CO129-361 - Public Offices - 1909 — Page 320

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The persons referred to in paragraph 3 as being at present required to pay the capitation tax, but entitled on the fulfilment of certain conditions to a refund, are students entering Canada for the purpose of securing a higher education in one of the recognized universities, or in some other educational institution approved by the Governor in Council. At present, a student to be entitled to a refund, is required to furnish "satisfactory proof that he has been a bona fide student in such university or educational institution for a period of one year.”

7. It is agreed that the Chinese Government would deprecate as strongly as the Canadian Government, any attempt on the part of persons other than bona fide students to gain admission to Canada under conditions intended to afford special facilities to students only. It is proposed, therefore, that should the removal of the capitation tax endanger the privilege accorded to bond fide students by rendering possible any subterfuge on the part of others, it be left to the Governor in Council to adopt such regulations as may appear to be necessary to safeguard this privilege from abuse.

8. It is thought that the numbers to be agreed upon, of persons of the class set forth in paragraph 4 might most advantageously be left to the Governor in Council, to be determined in accordance with special conditions which may prevail in Canada from time to time. It being understood that, except with the full concurrence of both the Chinese and Canadian Governments, this number shall not be less than

in any one year.

9. As a means of preventing the fraudulent use of passports, and assisting Govern. ment officials in the discharge of their duties (except where otherwise specially provided by the Governor in Council), each passport shall be issued by the Chinese Wai-wu Pu, be in the Chinese and English (or French) languages, and bear the scal of the Wai-wu Pu and the signature of the bearer in his own handwriting, or contain other sufficient means of identification. Each passport shall specify the occupation of the bearer and his object in coming to Canada, and to be valid shall be endorsed (vised) by the British Legation, or by a British Consul or accredited Representative of the Dominion of Canada at the place where it is granted, or at the port or place of departure, and presented within one year of the date of its issue.

10. Any agreement reached between the Chinese and Canadian Governments would be on the clear understanding that such agreement would not be held to exempt any person from the application of general laws or regulations of the Dominion, or measures specially enacted with a view to giving full effect to the provisions of such agreement, or to restrict the right of the Chinese or Canadian Governments respectively to enact and enforce laws respecting immigrants and immigration as may from time to time seem necessary.

11. Any agreement reached may be altered or amended by mutual consent, and shall be terminable at the expiration of

year after formal notice of its desire to terminate such agreement shall have been given by either Government to the other.

I should be deeply obliged if, before returning to Canada and reporting the results of the several interviews to the Canadian Government, you would give me an official assurance as to my having rightly understood the attitude and intentions of the Chinese Government and as to the concurrence of the Chinese Government in the proposals and suggestions as outlined.

Inclosure 3 in No. 1.

Yours sincerely,

Concluding Interviews between Acting President of Wor-wa Pu and Mr. Mackenzie King, March 24, 27, and 30, 1900.

HIS Excellency, Liang Tun-yen, dined at the British Legation on the evening of the 24th March. During the course of the evening he mentioned to Sir John Jordau and myself that he had received a somewhat evasive reply from Lord Lee (the Chinese Minister at London). Having been very busy he had referred the draft communication I had sent him to Mr. Tong Kai-son of the Wai-wu Pa, to look over carefully and see if there was any point which required consideration. (Mr. Tong was one of the Chinese delegates to the Opium Commission.) He, Mr. Liang, felt that the matter was too important to decide himself, that he would have to lay the whole situation before the Grand Council for its action. The point which troubled him at the moment

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was whether the adoption of the system of restriction by means of passports as regarded emigration to Canada might not lead to other countries demanding a like form of restriction. The Dutch had been making representations concerning the number of Chinese going into their possessions in the East Indies, Java, and other islands, and were talking of enacting exclusion laws. They would be asking for voluntary restriction, if it were adopted in the case of Canada. Australia and other countries might do the same.

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The question of the numbers to be allowed came up for further consideration. Mr. Liang thought a larger number should be permitted than in the case of Japan, seeing that China had a much larger population. I remarked that viewed from the Canadian standpoint, Chinese and Japanese were alike Orientals, and it was the competition of Oriental labour that it was desired to restrict. However, there might be something in the point raised, and if it were regarded as important, I thought the Government might considér a minimum of 500 a-year, instead of 400 as originally suggested. This would be a recognition of Chinese superiority in the matter of numbers. Mr. Liang said he thought a minimum number might be agreed upon, Canadian Government to increase this number as circumstances permitted. The Chinese Consul-General at Ottawa could be informed of the wishes of the Canadian Government, and let bis Government know at stated intervals the numbers to be allowed in. I pointed out that this was the kind of arrangement proposed in the draft submitted, that it was altogether probable in some years the Canadian Government would be prepared to let in more than the minimum number specified. I asked if exception would be taken to a proposal to restrict to certain occupations (e.g., domestic service) by a system of licences such numbers as might be agreed upon in excess of the minimum agreed upon. Mr. Liang thought such an arrangement would be quite satisfactory.

I said to Mr. Liang that when presenting the case to the Grand Conncil he might tell its members frankly that the popular movement and tendency in Canada was in the direction of exclusion, and that if the present chance went by, exclusion would be all but inevitable in the near future. I explained the combination of circumstances which made the present an opportune time, should the Chinese Government desire it; to effect an arrangement such as had been proposed and mentioned that conditions as favourable might not always be at hand, or continue long to exist.

Before leaving, Mr. Liang said that he would do what he could to hurry matters along, but it might be a week before he could lay the subject before the Grand Council. He thought, seeing my time was short, it would be better were I not to wait till a final decision was reached, but allow time for a full consideration by the Government. I urged the desirability of something definite being decided before I returned if that were possible.

Mr. Liang appears to have taken up the matter almost immediately after this talk, for he remarked to Sir John Jordan on the Saturday following, Wednesday being the evening at the Legation, that he had been discussing the subject with his colleagues and that he was afraid it would not be possible to conclude matters at once, the question would require some consideration, especially in regard to the effect of a policy of voluntary restriction on the possible attitude and demands of other countries. would send a communication in a day or two.

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On Sunday, the 28th March, a communication signed by Prince Ching and the other Ministers of the Wai-wu Pa was received by Sir John Jordan. Having been given by Sir John Jordan a copy of this communication, I sent a letter to Mr. Liang on the 30th March, mentioning that I would call at the Wai-wu Pa on the afternoon of that day.

I called at the Wai-wu Pu with Sir John and other members of the Legation during the afternoon. Mr. Laing, in referring to the communication of the Wai-wu Pu, said that as the whole question was a large one, and it was not possible to say definitely what the final decision ought to be, it had seemed advisable I should not be kept waiting, especially as it was known that I was anxious to return to Canada as soon as possible. He agreed that the whole subject had been frankly and thoroughly discussed. As, however, the Chinese Government were sending a Consul-General to Canada, it had been thought best to allow matters to stand over nutil he reached Ottawa. Mr. Liang, in conclusion, expressed the Chinese Government's appreciation of the friendly attitude of Canada, and I thanked him on behalf of the Canadian Government, for the time and care with which he had gone into the whole question in the several interviews.