CO129-376 - Governor Sir Lugard - 1911 [3-4] — Page 175

OPY.

Enclosure

C O

13129

Report of the Attorney-General in reply to the telegram of the

Secretary of State of 5th. March, 1911, in relation? ER DE

#

to the proposed Colonial Legislation

against conspiracy to de-

-feat the laws

of any part of the Empire.

167

E

1.

Evidently the words "laws for any person" are to be read into the telegram of the Secretary of State after the word *Singapore".

2. In reference to the subject of stowaways, Chinese emigration is regulated by Ordinances No. 1 of 1889, No. 34

of 1902, No.13 of 1904 and No. 4 of 1908, and by the Stow- -aways Ordinance 1903 (No. 5 of 1903) every person found on board any ship with intent to obtain a passage therein with- -out the consent of the owner charterer agent master or other person in charge thereof and the aiders and abettors of such

persons are liable to heavy penalties. We can therefore get

at anyone who conspires with another to evade or defeat the Immigration Restriction Act of Australia, provided he succeeds in getting the stowaway on board, by charging him with aiding and abetting under the last mentioned Ordinance; and if he does not get the stowaway on board we can, I think, try him at common law for conspiracy to cheat the steamship

company.

In the case of anyone of the ship's officers being a

party to the conspiracy it is obvious that he can be dealt

with in Australia and the Immigration Restriction Act 1908 of Australia makes the owners agents and charterers of the

vessel liable for bringing stowaways into the Commonwealth.

3.