LABOUR CONVENTION

LABOUR CONVENTION

6.-LABOUR CONVENTION.
CONVENTION between Great Britain and China respecting the Em-
ployment of Chinese Labour in British Colonies and Protectorates.
Signed at London, 13th May, 1904.

WHEREAS a Convention between Her Majesty Queen Victoria and His
Majesty the Emperor of China was signed at Pek-ing on the 24th
October, 1860, by Article V & of which His Imperial Majesty the Em-
peror of China consented to allow Chinese subjects, wishing to take
service in British Colonies or other parts beYond the seas, to enter into
engagements with British subjects, and to ship themselves and their
fainilies on board of British vessels at the open ports of China in
conformity with RecUlations to be drawn up between the two Govern-
ments for the protection of such emigrants;

TREATY OF PEKING, 24th October, 1860.

Article V. Chinese Coolie Emigration-As soon as the rati-
fications of the Treaty of 1858 shall have been exchanged,
His Imperial Majesty the Emperor of China will, by
Decree, command the high authorities of every province
to proclaim throughout their jurisdictions, that Chinese
choosing to take service in the British Colonies or other
parts beyond the seas are at perfect liberty to enter into
engagements with. British subjects for thay purpose, and
to ship themselves and their families on board any British
vessel at any of the open ports of China; also that the
high authorities aforesaid shall, in concert with Her
Britannic Majesty's Representative in China, frame such
regulations for the protection of Chinese, emigrating as
above, as the circumstances of the different open ports
may demand.





AND WHEREAS the aforesaid Regulations have not hitherto been framed,
His Majesty the King of the Uited Kingdom of Great Britain and
Ireland and of theBritish Dominions beyond the Seas, emperor of India,
and His Majesty the Emperor of China hae accordingly appointed the
following as their respective Plenipotentiaries, that is to say:-

His Majesty the King of the United Kigdom of Great Britain
and Ireland and of the British dominions beyond the Seas, Emperor of
India, the Most Honourable Henry Charles keith Petty-Fitzmaurice,
Marquess of Lansdowne, His Majesty's Principal Secretary of State for
Foreign Affairs; and

His Majsty the emperor of China, chaug Teh-Yih, Brevet Lieutenant-
General of the chinese Imperial Forces, His Imperial Majesty's Envoy
Extraordinary and Minister Plenipotentiary at the Court of His majesty
the King of the United KIngdom of Great Britian and Ireland and of the
British dominions beyond and Seas, Emperor of India;

And the Said Plenipotentiaries having met and communicated to cach
other their respective full powers, and found them in good and due
form, have agreed upon and concluded the following Articles:-

I. As the Regulations to be framed under the above-mentioned treaty
were intended to be of a general charater, it is herby agred that on
each occasion when indentured emigrants are required for a particular
British Colony or Protectorate beyond the seas, His Britannic Majesty's
Minister in Peking shall notify the Chinese Government, stating the
name of the paticular Colony or Protectorate for which the emigrants are
rquired, the name of the Treaty port at which it is intended to embark
them, and the terms and conditions on which they are to be engaged;
the chinese government shall therupon, without requiring further
formalities, immediately insturct thelocal authorities at the specified
Treaty Port to take all the steps necessary to facilitiate emigration. The
notification herein referred to shall only be required once in th case of
each Colony or Protectorate, except when emigration under indenture to
that Colony or Protectorate from the specified Treaty Port has not taken
place during the preceding three years.

II. On receipt of the instructions above referred to, the Taotai at the part
shall at once appoint an officer, to be called the chinese Inspector, who,
together with the British Consular Officer at the port, or his delegate.
shall make know by Proclamation and by means of the native press the
text of the Indenture which the emigrant will have to sign, and any
paticualrs of which the Chinese officer considers it essential that the
emigrant shall be informed, respecting the country to which the emigrant
is to proceed, and respecting its laws.

