I do not think it can be said that the Hongkong legislature has exempted certain ships from the operation of the Imperial Act. It has not provided for the giving of licences for certain ships. If such ships were proceeded against for proceeding to sea without a license, I think the Court would lean to letting the ship off rather than to punishing for what construing the Act prima facie is not provided for.
I do not agree that you can make "Chinese" mean "natives". In a penal statute, you must construe strictly; this construction seems to be forced.
(1) I don't think that the 1874 order affects the question. Put briefly, what happened was this. The Hongkong legislature had formerly tried to get rid of the regulations of 1873, but did not do so. In 1889, they did, but did it in a bungling way, leaving certain ships not provided for. They could remedy this now by legislation if they like!
The omission of the order prescribes the conditions under which a license is required. The licence it provides for is one for taking Chinese passengers, as stated before, is for Chinese passenger ships carrying Chinese. I do not think you can wilfully apply this to other ships.
HBL 20/11
R
Suggestion A
I do not think it can
443
be said that the
Stopkong legislature has exempted certain ships from the operation of the Imperial Act. It has not perndes for the giving of licences for certain ships. I such shif were proceeded against for processing to sea without a license Ithink the Ct wo
a
lean to letting the ship off rather than to
promisine for what construing the Acto
مة
prima facie is not finised for.
I do not agree that you can
Mulder
you
"natives
"make "Chinese"
gasia:
In a penal statute
the face gut
forced.
must construe strictly
this coms the ation seems to und
Suggestion B. виде
o on
"(1) I don't think that the 1874 ordre affects the question. Put briefly what happened was this. The Stone Kong legislature had former to get
ridg
the regulations of 1873.
not do so. In
bungling way
1889 they leaving
pronisée for. They
In 1874 they did
did, but did it in a
!
certain ships not
remedy
now by legislation if they like! (b
Suggestion C.
The omission
The ordre prescribes the conditions under whi a license is required. The licence it froides for is one for taking Chinese passengers a as stated before is for Chinese passenger ships canging chinese. I do not think you can wifly a pessibitive gall other ships
HBL
20/11
No comments yet.
Private notes are available after approval.