CO129-159 - Sir Kennedy - 1872 [9-12] — Page 358

"secured by providing for the departure from Hong Kong of Chinese subjects other than British and in any Emigrants

to any place and within the Dominions of the Queen" the restriction as to British subjects was afterwards withdrawn.

The Treasury, 1870. The Court of Hong Kong approved of the Ordinance he proposed to carry and the above decision was mentioned in Mr. Walsh's report upon it, it was observed that in the absence of any special instructions to the contrary the Governor

will no doubt not allow Emigration,

Even though not under control of coercion,

to any Foreign Country".

With reference to Emigration to the United States, Mr. Walsh stated that as it appeared "from the copy of the American Contract that by the Law of the United States contracts assuming any disposition whatever over the personal service of immigrants or labour of Chinese are absolutely void, the chief objection to this kind of Emigration disappears. I would submit therefore that there appears no sufficient ground for going beyond what the Chinese Passengers Act of 1885 requires". The report containing these passages was sent to the Governor for his information and guidance.

In March 1870, the proposed Ordinance was passed. It prohibited Emigrants in any ship sailing from Hong Kong without a licence from the Governor, but it contained a section (XI.) not in the draft, giving the Government power to exempt certain ships or other vessels "provided that the Chinese Passengers proceeding in such vessels be under no contract of service".

This Ordinance was communicated to the Foreign Office with a request to be informed whether in Lord Clarendon's opinion the acting Governor should be instructed to withhold his licence from any ship intended to convey Chinese from that Colony to the United States. Lord Clarendon answered that the rule, which has been laid down prohibiting the Emigration of Chinese coolies from Hong Kong to places not within the British Dominions should be strictly adhered to.

In forwarding this letter to the Governor on 30 May 1870, Lord Granville added, "I concur in that opinion - Whatever doubts may previously have been entertained as to the attitude of the Government in the matter".

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