CO129-522-9 Chinese labour in Western Samoa 22-10-1929 - 19-1-1931 — Page 32

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Secretary for Chinese Affairs to obtain further information

on the point from Messrs. Gibb, Livingston and Company.

I enclose a copy of their reply. Clause 5 of the conditions

of employment states "No labourer arriving in Western Samoa

shall be punished by fine or imprisonment for any breach of

service" and this is in accordance with the provisions of

the Samoa Free Labour Ordinance.

3.

It appears that the insertion of this additional

clause in the labourers' agreement is intended to regularize

a practice which has been in force for some time. It seems

clear also that some such deterrent is desirable if the

Government and the employer are not to suffer unnecessary

loss should the labourer without good reason absent himself

from work. I understand that in Samoa where the pay of

causal labour is often high the temptation to 'malinger

may be great, while, particularly on cocoa plantations, the

temporary absence of his workmen may at times cause an

employer very serious loss.

Eittery

There is no reason either to suppose

to suppose that the

provision will inflict any undue hardship on the labourers

or that the words "of their own fault" and "without valid

reason" will be interpreted other than fairly.

4.

In the circumstances therefore I see no serious

objection to the inclusion in the agreement of the clause

as it stands. But in view of the fact that a question of

principle is involved I submit the matter for Your Lordship's

instructions.

I have the honour to be,

My Lord,

Your Lordship's most obedient,

humble servant,

w.D. Southorh.

Officer Administering the Government