165
523
PUBLIC RECORD OFFICE
וּן
Reference :-
C.O. 885
NEW SOUTH WALES.
SOUTH AUSTHALIA,
Chinese making such application & certificate, signed by such person, specifying the name of the Chinese to whom the same is granted, and such particulars necessary for the Identifi- cation of such Chinese and otherwise as may be prescribed in regulations; and the person to whom such certificate shall be granted shall be exempt from all the provisions of this Act.
No. 439, sec. 15.
Persons holding a certificate of exemption under the Chinese Immigration Act, 1881 (now repealed).
No. 439, sec. 14.
3. It shall be lawful for the Governor in Council from time to time, by procla mation to be published in the " Gazette,' to exempt for any period any person or class of persons from the provisions of this and the principal Act, and to declare that such provisions shall not at any time, or for any specified period, apply to the person or class of persons mentioned in such proclamation. Any such proclamation may at any time be revoked by the Governor in Council by proclamation to be published in the "Gazette,"
Sec. 8, Reserved Bill.
4. Certificates of exemption from the pro- visions of this Act may be obtained by any coloured immigrant being within the province at the time of the passing of this Act, in manuer provided by the "Chinese Immigra tion Restriction Act, 1888," in relation to Chinese within the province at the time of the passing of that Act.
No. 672, sec. 4.
8. It shall be lawful for the Governor in Council from time to time, by proclamation to be published in the " Government Gazette," to declare that the provisions of this Act shall not apply to any person or any class of persona to be mentioned in such proclamation, either generally or for any time to be fixed by such proclamation, and any such proclamation may be revoked by the Governor in Council by proclamation to be published in the "Government Gazette."
No. 439, sec. 3.
NEW ZEALAND.
TASMANIA.
10. It shall be lawful for the Treasurer of Tasmania, or any person authorised by him, upon the application of any Chinese, and upon being satisfied that such Chinese was at the time of the passing of this Act a bona fide resident of Tasmania, and that he desired to be absent therefrom for a temporary purpose only, to grant to such Chinese a certificate that such Chinese is exempt from the provisions of this Act for a time to be specified in such certi- ficate, and during the time so specified, the holder of such certificate shall be exempt from all payments under this Act.
No. 9, sec. 10.
KEMARKS.
On
return,
to all the restrictions including poll tax. This must be an oversight, due to the repeal of section 15 of the Act of 1888, We exempting British subjects. must insist on exemption for all British subjects now in the Colony. This might be done by proclamation under section 3, but it ought to be in the law.
The New Zealand Act purports actually to make aliens of British subjects now within the Colony, which is ultra vires, and, like New South Wales, gives no power of exempting British subjects by birth who may temporarily leave the Colony, though it confines this to Chinese, sec. 18 (1).
Potential Exemptions.
Tasmania and New Zealand have
no general power conferred on the Executive of exempting by procla mation particular persons or classes of persons. It seems desirable that the Executive should possess this power, and the Foreign Office has urged an amendment of these Bill. in that direction.
Exemptions cont.
a. (Actual.)
¿. (Potential.)
6
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
PUBLIC RECORD OFFICE, LONDON
Restrictions on en-
try.
5. If any vessel, having on board a greater number of Chinese than in the proportion of one Chinese to every 300 tons of the tonnage of such vessel, shall arrive at any time in any port in this Colony, the owner, master, or charterer of such vessel shall be liable, on convic- tion, to a penalty of 5007. for each Chinese carried in excess of the fore- going limitation, unless the defendant shall show that the Chinese so carried is one of the crew, or has not been landed in the Colony, and is not intended to be so landed, or who shall prove to the satisfaction of the Collector of Cus- toms, or other duly authorised officer, that he is the bond fide holder of s certificate of naturalisation in New South Wales, or of an exemption certi- ficate duly granted under the provisions of the "Influx of Chinese Restriction Act of 1881." For the purposes of this Act, the tonnage of a vessel shall be ascertained (if she be a British ship) by her certificate of registry, and if not, or if the said certificate shall not be produced, then according to the rules of measurement prescribed by the "Mer- chant Shipping Act, 1864," being the Act of the Imperial Legislature, 17 & 18 Vict. c. 104.
vessel upon
arrival 4. The master of every at any port or place in this province from parts beyond the province, and baving any Chinese on board, shall forthwith, and before making any entry at the Customs, deliver to the Collector or other principal officer of Customs at such port or place, a a statement, specifying to the best of his knowledge and means of information, the number of Chinese on board such vessel, and the places of abipment and destination, and the name, calling, or occupation of each such Chinese. And for any default in the obser- vance of this section, such master shall, on conviction, be liable to a penalty not exceeding 1001.
No. 439, sec. 4.
5. No-vessel shall enter any port or place in the province, having on board a greater number of Chinese than in the proportion of one Chinese to every 500 tons of the regis- tered tonnage of auch vessel, such tonnage to be ascertained if the vessel shall be British by her certificate of registry, and if otherwise, or if such certificate shall not be produced, then according to the rules of measurement provided by the Imperial Statute, "Merchant And if any vessel Shipping Act, 1854." shall enter any port or place in the Colony, having on board any Chinese in excess of such number, the owner, master, or charterer
3. If any ship arrives in any port or place in New Zealand, having on board a greater number of Asiatics than in the proportion of one Asistic to every 200 tons of the tonnage of such ship, according to the registry thereof, if British, and if not, then accord- ing to the measurement prescribed by any Act for the time being in force regulating the measurement of British ships, the owner and master of such ship are severally liable to a penalty not exceeding 1001. for each Asiatic so carried in exceв8.
4.1.) Such master shall im. mediately on his arrival in any port or place in New Zealand, deliver to the Collector or other principal officer of Customs at such port, or nearest to such place, a list of all the Asiatica on board, specifying the name, the place of birth, the apparent age, and the former place of residenco of each such Asiatic.
(2.) For any default in com. plying with this provision, such maater is liable to a peualty not exceeding 2001.
2. The master of every vessel having Chinese on board, shall immediately upon his arrival from beyond Tasmania in any port or place in Tasmania, and before making any entry at the Customs, deliver to the Collector of Cas toms list of such Chinese, specifying the name, the place of birth, the apparent age, the ordi- nary place of residence, the place and date of shipment, and the calling or occupation of each such Chinese, under a penalty for every default not exceeding 2007.
3. If any vessel having on board a greater number of Chinese than in the proportion of one Chinese to every 100 tons of the tonnage of such vessels, shall arrive at any time in any port in this Colony, the owner, master, or charterer of auch vessel shall be
liable, on conviction, to a penalty not exceeding 101. for each Chinese so carried in excess of the foregoing limitation.
5. Before any Chinese shall be allowed to land from any vessel, every such Chinese shall be vacci- nated by the health officer of the
X 3
Restrictions on Entry.
The number of coloured immi- grants that may be carried differs in every one of the four Colonies. New South Wales allows one for every 300 tons burthen, South Aus- tralia one for every 500, New Zealand one for every 200, and Tasmania one for every 100.
23
AD
It
South Australia, New Zealand, and Tasmania impose their penalties for carrying more Asistics than the speci- fied number. New South Wales conflues the penalty to "landing excessive number of Chinese. would appear to be enough to make the "landing" an offence. It cannot matter how many coloured people are on board so long as they are intended for some other place. A coolie ship if driven into the ports of South Australia by stress of weather would subject the owner to a fine of fabulous amount, unless perhaps, the Executive
were
to grant exemption by pro- clamation under section 3, which is acarcely intended to meet such cases.
New South Wales, South Aus- tralia, and New Zealand specifically
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