CO129-162 - Sir Kennedy - 1873 [1-3] — Page 220

fact

that there were 12 ships in the harbour under the Peruvian flag

destination

for Peru - among

or having

them mere

1 French - 2 German and 1 British ship. It does not appear that there were intended to carry Emigrants, but the remaining 8 were under the Peruvian Flag, for that service, & were only waiting in

ants were ready for

Hongkong

till

Emigrants

were

then at Macao. By a report from Superintendent of Immigration,

intended

the

at Macao it

appears that the number of Emigrants shipped from that Port in 1872

was

To Savannah.. 6,613

Peru.

an increase at

14,242

20,853".

compared with 1871 of 5,022. The Governor of Macao has directed that in future a stipulation

"for a back passage shall be inserted in all contracts made with Chinese at Macao. Sir A. Kennedy justly observes that though

of the good faith of the Governor he does not see how this stipulation is to be enforced. I observe however that in the return annexed to the report of the Superintendent of Immigration the number of returned Emigrants in 1872 is given as 7,363 - It is not stated from what places they

came.

1:29. reports that the

had

laid before the Council Lord Kimberley's despatch

D

20 Mar 1872, † announced his intention introducing an Ordinance to carry out the

instructions it contains.

M: 33. Encloses the

copy

of

216

despatch of Mr.

Brief Justice, Secretary and other documents on the subject of the mode of dealing with ships in Hongkong

waters intended to carry Emigrants

from Macao or

elsewhere -

ds on

the

assumption

The Chief Justice proceeds

-- which is denied by the Colonial Attorney General

and

by the

Law officers in this country - that

and

by the

the Emigration from Macao is a slave Trade and consequently

that ships fitting for it could be seized under the Slave Trade Act, 5 Geo 18, cap 115. As a judgment given by the Chief Justice on this view of the Law is now under appeal to the Judicial Committee, and as the highest legal opinion in this country is against him it is clear that the Governor would not have been justified in acting on the Chief Justice's views. Assuming that he will not do so, the Chief Justice suggests that a Law should be passed declaring

Coolie

Trade a

felony

in all its

phases, felony". and that the provisions of

Act 1877 the kidnapping Act

72 of the Slave Trade Act and of an American Coolie Trade Act should be adopted for its prohibition. As however it is not intended to prohibit Emigration from China to British Colonies by Parliament declaring the

Slave Trade could

Emigration

but only to forbid assistance

to

a

Maritime Emigration.

affect not