custody, and in the ordinary prosecution of his voyage to convey him to another port, perhaps far distant; thus rendering himself liable not only to heavy expense but also perhaps to a claim for damages through forcibly taking a person to some port to which he does not wish to proceed.
Your Petitioners would further submit that a vessel even under the most favourable conditions is not the proper place for the confinement of a lunatic or person requiring special care and restraint, and that the master of a vessel should therefore have full right to land such a person at Hongkong at any time. The question as to the expenses incurred is a matter which could subsequently be settled between the Master and the Government.
Your Petitioners recognise that while lunatics or imbeciles are occasionally carried on board vessels as passengers under special arrangement, cases may arise where it is found necessary to land these people here. Under such conditions the master of the vessel or his owners or agents will presumably have in the first place protected themselves against possible loss in such an eventuality; but Your Petitioners naturally view with alarm the further liability which the proposed legislation contemplates placing upon the shipping trade in cases where such an arrangement has not been made.
It is true that this liability will not fall upon the vessel if it can be proved that the person became insane after embarkation; but who is to fix the exact point or time at which a person ceases to be sane?
Some of Your Petitioners have recent knowledge of cases, which can be quoted, where passengers who were known, or suspected by their friends of being either insane or verging on such a state, have been placed on board vessels without any intimation of the fact being given to the agents or master of the vessels, and it was only after these unfortunate people had given signs of insanity that inquiry has proved that they were of unsound mind at the time of embarkation.
In these circumstances, under the proposed Bill the ship owner or master would be responsible up to the sum of $5,000 for such a person's expenses.
It may be granted that in some cases the expenses might possibly be partially recovered, but to attempt this would involve great trouble and additional expense upon the ship, coupled with the uncertainty of ultimate success.
Your Petitioners would further beg to direct Your Excellency's attention to the fact that, if such objections may be raised when dealing with passengers of nationalities other than Chinese, these difficulties with regard to the Chinese traffic must be greatly accentuated.
It is estimated that something like two million Chinese come into the Colony every year.
It would be absolutely impossible to attempt anything like a satisfactory or reliable medical inspection of such a number of people, and yet this is the only equitable way to carry out the proposed legislation. The expense of the necessary staff would alone prove an insuperable objection, and indeed the idea of such an examination with a view to preventing the arrival in Hongkong of Chinese infected with bubonic plague was abandoned solely on that ground.
Page 74
custody, and in the ordinary prosecution of his voyage to convey him to another port, perhaps far distant; thus rendering himself liable not only to heavy expense but also perlumps to a claim for damages through forcibly taking a person to some port to which he does not wish to proceed.
Your Petitioners would farther submit that a vessel even under the most favourable conditions is not the proper place for the confinement of a lunatic or person requiring special care and restraint, and that the master of a vessel should therefore have full right to land such a person at Hongkong at any time. The question as to the expenses incurred is a matter which could subsequently be settled between the Master and the Government.
Your Petitioners recognise that while lunatics or imbeciles are occasionally carried on board vessels as passengers under special arrangement, cases may arise where it is Found necessary to land these people here. Under such conditions the master of the vessel or his owners or agents will presumably have in the first place protected themselves against possible loss in such an eventuality; but Your Petitioners naturally view with alarm the further liability which the proposed legislation contemplates placing upon the shipping trade in cases where such an arrangement has not been made.
It is true that this liability will not fall upon the vessel if it can be proved that the person
became insane after embarkation; but who is to fix the exact point or time at which a person ceases to be sane?
Some of Your Petitioners have recent knowledge of cases, which can be quoted, where
passengers who were known, or suspected by their friends of being either insane or verging on such a state, have been placed on board vessels without any intimation of the fact being given to the agents or master of the vessels, and it was only after these unfortunate people had given signs of insanity that inquiry has proved that they were of unsound mind at the time of embarkation.
In these circumstances, under the proposed Bill the ship owner or master would be responsible up to the sum of $5,000 for such a person's expenses.
It may be granted that in some cases the expenses might possibly be partially recovered, but to attempt this would involve great trouble and additional expense upon the ship, coupled with the uncertainty of ultimate success.
Your Petitioners would further beg to direct Your Excellency's attention to the fact that, if such objections may be raised when dealing with passengers of nationalities other than Chinese, these difficulties with regard to the Chinese traffic taust be greatly accentuated.
year.
It is estimated that something like two milliou Chinese come into the Colony every
It would be absolutely impossible to attempt anything like a satisfactory or reliable medical inspection of such a number of people, and yet this is the only equitable way to carry out the proposed legislation. The expense of the necessary staff would alone prove an insuperable objection, and indeed the idea of such an examination with a view to preventing the arrival in Hongkong of Chinese infected with bubonic plague was abandoned solely on that ground.
74
No comments yet.
Private notes are available after approval.