HONGKONG EMIGRATION ORDINANCE, 1870

HONGKONG EMIGRATION ORDINANCE, 1870

No. 4 of 1870.

Chinese Emigration.

An Ordinance to make further Regulations respecting Chinese Passenger Ships.

[30th, March, 1870.]

HEREAS by section. 2 of 'The Chinese Passengers. tact, 1$55,' it is
enacted
that it shall be lawful for the Legislature of Hongkong, by any Ordinance
tq-

be by them enacted for that. purpose to make regulations respecting
Chinese passenger.

shzps;subject'to the proviso therein contained as to Her 1lIajesty's
confirmation of the'

sa'd4e ' Be it enacted b the Governor of-Hongkong', with the advice of
the Lemxslatne`=

nil tlier3of, as follows:-
ORDINANCE No4:-of :1,870:

Chinese Erhigrittion.

1. This Ordinance may be cited for all purposes as 'The Hongkong.
Emigration
Ordinance, 1870.'

2, In the interpretation of this Ordinance, the expression 'Chinese
Passenger lnt~er~P9e tldn'y
Ship' shad have the same meaning as that prescribed by section 3 of 'The
Hongkong pBHHenger snip:'
Emigration Ordinance, 1868.'

3. From and after the passing of this Ordinance, no Chinese. passe>lger
ship shall
clear out or proceed to sea, and the emigration officer shall not grant
the certificate
prescribed by section 4 of the 'Chinese Passengers Act, 1855,' unless the
master of
such ship shall be provided with a licence under the hand of the
(governor and tile
public seal of the Colony to be obtained in manner hereinafter mentioned.

4. The owners or charterers of every Chinese passenger ship, or i£ absent
from the Time and moss

of annlication for -
Colony their respective agents, shall; before such ship is laid on for
the conveyance of
Chinese emigrants and before any dep8t is opened for their reception,
apply iii writing
to the Colonial Secretary for a licence, under the hand of the Governor
and the public
seal of the Colony for the conveyance of such emigrants and shall furnish
all particulars
as to- the destination of the said ship and as to all other matters
relating to the
intended voyage and emigration which may be required of them. ,

g,.A.11 such particulars shall, if so ordered, be verified upon oath
before the Aaz~Hhmenceor,:°.

emigration officer or any Justice of the Peace, and every person who
shall knowingly =;

Passenger ship..

t0 proceed to H86
without s ncenoe

fro, thA -
Governor:

6. The granting of every suiili lsoenCe ~h tll be ~n they discretion o£
he 0o9erjlor,~`__~ltiak
s

in Council and shall be subject to the pa~inent o£a fee of one
~.undred~dollars anti
such conditions as may from time to thie be proscribe
_Undet--iiistructi6ns from,

Majesty's Principal Secretary of State for the Colonies,

7; Every licence granted under,this,Ordinance id xeapect of any,Chinese
passengeiv

time:of . .
ship shall specify, the period withiri=which:aizch ship sltall.clear out.
ana'praceed to sea: dp~arrnre;

Provided always that it~sliall be lawfrxl fox=the Governor' in do aiicil
from tin. e'to.time P''~°lHA,for

to extend such period.

8. In case it shall be shown- to the sata,sfaction of the governor in
Council at any.
time before the departure of a Chinese passenger ~hyp ~tliat the master,
mate 0 tot',. or any ;'
other officer of such .ship is unfit for the, prope ydisehaxge of his
duties by reason of

incompetency or misconduot,-or for any-othen suffa~eni<'`cause, it shall
be lawful 'for.
the Governor by order undez~ his hand to discharge and remove such
master'. Mate' or r
other officer from the said -ship, and thereupon `tile owners or
charterers, thereof, or
their agents, shall forthwith appoint a master or matey or other officer
as the case may,
be, to. be approved bythe emigration officer in the plaee.of-the one so:
dxao~arged, ;and .
removed as aforesaid.
ORDINANCE -No. 4 0p-18~0.

Chinese Emigration.

