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154

THE HONGKONG GOVERNMENT GAZETTE, 2ND APRIL, 1870.

•

Title.

Preamble.

Short Title.

Interpretation of "Chinese Passenger Ship."

No Chinese

Passenger

to Sea without

HONGKONG,

ANNO TRICESIMO TERTIO

VICTORIE REGINÆ. ··

SIR RICHARD GRAVES MACDONNELL, Knight, C.B., Governor and Commander-in-Chief.

No. 4 or 1870.

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to make further Regulations respecting Chinese Passenger Ships.

[30th March, 1870.] HEREAS by Section II of "The Chinese Passengers Act, 1855," it is enacted that it shall be lawful for the Legisla- ture of Hongkong, by any Ordinance to be by them enacted for that Purpose to make Regulations respecting Chinese Passenger Ships subject to the Proviso therein contained as to Her Majesty's Confirmation of the same; Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-

"The

I. This Ordinance may be cited for all Purposes as Hongkong Emigration Ordinance, 1870."

II. In the Interpretation of this Ordinance, the Expression "Chinese Passenger Ship" shall have the same Meaning as that prescribed by Section III of "The Hongkong Emigration Ordinance, 1868."

III. From and after the Passing of this Ordinance, no Chinese Passenger Ship shall clear out or proceed to Sea, and the Emigra Ship to proceed tion Officer shall not grant the Certificate prescribed by Section IV a License from of the "Chinese Passengers Act, 1855," unless the Master of the Governor. such Ship shall be provided with a License under the Hand of the Governor and the Public Seal of the Colony to be obtained in Manner hereinafter mentioned.

Time and Mode

for. License.

IV. The Owners or Charterers of every Chinese Passenger Ship, of Application or if absent from the Colony their respective Agents, shall, before such Ship is laid on for the Conveyance of Chinese Emigrants and before any Depôt is opened for their Reception, apply in Writing to the Colonial Secretary for a License under the Hand of the Governor and the Public Seal of the Colony for the Conveyance of such Emigrants and shall furnish all Particulars as to the Destina- tion of the said Ship and as to all other Matters relating to the intended Voyage and Emigration which may be required of them. V. All such Farticulars shall, if so ordered, be verified upon for furnishing Oath before the Emigration Officer or any Justice of the Peace, and every Person who shall knowingly furnish untrue Particulars shall be liable to Imprisonment with or without Hard Labor, for any Period not exceeding Six Calendar Months, and to a Fine not exceeding One hundred Dollars, either in Addition to or in Substitution of such Imprisonment.

Punishment

untrue Particulars.

Conditions of License and amount of Fee.

License to specify Time

VI. The Granting of every such License shall be in the Discre- tion of the Governor in Council and shall be subject to the Payment of a Fee of One hundred Dollars and to such Conditions as may from Time to Time be prescribed under Instructions from Her Majesty's Principal Secretary of State for the Colonies.

VII. Every License granted under this Ordinance in respect of any Chinese Passenger Ship shall specify the Period within of Departure; which such Ship shall clear out and proceed to Sea: Provided always that it shall be lawful for the Governor in Council from Time to Time to extend such Period.

Proviso for extension

thereof.

Power to

or other

Officer.

VIII. In Case it shall be shown to the Satisfaction of the remove Master Governor in Council at any Time before the Departure of a Chinese Passenger Ship that the Master, Mate or any other Officer of such Ship is unfit for the proper Discharge of his Duties by reason of Incompetency or Misconduct, or for any other sufficient Cause, it shall be lawful for the Governor by Order under his Hand to dis- charge and remove such Master, Mate, or other Officer from the said Ship, and thereupon the Owners or. Charterers thereof, or their Agents, shall forthwith appoint a Master or Mate, or other Officer as the Case may be, to be approved by the Emigration Officer in the Place of the One so discharged, and removed as aforesaid.

IX. In any of the following Cases, namely:-

M

Power to revoke and cancel License.

1st. If it shall appear to the Satisfaction of the Governor in Council at any Time before the Departure of a Chinese Passenger Ship that the Particulars furnished in relation thereto under Section IV are untrue, or that any Condition of the said License has been violated;

2nd. If any Chinese Passenger Ship shall fail to clear out and proceed to Sca, within the Period specified in the License granted under this Ordinance, or within such extended Period as aforesaid;