CO129-149 - Lieut Governor Whitfield - 1871 [1-4] — Page 348

SCHEDULE C.

Emigration Officer's Certificate.

71

344

[A. B. &c. Emigration Officer at the Port of

do hereby Certify as follows:

1. That the Chinese Passenger Ship

Port of

, A. B., Master, of the

is within the Provisions of An Ordinance of the Legislature of Hongkong, entitled "The Chinese Passengers' Ordinance, 1871," (a Copy whereof is annexed hereto), and that the said Ship is authorized to proceed to sea from the Port of the Port of

2. That the said Ship is authorized to carry

are on Bourd

of whom

Adults, namely:

for

Adults and that there Passengers, if any ara Dech Passengers add: are Deck Passengers, making in all

Men

Women

Male Children Female Children, such Children being between the Ages of One and Twelve Years.

3. That the Space set apart and to be kept clear for the Use of such Pas-

sengers is as follows:-On the Upper Deck

being [describe Space] and in the Between Decks Feet being [describe Space].

Superficial Feet Superficial

4. That the Ship is Sea-worthy, and properly manned, equipped, fitted, and ventilated; and has not on board any Cargo likely, from its Quality, Quantity, or Mode of Stowage, to prejudice the Health or Safety of the Passengers. The means of ventilating the Passengers' Accommodation between Decks are as follows: describe Means.}

5. That suitable Medicines and Medical Stores, Provisions, Fuel and Water have been placed on board, of good Quality, properly packed and sufficient in Quantity to supply the Passengers on board during the in- tended Voyage.

6. That all the Conditions and Requirements of the said Ordinance of the

Legislature of Hongkong have been duly complied with.

7. That the aforesaid Passengers [or in Case of a Part only, state the number, are Emigrants under Contracts of Service and that I have inspected the Contracts between them and their intended Employers (the Terms of which are annexed to this Certificate) and consider them reasonable; and that no Fraud appears to have been practised in collecting such Emigrants.

8. That the Master of the Ship is to put into

and fresh Vegetables.

Dated

A. B.,

for Water

Bmigration Officer at the

Port of

the

day of ?

187.

N.B.Where none of the Passengers are Emigrants under Contracts of Service,

the following Paragraph shall be substituted for Paragraph 7.

7. That the whole of the said Passengers are free Passengers under no Contract of Service whatever."

53 of April 2nd, 1870.

ko 2 of July 7th, 1870.

ee Despatch of His Grace the ake of Buckingharn & Chaudos,

E. Sir Ratherford Alcock,

fr. Cousul Pedder.

Report of the Attorney General (Hon. Julian Pauncefote) upon "the Chinese Passenger Ordinance, 1871."

This Ordinance, which is of great importance to the interests of British Ship- owners in China, has been prepared in pursuance of Instructions from the Right Honorable Earl GRANVILLE and the Right Honorable the Earl of KIMBERLEY contained in the Despatches noted in the Margin.

It may be convenient to recapitulate briefly the causes which have led to its Enactment.

Owing to the Restrictions of the "Chinese Passengers Act, 1855," British Ship-owners in China have long been unable to compete with the Vessels of other Nations for the Chinese Passenger Traffic as distinguished from the Chinese Emigration, or Coolie Trade.

The disadvantage under which British Ship-owners labor in this respect has occupied the attention of Iler Majesty's Government for several years; and 4. 144 of 20th November, 1867. in January, 1870, the subject was pressed upon the consideration of the Foreign Office by H. M. Minister in China in a Despatch enclosing a letter from the British Consul at Amoy and also an Address from the Merchants at Swatow.

The case of the British Ship-owners may be shortly stated as follows: The only Passenger Act affecting British Ships proceeding upon any Voyages from Hongkong or any Port in China, is the "Chinese Passengers Act, 1855," which applies to all British Ships carrying more than 20 Asiatics on a Voyage of more than Seven days duration.

of April 2nd, 1870.

There can be no doubt that the "Chinese Passengers Act, 1855" was most admirably framed to effect its object, namely, that of protecting Chinese Emigrants under Contracts of Service from the privations and ill treatment, which they were often exposed to, during long Voyages to distant parts of the world. Its Provi- sions, however, are found to operate disadvantageously to British Ships as respects the general Chinese Passenger Traffic carried on in the China Seas.

The Act contains an exception as to Voyages not exceeding Seven days duration, which at the time was considered sufficient to meet the case of ordinary Passenger Traffic; but during the last 15 years, the development of British Trade in China, the vast influx of Foreigners of all Nationalities, and the more direct relations established between the Chinese and Foreign Merchants, have worked a surprising change. The coasting Trade formerly carried on by Junks is absorbed by the large number of Steamers plying in China at low freights, and Chinese of all classes now travel with the utmost confidence for the purposes of business or pleasure in British and Foreign Ships upon Voyages exceeding considerably the limit of Seven days duration.

The "Chinese Passengers Act, 1855" comprehends in its terms all Chinese Passengers, and its Provisions are no doubt more stringent and onerous than is necessary for securing the proper treatment of free Chinese laborers, shipped under no Contracts of Service whatever, and proceeding in search of labor from one Port to another in these Latitudes. It was, therefore, urged that a further Act of Parliament providing more suitable Regulations for Ships carrying this class of Chinese would be a great relief to British Ship-owners in China, and would prove a boon to the Chinese themselves from the superior advantages offered by British Ships if allowed to engage in the general Chinese Passenger Trade upon equal terms with the Ships of other countries. Her Majesty's Govern- ment, however, not having deemed it expedient, for the reasons stated in Earl GRANVILLE'S Despatch to deal with the question for the present by means of an Im- perial Act, this Government was instructed to pass an Ordinance calculated to extend such relief as might be thought reasonable under the Power conferred upon the Legislature of Hongkong by Section 11 of the "Chinese Passengers Act,

1855."

It is necessary, therefore, to consider the extent and limit of the Power, which is delegated by the Imperial Act to the Colonial Legislature to deal with this important subject.

It would seem that Section II of the "Chinese Passengers Act, 1855" only enables the Legislature of Hongkong to enact Regulations in substitution of the whole or part of the Regulations of Schedule A annexed to the Act.