CO129-338 - Public Offices & Others - 1906 — Page 599

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

533

It granted can prohibit the issue of a licence by the Governor to a vessel carrying contract coolies to a foreign country.

As far as I have been able to go into the question it seems to me a matter of grave doubt whether condition includes prohibition.

Section 14 which appears to influence the mind of the Governor at Hong Kong seems to me to be limited in its operation to 'General' licences authorised by Section 10 and I do not think it has any reference to an ordinary licence which can apparently be granted to a particular ship in respect to a particular voyage. General licences do not appear to be contemplated by the Chinese Passenger Ships Act 1855, and are therefore quite exceptional, and any provisions dealing with General licences cannot I think be made use of as regards ordinary licences.

The Act of 1855 which deals with ordinary licences or rather certificates clearly contemplates ships carrying contracted labour (See form of Certificate Sch: 'B'). The original Ordinances in Hong Kong were followed by Instructions from the Secretary of State for the Colonies prohibiting the carrying of contract labour; such Instructions were more than possibly ultra vires and the subsequent provisions of Sections 10 & 14 of the Ordinance of 1889 were, I consider, inserted as a relief from Instructions (which were considered as binding) and apparently for no other reason.

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533 It granted can prohibit the issue of a licence by the Governor to a vessel carrying contract coolies to a foreign country. As far as I have been able to go into the question it seems to me a matter of grave doubt whether condition includes prohibition. Section 14 which appears to influence the mind of the Governor at Hong Kong seems to me to be limited in its operation to 'General' licences authorised by Section 10 and I do not think it has any reference to an ordinary licence which can apparently be granted to a particular ship in respect to a particular voyage. General licences do not appear to be contemplated by the Chinese Passenger Ships Act 1855, and are therefore quite exceptional, and any provisions dealing with General licences cannot I think be made use of as regards ordinary licences. The Act of 1855 which deals with ordinary licences or rather certificates clearly contemplates ships carrying contracted labour (See form of Certificate Sch: 'B'). The original Ordinances in Hong Kong were followed by Instructions from the Secretary of State for the Colonies prohibiting the carrying of contract labour; such Instructions were more than possibly ultra vires and the subsequent provisions of Sections 10 & 14 of the Ordinance of 1889 were, I consider, inserted as a relief from Instructions (which were considered as binding) and apparently for no other reason.

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533 Įt granted can prohibit the issue of a licence by the Govemor to a vessel carrying contract coolies to a foreign country. As far as I have been able to go into the quest ion it seems to me a matter of grave doubt whether condition includes prohibition. Section 14 which appears to influence the mind of the Governor at Hong Kong seems to me to be limited in its operation to 'General' licences authorised by Section 10 and I do not think it has any reference to an ordinary licence which can apparently be granted to a particular ship in respect to a particular voyage. General licences do not appear to be contemplated by the Chinese Passenger Ships Act 1855, and are therefore quite exceptional, and any provisions dealing with General licences cannot I think be made use of as regards ordinary licences. The Act of 1855 which deals with ordinary licences or rather certificates clearly conten- plates ships carrying contracted labour (See form of Certificate Sch: 'B'). The original Ordinan- ces in Hong Kong were followed by Instructions from the Secretary of State for the Colonies prohibit- ing the carrying of contract labour; such Instruc- tions were more than possibly ultra vires and the subsequent provisions of Sections 10 & 14 of the Ordinance of 1889 were, I consider, inserted as a relief from Instructions (which were considered as binding) and apparently for no other reason, See

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533

Įt

granted can prohibit the issue of a licence by the Govemor to a vessel carrying contract coolies to a foreign country.

As far as I have been able to go into the

quest ion it seems to me a matter of grave doubt

whether condition includes prohibition.

Section 14 which appears to influence the

mind of the Governor at Hong Kong seems to me to

be limited in its operation to 'General' licences

authorised by Section 10 and I do not think it has

any reference to an ordinary licence which can

apparently be granted to a particular ship in

respect to a particular voyage. General licences

do not appear to be contemplated by the Chinese

Passenger Ships Act 1855, and are therefore quite

exceptional, and any provisions dealing with

General licences cannot I think be made use of

as regards ordinary licences.

The Act of 1855 which deals with ordinary

licences or rather certificates clearly conten-

plates ships carrying contracted labour (See form

of Certificate Sch: 'B'). The original Ordinan-

ces in Hong Kong were followed by Instructions from

the Secretary of State for the Colonies prohibit-

ing the carrying of contract labour; such Instruc-

tions were more than possibly ultra vires and the

subsequent provisions of Sections 10 & 14 of the

Ordinance of 1889 were, I consider, inserted as a

relief from Instructions (which were considered

as binding) and apparently for no other reason,

See

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