CHINESE PASSENGERS' ORDINANCE, 1871
Title
CHINESE PASSENGERS' ORDINANCE, 1871
Description
Chinese Emigration.
No. 8 of 1871.
An Ordinance to modify the Regulations of the Chinese Passengers'
Act, 1855,' in respect of Chinese Passenger Ships procceding upon
Short Voyages.
Whereas by section 2 of the 'Chinese Passengers' Act 1855,' it is enacted
that it shall be lawful. for thd~regislstui~-, of=Hrrilg>talig, by arty
`Ordinanee to
b8asy tlletn enacted for shat purpoeevto=.firisl;?a§ tegul~ixioils
respedtiaag Cliihe'se pa'ssertge~
ship%, and in the case; of British chips tog' ieetiiig `tlte~'Watnisut I
:of passengers tlicrdil'
wliil8 at sea; and that until such enadt>reent thel2gulations contained
in schedule A t6
the raid -.Act annexed shall be in`fdrce; Atld cvhereas it is expedient,
by an Ordiuaric~=of
this gaidvegislature; to relieve Chin-eae pasgebger fihips proceeding
upon voyages rrf=iiot
more than thirty days' duration, from the regulations- of the said
schodule, a31c~-46
r
ptQvide iir=lied thereof modified` `reg511aGtions toiwsiich ships,
'subject nevertheless to I the
p'k An th aid Act contained as to Her Xajeaty's colifirmatioA 'thor66 B4-
it
i6v G. 0 6 of:
-
enacted by the= Governor of Hongkong; with the advice -of, the
Tlegislative Council
thereof, as follows
~e8io;be or
of more than
O RDI NANCli; No., 8 of 1871.
Chinese Emigration.
1. This Ordinance may be cited for all purposes as The Chinese Passengers'
Ordinance, 1871.'
In the interpretation of this Ordinance, the terms and expressions
following,
that is to say: ' Chinese Passeng4r Ship,' 'Governor,' ' British Consul,'
°` Emigra..
tion Officer,' and ' Master,' shall be construed respectively in the
manner prescribed
by section 1 of the ' Chinese Passengers' Act, 1855.' .
$. The application of this Ordinance is hereby expressly limited to:-,
Firstly,-Chinese passenger ships, being British vessels, which shall
cleai out
pr proceed to sea upon any voyage, declared to be -a voyage of not more
. than thirty days' duration, by section 4 of this Ordinance.
Secondly,--Chinese passenger ships, being British vessels, wliibli shall
clear
out and proceed to sea from Hongkong or from any port in China or
within..olie hundred miles of the coast, thereof, upon a voyage to any,
port
to the eastward of the 90th degree #f feast longitude, declared to be a,
voyage of not more than thirty, days' duration by any proclamation=in
foree for the time being issued by the Governor of Hongkong, under
section 3 of the 'Uh'inese Passengers' Act, 1855.'
Thirdly-,:-Chinese passenger ships of whatever nationality which shall
clear-
out orAp~oceed:to sea; from any port in Hongkong upon any such voyages
- firstly and secondly mentioned,
Provided always, that notliing in this Ordinance contained .shall be
deemed, to, affect
an e Chinese passenger ship which shall clear out or proceed to sea upon
'a voyage of
not more than seven days' duration, within the meaning of the 'Chinese
Passeng''ers'-
.Act, 1855,' and of section,3 of Ordinance No. 9 of 1856, or any ship to
which the pro-
visions of the said Act do not apply. '
4. The voyages specified in schedule A to this Ordinance annexed, are
hereby
declared to be voyages of not more than thirty days' duration, subject as
regards
steamers to the eonditions.as to their rate of speed and as regards
sailing vessels to
~$he conditions as to the periods of the year during which the voyage
shall -be performed,
in the said,schedule.respecti9ely eBpressed and contained.
