THE HONGKONG GOVERNMENT GAZETTE, 11TH MARCH, 1876.
Statement of Objects and Reasons.
This Ordinance is introduced under the instructions of the Secretary of State, in order to place all Chinese Emigration under the direct control of the Governor. With this object, it will be seen that section I repeals so much of "The Chinese Emigration Consolidation Ordinance, 1874" as exempts ships on short voyages from obtaining the Governor's licence; and as enables the Go- vernor to allow certain other ships to go to sea without licences.
In order to prevent this change in the law from operating hardly upon shipowners, the licence fee is, by section II, to be reduced from one hundred dollars, to such moderate amount as the Council think will be sufficient to cover the charges incident to the licence and by section III the Governor is empowered to grant licences to remain in force for a definite time, or for a specified number of voyages.
Sections IV and V introduce a modification of the law, where it presses hardly upon two classes of Chinese passengers, who can scarcely have existed at the time of the passing of the Chinese Passengers Act of 1855. In the first place, well-to-do Chinese are required, by the terms of the law, to provide themselves with con- tract passage tickets, and to submit to inspection by the Emi- gration Officers, like the common coolies, with whom they are thus forced to travel; and the shipowner is unable to carry Chinese passengers except on these terms. Their case is met by section V, which removes all legal impediments to Chinese passengers tra- velling on the same terms as other men in the first or second cabin of any vessel which is provided with a general licence. Mail steam- ers and other vessels carrying on a regular passenger traffic, will be likely to obtain these licences, and this provision will apply to them, but not to vessels laid on for a single voyage with coolies.
The other class of passengers is dealt with by section IV and consists of domestic servants and labourers. It has been found that they are willing to engage for service in the Australian Colonies, and that employers are willing to engage them, but the Mail steamers are unable to carry them by reason of the contract of service, which the men naturally insist upon before starting. Such a contract disqualifies them for passages in vessels, which have been hitherto exempt from the provisions of section V of Ordinance No. 5 of 1874, or which under this Ordinance will be pro- vided with general licences. The Cape, and possibly other Colonies, will be seeking Chinese labour, and as the same difficulty would occur with them, the section has been drawn to include all British Possessions. As these emigrants will, on arrival, be under the protection of British law, and in Australia, at the Cape, and in other Colonies with representative institutions, will have the moral support of a very free public opinion, any risk of ill-treatment by their employers seems to be virtually impossible; and it is thought that if the Governor's sanction is made a necessary preliminary to the engagement of such persons, so as to ensure that their engagements are on proper conditions, this change may be allowed with complete safety.
Hongkong, 2nd March, 1876.
JOHN BRAMSTON, Attorney General.
An Ordinance enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, for divesting the Registrar General of his Judicial Functions.
[
1876.]
BE it enacted by the Governor of Hongkong, with the advice
of the Legislative Council thereof, as follows:---
Title.
Ord. No. 8 of
I. So much of section XXVIII of Ordinance No. 8 of 1858 as Repealing part relates to the judicial powers of the Registrar General, is of sec. 28 of hereby repealed, that is to say, the words "before the Registrar 1858. General if a Justice of the Peace, or (if the said person shall so demand)".
II. The following sections and parts of sections of "The Con- Repealing and tagious Diseases Ordinance, 1867," are hereby repealed:-
Sections V and VI,-The whole.
Section LXX,-From the word "Governor" in the third line
of the section to the end of the section. Sections XII, XIII, XIV, XXVI, XXVII, LIII, LVII, LXII, LXXI, and section XX in the third line from the end, The words "The Registrar General." Wherever the words "The Registrar General" are repealed as aforesaid, the section shall be amended by inserting the words "a Magistrate," and shall be read as if those words had been inserted in the section originally.
amending parts of Ord. No. 10 of 1867.
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