CO885-9 — Page 8

PUBLIC RECORD OFFICE

Reference :-

C.O. 885/

9

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

Chinese convicted

6

7. Any Chinese convicted in any Australasian colony of any offence against the Go to be provisions of any Act for the restriction of Chinese immigration in force in such removed or colony by entering such colony by land from South Australia without lawful authority, and who shall be directed by any warrant or order under any such Act to be removed or deported to South Australia, shall be liable to be so removed or deported, and the warrant or order for such removal or deportation shall be valid and effectual for all the purposes of such Act in this province.

deported.

8. All penalties and all moneys ordered to be paid or being the proceeds of and payments sale made under the authority of this Act shall be paid into the General Revenue.

Appropriation of penalties

under Lot.

Evidence of person being

■Chinese.

Provision AMİRİ STAČ- ing Act by transhipping Chiness into other vessels.

Power to

lations.

any

9. For the purposes of all proceedings under this Act, the Special Magistrate or Justices may decide, upon his or their own view and judgment, whether any person produced before him or them is a Chinese within the meaning, of this Act.

10. Any vessel on board which Chinese shall be transhipped from another vessel and be brought to any port or place in this province shall be deemed to be a vessel bringing Chinese into the said province from parts beyond the said province, and shall be subject to the provisions of this Act.

11. The Governor, with the advice of the Executive Council, may make regu- make regulations for carrying out the provisions of this Act. A copy of such regulations shall, within fourteen days, be laid before both Houses of Parliament, if Parliament be then in Session, and if not then in Session, within fourteen days after the commence- ment of the next Session; and if disapproval of such regulations is not expressed by resolution of both Houses within fourteen days thereafter, they shall have the force of law.

Penalties, how

recovered.

12. All penalties and sums of money recoverable under this Act shall be recovered in a summary way at the suit of some officer of Customs or other officer authorised by the Treasurer, before any Special Magistrate or two or more Justices of the Peace, in accordance with the provisions of the Acts regulating proceedings on summary conviction. And it shall be lawful for the Treasurer, by writing under his hand, to authorise any officer to detain any vessel, the master whereof shall, in the opinion of the said Treasurer, have committed an offence, or be a defaulter under this Act. Such detention may be either at the port or place where such vessel is found, or at any port or place to which the said Treasurer may order such vessel to be brought. For the purposes of such detention the officer so authorised shall be entitled to obtain in the customary manner such writ of assistance or other aid and assistance in and about the detention of or other lawful dealing with such vessel as are by law provided under the Act or Acts regulating Customs with reference to seizure of vessels or goods. But such detention shall be for safe custody only, and shall cease and be discontinued if a bond with two sufficient sureties be given by such master for the payment of the amount of such penalty and other sums as may be adjudged to be paid under the provisions of this Act: Provided that if default be made in payment of any such penalty incurred by such master in terms of any conviction adjudging the payment thereof, it shall be lawful for such officer to seize such vessel, and for him and any other officer or person duly authorised or empowered in that behalf to take all such proceedings for the purpose of procuring the con- demnation and sale of such vessel as are provided by law in case of condemnation or forfeiture of a vessel for a breach of the Customs laws of the said province: Provided that the proceeds of sale of any such vessel shall be paid into the Consolidated Revenue, and after payment of the amount of such penalty and of all costs incurred in and about such sale and the proceedings leading thereto, the balance shall be placed by the Treasurer to a trust account, and be held in trust for the owners of or other persons lawfully entitled to the vessel so condemned and sold.

13. There shall be an appeal from any decision by any special magistrate or justices under this Act, or from any order dismissing any information or complaint, which appeal shall be to the Local Court of Full Jurisdiction. nearest to the place where such decision or order was made, or, in the option of the appellant, to the Local Court of Adelaide of Full Jurisdiction, and the proceedings on such appeal shall be conducted in manner provided for appeals to the Local Courts by the Acts regulating appeals in summary proceedings, and the Local Court hearing such appeal may make such order as to the payment of the costs of appeal as it shall think fit, although such costs may exceed Ten Pounds.

14.

7

"The Chinese Immigration Act, 1881," is hereby repealed; but every Repeal. Chinese being the holder of an exemption certificate granted under the authority of the said Act shall, during the time specified in such certificate, be exempt from all provisions of this Act.

now in the

15. Every Chinese within the province at the date when this Act comes into Exemption operation may, at any time thereafter, apply to the Treasurer, or any officer appointed of Chinese by him, or to any Special Magistrate, for a certificate of exemption from the provisions colony. of this Act, and thereupon the person to whom the application shall be made shall deliver to the Chinese making such application a certificate, signed by such person, specifying the name of the Chinese to whom the same is granted, and such particulars necessary for the identification 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.

16. No poll-tax shall hereafter be taken or demanded from or in respect of any Abolition Chinese.

of poll-tax.

17. This Act may be cited for all purposes as the "Chinese Immigration Short title. Restriction Act, 1888."

Act.

18. This Act shall cease to be in operation on the first day of January, one Expiry of thousand eight hundred and ninety, unless the Governor, by proclamation published in the Government Gazette, shall have previously declared that the colonies of Victoria, New South Wales, and Queensland shall have passed Acts containing substantially the same provisions as are herein contained.

In the name and on behalf of Her Majesty, I hereby assent to this Bill.

Enclosure No. 4.

WILLIAM C. F. ROBINSON,

Governor.

Anno Quinquagesimo Tertio et Quinquagesimo Quarto.

VICTORLE REGINÆ.

A.D. 1890.

No. 494.

An Act to further amend the "Chinese Immigration Restriction Act, 1888,”

[Assented to, December 23rd, 1890.]

Whereas it is desirable to further amend the "Chinese Immigration Restriction Preamble, Act, 1888"-Be it therefore enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

Immigration

Aut, 1286," to

foros until áras

thound sight

1. The "Chinese Immigration Restriction Act, 1888," shall continue in force The Chie until the first day of January, one thousand eight hundred and ninety-two; but if iction the Governor, by Proclamation published in the Government Gazette, shall have contine in previously declared that the Colonies of Victoria, New South Wales, and Queensland an have passed Acts containing substantially the same provisions as are contained in hundred and the said "Chinese Immigration Restriction Act, 1888," then the said Act shall ninety two. continue in full force and effect until altered or repealed.

2. This Act shall be incorporated and read as one with the "Chinese Immi- Incorpora- gration Restriction Act, 1888," except as far as inconsistent therewith,

In the name and on behalf of Her Majesty, I hereby assent to this Bill.

KINTORE,

Governor.

tion.

+