EMIGRATION PASSAGE BROKERS ORDINANCE

EMIGRATION PASSAGE BROKERS ORDINANCE

ORDINANCE No. 11.0~_185.i.

Emigration Passage Brokers.. .

' No. 11 of 1867-
An Ordinance for Licensing and Regulating Emigration Passage Brokers.
Title.
[3rd November, 1857.1

WHEREAS it is expedient to amend existing legislation with reference to
YY e.nigrants: Be it enacted and ordained by His Excellency the Governor
of
Hongkong, by and with the advice of the Legislative Council thereof, as
follows

1. From and after the passing of this Ordinance, no person shall act as a
passage
broker or in procuring passengers, for or in the sale or letting of
passages in any
emigrant ship, unless he shall, with two sufficient sureties to be
approved by the
Emigration Officer, have entered into a joint and several bond in the sum
of five
thousand current dollars to Her Majesty Her Heirs and Successors,
according to the
form contained in schedule A hereunto annexed, which bond shall be
renewed on each
occasion of obtaining such licence as hereinafter mentioned, and shall be
deposited
with the Emigration Officer; nor unless such person shall have obtained a
licence to
let or sell passages, nor unless such licence shall be then in force; and
where different
members of the same firm act as passage brokers, each person so acting
shall comply
with the terms of this section.

Preamb'e.

No person to vet
as n pns.Ra~e
broker wi~ont
Laving entered
into n bond and
obtained a
licence,

2. Any person wishing to obtain a licence to act as a passage broker,
shall make
-application for the same to the Emigration Officer, and the Emigration
Officer is
hereby authorized (if he shall think fit) to grant such licence according
to the form in
.schedule B hereunto annexed: Provided always, that no such licence shall
be granted
unless such bond as hereinbefore mentioned shall have been first entered
into: Provided

also, that any Justice or Justices of the Peace who shall ad udicate on
an offence rnwertnanatlcea
9 _ J 9 to order licences

,against this Ordinance, are hereby authorized to order the offender's
licence to be to be forfeited.
forfeited, and the same shall thereupon be forfeited accordingly; and the
said Justice
,or Justices making such order shall forthwith cause notice of such
forfeiture, in the
form contained in the schedule C, hereunto annexed, to be transmitted to
the
Emigration Officer, and such forfeiture shall be exclusive and
independent of any other
punishment which may be inflicted upon such offender under the provisions
of this
Ordinance.

How pa
brnker'n llcencea

may be obtained.

3. Every person obtaining such licence as aforesaid, shall pay to the
Emigration Fee tnbnpnidenr
licences.

Officer a fee of two hundred current dollars, which fee the Emigration
Officer is
hereby empowered and required to demand and receive upon the issuing of
any such
licence ; and the said Emigration Officer shall pay over all such fees to
the Colonial
Treasurer, to be' applied to the Colonial revenue.

4. All such licences shall continue in force until the 31st day of
December in the Hnwlng

licences are to

:yea~ in which such licence shall be granted, and for fourteen days
afterwards, unless eontintein-rorrei
sooner forfeited as hereinbefore mentioned: Provided, that any licence
granted before
,the 31st day of- December in the present year, shall continue in force
till the 31st day
of December 1858, and- for fourteen days afterwards.
Contract tickets
for passages.

Passage brokers
to produce to
limlgratlon
Officer certificate
that they have
chartered the
ship for carrying
emigrants,

leasage broker
to attend before

Emigration

Officer for the
puGrposo of
ciaHvoring the
contract tickets
to passengers.

Contract tickets
not to tie altered.

Agents not tonct a, No licensed passage broker shall, as agent for any
person, whether a licensed
'without written
authority, and t° broker or not, receive money for or account of the of any
passenger ex on board
produce their r y passage y P g
y on domand an emigrant ship, without having a written authority to act as
such agent, or on t?he-
domand of the Emigration Officer, refuse or fail to exhibit his licence
and such written
authority: and no person whether as principal or agent.shall, by any
fraud, or by' false
representation as to the size of the ship or otherwise, ox by any false
pretence whatsower;
induce any person, to engage any passage as aforesaid.

GPZD1N-ANCE-INo.'--1-L OF' -1857.-

Emigration Passage Brokers.

