691096-1877-Queensland-Emgration-Act- — Page 1

444

No. 212.

THE HONGKONG GOVERNMENT GAZETTE, 6TH OCTOBER, 1877.

GOVERNMENT NOTIFICATION.

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The following Act passed by the Government of Queensland to regulate the Immigration of Chinese into that Colony is published for general information.

By Command,

CECIL C. SMITH, Acting Colonial Secretary.

Colonial Secretary's Office, Hongkong, 5th October, 1877.

Preamble.

Interpretation.

Master on arrival to

give list of Chinese aboard.

Number of Chinese ships may carry. Penalty.

£10 to be paid for

each Chinese arriving

by vessel.

Penalty.

Vessel forfeited.

Like sum for Chinese arriving otherwise,

Certificate of sum paid to be given to Chinese and to be evidence.

Mode of application of payments.

Penalty on not pay- ing or having had

W

No. 8.

An Act to regulate the Immigration of Chinese and to make provision against their becoming a charge upon the Colony.

[ASSENTED TO 20th August, 1877].

HEREAS it is expedient to regulate the Immigration of Chinese into the colony of Queensland and to obtain security for the payment of any expenses that may be incurred in respect of such Immigrants and of any fines or penalties imposed upon them Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled and by the authority of the same as follows-

1. For the purposes of this Act the following words in inverted commas shall unless the context other- wise indicate bear the meanings set against them respectively—

"Chinese-Any native of the Chinese Empire or its dependencies not born of British parents "Vessel"-Any ship or other sea-going vessel of whatsoever kind or description

"Master "The person other than a pilot for the time being ia actual command of any such vessel. 2. The master of every vessel having Chinese on board shall immediately on his arrival from beyond the colony in any port of the colony and before making any entry at the Customs deliver to the Collector or other principal Officer of Customs a list of such Chinese specifying the name the place of birth the apparent age the ordinary place of residence the place and date of shipment and the calling or occupation of each such Chinese And for each default herein such master shall be liable to a penalty not exceeding two hundred pounds.

3. If any vessel shall arrive in any port in Queensland having on board a greater number of Chinese passengers than in the proportion of one to every ten tons of the tonnage of such vessel according to the registry thereof if British and if not then according to the measurement defined by "The Merchant Shipping Act 1854" the owner charterer or master of such vessel shall be liable on conviction to a penalty not exceeding ten pounds for each Chinese passenger so carried in excess.

4. Before any Chinese arriving from beyond the colony shall be permitted to land from any vessel and before inaking any entry at the Customs the master of the vessel shall pay to such Collector or other principal officer the sum of ten pounds for every such Chinese to be applied in manner hereinafter provided and no entry shall be deemed to have been legally made or to have any legal effect until such payment shall have been made.

And if any master shall neglect to pay any such sum or shall land or permit to land any Chinese at any place in the colony before such sum shall have been paid for or by him or before such list shall have been delivered such master shall be liable for every such offence to a penalty not exceeding twenty pounds for each Chinese so landed or permitted to land in addition to the amount of such sum.

And in every such case in addition to any such penalty the vessel shall be forfeited and may be seized condemned and disposed of in like manner as ships forfeited for a breach of any law relating to the Customs. 5. Every Chinese arriving in the colony after the passing of this Act otherwise than by any vessel shall pay or have paid for him to some officer whom the Governor in Council may appoint at any places on or near the borders of the colony or otherwise conveniently situate for that purpose a like sum of ten pounds. 6. The Collector or other officer receiving such sum from or for any Chinese shall without demand forthwith give him a certificate in writing under his hand of the payment of such sum which certificate shall be in a form to be prescribed by the Governor in Council And such certificate whensoever and wheresoever produced by such Chinese shall be conclusive evidence on behalf of himself and of any other person who may have paid such sum for him that such sum has been duly paid.

7. All sums so paid by or on behalf of any Chinese shall be paid over to the Colonial Treasurer and be by him applied in manner following that is to say--

If at any time within three years from the date of the landing or arrival of any Chinese in respect of whom such sums shall have been paid such Chinese shall depart from the colony to parts beyond the seas and shall before his departure prove to the satisfaction of the Colonial Treasurer that during his residence in the colony he has not been confined in any gaol or lock-up after conviction of any offence and that he has paid all fines and penalties imposed upon him under the provisions of any Act in force in the colony and that he has paid all expenses incurred in respect of his confinement or medical treatment in any public hospital benevolent asylum lunatic asylum or other place for the care treatment or cure of the sick poor or insane and that no expense or charge has fallen upon the revenue for his support then upon production to the Collector or other Principal Officer of Customs at the port of embarkation of the certificate given to such Chinese on his arrival the amount so paid in respect of such Chinese shall be repaid to him on board of the ship by which he shall so depart But if he shall fail to make such proof within the period aforesaid the amount shall be paid into the Consolidated Revenue.

*

8. If any Chinese shall enter or attempt to enter the colony without paying or having paid for him the sum of ten pounds aforesaid he shall besides such sum be liable to a penalty not exceeding ten pounds paid fee for entrance and may be apprehended and taken before any justice of the peace who may take sufficient bail for his appearance at the next court of petty sessions or remand him to such court as to such Justice shall seem fit unless and until such Chinese shall produce a certificate of payment as aforesaid.

to the colony.

Evidence of person being a Chinese.

9. At the hearing of any prosecution under this Act the Justices may decide upon their own view and judgment whether any person charged or produced before them is a Chinese within the meaning of this Act.