CO129-350 - Public Offices - 1908 — Page 363

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

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way, Moreover, no matter to which Court such appeal may reach, the decision shall always rest on these Regulations. But in questions which these Regulations do not clearly provide for recourse may be had to the Mining Regulations of foreign countries, provided that they are not repugnant to the spirit of these Regulations.

Section 63. Protection of foreigners engaged in mining.

Foreigners engaged in mining partnerships with Chinese and who at any time wish to hunt game, race, or indulge in other amusements of a dangerous nature, must apply to the local authorities, and obey their directions as to the limits within which, and the dates upon which, they may indulge in such sports. In other matters the provisions requiring special consideration to be extended to foreigners travelling in the interior of China will be followed.

Apart from the actual foreigner who is the owner of the mining rights, the local authorities will not recognize the duty of protecting any foreigners engaged as mining engineers or mechanics, unless they have a genuine connection with the mine, and -their presence there is sanctioned by the General Burean, and they possess the

regulation passport.

Section 64. Notification of objections to mining in certain districts.

If

any locality is in a state of unrest, or if the local authority at any time report that the presence of foreigners in the interior for mining purposes would be likely to cause disturbance, the General Bureau may notify the circumstances, and decline to authorize the issue of a permit for such locality.

PART XIV.----Labour.

Section 65. Terms of engagement of miners to receive official sanction.

Any Chinese working in a mine or performing any work in connection with mining is a mining labourer. The terms under which labourers are engaged by a mine-owner must be previously sanctioned by the Deputy of Mines.

Section 66. List of miners to be kept.

The mine-owner shall keep for inspection a register of the names of the miners, in which he shall enter their names and surnames, ages, addresses, and employment, together with dates of engagement and termination of work.

Section 67. Regulation of strikes.

In the following circumstances miners may go on strike at any time *----

1. In cases of cruelty on the part of the mine-owner or his employés.

2. If wages are not paid to date or in full.

3. In the event of excessive overtime work leading to illness through exhaustion.

Section 68. Compassionate grants to miners.

Mine-owners are required to make grants of which the nature must be first reported to the Mine Deputy-

1. In case of injuries sustained by a miner while at work, if not due to his own carelessness, doctors' bills and expenses for medicines to aid in recovery are to be paid.

2. Suitable maintenance must be supplied during convalescence.

3. In the event of death through injuries, burial expenses to be paid.

4. In case of disablement, grants-in-aid to be made for a certain period.

The above are to be arranged in consultation with the Deputy.

Section 69. Dismissal of miners.

In the following circumstances detrimental to the mine-owners' interests the owner

may dismiss his miners at any time :--

1. Offenders against the laws of China and persons raising disturbance in the neighbourhood.

2. Concealed criminals mixing with the miners.

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3. Men taking refuge in foreign missions and calling themselves Christians who mix with the miners to escape the local authorities.

Section 70. Proceedings against miners.

In the event of miners committing any of the following offences subversive of local discipline, the Deputy in charge may at any time peremptorily order the mine-owner to produce such miner and hand him to the local authorities to be dealt with, and such minc-owner shall not afford him protection :

**

1. Disobedience to directions of his employer.

2. Violence towards the mine-owner or his employés.

3. Going on strike and persuading others to join without ill-treatment on the part

of the employer or deduction from wages.

Section 71. Revision of Miners' Regulations.

If necessity arises for revision of, or addition to, any of the Regulations for the protection by the State of miners, and the prohibition of cruel treatment of miners on the art of the mine-owner, the high authorities of the province concerned may at any time communicate with the Board, who will take measures accordingly.

Section 72. Duties of police.

PART XV-Police.

The duty of policing mines will be delegated by the General Bureau to the Deputy in charge of the mine. The following are the main principles :-

1. To ascertain whether there is anything dangerous either in the pits or in the works constructed on the mine lands.

2. To concern himself with all matters affecting the lives and health of the miners.

3. To concern himself with the safeguarding of the public interest.

Section 73. Powers of police.

If a Mine Deputy perceives a source of danger to the mine area under his control

or anything detrimental to the public interest, he will report to the General Bureau and request authority to stop work. In cases of urgency where there is no time to report to the Bureau, such Deputy shall also have authority to temporarily suspend work.

Section 74. Restarting of work after a shut-down.

If, after work in any mine has been stopped for any cause, and matters have been rectified by the employment of additional labour, the Deputy in charge may, after satisfying himself, authorize work to recommence,

Appended is a list of foreign Mining Laws, to which reference has been had, showing areas of mining properties granted under each,

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* Not printed.

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