5. Every passage broker wllo shall or may.receive money from any person,
for or
in respect of a passage in any emigrant ship, shall give to, every such
person a contract
ticket, under the hand of such passage broker, and stamped with his seal
or trade
mark,-each ticket to be printed in a plain and legible type, according to
the form in
the schedule D, hereunto, annexed, and to be accompanied with
a.translationthereof ia-
the Chinese language, in plain and legible characters.

g. Every such passage broker before he shall receive or take any money on.
account of any such passage, or for the sale or letting of the whole or
any part of the
accommodation of or in any emigrant ship proceeding from Hongkong, shall,
produce,
to the Emigration Officer the certificate of the master or owner of.the
ship, in respect,
of which such passage shall ox may have been taken, or the accommodation,
in whicht,
shall have been so sold or let, to the effect, that such ship has been
chartered for the,
purpose of carrying emigrants, and that he, such passage broker, is
autb.orized to
receive payment for such passage, or for the sale or letting of the
accommodation in
such ship; and such certificate shall be filed in the office of the
Emigration Officer, altd,
the contents, thereof entered in a book to be kept by the Emigration
Officer, for
recording therein the contents of such certificates.

7. On overt' occasion of the delivery to any passenger of such contract
ticket .a&
aforesaid, the passage broker who shall have engaged to provide such
passenger with
a passage shall attend with him at the office of the Emigration Officer,
in whose pre-
sence the contract ticket shall be delivered to such passenger, and who
shall explain to,
Lim the true intent and meaning of such contract.

$, No person shall fraudulently altos or cause to be altered, after it is
once issued,
or shall induce any person to part with or render useless or destroy any
such contract
ticket, during the continuance of the contract which it is intended to
evidence.

Penalties for
offences.

Against
sea 1.

2..Agninat
sec. 5.

10. All violations or disobediences of, or defaults in compliance with,
the pro.
visions of this Ordinance, shall be heard and determined summarily under
Ordinance,
No. 10 of 1844; and on conviction of such offences, the respective
offenders shall by
sentenced to pay the several penalties, ox in.default of the payment
thereof, to suffer
the several terms of imprisonment respectively hereinafter specified.

1. For every offence against section 1, a fine not exceeding. four hundred
current dollars, ox imprisqnlnent for a term not exceeding six months.

2. For every offence against section 5, a fine not exceeding fifty
current dollar,$,
or imprisonment for a term not exceeding six weeks. .
ORDINANCE :No. 11 v0 1,85.7.

B,migration Passage .Brokers. ,

3. For every offence against sections 6 or 9, a fine not exceeding one
hundred a.ASai~

current dollars; or imprisonment for a term not exceeding three months.

4. For every offence committed by a passage broker against section 7, a
fine Q. Agaiml
sec. :.
not exceeding one hundred current dollars, or imprisonment for a term
not exceeding three months.

5. For every offence against section 8, a fine not exceeding fifty
current 5.Agah-at
dollars, or imprisonment for a term not exceeding two months.

11. For the purposes of this Ordinance, the term °° Emigrant Ship' shall
mean
every ship carrying more than twenty passengers being natives of China,
and clearing
out for a port or ports not in the Chinese Empire; the term 11Emigration
Officer'
shall include every person lawfully acting as Emigration Officer,
Emigration Agent, or
Protector of Emigrants in Hongkong; and the term °' Passengers' shall
include all
passengers being natives of China.

SCHEDULES TO WHICH TIIE FOREGOING ORDINANCE REL'TRS.

SCHEDULE A.

Ftmm of Bmigration Passage Broker's Annual Bond, with trno Sureties to be
a,Ypvorrd lay the
Emigration 0,$ivcr.

gwow ALL MEN by these presents, that we A*

B of ~jo., C D of

ofc., and B F of yc., are hold and firmly bound unto Her Most Gracious
Majesty
Queen Victoria, in the sum of five thousand current dollars, to be paid
to Her said Majesty,
Her Heirs and Successors; to which payment well and truly to be made we
bind ourselves, and
every of us jointly and severally, our heirs, executors, and
administrators, and the heirs, execu-
tors, and administrators of each of us, and each and every of them,
firmly by these presents,
sealed with our seals.

Dated this day of

WHEREAS by the 'Ordinance for Licensing and Regulating Emigration Passage
Brokers, \70..
11. of 1867,' it is amongst other things enacted; that no person whatever
shall cnriy on the business
of a passage broker in Hongkong, in respect of any emigrant ship, or
shall be in anywise concerned iy
the sale or letting of passages in any such ship, unless such person,
with two good and sufficient sure=
ties to be approved of by the Emigration Officer, shall have previously
entered into a joint and several
bond to Her Majesty, Her Heirs and Successors, in the sum of five
thousand current dollars .' AnrZ
Whereas the said C.D. and E.F. have been approved of by the Emigration
Officer as sureties for.
the said A.B.

