CO129-265 - Public Offices & Others - 1894 — Page 249

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By Section 4. it is provided that no Chinese Passenger Ship shall clear out or proceed to sea on any voyage of more than seven days' duration until the formalities prescribed in that Section shall have been duly complied with and it is clear, as well from the nature of the

regulations themselves as from their language and the terms of the bond to be given by the Master of the ships in question that the regulations were to have no application

to vessels proceeding to sea on voyages of less than eight

days' duration.

Under Section 3. again the forfeiture thereby

authorized is limited to the case of ships clearing out

or proceeding to sea on any voyage exceeding 7 days'

duration.

If this view of the Act be correct then there is no

power conferred upon the Legislature of Hong Kong to make

Ordinances except for the purpose of substituting new

regulations for those prescribed in Schedule "A"; but

there appears to be no power to make an Ordinance to extend

the application of such Regulations, or the provisions with

respect to forfeiture and other offences, to any other

voyages than those defined in Section 4.

With respect to proclamations by the Governor of

Hong Kong under Section 3, the view which has been acted

upon is in accordance with that above stated viz: that

the proclamation can only be issued when the duration of

the voyage is more than seven days so that the scales of

dietary &c. contained in Schedule "A" may be altered and

adapted to longer voyages of varying duration.

I have seen Mr Wingfield of the Colonial office on

this matter, and he concurs in thinking that the above

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