CO885-(6-7) — Page 516

RESTRICTIONS BILLS.

163

522

To whom applicable

Exemptions

a. (Actual.)

NEW SOUTH WALES.

to

Restrictions 88 Chinese made applicable to all persons belonging race inhabiting the to any coloured Continent of Asia or the Continent of Africa, or any island adjacent thereto, or any island in the Pacific Ocean or the Indian Ocean.

Sec. 1, Reserved Bill.

Persons duly accredited on any special mission to Her Majesty by the Govern- ment or ruler of any country, State, or territory, or to this Colony under the authority of the Imperial Government.

Sec. 1, Reserved Bill.

1. Nothing herein contained shall be deemed to include within the operation of this Act any person either wholly or partially of European descent. The native races of Australia, Tasmania, and New Zealand shall also be exempt from the operation of this Act.

4. This Act shall not apply, nor shall the Chinese Restriction and Regulation Act of 1888 apply, to ministers of religion, missionaries, native teachers, tourista, merchants, men of science or students, and the wives and families of such persons, and also their domestic servants who are bearers of certificates of identity specifying their occupation and their object in coming into New South Wales, or of other similar docu- ments issued by the Government whose Bubjects they are. Every such certifi- cate or other document shall be in the English language, and shall be examined and endorsed by a British Consul or Chargé d'Affaires, or other accredited representative of the British Govern- ment, at the place where the same is issued, or at the port or place of depar. ture, and neither of the above-mentioned Acts shall prevent the landing of any of the officers or of the crew of any vessel during her stay in any port of New South Wales, subject to such regula- tions ensuring the departure of all such officers and members of the crew with their ship, as the Governor in Council may prescribe.

Secs. 1 and 4, Reserved Bill.

SOUTH AUSTRALIA.

includes

all

"Coloured immigrants " persons of coloured race, and their descen- dants, inhabiting the Continent of Asia or the Continent of Africa, or any island adjacent thereto, or any island in the Pacific Ocean or Indian ('cean.

No. 672, sec. 2, clause (1).

Natives of Australia, Tasmania, or New Zealand,

No. 672, sec. 2, clause 1.

6. This Act shall not apply, nor shall the "Chinese Immigration Restriction Act, 1888," apply to members of the British House of Commons, ministers of religion, missionaries, native officers of the British Army, native teachers, tourists, merchants, men of science or students, and the wives and families of such persons, and also their domestic servants who are bearers of certificates of identity, specify- ing their occupation and their object in coming into South Australia, or of other similar documents issued by the Government whose subjects they are. Every such certifi- cate or other document shall be in the English language, and shall be examined and endorsed by a British Cousal or other accredited repre- sentative of the British Government at the place where the same is issued, or at the port or place of departure.

No. 672, sec. 6.

2. None of the provisions of the "Chinese Immigration Act of 1888 shall apply to any Chinese who have been, before the first day of October, one thousand eight hundred and ninety-one, naturalised as British subjects in South Australia, or in any other Australasian Colony which may afford similar privileges to Chinese naturalised in South Australia, or to the wife of any such Chinese.

No. 534, sec. 2.

2. This Act shall not apply-

I. To any person duly accredited to any Australasian Colony by any Govern- ment, as its representative, or on any special mission,

II. To the crew of any vessel not being discharged therefrom in the province, and not landing in the province except in the discharge of duties in connection with such vessel.

No. 489, sec. 2.

16. Every Chinese in the province at the date when this Act comes into operation may at any time thereafter apply to the Treasurer or any officer appointed by him, or to any special magistrate, for a certificate of exemp- tion from the provisions of this Act, and thereupon the person to whom the applica- tion shall be made shall deliver to the

NEW ZEALAND.

2. In this Act, if not inconsia- tent with the context-

"Asiatic" means any native of any part of Asia, or of the islands adjacent to Asia or in Asiatic seas, and the descendants of any such natives.

No. 64, c. 2.

(1.) Persons of European or Jewish extraction; nor

(2.) British subjects, being natives of that portion of Her Majesty's dominions known as the Indian Empire.

24. This Act shall not apply

to-

(1.) Her Majesty's land and

ses forces; nor to (2.) The officers and crew of any ship of war of any Asiatic Government; nor to (3.) Any person duly accredited to New Zealand by or under the authority of the Imperial or any other Government;

nor to

(4.) Any minister or teacher of the Christian religion duly accredited to the satisfaction of the Colonial Secretary, No. 64, seca. 2 and 24. Sec. 11 of No. 64 (see post,

under " crews of vessels ").

TASMANIA.

All male persons belonging to any coloured race inhabiting the Continent of Asia or the Conti- nent of Africa, or any island adjacent thereto, or any island in the Pacific Ocean or the Indian Ocean.

to

No. 55, Bec. 3 (1). Provisions of Acta Chinese immigration restriction made applicable to all persons as above.

No. 55, sec. 3 (2), I. and II.

Persons duly accredited on any special mission to Her Majesty by the Government or ruler of any country, State, or territory, or to this Colony under the authority of the Imperial Government.

No. 55, sec. 3 (1).

(3.) Nothing herein contained shall be deemed to include within the operation of this Act any person either wholly or partially of European descent.

(4.) The Australia and New Zealand shall also be exempt from the operation of this Act.

native races

of

No. 55, Becs. 3 (3) and 3 (4). 12. Notwithstanding anything Chinese in this Act contained, any arriving in Tasmania who pro- duces evidence to the Collector of Customs that he is a British sub- ject shall be wholly exempt from the operation of this Act; and a certificate of the Governor of any British Colony or of a British Consul shall be sufficient evidence of the claim of such Chinese to exemption under this section.

No. 9, sec. 12.

X 2

REMARKA

The New Zealand law does not apply to Africans, or to natives of the Pacific, except such islands as are adjacent to Asia or in Asiatic sene. The Tasmanian Act only applies to males, the others to both sexes.

}}

The South Australian Act does not of exempt

partially persons European descent, and it is doubtful whether the New Zealand Act exempts them or not.

Tasmania exempts British subjects, certificate of but they require a nationality from the Governor of the Colony. The Governors of Madras, Bombay, &c., are not Governors of Colonies. Would their certificates be accepted?

Zealand New

exempts Her Majesty's "land and sea forces," and South Australia exempts "native officers of the British Army." It is conceivable that Indian troops might have to be sent to Australia to expel an invader. They could operate in New Zealand and Tasmania, but not in New South Wales, and only "officers" in South Australia,

merchants, Ministers, teachers, tourists, &c., are exempted by New South Wales and South Australia, but not by New Zealand and Tas- mania. The exemption should he general.

It is doubtful whether, under section 5 of the South Australian

Act, in counting the number of coloured immigrants which the vessel may have on board, exempted persons are to be excluded. This ought to be made clear, ae is done in section 5 of the New South Wales Act. South

Australia

to exemption grants Agistics naturalised in another Australian Colony, provided such Colony reciprocates, but as none of them do, the exemption is valueless. Reciprocity in this respect is required if all the exclusive provisions are to be similar.

In this respect the New South Wales Act is particularly open to objection. Coloured persons naturalised in the Colony may obtain exemption from the law, but this privilege is not extended to persons who are British subjects by birth. If such persons leave the Colony, they become subject

PUBLIC RECORD OFFICE

Reference :-

PERC.O. 885

6

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH—NOT TO

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