HONGKONG EMIGRATION ORDINANCE, 1867
Title
HONGKONG EMIGRATION ORDINANCE, 1867
Description
ORDINANCE N6G ok 18-67.
.Emigration.
No. 6 of 1867.
An Or for better securing the Health of Emigrants in Chinese utie.
Passenger Ships clearing from IIonakong.
[17th June, 1867.]
'HEREAS it is expedient to make furtber provision for better securing the
fteamme.
health, of emigrants in Chinese passenger ships clearing from Hongkong :
Be
it enacted by the Governor of Hongkong, with the advice of the
Legislative Council
thereof, -as follows:-
1. ,
This Ordinance may be cited for all purposes as the 'Hongkong Emigration
short titit'.
Ordinance 1867.'
2. In the interpretation of this Ordinance the expression 'Chinese
Passenger interpretation of
terms.
Ship' shall mean every ship carrying from any port in the Colony of
Hongkong and
its dependencies more than 20 passengers being natives of Asia on any
voyage of more
than seven days' duration within the meaning of the 'Chinese Passenger
Act 1855' as
defined by section 3 of Ordinance No, 9 of 1856.
3. The owners or charterers of every Chinese passenger ship shall as soon
ae such
,ship is laid on for the conveyance of Chinese emigrants provide a depot
or depots in
the city of Victoria to be approved of by the emigration officer wherein
every intending
emigrant by such ship may lodge as hereinafter provided, and every such
dep6t shall
be maintained and every emigrant lodging therein shall be supported 'at
the expense of
such owners or charterers.
4. The owners or charterers of every Chinese passenger ship or if absent
from the
Colony their respective agents shall as soon as such ship is laid on for
the conveyance
of Chinese emigrants give notice in writing of the fact to the emigration
officer
specifying in such notice the name destination and probable time of
departure of such
ship and the depot or depots in which the intending emigrants by such
ship are lodging
or intended to be lodged before embarkation.
65. Every intending emigrant in a Chinese passenger ship shall unless
esem'pted loEmigrants is loEmigrants to
by the emigration officer lodge at the least three clear days previously,
to his embar-, bef eethrecleembsrar days
kation in the depot provided by the owners or charterers of such ship
with the approval
of the emigration officer in pursuance of section 3.
Depots to be
provided for thi
lodgment of
emigrants.
Notice cf ship
being laid on as
a Chinese
passenger ship
to be given to
emigration
officer.
g, Every such depot as aforesaid shall be under the supervision of the
emigration supervision of
dep8ts and ,
officer who may inspect the same at -such times as he shall think fit
acid may from' control nc there-
time to time with the approval. of the Governor in Council make any
regulations which ia'
shall be deemed expedient to ensure-the healthiness thereof and the
proper treatment
and control of the emigrants lodging therein.
ORDINANCE No: 6 o>s 186'T.
Emigration.
rrottcaofevery 7. The owners or Charterers of every Chinese passenger ship
or if absent from
-passage contract
made with an the Colony their respective agents and every licensed
emigration passage broker who
emigrant to be
given to emigrs- shall contract with any intending emigrant for a passage
in such ship shall' fortliwith
lion officer.
give notice in writing to the emigration officer of every such contract
specifying the
name age and sea of such emigrant and the name of such ship.
Governor $. The Governor is hereby authorized to appoint at a salary not
exceeding $2,000
authorized to
.appotntamedical per annum a medical officer whose duty it shall be to
inspect intending emigrants and
o>Hcer at a salary
not exceeding to supervise all matters and things in any way relating to
the comfort and well-being
$2,000 per
'mum. - of such emigrants both before their departure and on their voyage
and such, salary
shall be in lieu of all fees.
Medical inepec-
tlon
No emigrant t0
-embark or tie
received on board
without a permit.
Emigration.
officer to appoint
time for medical
inspection after
embarkation.
tees how
Payable.
