the-ordinances-of-the-legislative-counci-1890v3 — Page 52

ORDINANCE No. 5 OF 1874. 1335


Chinese Emigration.


Licensing of " Chinese Passenger Ships."

5. No Chinese passenger ship, except ships about to proceed on a voyage of not No Chinese
passenger ship to
more than thirty days' duration within the meaning of section 8 of this Ordinance, preceed to sea
without a
licence from the
shall clear out or proceed to sea, and the emigration officer shall not grant the certificate Governor.
[Ord. 4 of 1870,
prescribed by section 4 of " The Chinese Passengers' Act, 1855," unless the master of sec. 3.]
[For amendments
such ship shall be provided with a licence under the hand of the Governor and the see Ord. No. 1 of
1876 which was
public seal of the Colony to be obtained in manner hereinafter mentioned . repealed by Ord.
No. 3 of 1876.]
2. It shall be lawful for the Goyernor in Council, from time to time, to exempt Power to exempt
certain vessels
from the opera
from the operation of this section , any mail steamers or other vessels which are subject tion of this
section.
to the provisions of " The Chinese Passengers' Act, 1855 ," provided that the Chinese [Ibid, sec. 11.]
passengers proceeding in such vessels be free emigrants and under no contract of
service whatever. [ Repealed by Ord. No. 1 of 1876 but revived by Ord. No. 3 of 1876.]
Time and mode
3. The owners or charterers of every such Chinese passenger ship, or if absent of application
for licence.
from the Colony their respective agents, shall, before such ship is laid on for the con [Ibid, sec. 4.]
veyance of Chinese emigrants and before any depôt is opened for their reception , apply
in writing to the Colonial Secretary for a licence 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 destination of the said ship and as to all other matters relating
to the intended voyage and emigration which may be required of them, and shall also
furnish the like particulars where any exemption is applied for under paragraph 2 of
section.

4. All such particulars shall , if so ordered , be verified upon oath before the emi Punishment for
furnishing
gration officer or any Justice of the . Peace, and every person who shall knowingly untrue parti
culars.
[Ibid, sec. 5.1
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.

5. The granting of every such licence shall be in the discretion of the Governor Conditions of
licence and
in Council and shall be subject to the payment of a fee of one hundred dollars [ See amount of fee.
[Ibid, sec. 6.]
Ords. Nos. 1 and 3 of1876] 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 , Governor in
Council may
and the Governor in Council may impose such conditions on the granting of such licence impose condi
tions.
as he shall think expedient in each particular case, provided the same shall not be
contrary to or inconsistent with such instructions.

6. Every licence [ See Ords. Nos. 1 and 3 of 1876] grauted under this section in Licence to
specify time of
respect of any Chinese passenger ship shall specify the period within which such ship departure ;
proviso for
extension
shall clear out and proceed to sea : Provided always that it shall be lawful for the thereof.
[Ibid, sec. 7.3
Governor in Council, from time to time, to extend such period.

7. In case it shall be shown to the satisfaction of the Governor in Council at any Power to remove
master or other
time before the departure of a Chinese passenger ship that the master, mate, or any officer.
[Ibid, sec. 8.]
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