CHINESE PASSENGERS ACT, 1855

CHINESE PASSENGERS ACT, 1855

4.-CHINESE PASSENGERS AOT, 1855.

18 & 19 Vict., c. 104

An Act for the regulation of Chinese passenger ships.
[Passed 14M At~qust, 1855. Inforce 2.51h January, 18,56.1
[preanible, rep. 55 & 56 Vict., c. 19.]
1. In the construction of this Act. the term 'Chinese passenger ship'
shall include every ship carrying from any port in Hongkong, -and every
British ship carrying from ally port in China or Within 100 miles of
the coast thereof, more than 20 passengers, being natives of Asia;
the word ' Colony ' shall include all Her Majesty's possessions abroad
not being under the Government of the East India Company; the word

As amended by 51 and 52 Vict. c. 57.





' Governor' shall signify the person for the time being lawfully
administering the Government of such Colony; the term ' Legislature
of Hongkong ' shall signify the Governor and Legislative Council or
other Legislative Authority of the same for the time being; the word
'ship' shall include all sea-going vessels; the terms ' Commander ' and
Master ' of any ship shall include ally person for the time being in
command or charge of the saine; the term ' Emigration Officer ' shall
include every person lawfully acting as emigration officer, immigration
agent or Protector of Emigrants, and every person authorised by the
Governor of any British Coloily to carry out the provisions of this Act ;
and the term ' British Consul ' shall include every person lawfully ex-
ercising consular authorit on behalf of Her Majesty in any foreign port.

2. It shall be lawful for the Legislature of Hongkong , by any
Ordinance to be by them enacted for that purpose, to make regulations
respecting Chinese passenger ships, and, in the ease of British ships,
respecting the treatment of the passengers therein while at sea, and until
such enactment the regulations contained in seliedule A to this 2ket
annexed shall be in force : Provided always, that no such Ordinance shall
come into operation until Her Majesty's confirination of the same shall
have been proclaimed in Hongkoug by the Governor thereof.

3. It shall be lawful for the Governor of Hongkong to declare, by
proclamation, for the purposes of this Act and of the sald regulations,
what shall be deemed to be the duration of the voyage of ally, Chinese
passenger shl p, and by such proclamation to alter the scales of dietary.
medicines, and rnedical comforts contained in the aforesaid schedule A.
4. No Chinese passenger ship shall clear out ol. proeeed to sea on any
voyage of more than 7 days duration until the master thereof shall have
received from all Emigration Olficer a copy of the aforesaid regulations,
and a certificate in the form contained in schedule B to this Act annexed,
or in such other form as maY be prescribed by the said Legislature,
which copy and certificate, with ,any documents to be attached thereto
(hereinafter designated as einigration papers), shall bc signed bY the
said Emigration Officer, nor until the master shall with two Suffielent
sureties, to be approved by the said Einigration Officer have entered into
a joint and several bond in the surn, of
form contained in schedule C to this Act annexed, or in such other form
as shall be prescribed by the said Legislature.

5. The said penal sum of
standing any penalty or forfeiture imposed by this Act or by the aforesaid
regulations, and whether such penalties or forfeitures shall have been
sued for and recovered or not.

13ce proe.7am~itions in Government GazeXte No, 13 of 18.56. No. 4.5 of 1857,.71~o. 108
of 1858, No. 7 of 1872, No. 1 of 187(3), No. 1 of 5th January, 1,1~84,..ind No. 7 ot
6th Ju [v, 1901.
As amended by 55 & 56 Vict. c. 19.





6. It shall be lawful for the commander of any of Her Majesty's ships
of war, or for ally Emigration Officer, Custom House Officer, or British
Consul, to enter and search any Chinese passeuger ship (being a British
vessel or within British jurisdiction) so Iong as such ship shall have any
passengers on board, and for 48 hours afterwards, and in, to require
the production of the emigration papers of such ship, and to examine all
persons on board of the same, in order to ascertain whether the provisions
of this Act and of the regulations aftoresaid have been complied with;
and any person who refuses to allow, attempts to aviod, or obstructs any
such entry, search, or examintation, or who knowingly misleads or
deceives any person lawfully making any suchsearch or examination, or
who, being the master of the ship or having the emigration papers in his
custody, fails to produce the same when required as aforesaid, shal be
deemed guilty of a misdemeanor.