Chinese medical
practitioners
approved by'
Colonist surgeon
maybe surgeons
of Chinese
passenger ships,,
Chinese mediet-
nee and medical
comforts.
order In Council
of the 6th'day dt'.
December 1888 -
to apply to
Chinese passen.
ger ships. ,
9. The medical inspection of intending emigrants by a Chinese passenger
ship
required by Ordinance No. 6 of 1859 shall take place on shore before
embarkation as
well as on board the said ship after embarkation and the emigration
officer shall not
grant the certificate required by the 'Chinese Passenger's Act 1855'
unless he shall
be satisfied that such double inspection has been duly made.
10. It shall not be lawful for any emigrant to embark in any Chinese
passenger
ship or for the master or other person in charge of a Chinese passenger
ship to permit
any, emigrant to embark therein, unless such emigrant shall previously
have received
and shall produce an embarkation permit from the emigration officer who
shall not
grant the same unless be shall be satisfied that such emigrant bas
undergone on shore
the medical inspection required by law to be made before embarkation.
11. The medical inspection of emigrants required to be made after their
embarka-
tion in any Chinese passenger ship shall take place at such time as the
emigration
officer shall appoint.
12. The fees heretofore payable to the medical practitioner effecting
such inspection
shall be paid in the first instance by the chatterer of such ship to the
emigration officer
and by him paid into the Treasury.
1$. Any Chinese medical practitioner properly qualified to the
satisfaction of the
Colonial Surgeon shall be eligible with approval of the Governor for the
office of
surgeon of a Chinese passenger ship within the terms o£ schedule A of the
'Chinese
Passenger's Act 1855.'
14. In all cases where a Chinese wedica.l practitioner shall be appointed
surgeon
of a Chinese passenger ship the whole or any portion of the medicines and
medical
comforts required to be placed on board by the said schedule may be
dispensed with
provided that in lieu thereof suitable and sufficient medicines and
medical comforts
adapted in Mlle method of treatment pursued by the Chinese shall be
placed on board
according to a scale to be approved by the Colonial Surgeon.
115, The order of H er Majesty the Queen in .council dated the 5th day of
December
1$65 relating to the quantity of water to be carried by passenger ships
having a certain
description of condensing apparatus shall apply to Chinese passenger
ships.
U'RDTNANCE.No. 6 or 1867:
Emigration.
16. The owners or charterers of any Chinese passenger ship and any
emigration
passage broker and any intending emigrant by a Chinese passenger ship and
any master
or other person in charge of a Chinese passenger ship who shall fail to
comply with or
commit any breach of the provisions of this Ordinance or any regulations
and bye-laws
to be framed under this Ordinance in pursuance of sections 6 and 18 so
far as they
may respectively be bound thereby and any person granting or knowingly
uttering
any forged certificate, permit, notice, or other document under this
Ordinance shall
without prejudice to any other proceeding civil or criminal be liable
upon summary
conviction before a Magistrate to a fine not exceeding $500 or to
imprisonment with or
without hard labor for any term not exceeding six months.
1'7. No Chinese passenger ship bound to any port westward of the Cape of
Good
Hope shall be permitted to clear from any port in the Colony between the
months of
Dlayand September inclusive.
18. The Governor in Council may from time to time make alter and revoke
any
bye-laws for regulating the fees payable on account of medical inspection
and super.
vision under the ' Chinese Passenger's Act 1855' and may, also malre
alter and revoke
any bye-laws and regulations for giving effect to this or any other
Ordinance of the
Colony in force for the time being relating to Chinese passenger ships,
and generally,
for better carrying into effect the provisions and objects of the said
Act and Ordinances
respectively.
