CO129-422 - Governor Sir May - 1915 [5-6] — Page 68

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

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9. Clauses 15 to 20.-It is thought that the new draft clauses are an im- provement on the old draft in the following respects:-

(a) The question of discretion as to issue is all dealt with in one

clause, 15.

(6) The conditions precedent to the issue of a licence, which, with the exception of the fee, are the same in the case of all the licences, are collected in one clause, 16.

(e) The form of the old clauses 16 (a) and 17 (b) and (e) was awkward,

though the meaning was clear.

(d) The references in the old clauses 15 (e), 16 (c), and 17 (ƒ) to re- strictions on the powers there conferred seemed inadvisable and unnecessary, especially in the case of the Governor.

(e) The prohibition against carrying contract emigrants is dealt with in one clause, 17. In the old draft it was contained in clauses 13, 17 (d), and 18 (2) (a).

(f) With regard to the okl clauses 18 (1)(a) and 19 (1), it is obvious that these provisions are not applicable to special licences. The point, as regards outport licences, is dealt with in clause 19.

(9) The question of cancellation is all dealt with in one clause, 20, which is at the same time thought to be clearer than the former provisions.

10. Clause 38-This has been re-drafted because the old clause seemed to require the personal attendance of the Secretary for Chinese Affairs. It is hoped that the new draft clause is also an improvement in form on the old draft.

11. Clauses 50, 51 and 58.--The omissions in these clauses are consequen- tial on the alteration of clauses 15, 16 and 17, above. "False oath" in the

narginal note to clause 51 seems preferable to "contravention of section 38".

12. Clause 54.--The alteration here is consequential on the adoption of the new draft of clause 38.

13. Clause 61.—A suspending clause seems required under section 2 of the Chinese Passengers Act, 1855.

14. Third Schedule. The former draft was not appropriate to all forms of licence.

15. Fourth Schedule. (a) Regulation 7.--The former draft contained no dietary scale for any but Chinese. The present draft contains a scale for Indians also which was arrived at after reference to the Captain Superintendent of Police and consultation with the Officer Commanding the Army Service Corps in Hongkong. It was thought better to leave the term "Indian undefined.

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(b) Regulation 16.—The old draft failed to make provision for the case of a British ship carrying emigrants from Hongkong, as the term "British emigrant ship applied only to ships carrying emigrants from outports.

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(c) Regulation 20.—The old draft contained no provision for life saving or fire appliances in the case of short voyages on general or outport licences,

16. Fifth Schedule. This schedule now contains a scale for Indians and provision for life saving and fire appliances.

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17. Sixth Schedule.-(a) Regulation 4 (8).—This schedule now contains a scale for Indians.

(b) Regulation 4 (9). The words "for Chinese passenger ships" have been omitted.

(c) Regulation 6.—This has been dealt with in the same way as Regulation 16 of the Fourth Schedule, referred to above.

(d) Regulation 8.-It was thought advisable to add the words in italics to forestall a possible defence in the case of a ship with no passenger certificate under section 10 of the Merchant Shipping Ordinance, 1899.

(e) Regulation 10, Form of Summary.--This form has been slightly altered.

18. Tenth Schedule. An alteration in this schedule was necessary ou account of the recasting of clauses 15 to 20.

19. Eleventh Schedule.-This contains the forms of licence.

19th April, 1915.

J. H. KEMP,

Attorney General.

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