snnet3tat;oa or k.~ 5; =From and after the eplnmeftcelrient'of
this'=Ordinance, the regulations contained
echedNe $ in'
lieu ofachednle -:=,i~ schedule A.-of the 'Chinese Passeng-ers'-
Act,,~1855,' the 'Chinese Passengers'
d of the Imperial
act and or geal,ih;prainance,' (No. f of 1859),.« The Hongk mg Emigration
Ordinance; -1870,'
certain Urdr -
(No 9~ of-1870), and all proclamations now it foree,-issued by the
Governor of Hong ,
kong under section 3 of the ' Chinese Passengers' Act, 1855,' shall cease
to be in
force; in,respect of .Chinese, passenger ships. to which thin Ordinance
applies, aid as
respects such ships, the regulations contained in schedule B to this
Ordinance annexed,
shall be in force in lieu thereof.
Nothing herein contained shall be deemed to relieve Chinese passenger
s3aips,
one afiIM et391 -'
~_ of 3o~r~i~Mee bo which this Ordinance applies from the provisions of
the 'Chinese Passengers' Act;
1855,'except so far as the said provisions are hereby expressly modified
and varied
under the power in that behalf in the said Act contained.
ORDINANCE No. R or 1871:
Chinese Emigration:
7. This Ordinance shall not oolne~into operation until Her Majesty's
confirmation smpana
clause.
thereof shall have been proclaimed in the Colony lay the Governor. '
SCHEDULE A.
Voyages referred to an section 4.
FOR STEAMERS
whose steam power shall be sufficient without the aid of sails to propel
them at the rate of five
statute miles in the hour:
Voyages from Hongkong, Swatow, Amoy, Foochow, Ningpo, Shanghai, and any
port in Formosa to
Calcutta.
Pegu. . .
Sumatra.
Java:
The Straits Settlements.
l.abuan.
Sarawak.
Manila.
Bangkok.
Saigon.
Hue.
Japan.
FOR SAILING VESSELS.
Voyages from Hongkong, Swatow; Amoy, F ooehow, Ningpo, Shanghai, and any
port in Formosa to
From October to March, both inclusive.
Sumatra. . ~
Java.
The Straits Settlements.
Lab uan.
Manila.
Bangkok.
Saigon.
Hue.
SCHEDULE B
.
Be gulatirms referred t1d ftaaation 5 re`speeEi?tg -Ch%o-nese ptcasenr~ea
ships to iv7ciela this
Ordinafi',RC:upp7ries
1. No skip shall clear out or proceed to sea unless the master thereof
shall have received from an ,
emigration officer a copy of. this Ordinance,- for which a fee of $l
shall be payable, and a certificate -in
the form.contained in schedule C annexed thereto, nor until the master
shall have entered into the bond -
prescribed by section 4- of the 1° Chinese Paseengera'.Act; 1855.'
t2,: No emigration officer'shall be'bound;to give.sueli: certificate till
seven days after receiving an
application in wnting.for-the same from the-owners or charterers of the
ship, or, if absent; from their .
respective agents, specifying the name of the ship, her
tonnage,-t<he.port of destination, the~proposed day
of departure, the number of passengers intended to bg carried, and
whether sucli'-passengers or any of
them are under contracts of service. -e.
'A -:1 to ,5'antamhar_ hnth
Iinehip'Ed dEpnrG
,- ~*I'kht~b~,ante.--
- ~dtnalftcC~O. IA
of 1872.1
6pplicattou foe
f teed to bN
y...
lh~dtnance n. l
Accommodation of
passengers. ,
ventilation, space
and height between
.iyb.
~~,-eF ,rec®ipdnq such, application, the emigration officer and any
person authorized by Win-, io
that behalf shall be at liberty at a)1 tinges to enter and inspect
the.ship, and the fittings; provisions, a~c~-
stores therein, and any person impeding such entry or inspection, or
refusing to allow of the same, shall -
be liable to a fine not exceeding $100 for each offence.
4. The following conditions as to the accommodation of passengers shall
be observed to the sans.- ,
faction of the emigration officer:-
1. The apace appropriated. to. the pssaepgers. between decks shall be
properly ventilated, and
shall contain at the least 9 superficial and 64 cubical feet of space for
every adult on board
that is to say, for every passenger above twelve years of age, and for
every two paseengers-
-$aie and female
;apwoqon Upper
aookr .