19. For the purpose of this Ordinance the forms prescribed by section 4
of the
'Chinese Passenger Act 1855' and contained in schedules B and C of the
said Act
may be varied by the emigration officer with tile approval of the
Governor in Council
and the said forms so varied as aforesaid may be substituted in lieu
thereof:
20. No Chinese passenger ship shall clear out or proceed to sea without
strictly
conforming with the regulations contained in schedule A of the 'Chinese
Passenger's
Act 1855' except so far as the said regulations are modified or altered
by any of the
provisions of this Ordinance or may be inconsistent therewith; and except
as aforesaid
the said regulations shall be and continue in.full force and effect.
Punishment of
persons commit.
ting any breach
of this Ordi-
nance.
No Chinese
passenger chip
to clear between
May and Sep-
tember.
The Governor in
Council may
make by-laws.
Forms iU'. :;;;,' i
echedales olr- :..
Chinese: Pas:
eenget Act 1836!'
may.,he .varled.
Regulations of
schedule A of
'Chinese Passen.
ger Act 1865 ' to
be in force except
as altered by this
Ordi nance.
21. This Ordinance shall not extend to any steam vessel regularly
employed InOrdinance not
the conveyance of the public mails under a contract with the Government
of the State a e extend t°-maii
or Colony to which such steam vessel may belong.
22, This Ordinance shall not come into operation until Her Majesty's
confirms. Suspending
clause.
tion thereof shall have been proclaimed in the Colony by the Governor..
[Not disallowed but never proclaimed, -see C.O.D: No. 117,28-rd
SeptembPrr., 1867.
Repealed by Ordinance No. 12 of 1868.E ,-
943
Title.
Preamble.
Short title.
Interpratation of terms.
Depots to be provided for the lodgment of emigrants.
Notice of ship being laid on as a Chinese passenger ship to be given to emigration officer.
Emigrants to lodge in depot three clear days before embarkation.
Supervision of depots and control of emigrants therein.
944
Notice of every passage contract made with an emigrant to be given to emigration officer.
Governor authorized to appoint a medical officer at a salary not exceeding $2,000 per annum.
Medical inspection.
No emigrant to embark or be received on board without a permit.
Emigration officer to appoint time for medical inspection after embarkation.
Fees how payable.
Chinese medical practitioners approved by Conlonial Surgeon may be surgeous of Chinese passenger ships.
Chinese medicines and medical comforts.
order in Council of the 5th day of December 1865 to apply to Chinese passenger ships.
945
Punishment of persons committing any breach of this Ordinance.
No Chinese passenger ship to clear between May and September.
The Governor is Council may make by-laws.
Forms in schedules of 'Chinese Passenger Act 1855' may be varied.
Regulations of schedule A of 'Chinese Passenger Act 1855' to be in force except as altered by this Ordinance.
Ordinance not to extend to mail steamers.
Suspending clause.
.Emigration.
No. 6 of 1867.
An Or for better securing the Health of Emigrants in Chinese utie.
Passenger Ships clearing from IIonakong.
[17th June, 1867.]
'HEREAS it is expedient to make furtber provision for better securing the
fteamme.
health, of emigrants in Chinese passenger ships clearing from Hongkong :
Be
it enacted by the Governor of Hongkong, with the advice of the
Legislative Council
thereof, -as follows:-
1. ,
This Ordinance may be cited for all purposes as the 'Hongkong Emigration
short titit'.
Ordinance 1867.'
2. In the interpretation of this Ordinance the expression 'Chinese
Passenger interpretation of
terms.
Ship' shall mean every ship carrying from any port in the Colony of
Hongkong and
its dependencies more than 20 passengers being natives of Asia on any
voyage of more
than seven days' duration within the meaning of the 'Chinese Passenger
Act 1855' as
defined by section 3 of Ordinance No, 9 of 1856.
3. The owners or charterers of every Chinese passenger ship shall as soon
ae such
,ship is laid on for the conveyance of Chinese emigrants provide a depot
or depots in
the city of Victoria to be approved of by the emigration officer wherein
every intending
emigrant by such ship may lodge as hereinafter provided, and every such
dep6t shall
be maintained and every emigrant lodging therein shall be supported 'at
the expense of
such owners or charterers.
