistrates, but from time to time instances have been brought to the notice of His Excellency the Governor of excessive or improper penalties being awarded for minor breaches of the Ordinance, which seem to denote that by some magistrates views are held in regard to the position and liability of an indentured immigrant that are not in accordance with the letter or the intention of the law.

It is probable that the amending Ordinance about to be passed, which gives the Agent-General power to defend an immigrant in such cases, may have a useful effect in checking unnecessary prosecutions and perhaps the perfunctory administra- tion of justice.

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(6.) As a measure for further checking prosecutions, the Immigration Ordinance may be amended (a) to limit the granting of extensions by a magistrate to convictions for desertion or absence from work and to the actual time lost through absence, desertion, imprisonment.

(b) The right to commute extensions at will by an immigrant to be subject to the consent of the employer and the Agent-General, as in case of commutation of original indenture.

An amendment was moved at May Sessions of the Legislative Council, 1908, by Mr. Coubrough, to make commutation optional on the part of the employer, but this was not accepted.

(7) A comparison of the conditions in regard to prosecution in this Colony with those shown by the Report to exist in British Guiana seems to be to the advantage of Fiji. In the former Colony, notwithstanding the "perfection of the beneficial system of control referred to in paragraph 228 of the report, it is remarked in paragraph 232 that "the circumstances which lead to so many deser- tions, prosecutions, and convictions demand special attention and enquiry in the Colony,"

(8) In view of the recommendations of the Committee (paragraphs 362 and 434), I have to suggest that the Government of India might be again approached for permission to amend the terms of the Recruiting Agreement required by the Emigra- tion Act, by limiting the liability of this Colony in respect of the free return-passage to India at expiration of ten years' industrial residence of an immigrant, to three- fourths of such cost, and that the immigrant pay one-fourth and the cost of his outfit.

(9) Prior to 1895 both Trinidad and British Guiana offered to intending immi- grants a free return-passage after expiration of ten years' residence.

In 1895, both of these Colonies amended the terms of the agreement, with consent of the Indian Government, providing for payment by the immigrant of proportion of return-passage of one-fourth for a male and one-sixth for a female. Former " returns not entitled to a return-passage.

In 1898 the conditions were again amended, the proportion of the return- passage to be paid by the immigrant was increased to one-half, and one-third in case of women. The term of indenture for women nominally for five years was to cease as to the obligation to labour after three years. the proposed amendment to the Principal Ordinance, if approved, could be passed at It would be an advantage if the October Session of the Legislative Council.

2nd September, 1910.

Enclosure 2 in No. 16. MEMORANDUM.

A. R. C.

The draft Bill now submitted is designed to amend the Indian Immigration Ordinance, No. I of 1891, in certain details wherein amendment or addition has been found desirable in practice or with regard to which recommendations have been made by the Secretary of State in despatch No. 163 of 27th August, 1910.

as

of tack.

Clause 2 is an amendment of the definition of task. Task is defined at present Definition "in the case of a male that extent of task-work which can be performed by an ordinary able-bodied adult male immigrant in six hours working steadily at such work and in the case of a female three-fourths of such extent of work." Some doubt has been found to exist as to the meaning of the term "ordinary able-bodied adult male immigrant." The ordinary experienced immigrant, who has been in the Colony for two or three years, is able to perform an amount of work far in excess of that

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B 2