CO129-054 - Sir Bowring - 1856 [1-2] — Page 125

No, 12.

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GOVERNMENT NOTIFICATION.

It having been notified in the London Gazette of August 17th, 1855, that "the Chinese Passengers' Act 1855 has received the Royal Assent, His Excellency The Governor is pleased to direct the publication of the same for general information.

This Act will therefore be enforced from this date, and the Emigration Officer has been instructed accordingly.

By Order,

W. T. MERCER,

Colonial Secretary.

Colonial Secretary's Office, Victoria, Hongkong, 25th January, 1856.

ANNO DECIMO OCTAVO & DECIMO NONO VICTORIÆ REGINÆ.

CAP. CIV.

An Act for the Regulation of Chinese Passenger Ships.

[14th August, 1855.]

Whereas Abuses have occurred in conveying Emigrants from Ports in the Chinese Seas: And whereas it is expe dient to prevent such Abuses: Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

Definition of certain

I. In the Construction of this Act, the Term "Chinese Passenger Ship" shall include every Ship carrying from any Port in Hong Kong, and every British Ship carrying from any Port in China or within One hundred Miles of Terms herein men the Coast thereof, more than Twenty Passengers, being Natives of Asia; the Word "Colony" shall include all Her tioned. Majesty's Possessions abroad not being under the Government of the East India Company; the Word "Governor" shall signify the Person for the Time being lawfully administering the Government of such Colony; the Term "Legistature of Hong Kong" shall signify the Governor and Legislative Council or other Legislative Authority of the same for the Time being; the WordShip" shall include all Sea-going Vessels, the Terms Commander" and "Master" of any Ship shall include any Person for the Time being in command or charge of the same; the Term Emigration Officer" shall include every Person lawfully acting as Emigration Officer, Immigration Agent or Protector of Emigrants, and every Person authorized by the Governor of any British Colony to carry out the Provisions of this Act; and the Term "British Consul" shall include every Person lawfully exercising Consular Authority on behalf of Her Majesty in any Foreign Port

II. It shall be lawful for the Legislature of Hong Kong, by any Ordinance to be by them enacted for that Pur-, Legislature of Hong- pose, to make Regulations respecting Chinese Passenger Ships, and, in the Case of British Ships, respecting the kong to make Regula- Treatment of the Passengers therein while at Sea; and until such Enactment, the Regulations contained in Schedule tions respecting Pas- (4.) to this Act annexed shall be in force Provided always, that no such Ordinance shall.come into operation until senger Ships, &c. Her Majesty's Confirmation of the same shall have been proclaimed in Hong Kong by the Governor thereof.

II It shall be lawful for the Governor of Hong Kong to declare, by Proclamation, for the Purposes of this Act Governor of Hong. and of the said Regulations, what shall be deemed to be the Duration of the Voyage of any Chinese Passenger Ship, kong to declare Length and by snch Proclamation to alter the Scales of Dietary, Medicines, and Medical Comforts contained in the aforesaid

of Voyages. Schedule (4)

No Chinese Pas-

out on

IV. No Chinese Passenger Ship shall clear out or proceed to Sea on any Voyage of more than Seven Days' Duration until the Master thereof shall have received from an Emigration Officer a Copy of the aforesaid Regulations, senger Ship to clear and a Certificate in the Form contained in Schedule B. to this Act annexed, or in such other Form as may be pre-

Voyage of more than Seven scribed by the said Legislature, which Copy and Certificate, with any Documents to be attached thereto (hereinafter Days without Emigra- designated as Emigration Papers,) shall be signed by the said Emigration Officer, nor until the Master shall, with tion Officer's Certifi- Two sufficient Sureties, to be approved by the said Emigration Officer, have entered into a joint and several Bond in cate and Copy of Regu- the Sum of One thousand Pounds to Her Majesty, Her Heirs and Successors, in the Form contained in Schedule C. lations, nor until Bond to this Act annexed, or in such other Form as shall be prescribed by the said Legislature.

be given to Crow V. The said penal Sum of One thousand Pounds shall be due and recoverable notwithstanding any Penalty or Penalty of Bond, Forfeiture imposed by this Act or by the aforesaid Regulations, and whether such Penalties or Forfeitures shall have when recoverable, been sued for and recovered or not..

