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THE HONGKONG GOVERNMENT GAZETTE, 11TH APRIL, 1874.
Statement of Objects and Reasons.
This Ordinance has been framed at the suggestion of the Secretary of State.
By Section II of "The Chinese Passengers' Act" of 1855, the Legislature of Hongkong was empowered to make regulations by Ordinance respecting Chinese Passenger Ships, a term which in- cludes all ships leaving the waters of the Colony with more than 20 Chinese Passengers and all British ships carrying above the same number from any Port of China, or within one hundred miles of the Coast thereof. By Section 3 of the same Statute, the Governor of the Colony was empowered to make certain Re gulations respecting such ships by proclamation.
Circumstances having since 1855 from time to time altered in many respects with regard to the emigration of Chinese, espe- cially in the matters of their destination and modes of convey- ance, legislation has been frequently resorted to for the purpose of meeting such changes, until, as now happens, the regulations affecting the whole subject have to be sought for in no less than 11 Ordinances in addition to the Imperial Statute, and in many proclamations scattered through the Government Gazettes. Å matter in itself intricate has thus been complicated almost beyond reasonable comprehension, and being one of grave importance, no doubt practical inconvenience must have resulted from this state of things.
By this Ordinance it is therefore proposed to consolidate all the existing local laws on Chinese Emigration. They have ac- cordingly been collected and rearranged in such a way that all the provisions affecting each particular branch of the subject form the matter of a separate section, such section, being where necessary, divided into paragraphs.
Such alterations as have been made are chiefly those which were necessitated by rearrangement; but beyond those there are a few actual changes in the law to which it is essential to draw
attention.
In paragraph 3 of section V, which corresponds to section IV of Ordinance 4 of 1870, the words "and shall also furnish the "like particulars where any exemption is applied for under para-
graph 2 of this section," are new.
"6
In paragraph 5 of the same section, the words “and the Go- vernor in Council may impose such conditions to the granting "of such license as he shall think expedient in such particular ( case, provided the same, &c.," are also new.
Paragragh 9 of the same section likewise forms an addition to the law. These alterations which have already received the sanction of the Secretary of State, although they have not yet been enacted here, are intended to confer larger powers on the Governor in Council to deal with cases where after any license has been granted to a vessel to carry passengers,
may turn out to be necessary to withdraw it before such vessel has left the Port.
Section VII, which refers to Hospital and Medical Inspection, is founded on Ordinances 6 of 1859 and 12 of 1868, and in recom- piling them it has been found convenient to abbreviate certain of the original clauses, leaving however the original meaning and intention untouched.
In paragraph 5 of this section, the words "Emigrants under "contracts of service" have been substituted for "intending emi- "grants by a passenger ship required by," as it stood in the original Ordinance 12 of 1868, paragraph 10.
As a matter of fact, emigrants not under contracts of service have never been medically inspected before embarkation as they are always so inspected on board ship, and no necessity exists in their case for a double inspection.
In paragraph 6 of the same section, the words "under contract "of service" have been added after the words "lawful for any "emigrant; " this has been done because emigrants not under contract are examined on board ship, and because by section VI paragraph 5 such emigrants are already compelled to produce embarkation or passage tickets in the form provided by Schedule D to this Ordinance. Section 13 of Ordinance 12 of 1868 is omitted because its subject matter seems already provided for in paragragh 4 of this section; and section 4 of Ordinance 6 of 1859 is also omitted, its object being apparently sufficiently met by para- graphs 1 and 4 of the same section.
In paragraph 1 of section 10 after the words " Chinese
every "Passengers Ship shall" have been inserted the words "if the 'Emigration Officer sees fit;" this has been done because the pro- visions in the original Ordinance 12 of 1868, section 4, were only intended to apply to emigrants under contracts of service, and in cases of emigrants not under such contracts it is obvious that such depôts are not essential.
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