ORDINANCE No. 5 of 1874.
Chinese Emigration.
No emigrant under contract of service. [Ord. 12 of 1808, sec. 10.]
6. It shall not be lawful for any emigrant under contract to embark or for the master or other person on board of a Chinese passenger ship to permit any such emigrant to embark therein, unless such emigrant shall produce an embarkation permit from the Emigration Officer, who shall not grant the same unless he shall be satisfied that such emigrant has undergone on shore the medical inspection required by law to be made before embarkation. [Ibid, sec.11.]
7. The medical inspection of emigrants required to be made after their embarkation in any Chinese passenger ship shall take place at such time as the Emigration Officer shall appoint. Emigration Officer to appoint time for medical inspection after embarkation. [Ibid,sec.12.]
8. Any Chinese medical practitioner properly qualified to the satisfaction of the Colonial Surgeon shall be eligible, with approval of the Governor, for the office of surgeon of a Chinese passenger ship within the terms of schedule A of "The Chinese Passengers' Act, 1855." Chinese medical practitioner may be surgeons of Chinese passenger ships. [Ibid,sec. 14.]
VIII. All ships clearing out or proceeding to sea upon voyages of not more than thirty days' duration, shall be subject to the modified regulations contained in schedule E of this Ordinance which as regards such ships shall be substituted for those contained in schedule A of "The Chinese Passengers' Act, 1855," but nothing in this section contained shall be deemed to relieve Chinese passenger ships from the operation of the said Act, except so far as the same is by the said schedule expressly modified. Modified regulations for voyages of not more than thirty days' duration. [See Ord. 8 of 1871.]
3. The voyages specified in schedule F to this Ordinance annexed, are hereby declared to be voyages of not more than thirty days' duration, subject as regards steamers to the conditions as to their rate of speed and as regards sailing vessels to the conditions as to the periods of the year during which the voyage shall be performed, in the said schedule respectively expressed and contained. Voyages declared to be of not more than thirty days duration.
Not to affect The Chinese Passengers' Act.
3. This section shall not be construed as affecting any Chinese passenger ship which is about to proceed to sea on a voyage of not more than seven days' duration.
IX. The owners or charterers of every Chinese passenger ship which is about to convey emigrants under contracts of service shall, as soon as such ship is laid on for the conveyance of such emigrants, provide a depôt or depôts, to be approved by the Emigration Officer, wherein every intending emigrant by such ship may lodge as hereinafter provided, and every such depôt shall be maintained and every emigrant lodging therein shall be supported at the expense of such owners or charterers. Depôts for emigrants under contract of service. [Ord. 12 of 1808, sec. 4.]
2. Every intending emigrant by such Chinese passenger ship shall lodge, at the least three clear days previously to his embarkation, in the depôt provided by the owners or charterers of such ship. Emigrants to lodge in depôt three clear days before embarkation [Ibid, sec. 6.]
3. Every such depôt as aforesaid shall be under the supervision of the Emigration Officer who may inspect the same at such times as he shall think fit, and there shall be at all times free ingress and egress allowed to all persons to and from such depôts, from 6 A.M. to 6 P.M. Supervision of depôts. [Ibid, sec. 7.]
X. All Orders of Her Majesty the Queen in Council relating to the quantity of water to be carried by passenger ships having a certain description of condensing apparatus shall apply to Chinese passenger ships. Orders in Council to apply to Chinese passenger ships. [Ibid, sec. 15.]
XI. No Chinese passenger ship, unless a vessel propelled by steam, bound to any port westward of the Cape of Good Hope or to any port in Australia, New Zealand, Oceania, or Tasmania shall be permitted to clear from any port in the Colony between the months of April and September inclusive. No Chinese passenger ship to clear between April and September. [Ibid, sec. 16.]
XII. It shall be lawful for the Emigration Officer at any time when he is satisfied that any emigrant who is unwilling to leave the port has been obtained by any fraud, violence, or other improper means, to land such emigrant and procure him a passage back to his native place or that from which he was taken, and also to defray the cost of his maintenance whilst awaiting a return passage, and all such expenses with all legal costs incurred shall be recoverable by the Emigration Officer before any Police Magistrate from the Emigration passage broker of the vessel in which such emigrant was shipped or intended to be shipped. Emigration Officer may land any emigrant unwilling to leave the port [Ibid,sec. 18.]
2. Whosoever shall unlawfully either by force or fraud take away or detain against his will any man or boy with intent to put him on board a Chinese passenger ship and whosoever shall with any such intent receive, harbour, or enter into any contract for foreign service with any such man or boy knowing the same to have been by force or fraud taken and obtained as in this paragraph before mentioned, shall be guilty of felony and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding seven years and not less than three years, or to be imprisoned for any term not exceeding two years with or without hard labour. Punishment for improperly obtaining emigrants. [Ibid, sec. 19.]
295
C
of service. [Ord. 12 of 1808, sec. 10.1
No emigrant
ORDINANCE No. 5 or 1874.
Chinese Emigration.
Act, 1855" unless be shall be satisfied that such double ins- pection has been duly made, or has been dispensed with by the sanction of the Governor.
