CO129-152 - Lieut Governor Whitfield - 1871 [9-10] — Page 46

6.

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45

in Rule VIII

addin

of Schedule B, and ly

to Rule II the words and

whether such Pasengers

them

are

or

any of

under Contracts of Service ." In other res peats the Ordinance stands as it was when submitted

as Her

so soon as

to the Secretary of State, and will come into force Majesty's confirmation of it shall have been received by the Governor, and proclaimed in the Hongkong Gazette...

(signed) Julian Pouncefote,

A G 19th September, 1871.

(Free Copy)

Colonial Secretary.

a

No. 33 of April 2nd, 1870. Ne. 2 of July 7th, 1870.

Bea Despatch of His Grace the Jake of Buckingham & Chandos,

E. Sir Rutherford Alcock.

Hr. Consu! 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 Her Majesty's Government for several years; and 3. 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.

Na 53 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 II 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 n 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.