4. The owners or charterers of every Chinese passenger ship or if absent
from the
Colony their respective agents shall as soon as such ship is laid on for
the conveyance
of Chinese emigrants give notice in writing of the fact to the emigration
officer
specifying in such notice the name destination and probable time of
departure of such
ship and the depot or depots in which the intending emigrants by such
ship are lodging
or intended to be lodged before embarkation.
65. Every intending emigrant in a Chinese passenger ship shall unless
esem'pted loEmigrants is loEmigrants to
by the emigration officer lodge at the least three clear days previously,
to his embar-, bef eethrecleembsrar days
kation in the depot provided by the owners or charterers of such ship
with the approval
of the emigration officer in pursuance of section 3.
Depots to be
provided for thi
lodgment of
emigrants.
Notice cf ship
being laid on as
a Chinese
passenger ship
to be given to
emigration
officer.
g, Every such depot as aforesaid shall be under the supervision of the
emigration supervision of
dep8ts and ,
officer who may inspect the same at -such times as he shall think fit
acid may from' control nc there-
time to time with the approval. of the Governor in Council make any
regulations which ia'
shall be deemed expedient to ensure-the healthiness thereof and the
proper treatment
and control of the emigrants lodging therein.
ORDINANCE No: 6 o>s 186'T.
Emigration.
rrottcaofevery 7. The owners or Charterers of every Chinese passenger ship
or if absent from
-passage contract
made with an the Colony their respective agents and every licensed
emigration passage broker who
emigrant to be
given to emigrs- shall contract with any intending emigrant for a passage
in such ship shall' fortliwith
lion officer.
give notice in writing to the emigration officer of every such contract
specifying the
name age and sea of such emigrant and the name of such ship.
Governor $. The Governor is hereby authorized to appoint at a salary not
exceeding $2,000
authorized to
.appotntamedical per annum a medical officer whose duty it shall be to
inspect intending emigrants and
o>Hcer at a salary
not exceeding to supervise all matters and things in any way relating to
the comfort and well-being
$2,000 per
'mum. - of such emigrants both before their departure and on their voyage
and such, salary
shall be in lieu of all fees.
Medical inepec-
tlon
No emigrant t0
-embark or tie
received on board
without a permit.
Emigration.
officer to appoint
time for medical
inspection after
embarkation.
tees how
Payable.
Chinese medical
practitioners
approved by'
Colonist surgeon
maybe surgeons
of Chinese
passenger ships,,
Chinese mediet-
nee and medical
comforts.
order In Council
of the 6th'day dt'.
December 1888 -
to apply to
Chinese passen.
ger ships. ,
9. The medical inspection of intending emigrants by a Chinese passenger
ship
required by Ordinance No. 6 of 1859 shall take place on shore before
embarkation as
well as on board the said ship after embarkation and the emigration
officer shall not
grant the certificate required by the 'Chinese Passenger's Act 1855'
unless he shall
be satisfied that such double inspection has been duly made.
10. It shall not be lawful for any emigrant to embark in any Chinese
passenger
ship or for the master or other person in charge of a Chinese passenger
ship to permit
any, emigrant to embark therein, unless such emigrant shall previously
have received
and shall produce an embarkation permit from the emigration officer who
shall not
grant the same unless be shall be satisfied that such emigrant bas
undergone on shore
the medical inspection required by law to be made before embarkation.
11. The medical inspection of emigrants required to be made after their
embarka-
tion in any Chinese passenger ship shall take place at such time as the
emigration
officer shall appoint.
12. The fees heretofore payable to the medical practitioner effecting
such inspection
shall be paid in the first instance by the chatterer of such ship to the
emigration officer
and by him paid into the Treasury.
1$. Any Chinese medical practitioner properly qualified to the
satisfaction of the
Colonial Surgeon shall be eligible with approval of the Governor for the
office of
surgeon of a Chinese passenger ship within the terms o£ schedule A of the
'Chinese
Passenger's Act 1855.'
