CO129-162 - Sir Kennedy - 1873 [1-3] — Page 223

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

219

for consideration

with reference

to the second point, on

andum and

first

reading the Attorney General's memo;

comparing it with the Chinese Passengers Act and the Hongkong Ordinance 407 1870 I was

at a loss to conceive what he

meant

The E. Crs. suggest an explanation of his meaning and they submit that his interpretation of the law is erroneous

I would point out that sec XIII of the draft Hong Kong Ordinance in 2003 (which is under reference to the For: Off:) confers upon

the Governor

powers

similar

to what the Att. Gen. contends

under the abovementioned Act

The E. Crs. submit that sec XVII

of the draft

ordinance was ultra vires in so far as it extended to foreign vessels This point has been referred to the FO with the concurrence of Mal Lord Kimberley we view with much reluctance the exclusion of foreign vessels from the operation of sec XIII.

122/3

It would be idle to follow Mr

Heugh

MINUTE PAPER.

through that part of his argument in which he renews his old proposal to prohibit Chinese Emigration altogether. If we thought it right to try to prevent Chinese from emigrating we could not do it. they

are determined to emigrate if they

can and if they

cannot be properly cared for they

will

go to other places under bad conditions

Polynesia,

What we have

to do is to help

them to emigrate under favourable conditions.

the question then is how to prevent abuses

in

emigration which we desire to encourage. As far as British vessels and British Colonies are concerned

we can prevent ships leaving in contravention to such rules as

we like to lay down, by local ordinances. But Mr Secley's letter & Mr Laurence's opinion seem to indicate that this is not enough, and that we must follow British subjects to places in China

and elsewhere (perhaps

Peru) and it looks as

if

an

Imperial Act

is necessary for this purpose.

It is to be regretted that the kidnapping Act 1872

was not made wide enough to cover

kidnapping

in any part of the world. HM's Govt should consider this

point

Page 7

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219 for consideration with reference to the second point, on andum and first reading the Attorney General's memo; comparing it with the Chinese Passengers Act and the Hongkong Ordinance 407 1870 I was at a loss to conceive what he meant The E. Crs. suggest an explanation of his meaning and they submit that his interpretation of the law is erroneous I would point out that sec XIII of the draft Hong Kong Ordinance in 2003 (which is under reference to the For: Off:) confers upon the Governor powers similar to what the Att. Gen. contends under the abovementioned Act The E. Crs. submit that sec XVII of the draft ordinance was ultra vires in so far as it extended to foreign vessels This point has been referred to the FO with the concurrence of Mal Lord Kimberley we view with much reluctance the exclusion of foreign vessels from the operation of sec XIII. 122/3 It would be idle to follow Mr Heugh MINUTE PAPER. through that part of his argument in which he renews his old proposal to prohibit Chinese Emigration altogether. If we thought it right to try to prevent Chinese from emigrating we could not do it. they are determined to emigrate if they can and if they cannot be properly cared for they will go to other places under bad conditions Polynesia, What we have to do is to help them to emigrate under favourable conditions. the question then is how to prevent abuses in emigration which we desire to encourage. As far as British vessels and British Colonies are concerned we can prevent ships leaving in contravention to such rules as we like to lay down, by local ordinances. But Mr Secley's letter & Mr Laurence's opinion seem to indicate that this is not enough, and that we must follow British subjects to places in China and elsewhere (perhaps Peru) and it looks as if an Imperial Act is necessary for this purpose. It is to be regretted that the kidnapping Act 1872 was not made wide enough to cover kidnapping in any part of the world. HM's Govt should consider this point Page 7
Baseline (Original)
219 for consideration with reference to the second point, on andum and first reading the attorney general's memo; comparing it with the Chinese Passengers act and the Houghong andinance 407 1870 I was toss to conceive what he wy a Viccant C the E. Crs. suggest explanation of his meaning and they submich that his interpretation of the law is erroneous Iwd paint ous that sec XIII of the draft Hory, hory ordinance in 2003 (which is under reference to the For: Off: ) confers upon the Gover to what the att. Gen. contender then sunilar my powers Elm. subunit crrome and oxdriancer -neously, he has under the abovementioned act : mitted thral sec XVII The E. Cry, sub: the draft orderiance was ultion vices in so far as it extended to forcegin vefeels This point has been referred to the 70 with the secrontion Mal Lord Kimberley we view with me: : luctance the exclusion & poreign repel from the operation of sec XM. 122/3 It would be idle to follon husmale Heugh MINUTE PAPER. Herough that pack of his argument in which he renews his old proposal to prohibit Chemere Emigration altogether. If we thought it right to try to prevent Chinese from enigrating we could ast do it. they L or determined brmigate theat if they fo cannot be proper & carried they the best homila todo, conditions Polynesia, will unda What we haver is brudensons to help them to rumgrate under favourable condition. the question then is how to prevent abuses ln' an which we desire to encourage. sumgration which As far as Britisk retgists and Pritids Colour we can prevent ships laneing contravention to such rules a are concerned arriemy we like to lay down, by local ordinances. But Mer Sucales letter & Mer launcefités opinion seem to indicate that this is unt enough, and that we must follow British subjecti to places in Clusia for is Denter, (perhaps if Peru) and it looks as perial act arc-le Ac Pag necessary for this purpose. कह It is to br regretted that the kidnapping til 1872 was not mad wide ruuugh to cover kidnapping any part of the world. Itinct un Holland should consider this hoint 7
2026-05-21 01:06:21 · Baseline
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219

for consideration

with reference

to the second point, on

andum and

first

reading the attorney general's memo;

comparing it with the Chinese Passengers act and the Houghong andinance 407 1870 I was

toss to conceive what he

wy a

Viccant

C

the E. Crs. suggest explanation of his meaning and they submich that his interpretation of the law is erroneous

Iwd paint ous that sec XIII of the draft Hory, hory ordinance in 2003 (which is under reference to the For: Off: ) confers upon

the Gover

to what the att. Gen. contender

then

sunilar

my

powers

Elm. subunit crrome

and oxdriancer

-neously, he has

under the abovementioned act

: mitted thral sec XVII

The E. Cry, sub:

the draft

orderiance was ultion vices in so far as it extended to forcegin vefeels This point has been referred to the 70 with the secrontion Mal Lord Kimberley we view with me:

: luctance the exclusion & poreign repel from the operation of sec XM.

122/3

It would be idle to follon husmale

Heugh

MINUTE PAPER.

Herough that pack of his argument in which he renews his old proposal to prohibit Chemere Emigration altogether. If we thought it right to try to prevent Chinese from enigrating we could ast do it. they

L

or determined brmigate theat if they

fo cannot be proper & carried they

the best homila

todo,

conditions

Polynesia,

will

unda

What we haver

is brudensons to help

them to rumgrate under favourable condition.

the question then is how to prevent abuses

ln' an

which we desire to encourage. sumgration which

As far as Britisk retgists and Pritids Colour we can prevent ships laneing contravention to such rules a

are concerned

arriemy

we like to lay down, by local ordinances. But Mer Sucales letter & Mer launcefités opinion seem to indicate that this is unt enough, and that we must follow British subjecti to places in Clusia

for

is

Denter, (perhaps

if

Peru) and it looks as

perial act

arc-le

Ac

Pag

necessary for this purpose.

कह

It is to br regretted that the kidnapping til 1872

was not mad wide ruuugh to cover

kidnapping

any part of the world. Itinct un Holland should consider this

hoint

7

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