Now the condition of this obligation is, that i the above bounden A.B.
shall well and truly observe
and comply with all the requirements of the said recited Ordinance, so
far as the same relate to passage
brokers; and further, shall well and truly pay all fines, forfeitures,
and penalties,-and also all sums of
money, by way of subsistence money, or of return passage money, and
compensation to any passenger,
or on his account,-and also all costs which the above-bounden A.B. may at
any time be adjudged to
pay, under or by virtue of any of the provisions of the' above recited
Ordinance, or of the Act. of the
Imperial Parliament 18th & 19th Victoria, sap. 104, entituled 'An Act for
the Regulation of Chinese
Passenger Ships; ' then, and in such case, this obligation to be
void,-otherwise to remain in full force-

Signed, sealed, and delivered, by the abovebounden A.B,,C.D., and E .T.,
.in the,presence of f
~ Insert personal and family names in fall, with the occupation and
address of each of the parties,

t Insert the names and addresses in fali.of the witnesses.

in the year one thousand eight hundred and

sees.'8 and 9..
ORDINANCE No. 11 OF 1857-.

Emigration Passage Brokers.

SCHEDULE B.

Form of Emigration Passage Broker's Licence.

A.B. of* having shown to the satisfaction of me, the undersigned, that he
hath given

bond to Her Majesty, as by the 'Ordinance for Licensing and Regulating
Emigration Passage Brokers,
No. 11 of 1807,' required; I. the undersigned, do hereby license and
authorize the said A.B. to carry
on the business of a passage broker in Hongkong, in respect of passengers
on board emigrant ships
proceeding from Hongkong, until the end of the present year, and fourteen
days afterwards, unless
this licence shall be sooner determined by forfeiture for misconduct on
the part of the said A.B., as in

the aforesaid Ordinance is provided.
Given under my hand and seal this day of

one thousand eight hundred and
Signature [L.s.]

Emigration Officer.

~ The personal and family names in full of the person applying for the
licence, with his address and trade or occupation,

must be correctly inserted.

SCHEDULE C. ,
Form of Notice to be given to the Emigration O,fflcer of T'otfcitnrc rf a
Licence.,

SIR,-This is to give you notice, that the licence granted on the day of
18 , to A.B. of* to act as an emigration passage broker, was on the day of
now last past duly declared by me (or us), the undersigned Justice (or
Justices) of the
Peace in Petty Sessions assembled to be forfeited t

Place and date
To the EMIGRATION OFFICER,

Signatures

Victoria, .Ilnnglson7.
* The personal and family names in full, with the ndIress and trade or
occupation of the party, to 1>e here inserted.
t Bore strata severally the reason of forfeiture.

SCHEDULE D.

Form t!f Conti-act Passage Ticket-

I tetchy engage that the Chinese named at foot hereof shall be provided
with a passage to, and

shall be landed at, the port of

'c

in , in the ship or vessel called the

with trot less than i 2 cubic feet and 12 superficial feet for berth
accommoda-

tion, and shall be victualled according to schedule A to the °° Chinese
Passengers Act, 18JU,' annexed,
during the voyage, and the term of detention at any place before its
determination, for the sum of

dollars in full

payment.

dollars, and I hereby acknowledge to have received the sum of

Male.
Name of Passenger.

Age.

?' emale.

Victoria, Hongkong, the day of 180

Occupation.

Native Place.

Signature

PnaraW ;

T hereby certify, that I have Cgplainecl;and registered the above
contract passage ticket.
Signature

Victoria, Hongkong, the . day of 18,.

Repealed by Ordinance \'o, 5 of 1874, and see Oidiiaance IVo. 3 of 1874:1
Title.
Preamble.
No person to act as a passage broker without having entered into into a bond and obtained a licence.
How passage broker's licences may be obtained.
Power to Justices to order licenses to be forfeited.
Fee to be paid for licences.
How long licenses are to continue in force.
Contact tickets for passages.
Passage brokers to produce to Emigration Officer certificate that they have chartered the ship for carrying emigrants.
Passage broker to attend before Emigration Officer for the purpose of delivering the contract tickets to passengers
Contract tickets not to be altered.
Agents not to act without written authority, and to produce their authority on demand.
Penalties for offences.
1. Against sec. 1.
2. Against sec. 5.
3. Against secs. 6 and 9.
4. Against sec. 7.
5. Against sec. 8.

Title.
Preamble.
No person to act as a passage broker without having entered into into a bond and obtained a licence.
How passage broker's licences may be obtained.
Power to Justices to order licenses to be forfeited.
Fee to be paid for licences.
How long licenses are to continue in force.
Contact tickets for passages.
Passage brokers to produce to Emigration Officer certificate that they have chartered the ship for carrying emigrants.
Passage broker to attend before Emigration Officer for the purpose of delivering the contract tickets to passengers
Contract tickets not to be altered.
Agents not to act without written authority, and to produce their authority on demand.
Penalties for offences.
1. Against sec. 1.
2. Against sec. 5.
3. Against secs. 6 and 9.
4. Against sec. 7.
5. Against sec. 8.

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No. 11 of 1857

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