VI. It shall be lawful for the Commander of any of Her Majesty's Ships of War, or for any Emigration Officer,

Commander of Ships Custom House Officer, or British Consul, to enter and search any Chinese Passenger Ship (being a British Vessel of War, &c., may or within British Jurisdiction) so long as such Ship shall have any Passengers on board, and for Forty-eight Hours Search Ships, or afterwards, and in case such Ship shall be engaged on a Voyage of more than Seven Days' Duration, to require there Production of

Papers. Production of the Emigration Papers of such Ship, and to examine all Persons on board of the same, in order to ascertain whether the Provisions of this Act and of the Regulations aforesaid have been complied with; and any Person who refuses to allow, attempts to avoid, or obstructs any such Entry, Search, or Examination, or who knowingly misleads or deceives any Person lawfully making any such Search or Examination, or who, being the Master of the Ship or having the Emigration Papers in his Custody, fails to produce the same when required as aforesaid, shall be deemed guilty of a Misdemeanor.

re-

VII. In case of any Neglect or Refusal to comply with any of the Provisions of this Act or any of the Regula- Penalty for Neglect tions aforesaid, or to perform any Stipulation in any of the Contracts made with the Passengers, the Master of the to comply with Regula. Ship, and any other Person who may have been guilty of or have aided or abetted such Neglect or Refusal, shall tions, &c. each be deemed for each Offence guilty of a Misdemeanor.

VIII. If any Chinese Passenger Ship clears out or proceeds to Sea on any Voyage exceeding Seven Days in Ship to be forfeited Duration without such Emigration Papers as aforesaid, or if the Emigration Papers of any Chinese Passenger Ship for clearing without are forged or fraudulently altered, such Ship shall, if she is a British Ship, or if, not being a British Ship, the Emigration Papers, or Offence is committed and the Ship is seized in Her Majesty's Dominions or in the Territories of the East India for Forgery of such Company, be forfeited to Her Majesty.

Papers.

IX. Every Person who commits or aids or abets in committing any Act or Default by which any Chinese Penalties in addition Passenger Ship may become liable to Forfeiture shall be liable to a Penalty not exceeding. One hundred Pounds for to Forfeiture.

each Offence.

X. It shall be lawful for any Commissioned Officer on Full Pay in the Military or Naval Service of Her Mode of enforcing Majesty, or any British Officer of Customs, or any British Consul, to seize and detain any Ship which has become Forfeiture. subject to Forfeiture as aforesaid, and bring her for Adjudication before the High Court of Admiralty in England or Ireland, or any Court having Admiralty Jurisdiction in Her Majesty's Dominions or in the Territories of the East India Company, and such Court may thereupon make such Order in the Case as it thinks fit, and may award such Portion of the Proceeds of the Sale of any forfeited Ship as it thinks right to the Officer bringing in the same for Adjudication, or to any Persons damaged by the Act or Default which has rendered the Ship liable to Forfeiture.

Officer not liable for

XI. No such Officer as aforesaid shall be responsible, either civilly or criminally, to any Person whomsoever in respect of the Seizure or Detention of any Ship that has been seized or detained by him in pursuance of the any Seizure made on

Provisions herein contained, notwithstanding that such Ship is not brought in for Adjudication, or, if so brought in, reasonable Grounds.

is declared not to be liable to Forfeiture, if it is shown to the Satisfaction of the Judge or Court before whom any

Trial relating to such Ship or such Seizure or Detention is held that there are reasonable Grounds for such Seizure

or Detention; but if no such Grounds are shown, such Judge or Court may award Payment of Costs and Damages

to any Party aggrieved, and make such other Order in the Premises as be or it thinks just.

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