Sessional_Paper_1901 — Page 811

Sessional Papers 議政定例兩局文件 All

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C.-That a knowledge of the earnings of public coolies makes private coolies discontented and induces them to leave private employ at the earliest opportunity.

D. That they sometimes object to give their whole time to their masters"

service.

E. That if they leave a master, they can usually find employment with

another master or obtain other work.

10. As to whether it is advisable and practicable to introduce any, and (if any) what legislation on the subject, our answer is yes, and we append a draft Bill which we think would meet the case. (See Appendix F.)

11. We are aware that the provisions of the Victoria Registration Ordinance No. 7 of 1866 affecting the registration of servants and repealed by Ordinance 13 of 1888, were not worked with much success. The reasons for this failure, were, we believe, the absence of photography, laxity in enforcing those provisions, indifference on the part of masters, the preference of personal convenience to the general advantage, the doubtful applicability of sub-section 3 of section 3 of Ordinance 14 of 1845 to other than domestic servants, the fraudulent transfer of certificates of registration, and, probably, the payment of a registration fee.

12. The draft Bill referred to in para. 10 provides, inter alia, for compulsory regis- tration at the Central Police Station, for the photographing of every private coolie, for the regulation of the conduct of private coolies, and for making it penal for masters to engage unregistered coolies and for unregistered coolies to seek or obtain employment in the same capacities.

13. We are decidedly of the opinion, which the evidence supports, that to be effect- ive, registration must be compulsory, universal, and in the hands of the Police Depart-

ment..

We think that the scheme of registration embodied in the draft Bill, will give both the Police and masters desirable and, we trust, effective control over private coolies.

14. In answer to question 6 of Appendix C. "Whether persons who engage un- registered private chair and ricksha coolies should be liable to a fine in the Police Court", there were 78 ayes, 26 conditional ayes, and 24 nays. The evidence of Mr. POATE shows that there was misapprehension as to the meaning of this question. When it was explained to him that it was not proposed to punish the master, and leave the coolie alone, he adopted the view of this Commission, that no scheme of registration could be successfully enforced if masters were not made liable for en- gaging unregistered coolies. If this is borne in mind, it is evident that the majority of "ayes" in favour of making such masters liable would probably have been greater; as it is, the proportion of "ayes" to "nays" is that of more than 3 to 1..

15. We recommend that registration shall be free, because the payment of a fee in former times may have conduced to render the former Ordinance nugatory, and because the existence of a fee may be made the ground for demanding higher wages.

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16. Apart from the reason that the omission of the penal clause affecting masters will defeat the whole purpose of registration, we consider that it would be unjust to punish the coolie who offers his services and not also the person who accepts those services.

17. Generally, we think that registration will tend to weed out of the ranks of private coolies the bad characters sometimes met with, because persons unfavourably known to the Police would not be registered.

18. Some persons fear that registration will tend to limit the number of coolies now available, and therefore wish to be at liberty to engage unregistered coolies who may offer themselves. The limitation of numbers; it is said, will arise (1) from the

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