CO129-338 - Public Offices & Others - 1906 — Page 611

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

605

single voyage.

If the latter view is correct the Governor is only restrained from issuing such licences by the instructions which have from time to time been given to him or to his predecessors by previous Secretaries of State for the Colonies and the further question then arises whether these instructions are not "ultra vires". The Solicitor to the Board of Trade suggests that it is doubtful whether, seeing that the Chinese Passenger Act 1855 clearly contemplated ships carrying contracted labour, the use of the words "subject to such conditions as may from time to time be prescribed under instructions from His Majesty's Principal Secretary of State for the Colonies" in Section 11 of the Ordinance can be held to cover the absolute prohibition of the grant to ships of licenses for such carrying or in fact anything more than conditions in the nature of regulations on the lines indicated in that Act and the Schedules referred to, and this apart from the question whether the legislation of Hong Kong could by Ordinance (See Section 1 of the Ordinance of 1889) divest itself of powers conferred upon its officers by the Imperial Act.

(3)

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605 single voyage. If the latter view is correct the Governor is only restrained from issuing such licences by the instructions which have from time to time been given to him or to his predecessors by previous Secretaries of State for the Colonies and the further question then arises whether these instructions are not "ultra vires". The Solicitor to the Board of Trade suggests that it is doubtful whether, seeing that the Chinese Passenger Act 1855 clearly contemplated ships carrying contracted labour, the use of the words "subject to such conditions as may from time to time be prescribed under instructions from His Majesty's Principal Secretary of State for the Colonies" in Section 11 of the Ordinance can be held to cover the absolute prohibition of the grant to ships of licenses for such carrying or in fact anything more than conditions in the nature of regulations on the lines indicated in that Act and the Schedules referred to, and this apart from the question whether the legislation of Hong Kong could by Ordinance (See Section 1 of the Ordinance of 1889) divest itself of powers conferred upon its officers by the Imperial Act. (3)

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: 605 single voyage. If the latter view is correct the Governor is only restrained from issuing such licences by the instructions which have from time to time been given to him or to his predecessors by previous Secretaries of State for the Colonies and the further question then arises whether these instructions are not "ultra vires", The Solicitor to the Board of Trade suggests that it is doubtful whe- ther seeing that the Chinese Passenger Act 1855 clearly contemplated ships carrying contracted labour the use of the words "subject to such conditions as may from time to time be prescribed under instructions from His Majesty's Principal Secretary of State for the Colonies" in Section 11 of the Ordinance can be held to cover the absolute pro- hibition of the grant to ships of licenses for such carry- ing or in fact anything more than conditions in the nature of regulations on the lines indicated in that Act and the Schedules referred to, and this apart from the question whether the legislation of Hong Kong could by Ordinance (See Section 1 of the Ordinance of 1889) divest itself of powers conferred upon its officers by the Imperial Act (3)

2026-06-03 11:40:43 · Baseline

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605

single voyage.

If the latter view is correct the Governor is only

restrained from issuing such licences by the instructions

which have from time to time been given to him or to his

predecessors by previous Secretaries of State for the

Colonies and the further question then arises whether

these instructions are not "ultra vires", The Solicitor

to the Board of Trade suggests that it is doubtful whe-

ther seeing that the Chinese Passenger Act 1855 clearly

contemplated ships carrying contracted labour the use of

the words "subject to such conditions as may from time to

time be prescribed under instructions from His Majesty's

Principal Secretary of State for the Colonies" in Section

11 of the Ordinance can be held to cover the absolute pro-

hibition of the grant to ships of licenses for such carry-

ing or in fact anything more than conditions in the nature

of regulations on the lines indicated in that Act and the

Schedules referred to, and this apart from the question

whether the legislation of Hong Kong could by Ordinance

(See Section 1 of the Ordinance of 1889) divest itself

of powers conferred upon its officers by the Imperial Act

(3)

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