CO129-143 - Sir MacDonnell - 1870 [1-2] — Page 410

Hong Kong 5th October, 1868.

(Received 6th October)

U. S. Consul

Isaae I. Alten

مل

Colonial Secretary Hon: I. G. Austin.

Emigration to California, Law of U. S. of America

as to observ ance

of Contracts

for personal Service or

of Emigrants re

labou

Enclosure 2 in Governor die Richard Graves Macdonnell's

despatch N. 870 of 16th Fibmary.

1840.

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An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to make further Regulations respecting Chinese Passenger Ships.

of a The

1870.] HEREAS by Section II of "The Chinese Passengers Act, 1855," it is enacted that it shall be lawful for the Legisla- ture of Hongkong, by any Ordinance to be by them enacted for that Purpose to make Regulations respecting Chinese Passenger Ships subject to the Proviso therein contained as to Her Majesty's Confirmation of the same; Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-

Title.

408

Premie.

I. This Ordinance may be cited for all Purposes as "The Short Title, Hongkong Einigration Ordinance, 1870."

II. In the Interpretation of this Ordinance, the Expression Interpretation "Chinese Passenger Ship shall have the same Meaning as that of "Chinese prescribed by Section III of "The Hongkong Emigration Ordinance, Passenger 1868."

Ship." III. From and after the Passing of this Ordinance, no Chinese No Chinese Passenger Ship shall clear out or proceed to Sea, and the Enigra- Passenger tion Officer shall not grant the Certificate prescribed by Section IV Ship to proceed of the Chinese Passengers Act, 1855," unless the Owners or a License from Charterers of such Ship or their Agents shall have previously the Governor. obtained a License uniler the Hand of the Governor and the Public Seal of the Colony in Manner hereinafter provided.

to Sea without

IV. The Owners or Charterers of every Chinese Passenger Ship, Time and Mode or if absent from the Colony their respective Agents, shall, before of Application such Ship is laid on for the Conveyance of Chinese Emigrants and for License. before any Depôt is opened for their Reception, apply in Writing to the Colonial Secretary for a license under the Hand of the Governor and the Public Seal of the Colony for the Conveyance of such Einigrants and shall furnish all Particulars as to the Destina- tion of the said Ship and as to all other Matters relating to the intended Voyage and Emigration which may be required of them.

Particulars.

V. All such Particulars shall, if so ordered, be verified upon Punishment Oath before the Emigration Officer or any Justice of the Peace, for furnishing and every Person who shall knowingly furnish untrue Particulars trae shall be liable to Imprisonment with or without Hard Labor, for any Period not exceeding Six Calendar Mouths, and to a Fine not exceeding One hundred Dollars, either in Addition to or in Substitution of such Imprisonment.

VI. The Granting of every such License shall be in the Discre- Conditions of tion of the Governor in Conueil and shall be subject to the License and Payment of a Fee of One hundred Dollars and to such Conditions amount of Fee. as may from Time to Time be prescribed under Instructions from

Her Majesty's Principal Secretary of State for the Colonies.

VII. Every License granted under this Ordinance in respect License to of any Chinese Passenger Ship shall specify the Period within specify Time which such Ship shall clear out and proceed to Sea: Provided Departure; always that it shall be lawful for the Governor in Commeil from extension Time to Time to extend such Period.

Proviso for

thereof,

VIII. In Case it shall be shown to the Satisfaction of the Power to Governor in Council at auy Time before the Departure of a Chinese remove Master Passenger Ship that the Master, Mate or any other Officer of such or other Ship is unfit for the proper Discharge of his Duties by reason officer. Incompetency or Misconduct, or for any other sufficient Cause, it shall be lawful for the Governor by Order under his Hand to dis- charge and remove such Master, Mate, or other Officer from the said Ship, and thereupon the Owners or Charterers thereof, or their Agents, shall forthwith appoint a Master or Mate, or other Officer as the Case may be, to be approved by the Emigration Officer in the Place of the One so discharged, and removed as aforesaid.

IX. In any of the following Cases, namely:

Power to

1st. If it shall appear to the Satisfaction of the Governor revoke and in Council at any Time before the Departure of a Chinese cancel License Passenger Ship that the Particulars furnished in relation thereto under Section IV are untrue, or that any Condition of

the said License has been violated;

nd. If any Chinese Passenger Ship shall fail to clear out and proceed to Sea, within the Period specified in the License granted under this Ordinance, or within such extended Period is aforesaid;

3rd. If the Owners or Charterers of a Chinese Passenger Ship shall fail forthwith to appoint a Master, Mate or other Officer to be approved as aforesaid, in the Place of any Master, Mate or other Officer discharged under Section VII;

It shall be lawful for the Governor in Council to revoke the License granted under this Ordinance in respect of such Chinese Passenger Ship, and to order that the said Ship be seized and detained until the said License and the Certificate of the Emigration Officer,

(if already granted) be delivered up to be cancelled."

X. This Ordinance shall not come into Operation until Her Suspending Majesty's Confirmation thereof shall have been proclaimed in the Clause. Colony by the Governor.

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