597
do not come up in all respects to a standard we think desirable.
We cannot prevent the indenturing of the coolies, nor can we prevent them being taken to, or improve their condition in, the countries to which they are to be taken; all we can do is to say that they not be taken in British ships although their condition on British ships would be the best available.
11
It is no doubt not only justifiable but right for His Majesty's Government or for the Government of Hong Kong under its direction to lay down rules which will ensure not only the proper accommodation and treatment of the emigrants on board ship but also that the contract entered into in each case is fair in its terms and fully understood by the coolies.
Further, it may be desirable in certain circumstances to allow the local authorities to exercise discretion as to disallowing shipments of emigrants in specific cases or in classes of cases, but I submit that no case is made out for continuing to absolutely prohibit all shipments of contract emigrants in British ships from Hong Kong and China ports. No such absolute prohibition is contained in the Imperial Act of 1856 from which the Hong Kong legislature obtains its powers in this matter.
I do not think that a close analogy can be drawn between the Witwatersrand case and this. In the former the coolies when landed came under the jurisdiction of His Majesty's Government which ultimately decided that it was desirable to terminate the system under which
597
}
do not come up in all respects to a standard we tink
desirable.
We cannot prevent the indenturing of the coolies,
nor can we prevent them being talen to, or improve
their condition in, he countries to which they are
to be baten; all we can do is to nay that they
not be teke.. in British ships although their condition
on British ships would be the best available.
11
It is no doubt not only justifiable but rit
for His Majesty's Goverment or for the Gove ̈mount of
Hong Kong under its direction to lay down rules
which will ensure not only the proper accommodation
and treat.ent of the erigants on board ship bus also
that the contract entered into in each case is fair
in its terms and fully understoodby the coolies.
Further, it may be desirable in certain circumstances
to allow the local authorities to exercise discretion
ધ to disallowing shipments of emigrants in specizio
cases or in classes of cases, but I su mit that no
case is made out for continuing to absolutely prohibit
all shipments of contract emigrants in British ships
from Hong Kong and China ports. No such absolute
prohibition is contained in the Imperial Act of
1856 from which the Hong Kong legislature obtains its
powers in this matter.
I do not think that a close analogy can be drawn
between the Witwatersrand case and this. In the former
whe coolies when landed ca.e under the jurisdiction
of His Majesty's Goverment whic ultimately decided
that it was desirable to terminate the system under
which
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