III. The British Consular officer at the port, or his delegate shall con-
fer with the Chinese inspector as to the ocation and installation of the
offices and other necessary buildings, hereinafter called the emigration
Agency, which shall be erected or fitted up by the British Government.
and at their expense, for the purpose of carrying on the business of the





engagement and shipment of the emigrants, and in which the Chinese
Inspector and his staff shall have suitable accon-imodation for carrying
oil their duties.

iv.-(1) There shall be posted up in conspicuous places throughout the
Emigration Agency, and more especially in that part of it called the
Depot, destined for the reception. of intending emigrants, copies of the
Indenture to be entered into with the emigrant, drawn up in the Chinese
and English languages, together with copies of the special Ordinance,
if ally, relating to immigration into the particular Colony or Protectorate
for which the emigrants are required.
(2) There shall be kept a register in English and in Chinese, in which
the names of intending indentured emigrants shall be inscribed, and ill
this register there shall not be inscribed the naine of ally person who is
under 20 years of age, unless he shall have produced proof of his having
obtained the consent of his parents or other lawful guardians to emigrate,
or, in default of these, of the Hagistrate of the district to which he
belongs. After signature of the indenture according to the Chinese
manner, the emigrant shall not be permitted to leave the Wpot, previously
to his embarkation, without a pass signed by the Chinese Inspector'
and countersigned by the British Consular Officer or his delegate, unless
he shall have, through the Chinese Inspector, renounced his agreement
and withdrawn his name from the register of emigrants.

(3) Before the sailing of the ship each emigrant shall be carefully
examined by a qualified medical officer nominated by the British
Consular Officer or his delegate. The emigrants shall be paraded before
the British Consular Officer or his delegate and the Chinese Inspector
or his delegate, and questioned with a view to ascertain their perfect
understanding of the indenture.
V. All ships employed in the conveyance of indentured emigrants from
China under this Convention shall engage and embark- theni only at a
Treaty Port, and shall comply with the Regulations contained in the
schedule hereto annexed and forming part of the Convention.
VI. For the better protection of the emigrant, and of ally other Chinese
subject who may happen to be residing in the Colony or Protectorate to
which the emigration is to take place, it shall be competent to the
Emperor of China to appoint a Consul or Vice-Consul to watch over
their interests and well-being, and such Consul or Vice-Consul shall
have all the rights and privileges accorded to the Consuls of other
nations.
VII. Every indenture entered into under the present Articles shall
clearly specify the name ofthe country for which the labourer is required,
the duration of the engagement, and, if renewable, on what terms, the
number of hours of labour Per working day, the nature of the work, the
0





rate of wages and mode of payment, the rations, clothing, the grant of a
free passage out,and where such is provided for therein, a free passage
back to the port of embarkation in China for himself and family, right to
free medical attendance and medicines, whether in the Colony or Pro-
tectorate or on the voyage from and to the port of embarkation in China.
and any other advantages to which the emigrant shall be entitled. The
indenture may also profide that the emigrant shall, if considered necessary
by the medical authorities, be vaccinated on his arival at the Depot, and,
in the event of such vaccination being unsuccessful, revaccinated on
board ship.

VIII. The indenture shall be signed, or in case of illiteracy marked,
by the emigrant after the Chinese manner, in the presence of the Chinese
Iuspector or his delegate and of the British Consular Officer or his
delegate, who shall be responsible to ttheir respective Government for
its provisions having been clearly and fully explained to the emigrant
previous to signature. To each emigrant there shall be presented a copy
of the indenture drawn up in Chinese and English. Such indenture
shall not be considered as definitive or irrevocable until after the em-
barkation of the emigrant.

IX, In every British Colony or Protectorate to which indentured
Chinese emigrants proceed, an officer or officers shall be appointed,
whose duty it shall be to insure that the emigrant shall have free access
to the courts ofJustice to obtain the redress for injuries to his person
and propety which is secured to all persous, irrespective of race, by the
local law.

X. During the sojourn of the emigrant in the Colony or Protectorate in
which he is employed, all possible postal facilities shall be afforded to him
for communicating with his native country,and for making remittances
to his family.

XI. With regard to the repartriation of the emigrant and his family,
whether on the expiration of the indenture or from any legal cause, or in
the event of his shall always be to the port of shipment in China.
understood that this shall always be to the port of shipment in China.
and that in no case shall it take place by any other means than actual
conveyance by ship, and payment of money to the returning emigrant
in lieu of passage shall not be admissible.

XII. Nothing in any indenture framed under these Aticles shall con-
stitute on the part of the employer a right to transfer the emigrant to
another employer oflabour without the emigrant's free consent and the
approval of his Consul or vice-Consul; and should any such transfer or
assigument take place, it shall not in any way invalidate any of the
rights or privileges of th emigrant under the indenture.





