CO129-162 - Sir Kennedy - 1873 [1-3] — Page 120

Margtong Draft of "The Chinese Emigration Ordinance 1873:

Enclosure No 1 in Governor Sri Arthur Sennedy's Dorpated M. 18 of 22 w January, 1875.

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HEREAS by "The Hongkong Emigration Ordinance, Preamble. W

1870," it is provided that no Ship shall be laid on for the Conveyance of Chinese Emigrants, unless Application shall have No. 4 of 1870, been previously made in Manner therein directed for a License under the Hand of the Governor and the Seal of the Colony; AND WHEREAS Complaints are frequently made that Chinese Emigrants embarking at Ports or Places out of the Colony are subjected to illtreatment as well or board Ship as at the Place of their Destination, and by reason thereof, it is expedient to provide that no Ship intended for the Conveyance of Chinese Emigrants to be embarked from any Port or Place out of the Colony, shall hereafter be built, equipped and fitted out within the Colony without such License as is required under "The Hongkong Emigration Ordinance, 1870," and to prohibit the Departure of any such Ship from the Colony, AND ALSO to make further Provision for the Repression of Abuses in relation to Chinese Einigration: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:--

I. This Ordinance may be cited as "The Chinese Emigration Short Title. Ordinance, 1878."

II. In the Construction of this Ordinance, if not inconsistent Interpretation. with the Context, the following Terms and Expressions shall have Clause. the Meanings hereinafter respectively assigned to them, that is to

say:-

"Building" in relation to a Ship shall include the doing "Building," any Act towards or incidental to the Construction of a Ship, and all Words having relation to building shall be construed accordingly;

Equipping" in relation to a Ship shall include the "Equipping.” furnishing a Ship with any Tackel, Apparel, Furniture, Provisions, Arms, Munitions, or Stores, or any other Thing which is used in or about a Ship for the Purpose of fitting or adapting ber for the Sea, and all Words relating to equipping shall be construed accordingly;

"Ship" shall include any Vessel or Boat;

"Ship."

Ship and Equipment" shall include a Ship and every-“ship and thing in or belonging to a Ship;

Equipment." "Master" shall include any Person having the Charge "Master." or Command of a Ship.

III. All Licenses granted under this Ordinance shall be under Licenses under the Iland of the Governor and the Seal of the Colony, and Appli- this Ordinance.

cation for the same may be made in the Manner provided in respect

of Licenses under "The Hongkong Emigration Ordinance, 1870;"

and the Granting of every such License shall be in the Discretion of the Governor in Council.

IV. If any Person within the Colony, without License from the Illegal build- Governor, does any of the following Acts, that is to say:- ing, repairing,

equipping,

(1.) Builds, älters or repairs, or agrees to build, alter or despatching,

repair, or causes to be built, altered or repaired, selling, hiring, any Ship, with Intent or Knowledge, or having so., ke reasonable cause to believe that the same shall or will be employed in the Conveyance of Chinese Emigrants to be embarked at any Port or Place out of the Colony; or (2.) Fits out, mans, navigates, equips, uses, lets or takes on Freight or Hire any Ship, or commands, or serves on board any Ship, with Intent or Knowledge, or having reasonable Cause to believe that the same shall or will be employed in Manner aforesaid; or

(3.) Despatches, or causes or allows to be despatched any Ship, with Intent or Knowledge, or having reasonable Cause to believe that the same shall or will be employed in Manner aforesaid; or

(4.) Holds or takes any Share or Interest in, or makes any Advances of Money to any Ship, with Intent or Know- ledge, or having reasonable Cause to believe that the same shall or will he employed in Manner aforesaid; or (5.) Ships, embarks, receives, detains, or confines any Person on board any Ship, with Intent or Knowledge, or having reasonable Cause to believe that the same shall or will be employed in Mauner aforesaid; or

(6.) Despatches or causes or allows to be despatched, or commands or serves on board any Ship carrying Chinese Passengers, with the Intent or Knowledge, or having reasonable Cause to believe that sach Passengers are being carried or intended to be carried to any Port or Place out of the Colony for the Purpose of being con- veyed therefrom as Emigrants in the same or any other Ship:

Such Person shall be deemed to have committed an Offence against Penalty. this Ordinance, and the following Consequences shall ensue :--

(1.) The Offender shall be liable to Imprisonment with or without Hard Labor for any Terin not exceeding Two Years, and to a Fine not exceeding Two thousand Dollars, or to either of such Punishments at the Discre- tion of the Court;

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