CO885-(20-21) — Page 442

21

PUBLIC RECORD OFFICE

Reference :-

TLC.O.885

21 PUBLIC RECORD OFFICE, LONDON

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

Compulsory revidence of immigranta on their

plantationa

Extension of indentures.

Re-indenture.

Penalty for

Unlawful absence.

Commatation of extended time of

service.

Arrest of des. rters.

20

performed by a fresh arrival. By the definition as it stands the newcomer may have to work according to an artificial standard very difficult to gauge.

If he is put with skilled labourers and compelled to measure the result of his labour by the amount of work done by the skilled labourers he may be required to do a task much more than six hours in duration and possibly altogether beyond his powers. has been thought preferable to measure the amount of work by reference to the capability of the individual immigrant rather than by reference to an indeterminate standard. Amendment has therefore been effected on the lines of Section 115 of the Trinidad Ordinance.

In the interests of the employed no less than in that of the employers, it is desirable that residence of immigrants on the plantations to which they are allotted should be compulsory. Indentured women in some cases live off plantations (mostly with unindentured or time-expired men) and come to the estate only for purposes of work. The women and their children in consequence do not receive proper atten- tion. Adequate inspection of the conditions under which they live is impossible, and cases of sickness are not promptly brought to light. Clause 3 of the Bill adopts the provisions of Section 139 of the Trinidad Ordinance.

Under Section 70 of the principal Ordinance a stipendiary magistrate, on con- victing an immigrant for "absence," " failure to show due diligence," or failure to complete task," or 'desertion," must make an order extending the period of indenture of the immigrant in proportion to the time lost by reason of "the offence, proceedings, and sentence." The power to make extension orders appears to be inter- preted too liberally in Fiji and it is thought desirable that the time actually lost by reason of unlawful absence, desertion, and imprisonment should alone be counted, a principle adopted in British Guiana. By the amendment in Clause 4 of the Bill the order will be narrowed in scope in consonance with the British Guiana practice. For the reasons indicated in paragraph 6 of the despatch of His Excellency the Acting Governor (of which this is an enclosure) it has not been thought desirable to give the magistrate the discretionary powers suggested in paragraph 5 of the Secretary of States' despatch, No. 163 of 27th August, 1910.

Clause 5 of the Bill carries out the recommendation of the Committee referred to in paragraph 6 of despatch No. 163 referred to above.

Clause 6 has been introduced to enact a penalty as an alternative to the imprison- ment prescribed by Section 109 of the Ordinance.

In the Fiji Legislative Council on the 19th May, 1908, the Honourable Mr. Coubrough, one of the Elected Members, called attention to the provisions of Section 124 of the principal Ordinance with regard to the commutation of an extension of service. He pointed out that the option to claim a right of commutation rested with the delinquent and he moved to insert an amendment giving the employer an option to commute on the receipt of a rate of 4d. per day. The honourable member forgot that, as payment is made by the immigrant, the option must always remain with him. What Mr. Coubrough intended to convey, no doubt, was that the employer should not be bound by the immigrant's exercise of his option. The amendment was not accepted, but His Excellency the Governor promised to refer the matter to the Secretary of State. Amendment was approved by the Secretary of State in despatch No. 24 of 9th February, 1909, in the following terms :-

His Majesty's Government accept the view that, so long as orders for the extension of indentures are passed only in the case of incorrigible offenders, the employer may fairly be granted the option of not accepting a proposal for commutation."

LC

Section 124 has been amended by Clause 7 of the Bill. The immigrant's right to commute will be conditioned on the Agent-General's consent having been obtained and terms not exceeding the present rate having been agreed upon between the employer and the Agent-General. By the suggested amendment the Agent-General will be enabled to discriminate between the various offenders and will have the same powers as at present with respect to cancellation of original indentures under Section 60 of the Ordinance subject to the question of the rate of payment. The employer will not be bound to accept the proposal for commutation.

In Fiji, under Section 175 of the existing Ordinance, a deserter from a plan- tation for three days may be arrested without warrant by his employer, but he

cannot be arrested by a police constable unless the latter" the deserter." The provisions of the British Guiana Ordinance as to the appre- is sure of the identity of hension of immigrants suspected of being absent without leave are preferable in practice. Amendment of sections 175 and 176 of the principal Ordinance have been made by Clauses 8, 9, 10, 11, and 12 on the lines of Sections 127, 128, and 120 of the British Guiana Ordinance.

Agent.

Frequent representations have been made as to the desirability of the Agent Defence of General and his appointees having, in addition to their existing powers of instituting General. proceedings, power to defend charges brought against immigrants. The ignorance and timidity of immigrants, especially newcomers, added to their inexperience of Court procedure often render some aid advisable. Few of the magistrates in Fiji have had a legal training, and it appears desirable that every assistance should be rendered to them in the elucidation of the true facts of the cases coming before them. Clause 13 of the Bill amends Section 207 of the principal Ordinance in the direction indicated.

Regulations

government

Clause 14 of the Bill gives power to the Governor in Council to make regulations for the for the government of the festivals of immigrants, following the lines of Sections of the 268-271 of the Trinidad Ordinance.

fretivale of immigrants.

children ca

By Clause 15 of the Bill the obligation is laid on the employer of providing Eution of school buildings and equipment for the education of the children of school age of plantation. immigrants indentured to the plantation and for regulations relating thereto. It is proposed that the Government should provide teachers. The question of education is dealt with in the despatch of His Excellency the Acting Governor forwarding this memorandum.

Section 133 of the Trinidad Ordinance has been followed in Clause 18 of the Bill Prohibition to enact the very desirable provisions contained therein,

Chambers, Suva,

Draft.]

9th December, 1910.

G. G. ALEXANDER,

Acting Attorney-General.

A BILL INTITULED AN ORDINANCE TO AMEND THE INDIAN IMMIGRATION ORDINANCE,

1891.

Be it enacted by the Governor, with the advice and consent of the Legislative Council, as follows:-

of store 03 of

r

plantation.

1. This Ordinance may be cited for all purposes as the Indian Immigration Short title. Amendment Ordinance, 1911, and shall be read with, and construed as one with and forming part of the Indian Immigration Ordinance, 1891, hereinafter called the principal Ordinance.

of section 3

2. Section three of the principal Ordinance is hereby amended and shall be Admrut read as if the interpretation of the word "task" therein given were repealed. In of Ordinance lieu thereof the word "task " shall have the meaning following assigned to it unless So. of 1991 the context otherwise requires:

Ordinance.

task "-In the case of a male that extent of task-work which shall not be (Trinidad

greater than can be performed by the immigrant to whom it is assigned ction 115 ) within one working day of seven hours without extraordinary exertion and in the case of a female three-fourths of such extent of work.

Amendment of section 4

3. Section fifty-four of the principal Ordinance be read as if the words following were added thereto :-" Every indentured immi- So. 1 of 1891. hereby amended, and shall of Ordinance grant shall be bound to reside on the plantation whereon he is under indenture."

4. Section seventy of the principal Ordinance is hereby amended and shall be read as if the words "offence, proceedings and sentence were deleted therefrom and the words following substituted therefor :-

in the seventh line thereof

83391

(Trinidad Ordinance. Bection 139.)

Amendment

of Ordinance

of ⚫ection 79

No. I of 1891.

*

unlawful absence or desertion of, and term of imprisonment adjudged to be (British

served by, the said immigrant."

Guiana Ordinance,

section 187.)

B 3