HONGKONG EMIGRATION ORDINANCE, 1868

HONGKONG EMIGRATION ORDINANCE, 1868

Chinese Emigration.

No. 12 of 1868.

An Ordinance for repealing the 'Hongkong Emigration Ordinance,
1867,' and for better securing the Health and Protection of Emigrants in Chinese Passenger Ships clearing from Hongkong.

[13th October, 1868.]

WHEREAS it has become necessary to repeal the 'Hongkong Emigration Ordinance,
1867,' and amend the provisions for securing the health of
emigrants
in Chinese passenger ships clearing frond Hongkong: Be it enacted by the
Glover . nor
of Hong>~ong;with the advice of the Legislative Council thereof,
as:.fgllows:-

1. The 'Hong)iong Exiligration Ordinance, 1867;' shall be-aud the same
hereb' ~.s

2, This Ordinance may be cited for all purposes as `° The Hongkong
Emigration.

=Ordruance, 186$.'
ORDINANCE: <rTo:1l2 of, '.l $`6$
Chinese' L~igrastaon:

3. In the interpretation of this Ordinance the expression 'Chinese
Passenger Ship'
shall mean every ship carrying =frorri -any port in the Colony of
Hohghong and its=
dependencies more than twenty passengers being natives of Asia on any
voyage of
more than seven days' duration within the meaning of the 'Chinese
Passengers'4Act,
1855' as defined by section 3 of Ordinance No. 9 of 1856.

4. The owners 'or, charterers of every Chinese passenger ship shall as
soon as such

ship is ,laid on for the conveyance of Chinese emigrants provide at,
depot, or depots to-
be 'approved, of by the emigration officer wherein every- intending,
emigrant by such
ship may lodge as hereinafter provided, and every such dep8t shall be
maintained and

every emigrant lodging therein shall be supported at the expense of such
ownqrspr
charterers:

Tho owners or ekarterers of every Chinese passenger ship or if absent
fiom 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 mine, .destination .and probable dine of
dopartur a of sash
ship and the depot or depots in which the intending emigrants by suck
skip are lodging
or intended to be lodged before embarkation.

6. Every intending emigrant in a Chinese ,passenger ship shall, unless
exempted Emigrants, petw,
lay the emiaration~officer,vlodge at the leapt three .clear aays
previously to his embarks:

Lion in the depUt provided by the owners or charterers of such shill with
the

emigration, offioer iu=puzvsuanee.'o£ section 4. .'' .

Eveiy suck dep$t_ as aforesaid shall be under the sups vision of -t- o~
otaigraviou

o$'tcer -who May inspect thb same-at gush times as he sk'alltlizn'~`fit,
a>~idakele ~~a`ll beg -' °~.._ ~_~.._.

'at-all times free ingress and egress allowed to alt peisoiis to and:
from au~lt del5$-ts, fioi6-:A.m. to 6 r.nz. -

=8. Every' emigration passage broker who shall contract with any
intending , kale evfevery
contraot with
emigrant for a passage in such ship shall forthwith give notice in
writing', to the: - fie n~e = AA
'

fieW emigration officer of every such -contract specifying the name, ago
and seg of-siieh emigration

emigrant and the name of such ship. m -

9. The Governor is hereby authorized to appoint at awsalary hot
exceedingitwo Golezeax ~a~ ~~; -~'~ ~ ~
thousand dollars=per annum a medical officer «hnse duty it~skall=b-a to
inspect intenfiing _ a°~'~$x d~rt~
emigrants and to supervise all'-matters ancT thiagsnn any=way .iolatng to
the comfo'x~-: ~~t,o .~,

and well being of such emigrants -both before' their ;departure and on
their voyage,

and suchaalar'y shall be in.lieyof.all fees.

DePSts-to be ..

provided far the ' -
loagmont pf

Notice of ship- ' -
bei,,~ laid On ~a _ _

aChlnesopas~- -
sehger ehtp , to

be given to -.
emigration
officer. ,

10 Tie medical inspeCEiaxi of intending emigrants by a .Chinese passenger
shI

~,:

required, by.0- No. -6 of 1859 shall take'plaee on shore before emb
ovell as ox~ board the said skip after embxrlcatidii; and the -emigration
officer ;014riot
grant the'`certificate required kip the 'Chinese Passengers' Act, 1855''.
unless 'lie shah
:be;s~'t~&~d tliat-awchtdouble inspection .,his been duly made,..';or has
been :dispensed-
witk lay thesauctowQfalie Governor.

Tiedtcal inspec-':
aai'on.
UaRINANCE ffo.' 1ff b# 1808,

G`Adne6e F.Wgratiny,&.

11. It vshall not be lawful for -any emigrant to embark in any Chinese
passenger
slip or.for the master .or .o.ther person on board of a Chinese
;passenger ship to permit
any emigrant to embark therein, unless such emigrant shall produce an
embarkation
permit from.- the emigration officer, who shall not grant the same unless
he shall be
satisfied that such emigrant has undergone on shore the medical
inspection required by
law to be made before embarkation.