6. It shall not be lawful for any emigrant under contract to embark or of service to embark in any Chinese passenger ship, or for be received on the master or other person on board of a Chinese passenger
board without
a permit. ship to permit any such emigrant to embark therein, unless such [Ibid, sec.11.] emigrant shall produce an embarkation permit from the Emi- gration Officer, who shall not grant the same unless he shall be satisfied that such emigrant has undergone on shore the medical inspection required by law to be made before embarkation.
7. The medical inspection of emigrants required to be inade Officer to ap after their embarkation in any Chinese passenger ship shall take point time for medical ins- place at such time as the Emigration Officer shall appoint.
Emigration
pection after embarkation. [Ibid,seu.12.] Chinese medi- cal practi- tioner may be surgeons of Chinese pas- senger ships. [Ibid,sec. 14.]
Modified regulations
for voyages of not more than thirty days'
duration.
8. Any Chinese medical practitioner properly qualified to the satisfaction of the Colonial Surgeon shall be eligible, with ap- proval of the Governor, for the office of surgeon of a Chinese passenger ship within the terms of schedule A of "The Chinese Passengers' Act, 1855."
Regulations for voyages of not more than
thirty days duration.
VIII. All ships clearing out or proceeding to sea apon voyages of not more than thirty days' duration, shall be subject to the modified regulations contained in schedule E of this Ordinance which as regards such ships shall be substituted for those contained in schedule A of "The Chinese Passengers' Act, [See Ord. 8 of 1855," but nothing in this section contained shall be deemed 1871.]
to relieve Chinese passenger ships from the operation of the said Act, except so far as the sume is by the said schedule expressly modified.
Voyages de- 3. The voyages specified in schedule F to this Ordinance clared to be of annexed, are hereby declared to be voyages of not more than not more than thirty days' duration, subject as regards steamers to the con- ditions as to their rate of speed and as regards sailing vessels [Ibid, sec. 4.] to the conditions as to the periods of the year during which the voyage shall be performed, in the said schedule respectively expressed and contained.
thirly days duration.
Not to affect
3. This section shall not be construed as affecting any ships not with- Chinese passenger ship which is about to proceed to sea on a in The Chinese Pas- Voyage of not more than seven days' duration.
sengers' Act."
Depóts to be provided for the lodging
Depôts for emigrants under contract of service.
IX. The owners or charterers of every Chinese passenger ship which is about to couvey emigrants under contracts" of service shall, as soon as such ship is laid on for the conveyaure
ORDINANCE No. 5 or 1874.
Chinese Emigration.
of such emigrants, provide a depôt or depôts, to be approved of emigrants.
of by the Emigration Officer, wherein every intending emigrant (Od. 12 of
by such ship may lodge as hereinafter provided, and every such 1808, sec. 4.] depôt shall be maintained and every emigrant lodging therein shall be supported at the expense of such owners or charterers.
2. Every intending emigrant by such Chinese passenger ship Emigrants to shall lodge, at the least three clear days previously to his em- lodge in depôt barkation, in the depot provided by the owners or charterers of three clear such ship.
days before embarkation [Ibid, sec. 6.]
3. Every such depôt as aforesaid shall be under the su- Supervision of pervision of the Emigration Officer who may inspect the same at depots. such times as he shall think fit, and there shall be at all times [bid, sec. 7.} free ingress and egress allowed to all persons to and from such depôts, from 6 A., to 6 P.M.
Orders in Council relating to quantity of water.
X. All Orders of Her Majesty the Queen in Council relating Orders in to the quantity of water to be carried by passenger ships Comcil to ap- having a certain description of condensing apparatus shall ply to Chinese apply to Chinese passenger ships.
[ tid, sec. 15.]
No Chinese passenger ship unless propelled by steam to clear between April and September.
passenger ships.
XI. No Chinese passenger ship, unless a vessel propelled No Chinese by steam, bound to any port westward of the Cape of Good passenger ship Hope or to any port in Australia, New Zealand, Oceania, or to clear be Tasmania shall be permitted to clear from any port in the Colony andseptember. between the months of April and September inclusive.
Unwilling emigrants.
tween April
[Ibid, sec. 16.]
grant who is
XII. It shall be lawful for the Emigration Officer at any Emigration time when he is satisfied that any emigrant who is unwilling to Officer may leave the port has been obtained by any fraud, violence, or other land any emi- improper means, to land such emigrant and procure him a passage willing to back to his native place or that from which he was taken, and also leave the port to defray the cost of his maintenance whilst awaiting a return and who has passage, and all such expenses with all legal costs incurred shall been procured be recoverable by the Emigration Officer before any Police Magis- by any fraud, trate from the Emigration passage broker of the vessel in which [Ibid,soc. 18.] such emigrant was shipped or intended to be shipped.
&e.
2. Whosoever shall unlawfully either by force or frond Punishment take away or detain against his will any man or boy with intent for improperly
obtaining to put him on board a Chinese passenger ship and whosoever
emigrants. shall with any such intent receive, harbour, or enter into any con- Ibid, see, 19.] tract for foreign service with any such man or boy knowing the same to have been by force or fraud taken and obtained as in this paragraph before mentioned, shall be guilty of felony and being convicted thereof shall be liable, at the discretion of the Court, tö te kept in penal servitude for any term not exceeding seven years and not less than three years, or to be imprisoned for any term not exceeding two years with or without hard labour.
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