14. In all cases where a Chinese wedica.l practitioner shall be appointed
surgeon
of a Chinese passenger ship the whole or any portion of the medicines and
medical
comforts required to be placed on board by the said schedule may be
dispensed with
provided that in lieu thereof suitable and sufficient medicines and
medical comforts
adapted in Mlle method of treatment pursued by the Chinese shall be
placed on board
according to a scale to be approved by the Colonial Surgeon.
115, The order of H er Majesty the Queen in .council dated the 5th day of
December
1$65 relating to the quantity of water to be carried by passenger ships
having a certain
description of condensing apparatus shall apply to Chinese passenger
ships.
U'RDTNANCE.No. 6 or 1867:
Emigration.
16. The owners or charterers of any Chinese passenger ship and any
emigration
passage broker and any intending emigrant by a Chinese passenger ship and
any master
or other person in charge of a Chinese passenger ship who shall fail to
comply with or
commit any breach of the provisions of this Ordinance or any regulations
and bye-laws
to be framed under this Ordinance in pursuance of sections 6 and 18 so
far as they
may respectively be bound thereby and any person granting or knowingly
uttering
any forged certificate, permit, notice, or other document under this
Ordinance shall
without prejudice to any other proceeding civil or criminal be liable
upon summary
conviction before a Magistrate to a fine not exceeding $500 or to
imprisonment with or
without hard labor for any term not exceeding six months.
1'7. No Chinese passenger ship bound to any port westward of the Cape of
Good
Hope shall be permitted to clear from any port in the Colony between the
months of
Dlayand September inclusive.
18. The Governor in Council may from time to time make alter and revoke
any
bye-laws for regulating the fees payable on account of medical inspection
and super.
vision under the ' Chinese Passenger's Act 1855' and may, also malre
alter and revoke
any bye-laws and regulations for giving effect to this or any other
Ordinance of the
Colony in force for the time being relating to Chinese passenger ships,
and generally,
for better carrying into effect the provisions and objects of the said
Act and Ordinances
respectively.
19. For the purpose of this Ordinance the forms prescribed by section 4
of the
'Chinese Passenger Act 1855' and contained in schedules B and C of the
said Act
may be varied by the emigration officer with tile approval of the
Governor in Council
and the said forms so varied as aforesaid may be substituted in lieu
thereof:
20. No Chinese passenger ship shall clear out or proceed to sea without
strictly
conforming with the regulations contained in schedule A of the 'Chinese
Passenger's
Act 1855' except so far as the said regulations are modified or altered
by any of the
provisions of this Ordinance or may be inconsistent therewith; and except
as aforesaid
the said regulations shall be and continue in.full force and effect.
Punishment of
persons commit.
ting any breach
of this Ordi-
nance.
No Chinese
passenger chip
to clear between
May and Sep-
tember.
The Governor in
Council may
make by-laws.
Forms iU'. :;;;,' i
echedales olr- :..
Chinese: Pas:
eenget Act 1836!'
may.,he .varled.
Regulations of
schedule A of
'Chinese Passen.
ger Act 1865 ' to
be in force except
as altered by this
Ordi nance.
21. This Ordinance shall not extend to any steam vessel regularly
employed InOrdinance not
the conveyance of the public mails under a contract with the Government
of the State a e extend t°-maii
or Colony to which such steam vessel may belong.
22, This Ordinance shall not come into operation until Her Majesty's
confirms. Suspending
clause.
tion thereof shall have been proclaimed in the Colony by the Governor..
[Not disallowed but never proclaimed, -see C.O.D: No. 117,28-rd
SeptembPrr., 1867.
Repealed by Ordinance No. 12 of 1868.E ,-
943
Title.
Preamble.
Short title.
Interpratation of terms.
Depots to be provided for the lodgment of emigrants.