:12. The medical inspection of emigrants required to be made after their
embarkation in any Chinese passenger ship shall take place at such time
as the
emigration-_officer.shall appoint.

1$. -The fees. heretofore payable to the medical practitioper effecting
such
inspection shall be paid in the first instance by the emigration passage
broker of such
ship o the emigration officer and by him be paid into the Treasury.

14. Any Chinese medical practitioner properly qualified to the
satisfaction of the
Colonial Surgeon shall b© eligible with approval of the Governor for the
once of surgeon
of a Chinese passenger ship within the terms of schedule A of the '
Chinese Passengers'
Act;-18,55: '

1$,v.All orders of Her Majesty the Queen in Council relating to the
quantity of
water to -,be carried by passenger ships having a certain description of
condensing
k%pparntuS shall apply to Chinese passenger ships.

18. No Chinese passenger ship, unless a vessel propelled ,by steam, bound
to any

port westward of the.Cape of Good Hope shall be permitted to clear from
any port in
the,C©lony between the months of May and September inclusive.

1'!: No Chinese passenger ship shall clear out or proceed to sea without
strictly
conforming to the regulations contained in schedule A of the '° Chinese
Passengers'
Acts 185,' 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.

18. It shall be lawful, for the emigration officer at anytime when ho is
satisfied
tEa,any emigrant who is unwilling to leave the port has been obtained by
any fraud,
'vi6lence, or other improper means, to land such emigrant and procure him
a passage
back to his native place or that from which lie was taken, and also to
defray the cost of
his-maintenance whilst awaiting a return passage, and all such expenses
with all legal
costs incurred shall be recoverable by the emigration officer before.any
Police Magistrate
from the emigration passage broker of the vessel in.whic;h such emigrant,
was shipped
or intended to be shipped.

19. Whosoever shall unlawfully : either .by force or, fraud take away or
detain
against his will any man or boy with intent to put him on board a Chinese
passenger
ship ;and whosoever shall.with any, such.intent.receive, harbor, or enter
into any con-
tract for foreign service with any such man or boy:knowing tthe.same
to°have.:bqan:by
No. 12 of 1868.

Chinese Emigration

force or ,fraud taken and obtained as~in.,t~is seetiQn.klefore men
tion,ed,~shall.ho guilty of
felony and being convicted thereof shall .be liable,' at the discretion
of the Court, to .be
kept in penal servitude far any term not exceeding seven years and not
less than three
years, or to be imprisoned for any term not exceeding two years with or
without hard
labor.

~20. Every passage broker shall be liable to snake good all penalties and
expenses
chargeable to him under this Ordinance, as fully and in the same manner
as he is now
liable to make good penalties under Ordinance No. 11 of 1857.

21. 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 so far as
they may
respectively be bound thereby, and ,any person granting or knowingly
utteiing 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 five hundred dollars, or to
imprisonment
with ox without hard labor for any term not exceeding silt months.

22. This Ordinance shall not come into operation'until Her Majesty's
cenfirlna-
t ion thereof shall have been proclaimed in the Colony by the Governor.

[confurmatiouproclai7rced 6th February, ,T869; repealed ,by Ordinance No. 5 of 1874.
See also No. 3 of 1874.]
1016

Title.
Preamble.
Repeal of 'Hongkong Emigartion Oridnance, 1867.'
Short title.
1017
Interpretation of term 'Chinese Passenger Ship.'
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.
Notice of every contract with emigrants to be given to emigration officer.
Governor authorized to appoint a medical officer at a salary not exceeding $2,000 per annum.
Medical inspection.
1018
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 may be surgeons of Chinese passenger ships.
All Orders in Council to apply to Chinese passenger ships.
No Chinese passenger ship to clear between May and September.
Regulations of schedule A of 'Chinese Passengers' Act, 1855' to be in force except as altered by this Ordinance.
Emigration officer may land any emigrant who is unwilling to leave the port and who has been procured by any fraud, &c.
Punishment for improperly obtaining emigrants.
1019
Passage broker liable to make good all penalties, &c. in the same manner as under Ordinance No. 11 of 1857.
Punishment of persons committing any breach of this Ordinance.
Suspending clause.

1016

Title.
Preamble.
Repeal of 'Hongkong Emigartion Oridnance, 1867.'
Short title.
1017
Interpretation of term 'Chinese Passenger Ship.'
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.
Notice of every contract with emigrants to be given to emigration officer.
Governor authorized to appoint a medical officer at a salary not exceeding $2,000 per annum.
Medical inspection.
1018
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 may be surgeons of Chinese passenger ships.
All Orders in Council to apply to Chinese passenger ships.
No Chinese passenger ship to clear between May and September.
Regulations of schedule A of 'Chinese Passengers' Act, 1855' to be in force except as altered by this Ordinance.
Emigration officer may land any emigrant who is unwilling to leave the port and who has been procured by any fraud, &c.
Punishment for improperly obtaining emigrants.
1019
Passage broker liable to make good all penalties, &c. in the same manner as under Ordinance No. 11 of 1857.
Punishment of persons committing any breach of this Ordinance.
Suspending clause.

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No. 12 of 1868

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