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PUBLIC RECORD OFFICE

Reference :-

TITIC.O.885

21 PUBLIC RECORD OFFICE, LONDON

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Secretary of State for the Colonies, respecting the proposal of the Government of Bengal that the attention of intending emigrants from India to the Colonies should be specially drawn in the future, and at the time of their registration, to the penal liabilities attaching to their contracts, and that the penalties should be embodied in the printed forms of their agreements.

2. I beg to transmit, for your consideration, copies of a minute on the subject by the Agent-General of Immigration, and of a memorandum by the same officer on the report of the proceedings of the Indian Legislative Council, a copy of which was enclosed in your despatch marked “ Miscellaneous," of 14th June last.*

3. Copies of the Emigration Agent's letter have been communicated to the Managers of the Colonial Sugar Refining Company and the Vancouver-Fiji Sugar Company for the confidential information of their respective Companies.

4. If you should be informed that the Government of India has decided to insist that the penal clauses of the Immigration Ordinances should in future be endorsed on the agreements, I shall be grateful if the Government of this Colony can be given an opportunity of considering whether, as an alternative course, steps should not be taken to eliminate from the Immigration Ordinances all penal clauses, and to include them, if not already so included, in those Ordinances which are of general application to the whole community.

I have, &c.,

Enclosure 1 iu No. 72.

HONOURABLE COLONIAL SECRETARY,

BICKHAM ESCOTT,

Governor.

THE proposed action of the Indian Government reported by the Emigration Agent, Calcutta, is likely to be of very serious moment to this Colony.

1. The section of the Indian Immigration Act which refers to the agreement to emigrate, signed before a registering officer by the emigrant and recruiter, reads as follows, viz. :—

Every agreement to emigrate shall contain a copy of the particulars registered concerning the intending emigrant and his dependents (if any) under Section 27, and on the reverse such particulars concerning the nature, duration, and term of service and the remuneration of the emigrant, and such other matters (if any) as the Governor-General in Council by rules made under this Act prescribes.'

The form of agreement, with conditions included, has been in existence for many years, but the Indian Government are now inclined to adopt therein the inclu- sion of matters previously not considered necessary, and which it is expected will, owing to the ignorance and suspicion of the classes from which emigrants are obtained, at once bring about the stoppage of recruiting.

2. The immigration laws of the Colony have been submitted to, and approved by, the Government of India, and the conditions as they now appear on the agree- nient are considered sufficient. It seems hardly possible that the omission from the agreement of the penal liabilities should not have been considered, and the objections to their inclusion instanced by Mr. Gibbes, and which are no doubt obvious to any experienced Indian official, given due weight.

3. The case for the Colonies interested is clearly stated by Mr. Gibbes, and I respectfully submit that his representation to the Secretary of State should be sup- ported as strongly as possible by this Government.

4. Fiji, unfortunately, is in a different position to the other Colonies which Mr. Gibbes represents, in having a comparatively small unindentured Indian popu- lation and also a larger area of undeveloped land. The native Fijian population, which owns the greater part of the land in this Colony, is of no value as a source of plantation labour.

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5. In Trinidad and Jamaica the discontinuance of emigration has been anti- cipated owing to the present or prospective over-population of these islands; but in this Colony the whole question of its prosperity seems to depend upon the intro- duction, for a number of years to come, of an annual supply of immigrants for the extension of its planting industries, and eventually to supply the place of the diminishing native population.

6. A very large amount of capital has been invested of recent years in Fiji in the expectation that the present system of recruiting Indian labourers, which has been so long in force, would be continued. continued, it will be difficult to estimate the consequences to the Colony.

If this supply is to be abruptly dis-

7. I believe that none of the grounds particularised in the Act (Chapter II.) exist which would justify the Indian Government in prohibiting emigration to Fiji, and if it is thought desirable on other grounds to bring its discontinuance about, then, in justice, some years' notice should be given of the intention.

8. I understand from the terms of the letter forwarded by the Protector to Mr. Gibbes that the penal liabilities it is proposed to insert in the agreement are those which impose a criminal liability—that is, the penalty of imprisonment. I attach lists which show the offences under the Immigration Ordinance for which such penalty can be awarded, distinguishing

(1) offences connected with the performance of work;

(2) offences connected with hospital or plantation discipline, or such as are

likely to cause a breach of the peace.

I also enclose a list (3) which indicates the penalties (which include imprison- ment) to which an employer may become liable under the Ordinance, and these are both numerous and heavy.

9. To the lists (1) and (2) are appended notes in regard to the application of particular sections.

List (1). There are three Sections, viz., 108, 109, and 176, which deal with the failure of an immigrant to perform the work for which he agreed to emigrate. By Ordinance No. II./1912 these sections have been radically amended, and in case of Section 108, under which two-thirds of all prosecutions are brought, the alternative penalty of imprisonment has been abolished. The alternative penalty of imprison- ment in Section 109, "Unlawful absence, third conviction for," and "Desertion, third offence," the alternative imprisonment has been reduced by half.

It is anticipated that these amendments, together with the limitation of exten- sions, will greatly reduce the number of prosecutions.

Also under Section 226 :-For persuading or attempting to persuade any inden- tured immigrant to desist or absent himself from work. Penalty, fine not exceeding £2 or 2 months' imprisonment. The penalty of imprisonment in this instance might well be omitted.

List (2). These penalties are for breach of sanitary rules. Sale of rations sup- plied by employer. Refusal to go to, or misbehaviour in, hospital. Careless use of fire, &c. Damage to property of employer. Threatening conduct or language. Refusal to give reasonable information as to identity by deserter (suspected) to Agent-General of Immigration or officer of police, &c.

These penalties are for the most part for the welfare of an indentured immi- grant, or intended to enable an employer to perform the responsibilities towards immigrants imposed upon [him] by the Ordinance.

12. By Ordinance No. II./1912, the Agent-General or Inspector of Immigrants is now empowered, if necessary, to appear in the defence of an indentured immigrant charged with a breach of the Immigration Ordinance. This provision is expected

to be of service in preventing unnecessary or irregular prosecutions of immigrants, and has already been taken advantage of successfully.

13. The penalties in the Fiji Ordinance seem generally lower than those pro- vided in the Trinidad Ordinance, but I think that, given an experienced and com- petent Magistrate, the maximum penalty is immaterial, and a just and fair penalty will be awarded.

14. I have to express my conviction, after many years' service in this Depart- ment, that emigration to Fiji is much to the advantage of immigrants. The steady work and the orderly discipline of a plantation where the immigrants are properly

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