635
order and good government of British subjects in Hong Kong,
and by virtue of 6 and 7 Vict. cap 80 the Governor with the advice of the Legislative Council also had authority to make laws and ordinances for the peace, order and good government of Her Majesty's subjects in China, or on any vessel not more than 100 miles from the coast. There are no words in the Chinese Passenger Act 1855 to take away this power. That Act, it is true, makes certain regulations and as those regulations apparently contemplate the carrying of indentured coolies it might have been said, had the regulations been enacted as permanent regulations, that the Colonial Legislature could not under their existing powers make others directly or indirectly repugnant to them. The regulations provided by the Chinese Passenger Act are, however, only to be in force until the enactment of regulations by the Legislature in Hong Kong and the proclamation in Hong Kong of Her Majesty's confirmation of such enactment.
We think, under those circumstances, that the Hong Kong Legislature retained, subject to the provision delaying the Ordinance taking effect till Her Majesty's confirmation had been proclaimed, full power to legislate upon the question. By Section 2, the jurisdiction of the Legislature in Hong Kong is expressly extended to British ships at sea.
A question has been raised as to whether power to make regulations or conditions with respect to a trade No such difficulty arises here because the trade in question is not the carrying of indentured coolies but the carrying of Chinese passengers and to require that they should not
(2)
Treas
1
635
order and good government of British subjects in Hong
Kong,
and by virtue of 6 and 7 Vict. cap 80 the Governor
with the advice of the Legislative Council also had
authority to make laws and ordinances for the peace,
order and good government of Her Majesty's subjects in
China, or on any vesuel not more than 100 miles from
the coast. There are no words in the Chinese Passenger
Act 1855 to take away this power. That Act, it is true,
makes certain, regulations and as those regulations ap-
parently contemplate the carrying of indentured coolies
it might have been suid, had the regulations been en-
acted as permanent regulations, that the Colonial Legis-
lature could not under their existing powers make others
directly or indirectly repugnant to them. The regula-
tions provided by the Chinese Passenger Act are, however,
only to be in force until the enactment of regulations
by the Legislature in Hong Kong and the proclamation in
Hong Kong of Her Majesty's confirmation of such enactment.
We think, under those circumstances, that the Hong Kong
Legislature retained, subject to the provision deluying
the Ordinance taking effect till Her Majesty's confirms-
tion had been proclaimed, full power to legislate upon
the question. By Section 2. the jurisdiction of the
Legislature in Hong Kong is expressly extended to Brit-
ish ships at sea.
A question has been raised as to whether power to
make regulations or conditions with respect to a trade
No such diffi- could in any case extend to prohibition.
culty arises here because the trade in question is not the carrying of indentured coclies but the carrying of Chinese passengers and to require that they should not
(2)
Treas
No comments yet.
Private notes are available after approval.