Sick Bay, ke.
Peak plungers,
between the ages of one and twelve years: The height between decks shall
beat least six_
,feet; .
2. The accommodation for female passengers between decks shall'be
separate from that pxo--,
vided for male passengers.
$; A: space, of. four supe>'fieial feet per a4ult shall be left clear on
the upper deck for the, use of -'
the passengers. ,
4. A reasonable apace shall be set apart properly divided and fitted up
as a,sielt .bay, and. suffi--
eient latrines both as to condition and number shall be provided in
au,itabJ.e parts of the -.
ship.
G. The emigration officer may, in his discretion, permit deck passengers
to be carried, upon Such
conditions as may from time to tin3e be prescribed under instructions
from one of. Her Majesty's
Principal Secretaries of State, and until, and subject tq,such
instructions, upon the conditions following ~-:==
1. A suitable awning with, screens, sjiall be provided, on deck,
sufficient for the, protectiqn of,
the passengers from the sun and from rain.
2. The shape appxoprlFyted.to slzcb deck passengers shall-contain at the.
least sigteen..al~gerfiai,al`-
feet for every adult, that, into say, for every passenger above twelve
years of.age,'and
every two passengers between the ages of one and twelve.
fi
3. In case deck passengers shall be carried in addition to other
passengers for whom
accomodation between decks shall be provided, the space to be
appropriated for deck
passengers shall be .ieckoned exclusively of the apace of four
superficial feet per adult
required to be left clear on the upper deck for the use of such other
passengers.
8. The following conditions as to provisions. shell be observed to the.
satisfaction of the emigration .
Reserved space.
7. Provisions, fuel and water shall be placed on board of good quality,
properly packed and
sufficient for the use and consumption of the passengers, over and above
the victualling of
the crew during the intended voyage, according to the following scale
For every passenger per diem:-
not less than
Mice or bread stuffs , .,. . . , , , , . lb$., lj,
Dried a'd salt fiah, . .- 0j
Chinese condiments and curry stuff,,,:, OZ. 1 -
FresUr vegetsiblea?;.velzich:will:keep-for:sliort.voyages;
sued as . sweet potatoes, tuTtzip9,., carroxsr.aud-~ ibs.1T.
.'
pumpkins, , . , . ,
Fire wood, , .,. . ~ . . . . ,
~1, 2i
Water, (tq,be.ca;>?rietl in tankspr,sweetqasks), .. ... gallon- 1,
2~ The last preceding condition .aa.'to~provisiona shall be deemed to
have,been
in any. case where.:by:the
any other aiticless of
food shall have been substituted,.for#.haartielea:enumerated.in
the-foregoing.scale,r.sbeing-
equivalent thereto.
0RRINANCK .V6,. .& 0 1871:
Qhinew Rinxgrutiolt..
. 3:. The, passengers may supply. their own provisions for the voyanre
and proper accommodation
fair, the stowage, and sufficient-cabooses for the cooking of such
provisions must be allowed:
' - 4. When ae ship shall be destined to call at any poft mentioned in the
emigration officer's
clearing ccr'cifcite fjr fresh water or provisions, a supply of. fresh
water and provisions
according to the scale herainbefore contained for every day of the
average voyage to such
port shall, unless the emigration officer shall otherwise direct, be
deemed to be in
compliance with this Ordinance.
1. The emigration officer shall not give his certificate unless he shall
be satisfied:-
d
1: That=the ship is searwortby, and properly manned, equi pped, fitted,
and ventilated ; and has
not on board any oargo likely, from its quality, quantity, or .mode of
stowage, to prejudice
the.health or, safety of- the passengers. - ,
2. That suitable medicines and medical stores, provisions, fuel and water
have been placed o i
board,,of good quality, properly packed and sufficient in quantity to
supply the passenger i
on board during the intended voyage.
3, That all the'requirements of this Ordinance have been complied with.