Notice of ship being laid on as a Chinese passenger ship to be given to emigration officer.
Emigrants to lodge in depot three clear days before embarkation.
Supervision of depots and control of emigrants therein.
944
Notice of every passage contract made with an emigrant to be given to emigration officer.
Governor authorized to appoint a medical officer at a salary not exceeding $2,000 per annum.
Medical inspection.
No emigrant to embark or be received on board without a permit.
Emigration officer to appoint time for medical inspection after embarkation.
Fees how payable.
Chinese medical practitioners approved by Conlonial Surgeon may be surgeous of Chinese passenger ships.
Chinese medicines and medical comforts.
order in Council of the 5th day of December 1865 to apply to Chinese passenger ships.
945
Punishment of persons committing any breach of this Ordinance.
No Chinese passenger ship to clear between May and September.
The Governor is Council may make by-laws.
Forms in schedules of 'Chinese Passenger Act 1855' may be varied.
Regulations of schedule A of 'Chinese Passenger Act 1855' to be in force except as altered by this Ordinance.
Ordinance not to extend to mail steamers.
Suspending clause.
Abstract
943
Title.
Preamble.
Short title.
Interpratation of terms.
Depots to be provided for the lodgment of emigrants.
Notice of ship being laid on as a Chinese passenger ship to be given to emigration officer.
Emigrants to lodge in depot three clear days before embarkation.
Supervision of depots and control of emigrants therein.
944
Notice of every passage contract made with an emigrant to be given to emigration officer.
Governor authorized to appoint a medical officer at a salary not exceeding $2,000 per annum.
Medical inspection.
No emigrant to embark or be received on board without a permit.
Emigration officer to appoint time for medical inspection after embarkation.
Fees how payable.
Chinese medical practitioners approved by Conlonial Surgeon may be surgeous of Chinese passenger ships.
Chinese medicines and medical comforts.
order in Council of the 5th day of December 1865 to apply to Chinese passenger ships.
945
Punishment of persons committing any breach of this Ordinance.
No Chinese passenger ship to clear between May and September.
The Governor is Council may make by-laws.
Forms in schedules of 'Chinese Passenger Act 1855' may be varied.
Regulations of schedule A of 'Chinese Passenger Act 1855' to be in force except as altered by this Ordinance.
Ordinance not to extend to mail steamers.
Suspending clause.
Title.
Preamble.
Short title.
Interpratation of terms.
Depots to be provided for the lodgment of emigrants.
Notice of ship being laid on as a Chinese passenger ship to be given to emigration officer.
Emigrants to lodge in depot three clear days before embarkation.
Supervision of depots and control of emigrants therein.
944
Notice of every passage contract made with an emigrant to be given to emigration officer.
Governor authorized to appoint a medical officer at a salary not exceeding $2,000 per annum.
Medical inspection.
No emigrant to embark or be received on board without a permit.
Emigration officer to appoint time for medical inspection after embarkation.
Fees how payable.
Chinese medical practitioners approved by Conlonial Surgeon may be surgeous of Chinese passenger ships.
Chinese medicines and medical comforts.
order in Council of the 5th day of December 1865 to apply to Chinese passenger ships.
945
Punishment of persons committing any breach of this Ordinance.
No Chinese passenger ship to clear between May and September.
The Governor is Council may make by-laws.
Forms in schedules of 'Chinese Passenger Act 1855' may be varied.
Regulations of schedule A of 'Chinese Passenger Act 1855' to be in force except as altered by this Ordinance.
Ordinance not to extend to mail steamers.
Suspending clause.
Identifier
https://oelawhk.lib.hku.hk/items/show/233
Edition
1890
Volume
v2
Cap / Ordinance No.
No. 6 of 1867
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“HONGKONG EMIGRATION ORDINANCE, 1867,” Historical Laws of Hong Kong Online, accessed May 6, 2025, https://oelawhk.lib.hku.hk/items/show/233.