210
THE HONGKONG GOVERNMENT GAZETTE, 3RD MAY, 1873.
Statement of Objects and Reasons.
This Bill was prepared in January last upon the receipt of the EARL OF KIMBERLEY'S Despatch No. 173 of the 20th November, 1872, enclosing a copy of "The Kidnapping Act, 1872," and recommending the passing of an Ordinance in Hongkong em- bodying some of its provisions with the view of removing any pretence for the imputation that Residents in Hongkong partake in and profit by the Macao Coolie Trade.
From "The Kidnapping Act, 1872," for the suppression of the traffic carried on in the seas adjoining the Australasian Colonies,-- and from the Foreign Enlistment Act (33 & 34 Vic., c. 90), most of the Clauses of the Bill are taken, with such modifications as the circumstances of the case and the more limited powers of the Colonial Legislature render necessary.
The offences of detaining and carrying away by force or fraud any Chinese for the purpose of the Coolie Trade, are already pro- vided for by Section XIX of Ordinance No. 12 of 1868, and the offender is declared to be guilty of Felony and liable to as severe a punishment as penal servitude for seven years. That enactment, however, appears to apply only to the forcible or fraudulent deten- tion of Chinese for the purpose of Coolie Emigratio" from this Colony.
A perusal of the Hongkong Ordinances relating to Chinese Emigration, must satisfy every one that more stringent laws than those which already exist for the prevention of abuses, in relation to Chinese Emigration from this Colony, can scarcely be devised, and indeed, they are so stringent, that Emigration under the "Chinese Passengers' Act, 1855," has practically ceased to be carried on in Hongkong, and no case has ever occurred of an offence under Section XIX of Ordinance No. 12 of 1868.
It is an incontestable fact, however, with regard to Chinese Emigration from Macao, that instances of great cruelty and injustice towards Emigrants after they have left that port, and especially after their arrival at the port of destination, are con- stantly brought to light, and the provisions of the proposed Bill are directed to the prevention of any participation whatever by Residents of this Colony in the Profits arising out of, or connected with a system of Emigration which is attended with such deplor- able results.
The offences of decoying Chinese from this Colony to Macao, or of decoying them from the mainland of China into the Colony with a view to their transmission to Macao for the purposes of Emigration, have already been provided for by a Bill now before the Legislative Council, of which a copy has been transmitted to the Secretary of State.
It is unnecessary to say that no British ship can clear out with Chinese Emigrants from Macao; for the British Emigration Officer's Certificate for that purpose cannot be obtained, and without it, the ship would be liable under the "The Chinese Passengers' Act, 1855," to seizure and condemnation, and the Master would incur a severe penalty.
The new Bill, therefore, though general in its terms, is practi- cally directed against the building and equipping within the Colony of foreign ships for the purpose of Chinese Emigration from Macao, and it prohibits any participation in such Emigration.
The offences defiued by the Bill, are only punishable if com- mitted within the jurisdiction, and no person will be liable for doing any act prohibited by the Ordinance, if such act is done in pursuance of a contract entered into before the new Law is brought into force.
JULIAN PAUNCEFOTE,
Attorney General.
No. 79.
GOVERNMENT NOTIFICATION.
His Excellency The GOVERNOR is pleased to direct that Her Majesty's Birthday shall be kept in this Colony on the 29th instant.
By Command,
Colonial Secretary's Office, Hongkong, 3rd May, 1873.
No. 73.
GOVERNMENT NOTIFICATION.
CECIL C. SMITH, Acting Colonial Secretary.
It is hereby made known, that a Despatch has been received from Right Honorable the Secretary of State for the Colonies, intimating that the National Assembly of Spain has adopted for the
No comments yet.
Private notes are available after approval.