CO129-341 - Acting Governor May Governor Lugard - 1907 [7-10] — Page 445

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

440

It is true that the Hong Kong Ordinance has preserved in the Interpretation Clause the definition of "Chinese Passenger Ship" contained in the Imperial Act but in effect the subsequent provisions, if they are to be construed as you construe them, amount to an alteration of the definition. It was intended that the Colonial Legislature should regulate "Chinese Passenger Ships": it has in your opinion not done so. It has by omission thus done what it has no power to do expressly: it has attached a limited meaning to the phrase "Chinese Passenger Ship" and so exempted certain ships from the operation of the Imperial Act.

Would not a Court of Law prefer to attempt to reconcile the Act and the Ordinance and try and find some grounds for regarding the Ordinance as intra vires.

I have suggested one way out, viz: the construction of "Chinese Passengers" as "natives of Asia". In view of the fact that the definition in the Imperial Act is prefixed to the Hong Kong Ordinance and that it is not in the power of the Hong Kong Legislature to vary that definition, I do not feel that this suggestion is altogether impossible. Indeed it seems to me to be borne out by the Hong Kong Ordinance itself, section 112 of which provides that the forms in the schedules may be altered as circumstances require.

Suggestion (B)

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440 It is true that the Hong Kong Ordinance has preserved in the Interpretation Clause the definition of "Chinese Passenger Ship" contained in the Imperial Act but in effect the subsequent provisions, if they are to be construed as you construe them, amount to an alteration of the definition. It was intended that the Colonial Legislature should regulate "Chinese Passenger Ships": it has in your opinion not done so. It has by omission thus done what it has no power to do expressly: it has attached a limited meaning to the phrase "Chinese Passenger Ship" and so exempted certain ships from the operation of the Imperial Act. Would not a Court of Law prefer to attempt to reconcile the Act and the Ordinance and try and find some grounds for regarding the Ordinance as intra vires. I have suggested one way out, viz: the construction of "Chinese Passengers" as "natives of Asia". In view of the fact that the definition in the Imperial Act is prefixed to the Hong Kong Ordinance and that it is not in the power of the Hong Kong Legislature to vary that definition, I do not feel that this suggestion is altogether impossible. Indeed it seems to me to be borne out by the Hong Kong Ordinance itself, section 112 of which provides that the forms in the schedules may be altered as circumstances require. Suggestion (B)

Baseline (Original)

Suggestion (A) 440 It is true that the HongKong Ordinance has preserved in the Interpretation Clause the definition of "Chinese Passenger Ship" contained in the Imperial Act but in effect the subsequent provisions, if they are to be construed as you construe them, amount to an alteration of the definition. It was intended that the Colonial Legislature should regulate "Chinese Passenger Ships": it has in your opinion not done so. It has by omission thus done what it has no power to do expressly: it has attached a limited meaning to the phrase "Chinese Passenger Ship" 2: and so exempted certain ships from the operation of the Imperial Act. Would not a Court of Law prefer to attempt to reconcile the Act and the Ordinance and try and find some grounds for regarding the Ordinance as intra vires. I have suggested one way out, viz: the con- struction of "Chinese Passengers" as "natives of Asia". In view of the fact that the definition in the Imperial Act is prefixed to the HongKong Ordinance and that it is not in the power of the HongKong Legislature to vary that definition, I do not feel that this suggestion is altogether impossible. Indeed it seems to me to be borne out by the HongKong Ordinance itself, section 112 of which provides that the forms in the schedules may be altered as circumstances require. Suggestion (B)

2026-06-05 05:17:42 · Baseline

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Suggestion (A)

440

It is true that the HongKong Ordinance has

preserved in the Interpretation Clause the definition

of "Chinese Passenger Ship" contained in the Imperial

Act but in effect the subsequent provisions, if they

are to be construed as you construe them, amount to an

alteration of the definition. It was intended that

the Colonial Legislature should regulate "Chinese

Passenger Ships": it has in your opinion not done so.

It has by omission thus done what it has no

power to do expressly: it has attached a limited

meaning to the phrase "Chinese Passenger Ship"

and

so exempted certain ships from the operation of the

Imperial Act.

Would not a Court of Law prefer to attempt

to reconcile the Act and the Ordinance and try and

find some grounds for regarding the Ordinance as

intra vires.

I have suggested one way out, viz: the con-

struction of "Chinese Passengers" as "natives of Asia".

In view of the fact that the definition in the Imperial

Act is prefixed to the HongKong Ordinance and that it

is not in the power of the HongKong Legislature to

vary that definition, I do not feel that this suggestion

is altogether impossible. Indeed it seems to me to

be borne out by the HongKong Ordinance itself, section

112 of which provides that the forms in the schedules

may be altered as circumstances require.

Suggestion (B)

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