7.In case of any nelgect or refusal to comply with any of the provi0
sions of this Act or any of the regulations aforesaid, or to perform any
stupulation in any of the contracts made with the passengers, the master
of the ship, and any other person who may have been guilty of or have
aided or abeted such englect or refusal, shall each be deemed for each
offence guilty of a misdemeanor.

8. If any chinese passenger ship clears out or proceeds to sea on any
voyage exceding 7 days in duration withut such emigration papers as
aforesaid, or if the meigration papers of any Chinese passenger ship are
forged or fraudulently altered, such ship shall, if she is a British ship, or
if, not being a british ship, the offence is committed and the ship is seized
in Her majesty's Dominions or in the territories of the EAst India
Company, be forfeited to Her Majesty.

9. Every perso who commits or aids or abets in committing any act
or default by which any Chinese passenger ship amy become liable to
forfeiture shall be liable to a penalty not exceeding $100 for each offence.

10. It shallbe lawful fro any commissioned officer on full pay in the
mailitary or naval service of Her Majest, or any British officer of customs,
or anyBritish Consul, to seize and detain any ship which has become
subject to forfeiture as aforesaid, and bring her for adjdication before
the High Court of Admiralty in England or Ireland, or any court having
Admiralty jurisdiction in Her Majesty's Dominions or in the territories
of the East India Company, and such Court may thereupon make such
order i the case as it thinks fit, and may award such portion of the
proceeds of the sale of any forfeited ship as it thinks right to the office
brining in the same for adjudication, or to any pesons damaged by the
act or default which has rendered the ship liable to forfeiture.

11. No such officer as aforesaid shall be responsible, either civilly or
criminally, to any person whomsoever, in respect of the seizure of deten-







tion of any ship that has been seized or detained by him in pursuance of
the provisions herein contained, notwithstanding that such ship is not
brought in for adjudication, or, if so brought in is declared not to be
liable to forfeiture, if it is shown to the satisfaction of the Judge or Court
before. whom any trial relating to such ship or such seizure or detention
is held that there are reasonable gromids for such seizure or detention;
but, if no such grounds are shown, such Judge or Court may award
payment of costs and daniages to ally party aggrieved, and rnake such
other order in the premises as lie or it thinks just.
12. It shall be lawful for the Court before which any ship liable to
forfeiture under this Act is proceeded against to impose such a pecuniary
penalty as to the same court shall seem fit, in lien of condemning the
ship, and in such case to cause the ship to be detained until the penalty
is paid, and to cause any penalty so inipo-ed to be applied in the
manner in which the proceeds of the said ship, if condemned and sold
by order of the Court, would have been applicable.
13. All misdemeanors and other eximinal offences punisliable under
this Act shall be dealt with, tried, and judged of in the same manner as
misdemeanor., and other offences punishable under the Merchant Ship-
ping Act, 18.54, and all the rules of lass-, practice, or evidence applicable
to the last-mentioned misdemcanors and offences shall be applicable
to inisdemeanors and other offences under this Act.
14, Any Court, Justice, or Magistrate miposing any penalty under this
Act for which lie specific -application is herein provided inay, if it or
he thinks fit, direct the whole or any part thereof to be applied in coni-
pensating any person for any wrong or damage which he mas- have
sustained by the act ol. default in respect of which such penalty is imposed,
or in or towards pa - yment of the expenses of the proceedings; and, subject
to such directions or specific application a., aforesaid, all penalties recover-
ed in the United Kingdom shall be paid into the receipt of Her Majesty's
Exchequer in such manner as the Treasury may direct, and shall be
carried to and forin part of the Consolidated Fund of the United King-
dom; and all penalties recovered in any British possession shall he paid
over into the public TreasurY of such possession, and forin part of the
public revenue thereof.
15. In any legal proceeding taken under this Act or in respect of the
bond hereinbefore required any document purporting to be the written
declaration of any British Consul, or of the commander of any of Her
Majesty's ships of war, or to be a copy of the proceedings of any Court of
Justice, shall, without any proof of signature, be received in evidence, in
case it shall appear that such copy or declaration, if produced in the

W' This act was repealed by 57 & 58 Vict. c. 60 s. 745 (The Merchant
Shipping Act 1894) which however by section 746 expressly
saves the Chinese Passengers Act 1855.