S: The emigration officer-may in. his,discretion
(dubjectin=Ilotigkorigtoan appeal to the (iovernorj,~;e;;eexsand fog':
withhold his certificate in all cases where the intended passengers or
any of them are under contracts of eoutrneta, if any.
-service; and he shall in no case give his certificate until he shall
have mustered the passengers, and
haxe.ascertained to the best of his power that they understand whither
th:y are going, and in cars they
shall have-made, any contracts of service that they comprehend the nature
thereof-; he shall also take
care that &,copy of the form of any such contracts, or an abstract of
their substance, signed by himself, ,
isappeuded to the-said certificate: If any of the passengers are in bad
health, or insufficiently provided,,
with clothing,. or if, any, such contractq, are unfair, or if there is
reason to suspect that fraud or - piolc4-
have, been pxaotised in their collection or embaxcation, he may detain
the ship, and if he shall, thjzfk fit; ;
animnea at,
of ca1L
Conlonta of
may, order, all',pr-any of the passengers to be re-landed:
9. The emigration officer may, if he shall think fit, before'.gl!~t4ng
his:ecWfi~laeiroy; any'diily ~ratio
~ ~°
qualified medical practitioner, master mariner, marine surveyor,
or.othepexson whose pro'asional ; ma611 moo,
assistance and advice he may require for the purpose of ascertaining
whether the xdixuirementa of this, and °`~'''a' ,
Ordinance have been duly complied with, and the, costs, and charges of
obtaining-such assistance and
advice, shall be defrayed by the owners. or charterers of the slap,
whether the emigration officer shall
grant his certificate or not.
10. The emigration officer shall from time to ti ine-fii'ti reasoiiable
scale of fees and charges to be
approved by one of Her Majesty's Principal Secretaries-of State, for the
remuneration of any professional
pexsoue who may: be.employed by him under the last preceding
regula'tion,,alrd. pending,. the appTbval
,or: disapproval of such scale, the fees and charges therein specified
shall be payable, as if the same had
lbeen sp ploved,in,mN,nner.aforesaid.
11: The owners or charterers of-every ship sl~ali pay such fees for the
remirnenatioir of the emigra- - Y- ^f emtgnten
Coe'. -
Lion of&cet, as may from time to -time be ordered under instructions from
one of Her Majesty's Principal - .
Secretaries of State, and utrtil,and subject to such instructions, the
following fees shall be payable fit-
addition - =' -
.to all.fees.chargeable under regulation 10 .
Upon.the application forea certificate;.
Upon the granting of thevcertificate, .,
See order in Council 9th April, 1,878, (Gazette 12t1a April,.
- 12a::In case dc£ault shall, be made 1y the owners or charterers of the
ship- in, the- payment of any
feos.,nud. changes: t9;cshieh.they,mfty, be liable under this Ordinance,
the ship. mfiy: be detained by th;
British Coniul; or if in Hongkong by the governor; until such fees and
Charges shall have been paid. -
Power to daEnin
ship for non-
payment of feoe.
ORDINANCE NO'. 8 of 18fi1:
Chinese Emigration.
13. The emigration officer may withhold his certificate or revoke the
same at any time before the
departure of the ship, if it shall appear to his satisfaction that any
particulars contained in the
application in writing which shall-have*becn made for' the same ilr any
other particulars which may
have been furnished to him by or on behalf of the owners, charterers. or
master of the ship in relation
thereto, are untrue, and that the conditions of this Ordinance have not
been complied with; and in
every such case it shall be lawful for the British Consul, or if in
Hongkong for the Governor, to seize
and detain the ship until the certificate if already granted, shall have
been delivered up to be cancelled.
14,-..The master of every British ship shall, during the, whole of the
intended voyage; make issues
of provisions, fuel and water, according to the aforesaid dietary scale,
to all the passengers except; such
as shall have supplied themselves therewith, 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 ill-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 judgment, and shall call at such ports as may be
mentioned in the emigration officer's .
clearing certificate for fresh water and other necessaries ; and shall
carry the passengers without
unnecessary delay to the destination to which they have contracted to
proceed.
