No Power is apparently conferred to modify or affect in any way the Body of the Act which contains all the machinery for enforcing the observance of whatever Regulations may be in force for the time being, whether they be the original Regulations of Schedule 4 of the Act, or Regulations substituted by the Colonial Legislature.
Consequently, the Master of a Chinese Passenger Ship proceeding upon a Voyage of less than Thirty days duration under this Ordinance, will still be com- pelled to enter into the Bond of £1,000 prescribed by Section ry of the "Chinese Passengers Act, 1855." As, however, the main object of the Ordinance is to enable British Ship-owners to make Charters for the conveyance of Chinese Laborers, who although under no Contracts of Service, are mostly persons belonging to the very poor and ignorant classes, it is indispensable that some guarantee should still be exacted for the due observance of the new Regulations, though, had it been possible to reduce the amount of such guarantee, it would perhaps have been desirable to do so.
It is upon the above view of the Powers of the Colonial Legislature, that the "Chinese Passenger Ordinance, 1871" has been framed.
The Preamble explains the object of the Measure.
Section 11 adopts the Interpretation of terms contained in the Imperial Act as far as necessary for the purposes of the Ordinance.
Section III strictly defines the application of the Ordinance as regards British and Foreign Ships, and contains a Proviso inserted for the purpose of obviating any doubts which might arise in the minds of Ship- masters as to whether the exception in the Imperial Act of Voyages not exceeding Seven days duration remains in force.
Section IV defines by reference to a Schedule, the Voyages to which the Ordinance applies. Other Ports may be added to the List by a Procla mation of the Governor of Hongkong declaratory of the Duration of Voyages under Section II of the Imperial Act.
Section v substitutes the Regulations contained in Schedule B of the Ordinance for those of Schedule A of the Imperial Act and for other Provi- sions contained in Local Ordinances and Proclamations.
Section VI is explanatory as to the continuance of the Provisions of the Imperial Act, except as modified by the substitution of the New Regulations for Voyages not exceeding Thirty days.
Section VII contains the usual Suspending Clause.
Schedule A defines the Voyages to which the Ordinance applies. It has been prepared with reference to the rate of speed of Steamers, and to the conditions of the Monsoon as regards Sailing Vessels, and the List of Ports which it includes shows how important this measure is likely to prove to the Shipping interest.
Schedule B contains the New Regulations, which have been framed after much consideration and consultation with all those who were most likely, from their local experience and other qualifications, to give useful advice and assistance in carrying out the wishes of the Secretary of State. I will presently offer some explanatory remarks upon these Regulations, in which it will be seen that all the suggestions of Sir T. MURDOCH have been adopted.
Schedule C contains a Form of Certificate to be issued by the Emigra- tion Officer adapted to the Provisions of the Ordinance. As to the Power of the Hongkong Legislature to vary the Form of the Certificate, see Section Iv of the Imperial Act.
The Regulations of Schedule B.
Article 1 commences by providing that the Master shall be furnished with a Copy of the Ordinance. In other respects this and the two following Articles are framed upon Rules 2 and 3 of Schedule A of the Imperial Act, with a few additions. Article 4 deals with the accommodation of Passengers. As to space, 9 superficial and 54 cubical feet between Decks, and 4 superficial feet on Deck, are allowed, as in the Straits "Passengers Act," for each Adult. The height prescribed between Decks is 6 feet, which is a foot more than allowed in the Straits "Passengers' Act.” Other useful Provisions are inserted in this Article. Article 5 relates to Deck Passengers. It will be observed that the Permission to carry Deck Passengers at all is discretionary, and that the conditions upon which the Fermission is to be granted are subject to revision by the Secretary of State. There can be no doubt however that in fine weather the Deck Passengers are much better off than the others, and the Rules laid down in
3 of April 2nd, 1870.
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this Article will prevent exposure to wet and to the sun, as well as over- crowding.
Article 6 deals with the question of Provisions. The Scale adopted was recom mended by Mr. Consul PEDDER. It will be seen that all the suggestions contained in Earl GRANVILLE'S Despatch and Enclosures in relation to this subject have been carried out.
Article 7 relates generally to the contents of the Emigration Officer's Certificate, and provides among other things for a sufficient supply of suitable Medicines. As the Doctor is dispensed with, the Scale of Medicines will probably be very simple, and will be left to the discretion of the Emigration Officer assisted by the Medical Adviser to be employed under Article 9.
Article 8 relates to the mustering and examination of Passengers. It is framed on Section VI of Schedule 4 of the Imperial Act and provides a check against any malpractices, in the shipment of Coolies. Contracts of Service, if will be examined and if unfair the passenger may be landed, as under the Imperial Act.
any,
Articles 9 and 10 empower the Emigration Officer to employ a Marine Surveyor and a Medical Man without whose assistance he could not possibly fulfil the Duties which will devolve upon him; and also to fix a Scale of Fees for their Remuneration subject to the approval of the Secretary of State.
The Fees of Professional Persons vary so much in different places that it would be hopeless to attempt to fix a general Scale which would secure efficient assistance to the Emigration Officer.
Article 11 regulates the Fees of the Emigration Officer. These Fees are also
subject to revision by the Secretary of State.
Articles 12 and 13 give Power to detain the Ship for non-Payment of Fees or for Fraud in the Particulars delivered. A similar Provision was inserted in Ordinance No. 4 of 1870, Section IX.
Article 14 corresponds to Rule 5 of Schedule A of the Imperial Act.
Article 15 is intended as a further check against any Deception or Misconduct. On arrival at the Port of Destination and at any Port of Call, the British Authorities on the spot can inspect the Vessel and her Papers and report to the Emigration Officer at the Port of Departure any suspicious circum- stances which may have come to their notice. Calcutta is one of the Ports of Destination under this Ordinance, and the Term "Emigration Officer" in the "Chinese Passengers Act, 1855" only applies to Officers appointed by the Governor of a British Colony, and "Colony" does not include the Govern- ment of India. Hence the use of the words "Officer appointed by the local Government" in this Articlo.
Article 16.-It was thought desirable to introduce this Provision in the Regula- tions, but I doubt whether it comes within the Terms of the Power delegated by the Imperial Parliament, namely, "to make Regulations respecting Chinese Passenger Ships" especially as the Imperial Act itself defines who shall be deemed to be Emigration Officers. Should this Article be considered “ultra vires" it will of course be indispensable to the working of the Ordinance when approved of by the Secretary of State, that British Consuls or other Persons at the Ports in China be appointed Emigration Officers at the same time that the Royal Confirmation of the Ordinance is communicated to this Government.
I may mention in conclusion that the Draft of this Ordinance has been published in the Hongkong Gazette for some time, and so far as can be ascertained, its Provisions meet with the approval of British Ship-owners and of those who advocate their interests in China.
It is hoped, therefore, that Earl GRANVILLE'S injunction that the Ordinance should be framed "so as to secure adequately the interests of the Passengers no less than the Ship-owners'" will be considered to have been carried out.
JULIAN PAUNCEFOTE,
Attorney General.
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