United Kingdom, was officially transmitted to one of Her Majesty's
principal Secretaries of State, or, if produced in any Colony, was
officially transmitted to the Governor thereof: Provided always, that no
person making such written declaration as aforesaid shall be capable of
receiving a share of any penalty or forfeit-ure which shall be procllred by
such written declaration.

16.This Act may be cited for any purpose whatever under the name
of ' The Chinese Passengers Act, 1855
[s. 17, rep. 55 & 56 Vict., C. 19.]

SCI-IED17LE A.

REGULATIONS RESPECTING CIIIXFSE PASSENGER SHIPS.
Yote.-The wilful and fratidtilent hreach of any of these reaulations by
the person in charge of any Chinese passenger ship is punishable by
forfeiture of the ship, and every person concerned in such breach is
liable to a firie of'
1. No Cifinese passenger ship shall elear out or proceed to Sca on any
voyage of more tlian 7 days duratioa without a certificate from Enligra-
tion Officer ; and. such certificate shall he in the forni provided by the
Chinese Passuger Act. 1855.
2. No Einigration Officer shall he bound to give such certificate in resPect
of any Chinese passenger ship till 7 days after receivin' notice that the ship
is to carry passengers, and ,f her destination, and of lier proposed day of
sailing, nor unless there are on board a surgeon and interpreter approved by
sach Emigration Officer.
3. After receiving such notice the Emigration Officer shall be at liberty at
all flines to enter nuil inspect the ship, and the fittings, provisions, and
stores therein, and any person inipedialg him in such entry or inspection, or
refusing to allow of the same shall bc liable to a fine of not more than &100
for each offence.
4. The, -Endigration Officer shall not give his certificate unless he shall be
satisfied,-
(1) That the ship is seaworthy, and properly manned, equipped, fitted,
and ventilated ; and has not on board any cargo likely, froni its quality,
quantity, or inode of stowage, to prejudice the health or safety of the

(2) That the space appropriated to the passengers in the tween decks

contains at the least 12 superficial and 72 exibical feet of space for every
adult on board ; that is to say, for every passenger above 12 years of age,

ant] for every two passengers between the ages of one year and 12 years

(3) That a space of 5 superficial feet per adult is left clear on the upper
deck for the use of the passengers

(4) That provisions, fuel, and water have been placed on board, of good
quality, properly packed, and sufficient to supply the passengers on board
durini, the declared duratiou of the intended voyage, according to the
following scalei-

See Ordinance No. 1 of 1889 s. 47.





DIETARY SCALE.
(Proclamation No. 7 of 1st November, 1872.)
Rice .....................lb 1.1 per diem.
Salt Beef .... .........................................
Salt Pork . .............. on alternate days,
Salt Fish . .............. 2
Fresh Beef or Mutton, in tins5
Salted Vegetables .
Pickles .
Fresh Vegetables, as Yarns, Pumpkins, &C.,
Water . .................... .............. Imperial qts. 3 a (lay.
Firewood ........................... ths. 2
Tea . ....................oz. 0-1
Lime or Lemon Juice, and Sugar 11 2 a week.
In

NOTE-Fresi) Vegetables to he issued during the first month of
the voyage only, unless the Master shall obtain a fresh supply en ronte,
when these articles may be ngain supplied in the above proportion.

(5) That Medicines and Medical Comforts have been placed ou board
according to the following scale






SCALE OF MEDICINES FOR CHINESE PASSENGER SHIS.

(Proclamation A70. 7 of 6th July 1904.)






SCALE Or MEDICINES FOR CHINESE PASSENGER SHIPS.
(Proclaniation Yo. 7 of 6th July, 1904-Continued)






Disinfectants, &C.
Vol. For For ForFor more
100 men. 200 men.300 men. 4OU men. than 400
men.


Instruments and Appliances.
One complete amputatiug case of instruments.
Oue pocket dressing case of instruments.
One Hypodermic Syringe.
One Silver catheter.
One case of gun elastic or rubber catheters.
Two pair,3 of dresing scissors.
One Hiffinson's Enema Syringe.
One Stomach tube with glass funnel.
One Macitityre Splint.
One set of Cline's Splints.





Bandages, le- and arm, 2 doz.
Bandages, flannel, 2
Bandages, triangular, 1
Calico for Bandages, 3 yards.
Flannel for -Bandages, 3
Three 2 oz., 4 oz. and 8 oz. measure glasses.
Three minim measure glasses.
Two dozen medicine bottles, 6 oz. and 10 oz.
Scales and weights (grain), dispensing, one set.