. . Iii. The.master of every British- ship shall within 24 hours after
his arrival at the port of destina.
tion and .at any . port of call, produce his emigration papers to the.
British Consul (if any) at such port
or in case such port shall be in Her Majesty's dominions to any officer
appointed or authorized by the
Vocal Government in that behalf.. -It shall be lawful for such Consul or
other officer to enter and inspect
such ship, and in case the master shall obstruct or refuse to assist him
in the discharge of such duty, or
shill; wxthdtit: reasonable cause fail to produce his emigration papers
as aforesaid, he shall be liable to a
fine of $590, and. the ship may lie detained lsy the British Consul, or
if in Her Majesty's dominions, by
7'-
+e t 11elialf have been paid, and the emigration papers shall have been.
oy rulnell until such ne
;Dd~i®h cousui `18, In all ports and places where no emigration officer
shall have been appointed, the British
:-,:dpeuab8emtgrntion
e:.--.o~oor Where no - - ~onsul shall, until such appointment, and at all
times pending the vacancy of such office, be deemed to
viuh o8icedfa-
xn,~4 at~a, , - be the emigration officer for the purposes of these
regulations.
SCHEDULE C.
E»vEgration Offcar'e Cart'~/'ccatc.
~,-;[A. B] 8zc:;emigration officer at the port of
1 1;pat.$he Chinese passenger ship
do hereby certify as follows
A. B., master, of the part of-=
is vc!ithin'the provisions of an Ordinance of the Legislature of
:y.:Hozlgkong, entitled .'The Chinese Passengers' Ordinance, 1871,'. (a
copy whereof is
~.,,,-anneked hereto); and that the said ship is authorized to proceed
.to sea from the port of .
for the port of
2. That the said ship is authorized to carry
adults. and that there are oil-
board-`- , .passengers,- [if any are deck paasengms add: of whom are deck
passengers], -m'aking in , all - adults, namely: men women
male children , , female children, such childreh being between.the ages of
one and twelve years.
3. That the space set apart~an<1 to be kept clear for the use of such
passengers is as follows:-
On the upper deck - superficial feet being [describe space] and in the
between
decks superficial feet being [describe space.]
Chinese Emigration.
No. 8 of 1871.
4. That the ship is sea-worthy, and properly manned, equipped, fitted,
and ventilated; and has,
not on board any cargo likely, from its quality, quantity, or mode of
stowage, to prejudice
the health or safety of the passengers. The means of ventilating the
passengers' accom-
modation between decks are as follows: [describe means.]
5. That suitable medicines and medical stores, provisions, fuel and water
have been placed on
board, of good quality; properly packed and sufficient in quantity to
supply the passengers
on board during the intended voyage,
6. That all the conditions and requirements of the said Ordinance of the
Legislature of Hon ;-
kong have been duly complied with.
That the aforesaid passengers (or in case of a part only, state- the
number,] are emigrants
under contracts of service and that I have inspected the contracts
between them and their
intended employers (the terms of which are annexed to this certificate)
and consider them
reasonable;, and that no fraud appears to have been practised in
collecting such emigrants.
8. That the master of the ship is to put into
Dated the day of[
la ..
for water and fresh vegetables.,
A. B.,
Eonigration D,etem at the pmt of
N.,.TI.-Where none of' the. passengers are emigrants under contracts of
service, the following paragraph
shall be substituted for paragraph 7.
'7. That the whole of the said passengers arc free passengers under no
contract. of
' service whatever.'
Confcrrieation proclaimed 29th January, 1872. Repealed by 01 rdinanee .
l4'0., 5 of 1874. See also Ordinance. No .3 of 1874 3
,.
NOTE.--For scale of fees and charges fog tke remune9'ataon ~fp~ssao4al
~e~sott~.~
employed under the Ordinance, see'-Gazette 25th June, 1872.
1111
Title.
Preamble.
1112
Short title.
Interpretation clause.
Application of Ordinance.
Voyages declared to be of not more than thirty days' duration.
