221
This report had been referred to me and I have received (3300) your minutes on the subject. As far as the letter is concerned, I am of the opinion that the only thing that can be done at present is to pass this ordinance with the alterations which have been suggested by the Law Officers.
The Governor has been telegraphed to pass this measure, and I would therefore write to him to the following effect.
2933: I acknowledge despatches No. 27, 28, 29 & 33. After careful consideration of the different points raised in this correspondence, Lord Kimberley is of the opinion that the only step to be taken at present, with a view to clearing the colonists from any participation in coolie traffic, is to pass with the alterations pointed out in the telegram of the 12th instant the "Chinese Emigration Ordinance", a draft of which was enclosed in Despatch No. 18 of 22 January.
There are, however, some points in the letter of the Attorney General enclosed in Despatch No. 35 of the 12th instant which require notice.
With respect to the construction of article 159 of Her Majesty's Order in Council of the 5th March 1869 for the forfeiture of ships engaged in certain offences, Lord Kimberley is advised that the view taken by the Attorney General is correct, and that the word "offence" in that Order would not be declared to apply to the offences created by the Colonial legislature only, but must be limited to offences under the Common Law and Statute Law of England.
But with respect to the statement that a Macao coolie ship was seized and the master stopped on her voyage bound to land under the provisions contained in (Emigration Act 1855 Ordinance No. 4 / 1870), Lord Kimberley is advised that it is open to grave doubt whether such a course could be legally taken under the existing law. It would appear to be in contravention with the opinion of the Law Officers given upon a case prepared for the Emigration Commissioners in 1857, a copy of which is enclosed for the Governor's information and guidance.
That therefore Lord Kimberley has directed the omission of sec. 17 in the draft Chinese Emigration Ordinance which would authorize the seizure of any ship (British or foreign) which...
MINUTE PAPER.
3380
Subjects in China & Japan...
VIH.
Wak...
Lytend Cr H.
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This report had been referred to me and I have received (3300) your minutes on the subject. As far as the letter is concerned, I am of the opinion that the only thing that can be done at present is to pass this ordinance with the alterations which have been suggested by the Law Officers.
The Governor has been telegraphed to pass this measure, and I would therefore write to him to the following effect.
2933: I acknowledge despatches No. 27, 28, 29 & 33. After careful consideration of the different points raised in this correspondence, Lord Kimberley is of the opinion that the only step to be taken at present, with a view to clearing the colonists from any participation in coolie traffic, is to pass with the alterations pointed out in the telegram of the 12th instant the "Chinese Emigration Ordinance", a draft of which was enclosed in Despatch No. 18 of 22 January.
There are, however, some points in the letter of the Attorney General enclosed in Despatch No. 35 of the 12th instant which require notice.
With respect to the construction of article 159 of Her Majesty's Order in Council of the 5th March 1869 for the forfeiture of ships engaged in certain offences, Lord Kimberley is advised that the view taken by the Attorney General is correct, and that the word "offence" in that Order would not be declared to apply to the offences created by the Colonial legislature only, but must be limited to offences under the Common Law and Statute Law of England.
But with respect to the statement that a Macao coolie ship was seized and the master stopped on her voyage bound to land under the provisions contained in (Emigration Act 1855 Ordinance No. 4/1870), Lord Kimberley is advised that it is open to grave doubt whether such a course could be legally taken under the existing law. It would appear to be in contravention with the opinion of the Law Officers given upon a case prepared for the Emigration Commissioners in 1857, a copy of which is enclosed for the Governor's information and guidance.
That therefore Lord Kimberley has directed the omission of sec. 17 in the draft Chinese Emigration Ordinance which would authorize the seizure of any ship (British or foreign) which...
MINUTE PAPER.
3380
Subjects in China & Japan...
VIH.
Wak...
Lytend Cr H.