XIII. It is agreed that a fee oil. each indentured emigrant shipped
under the terms of this Convention shall be paid to the Chinese Govern-
ment for expenses of inspection, but no payment of any kind shall be
made to the Chinese Inspector or any other official of the Chihese Govern-
ment at the port of embarkation. The above fee shall be paid into 'the
Customs bank previous to the clearance of the ship, and shall be calculated
at the following rate :- 3 Alexican dollars per head for and number of
emigrants not exceeding 10,000, and 2 dollars per head for any number
in excess thereof, provided they are shipped at the same Treaty Port,
and that not more than twelve months have elapsed since the date of the
last shipment.
Should the port of embarkation have been changed, or a space of more
than twelve months have elapsed since the date of the last shipment.,
inspection charges shall be paid as in the first instance.
XIV. The English and Chinese text of the present Convention have
been carefully prepared, but in the event of there being any difference.
of meaning between thein, the sense as expressed in the English text
shall be held to be the correct sense.
XV. The present Convention shall come into force on the date of its
sinature and remain in force for four years from that date, and after
such period of four years it shall be terminable by either of the High
Contracting Parties on giving, one year's notice.

In witness whereof the Plenipotentiaries have signed the present
Convention, and have affixed thereto their seals.

Done at London in four copies, two in English and two in Chinese,
this 13th day of May of the year 1904.

SCHEDULE.

Regulations.
SHIPS employed in the transport of indentured emigrants from China under this
Convention must be seaworthy, clean, and properly ventilated, and, with regard to the
following matters, shall comply with conditions as far as possible equivalent to those in
force in British India with reference to the emigration of natives from India:-
Accommodation required on board (vide section 57 of 'The Indian Emigration Act
1833')
Sleeping accommodation, consisting of wooden sheathing to the decks or sleeping
platforms (vide rule regarding 'iron decks', as amended the 16th August, 1902, in
Sebedule 'A' to the rules under. The Indian Emigration Act, 1883 ').
Itules as to space on board (vide section 58 or ' The Indian Emigration Act, 1883
Carriage of qualified surgeon, with necessary medical stores. -
Storage of drinking water (vide rule 113, as amended the 24th February, 1903, under
The Indian Fmigration Act, 1883 ').

This Act was repeale d and replaced by No. 17 of 1908. There is unfortunately
no copy in the Colony of the rules made under the new Act.





Provision of adequate distilling apparatus (ride Schedule ' C' to the rules under
The Indian Emigration Act, 1813).
The dietary for each indentured emigrant on board ship shall be as follows per day:-
Not less than
Rice, not less than 11 lb., or flour or bread stuffs I~ th.
Fish (d ried or salt) or meat (fresh or preserved)- 0.1
Fresh ve-etibles of suitable kinds... ... ... ... 1
it ........................ ... ... 1 oz.

Chinese tea
Chinese condiments i sufficient quantitics.
Water, for drinking and cooking ... ... ... 1 gallon.
or such other articles of food as may be substituted for any of the articles enumerated in
the foregoing scale as being in the opinion of the doctor on board equivalent thereto.
Notification to be made on each occasion. Appointment of Chinese Inspector. Publication of indenture, &c. Emigration agency. Register of intended emigrants. Signature of indenture, &c. Medical inspection. Vessels conveying emigrants. Appointment of Chinese Consuls. Indenture to specify conditions of engagement. Signature and explanation of Indenture. Free access for emigrant to Courts of Justice. Postal facilities for emigrant. Repatriation. Transfer of emigrant from one employer to another. Fee payable to Chinese Government. English text to be authoritative. Duration of Convention.

Notification to be made on each occasion. Appointment of Chinese Inspector. Publication of indenture, &c. Emigration agency. Register of intended emigrants. Signature of indenture, &c. Medical inspection. Vessels conveying emigrants. Appointment of Chinese Consuls. Indenture to specify conditions of engagement. Signature and explanation of Indenture. Free access for emigrant to Courts of Justice. Postal facilities for emigrant. Repatriation. Transfer of emigrant from one employer to another. Fee payable to Chinese Government. English text to be authoritative. Duration of Convention.

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1912

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