Substitution of schedule B in lieu of schedule A of the Imperial Act and of certain Ordinances.
General provisions of Imperial Act to continue in force.
1113
Suspending clause.
No ship to depart without certificate.
[Added to by Ordinance No. 13 of 1872.]
Application for same.
[Added to be Ordinance No. 13 of 1872.]
1114
Inspection of ship.
Accommodation of passengers.
Ventilation, space and height between decks.
Male and female passengers.
Space on upper deck.
Sick Bay, &c.
Deck passengers.
Awning.
Space.
Reserved space.
Provisons.
Scale.
Articles of food mentioned in scale may be varied.
1115
Passengers' own supplies.
Supplies at port of call.
Contents of certificate.
Examination of passengers and of contracts, if any.
Emigration officer may employ medical men, marine surveyors, and others.
Fees of emigration officer.
Power to detain ship for non-payment of fees.
1116
In case of false particulars, ship may be detained, and certificate cancelled.
Treatment of passengers at sea.
Production of emigtation papers at port of destination.
British Consul deemed emigration officer where no such officer is appointed.
1117
No. 8 of 1871.
An Ordinance to modify the Regulations of the Chinese Passengers'
Act, 1855,' in respect of Chinese Passenger Ships procceding upon
Short Voyages.
Whereas by section 2 of the 'Chinese Passengers' Act 1855,' it is enacted
that it shall be lawful. for thd~regislstui~-, of=Hrrilg>talig, by arty
`Ordinanee to
b8asy tlletn enacted for shat purpoeevto=.firisl;?a§ tegul~ixioils
respedtiaag Cliihe'se pa'ssertge~
ship%, and in the case; of British chips tog' ieetiiig `tlte~'Watnisut I
:of passengers tlicrdil'
wliil8 at sea; and that until such enadt>reent thel2gulations contained
in schedule A t6
the raid -.Act annexed shall be in`fdrce; Atld cvhereas it is expedient,
by an Ordiuaric~=of
this gaidvegislature; to relieve Chin-eae pasgebger fihips proceeding
upon voyages rrf=iiot
more than thirty days' duration, from the regulations- of the said
schodule, a31c~-46
r
ptQvide iir=lied thereof modified` `reg511aGtions toiwsiich ships,
'subject nevertheless to I the
p'k An th aid Act contained as to Her Xajeaty's colifirmatioA 'thor66 B4-
it
i6v G. 0 6 of:
-
enacted by the= Governor of Hongkong; with the advice -of, the
Tlegislative Council
thereof, as follows
~e8io;be or
of more than
O RDI NANCli; No., 8 of 1871.
Chinese Emigration.
1. This Ordinance may be cited for all purposes as The Chinese Passengers'
Ordinance, 1871.'
In the interpretation of this Ordinance, the terms and expressions
following,
that is to say: ' Chinese Passeng4r Ship,' 'Governor,' ' British Consul,'
°` Emigra..
tion Officer,' and ' Master,' shall be construed respectively in the
manner prescribed
by section 1 of the ' Chinese Passengers' Act, 1855.' .
$. The application of this Ordinance is hereby expressly limited to:-,
Firstly,-Chinese passenger ships, being British vessels, which shall
cleai out
pr proceed to sea upon any voyage, declared to be -a voyage of not more
. than thirty days' duration, by section 4 of this Ordinance.
Secondly,--Chinese passenger ships, being British vessels, wliibli shall
clear
out and proceed to sea from Hongkong or from any port in China or
within..olie hundred miles of the coast, thereof, upon a voyage to any,
port
to the eastward of the 90th degree #f feast longitude, declared to be a,
voyage of not more than thirty, days' duration by any proclamation=in
foree for the time being issued by the Governor of Hongkong, under
section 3 of the 'Uh'inese Passengers' Act, 1855.'