One brass dressing syringe.
Two small glass syringes.
One Pestle and Mortar (Wedgewood).
One Spatula.
Two Metal or carthern-ware bed pans.
One spirit lamp.
One set of test tubes.
Litmus paper, 4 books.
Dispensary paper, one quire.
Blank labels, 6 doz.
t One set of midwifery instruments including long forceps.
t One female catheter and one set of tracheotomy instruments.

Note,
1. All volatile medicin`es and acids shall be put in strong stoppered bot-
tles, and the acids shall be carefully packed in a small case with sand ot.
sawdust.
2. Chloroform should he in blue glass bottles ot. covered from light by
dark paper.
3. All the drugs, &c., shall be properly labelled and the quantities clearly

marked on each article.
4. Poisons shall be specially distinguished.

5. *Only to be provided if there is any person on board competent to lise
them.
6. Only required if women and children accompany the coolies.

Aledical Comforts.






to the aforesaid Dietary Scale, and shall not make any alteration, except
for the manifest advantage of the passengers, in respect of the space allotted
to them as aforesaid, or in respect of the means of ventilation, and shall not
in-use the passengers, or require them, (except in case of necessity) to help in
working the vessel ; and shall issue Medicines and -Medical Comforts, as
shall be requisite, to the best of his juderment, and shall call at such Ports
as rnay be mentioned in the Emigration Officer's Clearing Certificate for
fresh water and other necessaries ; and shall carry them without unnecessaty
delay to tile destination to which they have contracted to proceed.
6. The Emioration Officer shall not aive his certificate until he shall have
mustered the passengers, and ascertained to the best of his power that they
understand whithar they are going, and comprehend the nature of any
contraetts of service which they have made ; he shall also take care that a
copy of the form of stlub contracts, or an abstract of their substance, signed
by himself, is appended to the said certificate ; if any of the passengers are
in bad health, or insufficiently provided with clothing, or if the contracts are
unfair, or if there is reason to suspect that fraud or violence have been practised
in their collection or embarkation, he may detain the ship, arid, if be shall
think fit, may order all or any of the passengers to be re-landed.
Chinese passenger ships mast be provided with Boats arid Life Saving
Appliances in accordance with the provisions of table A of The Merchant
Shipping Consolidation Ordinance No. 10 of 1899.
Each ship shall carry Fire Engine, or Force Pump, with sufficient Hose
to reach fore and aft, and three dozen Buckets.

SMALL STORES.
Brooms ...........24 for every 100 Passengers.
..................Z5
Lanterns with Locks . 2
Cooking Spades . ..3 55
Meat Choppers . ...3 57
Chopping Boards, .. --- 3
Wood Chopper . ....1
Rice Baskets ......10
Iron Dishes, 18 inches . 10
Rubbish Tubs . ..... 4
A Bed, Blanket and Pillow for cacti person the Hospital can ac-
cornmodate.
12 Blue Lights, and 12 Rockets.
Before the Emigration Officer can muster the Passengers, bc must he
f urnished with a Passenger List in the forni following
List of Chinese Passengers on board the Ship of tile
burden of tons, of which is Master for the present Voyage
which belon-s to the Port of in to
sail from llon-kong on the day of 19 , and
is bound to the final Port of consisting of .........
.................male adults .....female adults made children
and ...... female children under 12 years of age, making a total of
ChinesePassengers, said Steamer being entitled, under
The Chinese Passengers Act, 1855, ' to carry Chinese
Passengers.
Name of Surgeon .......1
Name of Interpreter ... .





SUMMARY





Crew,includingMaster and all Persons on Ship's Articles
total number of suouls on board,.........

Victoria, Hongkong, the ........day of........., 19
Master...........Ship...........

SCHEDULE B.

