2.0 opinion in 76bq
Word "Asiatic" is to be practically construed as only either (a) that it occurs in HK. Ordce hot read for "Chinese" or (b) that it is only providing fully for the treatment of Chinese passengers and not making proper provision for the treatment of other Asiatic passengers.
Consequently, the Legislature of H. Kong has only partly complied with the regulations regarding ships contained in the Imperial Act no. 104 of 1855, and therefore the statutory provision is made for Chinese passengers only, and not for Asiatic passengers other than Chinese.
Under either of these constructions, there is no statutory provision made for more than twenty Indians. Restricting or controlling the carrying of any Asiatic passengers other than Chinese from H. Kong could be done by instructing the Gov. of Hong Kong to prohibit the migration of Indian passengers being carried in large numbers from Hong Kong (see last para. of £o opinion of 30 hor of [44504]).
If that were done, Indians in numbers less than twenty at a time and to this apparently, would not be restricted, and the Canadian Govt. would apparently raise no objection, and were taken the Canadian Govt. would not think it necessary to pass any special legislation affecting Indian immigrants.
It is proposed to instruct Gov. of Hong Kong to take this course and inform Canadian Gov. Gen. accordingly, and also to inform him that a pt. as at A and B in Mr. Davis' minute on 39809 Canada.
I don't think that much reliance can be placed on the LO statement in the last para. of their report of Feb 28. We must go by the word of the Statutes. I think that the Act of 1855 clearly includes Indians, and that so far as that Act is concerned, Indian emigrant ships carrying Chinese passengers could be dealt with as Chinese Passenger ships. But when we come to the Hongkong...
2.0 opinion in 76bq
Word
"
Asiatic
7bb97
is
sho. be
practically wherever
5.1889.
construed
or (b) that
as only
either (a) that the
read for "Chinese"
it occurs in HK.. Ordce hot
that trace.
shot-be
only providing fully for the passengers and not
treatment of Chinese
complete
making proper to provision for the treatment
of other
Asiatic passengers.
the Legislature of H. Kong
eno
leot
Consequently
has only partly
under
regulations respg. and there fore Imperial Act ho. 104
ships
contained in the
{ mentioned
Act are
Kong
us regards
than Chinese
of 1855
schedule
Chinese passeng
4.257 the
the regens. to the last
still in force
in
Hong
Asiatic passengers other
Under either of these constructions,
statutory provision is made for
more than twenty Indians
there fore
Restricting
Controlling the courtying of
any
hwayding
Ship / From H. Rong
in
and the 5575
could instruct the Gov. Of thong
to prohibit
sors, migration of Indian passengers being carried in large number from thong (see last para- of £o opinion of 30 hor of [44504]) If that were
the emigration &
indivictual
ફીલ
done
Indians in qumbers
less than
437
und. not be restricted
time twenty at a and to this apparently
Formt, will raise
the Canadian no objection, and
were taken the Canadian Gont
course / would & pparently,
the above
avoid the ner it necessary
to
wd not apparently think pass any special
Indian immigrants
legiol? affecting
7
Is that we propose
instruct Gov- of thong
to take this course
thood
and inform Tarand Gov Gen. accordingly
and inform 1.0. writing t also to that a pt. as at A and
B
in hr Davis' minute on
39809 Canada
-
Goog
13.11
I dont think that much relaime can be placed on the LO statement in the last par of then report of Jeb 28
quite that report
By
another
issue.
W
given we must go by the
word of the Statutes.
Wink that the Act of 1855
܂
clearly
includes Indrans
that so
for
concemed
Indian
رسان
that act is
de smigrant shifer carrying
could be dealt with
as Chinese Passeyen
ships. But when we come to the Hongkong
No comments yet.
Private notes are available after approval.