ATTORNEY GENERAL'S OFFICE.
19th June 1902.
15014
Red 23 APR 2
Report on Ordinance 2 of 1902.
383
I have examined the accompanying Ordinance, entitled
An Ordinance to provide for the more effectual control of Chair and Jinricksha Coolies in private employ,
and I am of opinion that the Ordinance is one which is not contrary to the Governor's Instructions.
Private chair and jinricksha coolies have almost invariably in this Colony been hired by the month and the usual custom has been to provide them with free quarters on their employer's premises. Until recent times it was generally supposed that sub-section (8) of section 3 of Ordinance No. 14 of 1845, which dealt with misconduct on the part of domestic servants, applied to such private coolies. Doubts, however, arose as to whether they technically came within the term "domestic servants," and in consequence there has of late been no control whatever over them. There is no reason why such coolies, residing on the premises, should be exempted from the penalty for misconduct to which house boys, boat coolies and cooks have been liable for considerably more than fifty years in this Colony. This Ordinance places them accordingly on an equality with ordinary Chinese domestic servants in that respect.
Section 4 makes it clear that an agreement to perform the additional services which it has always been the custom for chair and jinricksha coolies to perform, is implied in the contract of service unless expressly excluded.
The misconduct of many of the coolies of the class mentioned in this Ordinance has formed of late the subject of numerous complaints, and it is trusted that the provision of a penalty for such misconduct may conduce to some improvement in this respect.
W. Meigh Goodman
Attorney General.
1
ATTORNEY GENERAL'S OFFICE.
194 Tuan 1902.
15014
Red 23 APR 2
Report on Ordinance 2 of 1902.
383
I have examined the accompanying Ordinance, entitled
An Ordinance to provide for the more effectual control of
Chair and Jinricksha Coolies in private employ,
and I am of opinion that the Ordinance is one which is not contrary to
the Governor's Instructions.
Private chair and jinrieksina coolies have almost in- varially in this Colony been hired by the month and the usual custom has been to provide them with free quarters on their employer's premises. Until recent times it was generally supposed that sub-section (8) of section 3 of Ordinance No. 14 of 1845, which dealt with misconduct on the part of domestic servants, applied to such private coolies. Doubts, however, arose as to whether they tech- nically came within the term "domestic servants," and in consequence there has of late been no control whatever over them. There is no reason why such coolies, residing on the premises, should be exempted from the penalty for misconduct to which house boys, bonsc coolies and cooka have been liable for considerably more than fifty years in this Colony, This Ordinance places them accordingly on an equality with ordinary Chinese domestic servants in that respect.
Section 4 makes it clear that an agreement to perform the additional services which it has always been the custom for chuir and jiaricksba coolies to perform, is implied in the contract of service unless expressly excluded,
The misconduct of many of the coolies of the class men- tioned in this Ordinance has formed of late the subject of numerous complaints, and it is trusted that the provision of a penalty for such misconduct may conduce to some im- provement in this respect.
"W. Weigh Goodman
Attorney General.
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