115
looked after, although, perhaps, at first distasteful, makes them different men, physically and otherwise, to the generally childish and ignorant peasants recruited in India.
No one can doubt this who has had an opportunity of seeing the time- expired men and women who annually return to India.
If immigrants shortly after their indenture are found to be unfit for plantation work, they are returned to India at the cost of general revenue, which also bears practically the greater part cost of the hospital treatment of unindentured Indians.
I understand that the Government of India have prohibited, from July next, the recruiting of labourers for indenture to the Assam plantations; and that the argument has been used that a similar prohibition should be made in case of emigration under indenture, in fairness to India.
15.
It must be considered, however, that the advantages open to a time-expired immigrant here are much greater than in, say, Assam. In Fiji such immigrants have opportunities of taking up land and making money as cultivators, storekeepers, or tradesmen, greater than anything that India has to offer, and the general standards of living are higher.
It would not be difficult to give instances proving the success of Indians in this country, such as the following:-An immigrant who returned to India some time ago, taking with him a large sum of money, died in India lately, and was found to possess, in Fiji, property, freehold and otherwise, worth £1,250. A little while since an Indian holding some land at Rewa consulted me as to his will, in which he desired to bequeath £500 out of his savings for the erection of a building to be used for religious and charitable purposes. The very considerable value of the gold coinage which goes out of circulation, and for which the local banks cannot account, proves the general well-to-do condition of the Indian, who alone hoards his cash.
16. The advantages or otherwise of emigration are not, however, called into question by the point which has been unexpectedly raised; it is rather the principle of imprisonment as a punishment for breach of a labour contract. In regard to further amendment of the Ordinance with a view to removing, as far as possible, such penalties, I think it would be difficult to further reduce penalties for offences as shown in list (1).
In list (2) it will be noticed that several of the offences might be dealt with under regulations, and others, perhaps, by inclusion in the general law.
17. His Excellency the Governor might consider it desirable to acquaint the Manager, Colonial Sugar Refining Company, Limited, and the Manager, Vancouver- Fiji Sugar Company, Limited, with the present position.
30 July, 1912.
LIST 1.
A. R. COATES.
Penalties for Offences UNDER THE IMMIGRATION ORDINANCE CONNECTED WITH THE PERFORMANCE OF WORK.
Ordinance.
No. 1 of 1891. Section 108.
Offence.
Unlawful absence from work or neglect or refusal to perform or complete work assigned. Penalty, fine not exceeding 35. for each day for such time as the Magistrate may think the immigrant's labour has been lost to the employer by reason of the immigrant's absence, failure, neglect, or refusal as aforesaid. No alternative of imprisonment.
Remarks.
It is under this section that 60 per cent. of all informations against immigrants under the Ordinance are laid. It is not usual to prosecute immigrants under this section until they have become used to ordinary plantation labour and then only when it is found actually necessary to make an example. Plantations in this Colony are often situated at a considerable dis. tance from the Court-house, and it is not worth while from an employer's point of view to waste his time and that of his airders in unnecessary prosecution.
By Ordinance No. 2 of 1912, the alternative penalty of imprisonment for failure to pay fine inflicted under this section, and the granting of exten- sion of indenture by the Magistrate for time lost to employer by reason of convictions, was abolished, and it is anticipated that the effect
Ordinance.
No. 1 of 1891. Section 108- continued.
Section 109.
Sections 175
and 176.
Section 226.
Section 70.
93391
I
Offence.
Unlawful absence. Upon third conviction penalty not exceed - ing 408. or three months' im- prisonment. Desertion. Absence from plan- tation without lawful excuse for three days exclusive of Sundays or holidays.
in
1. A deserter may be arrested without warrant by his em- ployer or other person authority on plantation and returned to his plantation.
2. If proceedings are taken the penalty is fine not exceeding 30s. for first and second con- victions, without alternative of imprisonment.
3. On third conviction penalty not exceeding £5 or three inonths' imprisonment.
Dainage to property of employer through negligence or improper conduct or persuading or at- tempting to persuade any in- dentured immigrant to desist or absent himself from work. Penalty not exceeding £2 or two months' imprisonment.
Extension of indenture. Strictly speaking this is not a penalty. An immigrant agrees to work on a plantation for five years. If through a breach of the law he fails to carry out his agree- ment within a given period there would seem to be no in- justice in an extension of that period. The extension by a magistrate is now limited to a total period of six months.
Remarks,
will be to largely reduce the number of infor- mations laid for such breaches of the Ordi
nance.
It is customary, in case of first offenders or when the Magistrate thinks fit, to warn the immigrant charged under this section without inflicting a penalty.
The maximum penalty is not 38. for each offence, but for each full day of such time as has been lost to employer by reason of the failure or refusal of the immigrants; thus in case of an incomplete task the maximum penalty is re- duced by the proportion of the task performed. The ordinary penalty would be la, or 28. in such case. Informations are laid under this section against habitual idlers. The penalty has been reduced, by amending Ordinance No. 2 of 1912, from £5 to £2. The reasons which induce an immigrant to desert his plantation are usually as follows:-If newly arrived in the Colony, homesick, and strange to his surroundings, he sometimes leaves his plantation and returns in a few days, or is brought back to his plantation from some native village. In this case he may be brought before the Magistrate, who cautions him and discharges the case. Immigrants of more experience are sometimes induced to desert by the prospect of earning higher wages from "free" Indian cultivators, who at times, owing to the scarcity of labour, will, without questions being asked, give double the plantation rate of wages.
There are, again, a constant proportion of idlers, mendicants, or criminals, who are averse to labour or to plantation discipline, and prefer to lead a vagrant existence in native villages, or supported by the alms of their countrymen, or as thieves or professional gamblers.
cases.
It is evident that the imposition of a fine without the alternative of a term of imprisonment would be ineffective as a deterrent in such
The object of an employer in prosecuting the latter class has been partly to recover from the immigrant the commutation of his extensions granted by the Magistrate on conviction, at the rate of 3d. per working day, which they are sometimes able to recover.
The limitation of the Magistrate's power to order extensions to a total period of six months will no doubt render prosecutions less numerous in, future. Proceedings for damage to property through mis- conduct or negligence of an immigrant might by a slight amendment be brought under the general law of the Colony, but it would not be to the advantage of the immigrant. The penalty for persuading an immigrant to absent himself from work is a necessary one in the interest of immigrants generally, although proceedings are rarely taken,
H 2
PUBLIC RECORD OFFICE
9
Reference-
C.O.885
21 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
No comments yet.
Private notes are available after approval.