CO885-8 — Page 231

463

PUBLIC RECORD OFFICE

Reference :-

T▬▬▬▬ C.O. 885

PUBLIC RECORD OFFICE, LONDON

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

8050

No. 13.

WESTERN AUSTRALIA.

ACTING GOVERNOR SIR E. A. STONE to MR. CHAMBERLAIN.

(No. 2.) SIR,

(Received March 2, 1903.)

[Copies of Acts to Foreign Office, March 6, 1903. L.F.]

Government House, Perth, January 27, 1902.

I HAVE the honour to acknowledge the receipt of your despatch, No. 35, of the 16th October last,* with reference to Acts and Regulations referring to Acts bearing on the position of Asiatics in Australia.

2. I now transmit copies of the Actst in force in this State on this subject.

8064

No. 14.

I have, &c.,

E. A. STONE,

Administrator.

CAPE OF GOOD HOPE.

GOVERNOR SIR W. F. HELY-HUTCHINSON to MR. CHAMBERLAIN.

(No. 32.) SIR,

(Received March 2, 1903.)

[Copy to Foreign Office, March 14, 1903. L.F.]

Government House, Cape Town, February 5, 1903.

I HAVE the honour to transmit to you, with reference to your despatch, No. 302, of 14th November last, a copy of a Minute from Ministers respecting the Laws and Regulations applicable to Immigrants into the Cape Colony of Asiatic race.

(No. 1/67.)

I have, &c.,

WALTER HELY-HUTCHINSON.

Enclosure in No. 14.

From MINISTERS to GOVERNOR. MINUTE.

Prime Minister's Office, Cape Town, February 4, 1903. With reference to the Minute of His Excellency the Governor, No. 911, of the 2nd December last, transmitting copy of despatch, No. 302, dated the 14th November, 1902, from the Right Honourable the Secretary of State for the Colonies, relative to Laws and Regulations applicable to Immigrants into the Cape Colony of Asiatic race, Ministers have the honour to forward herewith a report by Mr. Advocate Morgan Evans on the subject.

J. GORDON Sprigg.

SUBJECT:

Laws and Regulations applicable to Immigrants of Asiatic race. REPORT of Mr. Advocate Morgan Evans.

Attorney-General's Office; Cape Town, January 30, 1903. The Secretary of State for the Colonies desires to be informed as to our Laws and Regulations applicable to Asiatic Immigrants, (a) Arriving in the Colony; (b) Sojourning therein; and whether (c) Japanese subjects are classed with other

‡ No. 4.

Asiatics.

• No. 3.

↑ Not reprinted.

9

(a) Asiatic Immigrants arriving in the Colony-They are subject to the provi- sions of the Immigration Act, 1902, and the Regulations made thereunder. Although the Act does not specifically legislate in respect of Asiatics it is clearly aimed mainly against Asiatic Immigration.

The result of its provisions would appear to be as follows:—

No Asiatic is allowed to immigrate into this Colony unless:–

(A) He is so educated as to be able to read and write some European language, The Immigration officials have wide powers in order to enforce the educational test; and the result of the application thereof will be to shut out most Asiatic undesirables. It only allows in the more desir- able classes. A Japanese doctor, or lawyer, or mercantile man would in all probability not be prohibited. It even admits many who would fall within the "Babu" classes in India.

The test, of course, is prohibitive to artizans, labourers, and the lower classes generally.

(B) He is also possessed of visible means of support, and is not likely to

become a further charge.

This test is not very important in the case of Asiatics; if they can pass the educational test, they are most likely to be able to support themselves in the Colony.

(c) He is not (i) a convicted criminal (who, of course, has served his time); (ii) a lunatic; (iii) a person who trades on prostitution; (iv) a person deemed, from information supplied to our Government by any other Government, British or foreign, to be an undesirable.

The law exempts from its provisions such Asiatics as are—

(i) Members of His Majesty's naval and military forces;

(ii) Officers, or of the crew, of any foreign public ship;

(iii) Ex-volunteers who served in the Boer war and received good discharges;

(iv) Already domiciled in South Africa and are returning there;

(v) Members of the family of any of the above.

The fact that Asiatic labourers, artizans, miners, mechanics, workmen, &c., may have been employed to serve in the Colony under a contract certified by a Govern- ment agent abroad, is of no avail.

The law only applies to immigrants which it is submitted would be interpreted as only including those coming into the Colony for the purpose of making a living or of permanent residence. The restriction would not, therefore, apply to Asiatic gentlemen, scientific men, artists, travellers, &c., coming into the Colony for the purposes of sport, science, art, travel, &c.

The Act, of course, specifically exempts from its provisions Asiatics duly accredited to the Colony under the authority of His Majesty's or any foreign Government.

On arrival within our territorial waters, all Asiatics are liable to detention, on the ship, or in some building provided for the purpose, in order that their “qualifica- tions" may be tested.

If it is found that an Asiatic is prohibited, he is sent back to the port whence he came. He is not punished; he is merely sent back, his passage being paid, and £3 given to him for starting him in the country of embarkation.

The Act does not apply the prohibition to Asiatics en route to other British Colonies in South Africa, but they have to comply with certain restrictions; and they must not be "prohibited" in the Colony of their destination.

(b) Asiatics are not, having immigrated in accordance with law, subject to any very great disabilities. Our Naturalization Law does not treat them with any severity.

(c) Japanese subjects are in exactly the same plight as other Asiatics. They being, however, more Anglicized than many other Asiatics, they, and the better class Indians, are much more likely to be able to come in than, e.g., Chinese.

14894

MORGAN O. EVANS.

10002

10

No. 15.