724254-1857-HONGKONG-ANNO-VIGESIMO-PRIMO-VICTORIE-REGINE-No-11-of-1857 — Page 1

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The Honghong Government Gazette.

HONGKONG.

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ANNO VIGESIMO PRIMO VICTORIÆ REGINÆ.

No. 11 of 1857.

Br His Excellency SIR JOHN BOWRING, Knight, LL.D., Governor and Commander-in-Chief of the of Hongkong and its Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipotentiary Chief Superintendent of the Trade of British Subjects in China, with the Advice of the Legislative cil of Hongkong.

An Ordinance for Licensing and Regulating Emigration Passage Brokers.

[3d November, 1857.] Whereas it is expedient to amend existing legislation with reference to Emigrants: Be it Enacted Ordained by His Excellency the Governor of Hongkong, by and with the Advice of the Legislative cil thereof, as follows:

Title.

Preamble.

No Person to act

1. From and after the passing of this Ordinance, no Person shall act as a Passage Broker or in pro-

Passengers, for or in the Sale or Letting of Passages in any Emigrant Ship, unless he shall, with as a Passage Broker Kaficient Sureties to be approved by the Emigration Officer, have entered into a joint and several Bond without having enter-

tained a License. Sum of Five Thousand current Dollars to Her Majesty, Her Heirs and Successors, according to the ed into a Bond and ob- * contained in Schedule A, hereunto annexed, which Bond shall be renewed on each occasion of ring such License as hereinafter mentioned, and shall be deposited with the Emigration Officer; nor ss such Person shall have obtained a License to let or sell Passages, nor unless such License shall be in force; and where different members of the same Firm act as Passage Brokers, each l'erson so acting comply with the Terms of this Section.

may be

How Passage Brok- 11. Any Person wishing to obtain a License to act as a Passage Broker, shall make application for gime to the Emigration Officer, and the Emigration Officer is hereby authorised (if he shall think fit) er's Licenses ramt sich License according to the Form in Schedule B, hereunto annexed: Provided always, that obtained, Och License shall be granted unless such Bond as hereinbefore mentioned shall have been first entered :: Provided also, that any Justice or Justices of the Peace who shall adjudicate on any Offence against

Ordinance, are hereby authorized to order the Offender's License to be forfeited, and the same shall order Licenses to be ereupon be forfeited accordingly; and the said Justice or Justices making such order shall forthwith forfeited.

e notice of such forfeiture, in the Form contained in the Schedule C, hereunto annexed, to be mitted to the Emigration Officer, and such forfeiture shall be exclusive and independent of any other Shment which may be inflicted upon such Offender under the Provisions of this Ordinance. III. Every Person obtaining such License as aforesaid, shall pay to the Emigration Officer a Fee of 5 Hundred current Dollars, which Fee the Emigration Officer is hereby empowered and required to emand and receive upon the issuing of any such License; and the said Emigration Officer shall pay over 1.uch Fees to the Colonial Treasurer, to be applied to the Colonial Revenue.

Power to Justices to

Fee to be paid for Licenses.

How long Licenses to continue in

IV. All such Licenses shall continue in force until the 31st Day of December in the year in which License shall be granted, and for Fourteen Days afterwards, unless sooner forfeited as hereinbefore are entioned: Provided, that any License granted before the 31st Day of December in the present year, shall force.

tinue in force till the 31st Day of December 1858, and for Fourteen Days afterwards.

Contract Tickets for

V. Every Passage Broker who shall or may receive Money from any Person, for or in respect of a age in any Emigrant Ship, shall give to every such Person a Contract Ticket, under the hand of such Passages. Fuge Broker, and stamped with his Seal or Trade Mark,—each Ticket to be printed in a plain and legible pe, according to the Form in the Schedule D, hereunto annexed, and to be accompanied with a Trans- on thereof in the Chinese Language, in plain and legible Characters.

Passage Brokers to VI. Every such Passage Broker before he shall receive or take any Money on account of any such sage, or for the sale or letting of the whole or any part of the Accommodation of or in any Emigrant Ship produce to Emigration they have chartered cecding from Hongkong, shall produce to the Emigration Officer the Certificate of the Master or Owner Officer Certificate that the Ship, in respect of which such Passage shall or may have been taken, or the Accommodation the Ship for carrying * which shall have been so sold or let, to the effect, that such Ship has been chartered for the purpose Emigrants.

carrying Emigrants, and that he, such Passage Broker, is authorized to receive Payment for such Passage, for the Sale or Letting of the Accommodation in such Ship; and such Certificate shall be filed in the

e of the Emigration Officer, and the Contents thereof entered in a Book to be kept by the Emigration Måter, for recording therein the Contents of such Certificates,

VII. On every occasion of the delivery to any Passenger of such Contract Ticket as aforesaid, the ze Broker who shall have engaged to provide such Passenger with a l'assage shall attend with him at Se Office of the Emigration Officer, in whose presence the Contract Ticket shall be delivered to such Juenger, and who shall explain to him the true Intent and Meaning of such Contract.

VIII. No Person shall fraudulently alter or cause to be altered, after it is once issued, or shall induce * Person to part with or render useless or destroy any such Contract Ticket, during the continuance of # Contract which it is intended to evidence.

Passage Broker to attend before Emigra- tion Officer for the purpose of delivering

the Contract Tickets to Passengers.

Contract Tickets not to be altered.

Agents not to act

IX. No Licensed Passage Broker shall, as Agent for any Person, whether a Licensed Broker or not, tive Money for or on account of the Passage of any Passenger on board an Emigrant Ship, without without written Au ating a written Authority to act as such Agent, or on the demand of the Emigration Officer, refuse or fail thority, and to pro- exhibit his License and such written Authority; and no Person whether as Principal or Agent shall, duce their Authority any Fraud, or by false Representation as to the Size of the Ship or otherwise, or by any false Pretence *atsoever, induce any Person to engage any Passage as aforesaid.

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on demand.

Penalties for Of

X. All Violations or Disobediences of, or Defaults in Compliance with, the Provisions of this Ordi rance, shall be heard and determined summarily under Ordinance No. 10 of 1844; and on conviction of such fences.

fences, the respective Offenders shall be sentenced to pay the several Penalties, or in default of the yment thereof, to suffer the several Terms of Imprisonment respectively hereinafter specified.

1. For every Offence against Section One, a Fine not exceeding Four Hundred current Dollars, 1. Against Section I.

or Imprisonment for a Term not exceeding Six Months.

2. For every Offence against Section Five, a Fine not exceeding Fifty current Dollars, or Impri- 2. Against Section V.

sonment for a Term not exceeding Six Weeks.

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3. For every Offence, against Sections Six or Nine, a Fine not exceeding One Hundred current

Dollars, or Imprisonment for a Term not exceeding Three Months.

8. Against Sections VI. and IX.

4. For every Offence committed by a Passage Broker against Section Seven, a Fine not exceeding ~ 4. Against Section

One Hundred current Dollars, or Imprisonment for a Term not exceeding Three Months.

VII.

5. For every Offence against Section Eight, a Fine not exceeding Fifty current Dollars, or Impri- 5. Against Section

sonment for a Torni not exceeding Two Months.

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VIII.

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