Page 222
221
This report had been referred to me and I have received (3300) your minutes on the subject. As far as the letter is concerned, I am of the opinion that the only thing that can be done at present is to pass this ordinance with the alterations which have been suggested by the Law Officers.
The Governor has been telegraphed to pass this measure, and I would therefore write to him to the following effect.
2933: I acknowledge despatches No. 27, 28, 29 & 33. After careful consideration of the different points raised in this correspondence, Lord Kimberley is of the opinion that the only step to be taken at present, with a view to clearing the colonists from any participation in coolie traffic, is to pass with the alterations pointed out in the telegram of the 12th instant the "Chinese Emigration Ordinance", a draft of which was enclosed in Despatch No. 18 of 22 January.
There are, however, some points in the letter of the Attorney General enclosed in Despatch No. 35 of the 12th instant which require notice.
With respect to the construction of article 159 of Her Majesty's Order in Council of the 5th March 1869 for the forfeiture of ships engaged in certain offences, Lord Kimberley is advised that the view taken by the Attorney General is correct, and that the word "offence" in that Order would not be declared to apply to the offences created by the Colonial legislature only, but must be limited to offences under the Common Law and Statute Law of England.
But with respect to the statement that a Macao coolie ship was seized and the master stopped on her voyage bound to land under the provisions contained in (Emigration Act 1855 Ordinance No. 4/1870), Lord Kimberley is advised that it is open to grave doubt whether such a course could be legally taken under the existing law. It would appear to be in contravention with the opinion of the Law Officers given upon a case prepared for the Emigration Commissioners in 1857, a copy of which is enclosed for the Governor's information and guidance.
That therefore Lord Kimberley has directed the omission of sec. 17 in the draft Chinese Emigration Ordinance which would authorize the seizure of any ship (British or foreign) which...
MINUTE PAPER.
3380
Subjects in China & Japan...
VIH.
Wak...
Lytend Cr H.
Page 222
221
This reps
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passed with the alterations which have been offend suggested by the Law Officers.
The fovernor has been durchd ( telegraph Hors to pan this measure, and I would. therefore,
write to hire to the following effect.
Ilan
2933
shan Acknowleder des pathes Nr. 27, 28, 29 & 33. t to state this after careful consideration of the
different points raised this correspondence, Lord Kunis belle in 1 fusion that to colony gft Kay
far
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only step
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the colonists from any participation in Cookie traffic, is to pass with the alterations pointed art in the telegram of the 12th winst the "Chinese Emigration Ordinans., a draft of which won Enclosed in the Despatch, No. 18 of
222 January.
That there an
then
havean, how points in the Rest of the Allorney feneral incloned in desper N. 35 of the 12" 74 ? which require notice
That with Expect to the construction article 159 of Hills Onder in Council of the
5th March 1269 for the foremnant of stalls
Steed on cifer "I can & fami twich
VIH.
•Moun 3380
Wak
MINUTE PAPER.
subjects in China & Japan, Lord I is advised that the view taken of the Attorney feneral is conect, & that the word "offence" in that onder would not
to outs decland to the offences by the Colonial legislature nly, but must be limited to Offences of annet the Common law
Lytend
1 England-
Cr
Statute Law
H.
But that with respect this statement that a Macas cookie ships were to just into it. Kang
she umed he stopped the forher.
on her
voy aye bound to landed under the paven cautaried in (kuier Papenzer Act 1855 Ferdinance Nr. 4 / 1070, Lord Kimberly is advised that it is open to grave doubt whether such a course could to by ally taken under the existing law. It would offer to I in courtant with the prior of the Law Officen ytter (rown upr a case prep and for theme of the Enigrat (Commipronen in 1857. a copy Juluck
in Enclored for the fovernors information "Huidance.
J
That there for will dreeve that Lead Khas directed the amfiion of see. 17
in the draft
Chinese Enmigration cariance which would authorize the sugun
with all the circumstances
of any ship (British or foreign !
which
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