CO129-265 - Public Offices & Others - 1894 — Page 248

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I have as requested prepared a draft Ordinance applying to all "Chinese Passenger Ships" as defined in "The Chinese Passenger Act 1855* 1. the regulations contained in Schedule A. to that Act, 2. the provisions of Sec.4. of the Act so far as the giving of a bond is concerned, and, 3. the provisions of the Act which relate to penalties for neglecting to obey the Regulations, and to forfeiture of the ship for forging or fraudulently altering a certificate to be given by the Emigration Officer.

I do not however at present send forward the draft Ordinance because, with great respect for the Law Officers' opinion, I have been unable to satisfy myself that the Ordinance is within the power conferred by Section 2. of the Chinese Passengers Act 1855.

The object of that Act was to enable the Legislature of Hong Kong by Ordinance to make Regulations respecting

passenger ships sailing from any port in Hong Kong and

British ships sailing from any port in China or within

100 miles of its coasts, called in the Act "Chinese

Passenger Ships," and until such an Ordinance should be

made the Regulations contained in Schedule "A" of the Imperial

Act were to be in force. So far therefore as Section 2.

is concerned the power of the Legislature of Hong Kong

to make regulations appears to be sufficiently large and

unqualified, but the application of such regulations

depends upon the remaining provisions of the Imperial

Act, and especially upon Sections 4 and 8.

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