EMIGRATIOIN OFFICER'S CERTIFICATL, &C.
1 hereby authorize the Chinese Passenger Ship to proceed to sea
for the Port of in ; and I certify that the said ship can
legally carryadults, and that there are on board
passengers, making in all adults, viz. men,
women, male children, andfemale children, such
children being between the ages of i and x2 years; that the space set apart and to be
kept clear for the use of such emigrants is as follows:-On the upper deck,
superficial feet, being [here describe the space]and in the between decks
superficial feet, being Chere describe the sbacel ; that the ship is properly manned and
fitted, and that the means of ventilating the part of the between decks appropriated to
passengers are as follows, [here describe the ineans of ventilation] : that the ship is
furnished with a proper quantity of good provisions, fuel, and water for days'
issues to the passengers according to the *annexed dietary scale, and with a proper
quantity of medicines, instruments and medical comforts according to the *annexed

These scales must be those prescribed by the Regulations in Schedule A.
See Ordinance No. 1 of 1889 s. 20.

scale of medical necessaries; that 1 have inspected the contracts between the emigrants
and their intended employers (the terms of which are annexed to this Certificate) and
consider t hem reasonable; that no fraud appears to have been practised in collecting the
emigrants; and that there are on board a Surgeon *[and Interpreter] approved by me,
and designated [respectively and -The
master of the ship is to put into and for
water and fresh vegetables.]
(Signed)
Emigration Officer.
Dated this day of 1

SCHEDULE C.

FORM OF BOND TO BE GIVEN BY THE MASTERS OF CHINESE PASSENGER 'SHIPS,
Know all Men by these presents, that we are held and firmly bound unto our Sovereign
Lady Queen Victoria, by the Grace of God, of the United Kinadom of Great Britain -and
lreland Queen, Defender of the Faith, in the sum Of 1000 Of' good and lawful money
of Great Britain, to be paid to our said sovereign Lady the Queen, Her Heirs -and
Successors; to which payment well and truly to be made, we bind ourselves and every of
lis, jointly and severally, for and in the whole. our heirs, executors, administrators, and
every of them, firmly by these presents. Scaled with our seals.

Dated this day of 1
Whereas by the Chinese Passenger Act, 1855, it is enacted that before any Chinese
Passenger Ship shall clear out or proceed to sea on a voyage of more than 7 days corn-
puted duration, the Master thereof shall, with two sufficient sureties to be approved by an
Emigration Officer, enter into a bond to Her Majesty, Her Heirs and Successors, in the
Sum of Clooo.
Now the condition of this Obligation is this, that if (in respect of the Ship
whereof is master) all and every of the requirements of the said
Chinese Passengers Act, and of the regulations contained in Schedule A to the said Act
annexed, or enacted by the Legislature of Hongkong, shall be svell and truly observed
and performed Ftin like manner as the same ought to be observed and performed in case
the said ship were a British Ship, and the said
a British subject] then this Obligation to be void, otherwise to remain in full force and
effect.
Signed, scaled and delivered by the above bounden
and , in the presence of
Definition of certain terms herein mentioned. Legislature of Hongkong to make regulations respecting passenger ships, &c. [cf. Chinese Emigration Ordinance, No.1 of 1889.] Governor of Hongkong to declare length of voyages and alter scales of dietary, &c. *No Chinese passenger ship to clear out on voyage of more than 7 days without, Emigration Officer's certificate, &c. Penalty of bond, when recoverable. Commander of ships of war, &c., may serach ships, or require producation of papers. Penalty for neglect to comply with regulations, &c. Ship to be forfeited for clearing without emigration papers, or for forgery of such papers. Penalties in addition to forfeiture. Mode of enforcing forfeiture. Officer not liable for any seizure. made on reasonable grounds. Fine may be substituated for forfeiture. Mode of procedure in criminal cases. 17 & 18 Vict. C.104. Application of penalties. Written declearations of commanders, &c., prima facie evidence. Short title.

Definition of certain terms herein mentioned. Legislature of Hongkong to make regulations respecting passenger ships, &c. [cf. Chinese Emigration Ordinance, No.1 of 1889.] Governor of Hongkong to declare length of voyages and alter scales of dietary, &c. *No Chinese passenger ship to clear out on voyage of more than 7 days without, Emigration Officer's certificate, &c. Penalty of bond, when recoverable. Commander of ships of war, &c., may serach ships, or require producation of papers. Penalty for neglect to comply with regulations, &c. Ship to be forfeited for clearing without emigration papers, or for forgery of such papers. Penalties in addition to forfeiture. Mode of enforcing forfeiture. Officer not liable for any seizure. made on reasonable grounds. Fine may be substituated for forfeiture. Mode of procedure in criminal cases. 17 & 18 Vict. C.104. Application of penalties. Written declearations of commanders, &c., prima facie evidence. Short title.

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