V,. In any of the following cases, namely: -

1st. If it shall appear to the satisfaction of the Governor in Council at
any time before the departure of a Chinese passenger ship that the
particulars
furnished in relation thereto under section 4 are untrue, or that any
condition
of the said licence has been violated;

end. If any Chinese passenger ship shall fail to clear out and proceed
sea, within the period specified in the licence granted under this
Ordinance;.
or within such extended period as aforesaid;

3rd. If the owners or charterers of a Chinese passenger ship' shall fail
forthwith to appoint a master, mate or other officer to be approved as,
aforesaid,
in the place of any master, mate or other officer discharged under
section 7,; . ,

It shall be lawful for~the Governor in Council to revoke the licence
granted under this
Ordinance in respect of such Chinese passenger ship, and to order that
the said ship lie
seized and detained until the said licence and the certificate of the
emigration officer,
(if'already granted) be delivered up to be cancelled.

Application of y~ 10. It shall be ),awful for the Governor in Council, to
apply the. whole or any part
eiestty fofe-. ~

~reacfi,ot~bt~ d~he; ~nalty recoverable in case of the non-observance or
non-performance' of the

~gtiI`a oafs of this Ordinance under the provisions of section 4 of the
'Chines

'o idlinaftbo

u

n

;~s~euge swot, . l~assen,gers Act, 1$55,' towards the expenses of
reconveying to .their homes intending

emigrants by any vessel in respect of which the licence granted under
this Ordinance
shall have been revoked in manner hereinbefore provided.

Z'dons
hge%l. d.o
14 Chinese
Passengers Act,
1855,11 not to be

.affected by this
Ordinance.

r,

9ft ending

11. It shall be lawful for the Governor in Council,, from time to time,
to exempt
from the operation of this Ordinance, any mail steamers or, other
.vessels which are
subjeet to the provisions of the 'Chinese Passengers .Act, 1855,'
provided that the
Chinese passengers proceeding in such vessels be free emigrants and under
no contract
of service whatever.

12. Nothing in this- Ordinance, shall be deemed to affect the regulations
contained,
in, schedule A of the ' Chinese Passengers Act, 1855 ' which shall be and
continue. in
full, foree and effect as provided by section 17 of the °' Hongkong
Emigration Ordinance,

13. This_ Ordinance shall not tome into operation until Her Majesty's
confiranation
hereof shall have been proclaimed in 'the Colony by the Governor.

[Confirmalio:~2 proclaimed 24th August, 1870. Repealed by Ordinance No: 5
of 1874; see also Ordinance, X0. 3 of 1874 and No. 8 of 1871, section 5.]
1048

Title.
Preamble.
1049
Short title.
Interpretation of 'Chinese Passenger Ship.'
No Chinese passneger ship to proceed to sea without a licence from the Governor.
Time and mode of application for licence.
Punishment for furnishing untrue particulars.
Condition of licence and amount of fee.
Licence to specify time of departure; proviso for extension thereof.
Power ot remove master or other officer.
1050
Power to revoke and cancel licence.
Application of penalty for breach of this Ordinance recoverable under the 'Chinese Pasengers Act, 1855.'
Power to exempt certain vessels from the operation of this Ordinance.
Regualtion fo schedule A of 'Chinese Passsengers Act, 1855,' not to be affected by this Ordinance.
Suspending clause.

1048

Title.
Preamble.
1049
Short title.
Interpretation of 'Chinese Passenger Ship.'
No Chinese passneger ship to proceed to sea without a licence from the Governor.
Time and mode of application for licence.
Punishment for furnishing untrue particulars.
Condition of licence and amount of fee.
Licence to specify time of departure; proviso for extension thereof.
Power ot remove master or other officer.
1050
Power to revoke and cancel licence.
Application of penalty for breach of this Ordinance recoverable under the 'Chinese Pasengers Act, 1855.'
Power to exempt certain vessels from the operation of this Ordinance.
Regualtion fo schedule A of 'Chinese Passsengers Act, 1855,' not to be affected by this Ordinance.
Suspending clause.

https://oelawhk.lib.hku.hk/items/show/273

1890

v2

No. 4 of 1870

3