Thirdly-,:-Chinese passenger ships of whatever nationality which shall
clear-
out orAp~oceed:to sea; from any port in Hongkong upon any such voyages
- firstly and secondly mentioned,
Provided always, that notliing in this Ordinance contained .shall be
deemed, to, affect
an e Chinese passenger ship which shall clear out or proceed to sea upon
'a voyage of
not more than seven days' duration, within the meaning of the 'Chinese
Passeng''ers'-
.Act, 1855,' and of section,3 of Ordinance No. 9 of 1856, or any ship to
which the pro-
visions of the said Act do not apply. '
4. The voyages specified in schedule A to this Ordinance annexed, are
hereby
declared to be voyages of not more than thirty days' duration, subject as
regards
steamers to the eonditions.as to their rate of speed and as regards
sailing vessels to
~$he conditions as to the periods of the year during which the voyage
shall -be performed,
in the said,schedule.respecti9ely eBpressed and contained.
snnet3tat;oa or k.~ 5; =From and after the eplnmeftcelrient'of
this'=Ordinance, the regulations contained
echedNe $ in'
lieu ofachednle -:=,i~ schedule A.-of the 'Chinese Passeng-ers'-
Act,,~1855,' the 'Chinese Passengers'
d of the Imperial
act and or geal,ih;prainance,' (No. f of 1859),.« The Hongk mg Emigration
Ordinance; -1870,'
certain Urdr -
(No 9~ of-1870), and all proclamations now it foree,-issued by the
Governor of Hong ,
kong under section 3 of the ' Chinese Passengers' Act, 1855,' shall cease
to be in
force; in,respect of .Chinese, passenger ships. to which thin Ordinance
applies, aid as
respects such ships, the regulations contained in schedule B to this
Ordinance annexed,
shall be in force in lieu thereof.
Nothing herein contained shall be deemed to relieve Chinese passenger
s3aips,
one afiIM et391 -'
~_ of 3o~r~i~Mee bo which this Ordinance applies from the provisions of
the 'Chinese Passengers' Act;
1855,'except so far as the said provisions are hereby expressly modified
and varied
under the power in that behalf in the said Act contained.
ORDINANCE No. R or 1871:
Chinese Emigration:
7. This Ordinance shall not oolne~into operation until Her Majesty's
confirmation smpana
clause.
thereof shall have been proclaimed in the Colony lay the Governor. '
SCHEDULE A.
Voyages referred to an section 4.
FOR STEAMERS
whose steam power shall be sufficient without the aid of sails to propel
them at the rate of five
statute miles in the hour:
Voyages from Hongkong, Swatow, Amoy, Foochow, Ningpo, Shanghai, and any
port in Formosa to
Calcutta.
Pegu. . .
Sumatra.
Java:
The Straits Settlements.
l.abuan.
Sarawak.
Manila.
Bangkok.
Saigon.
Hue.
Japan.
FOR SAILING VESSELS.
Voyages from Hongkong, Swatow; Amoy, F ooehow, Ningpo, Shanghai, and any
port in Formosa to
From October to March, both inclusive.
Sumatra. . ~
Java.
The Straits Settlements.
Lab uan.
Manila.
Bangkok.
Saigon.
Hue.
SCHEDULE B
.
Be gulatirms referred t1d ftaaation 5 re`speeEi?tg -Ch%o-nese ptcasenr~ea
ships to iv7ciela this
Ordinafi',RC:upp7ries
1. No skip shall clear out or proceed to sea unless the master thereof
shall have received from an ,
emigration officer a copy of. this Ordinance,- for which a fee of $l
shall be payable, and a certificate -in
the form.contained in schedule C annexed thereto, nor until the master
shall have entered into the bond -
prescribed by section 4- of the 1° Chinese Paseengera'.Act; 1855.'
t2,: No emigration officer'shall be'bound;to give.sueli: certificate till
seven days after receiving an
application in wnting.for-the same from the-owners or charterers of the
ship, or, if absent; from their .
respective agents, specifying the name of the ship, her
tonnage,-t<he.port of destination, the~proposed day
of departure, the number of passengers intended to bg carried, and
whether sucli'-passengers or any of
them are under contracts of service. -e.
'A -:1 to ,5'antamhar_ hnth
Iinehip'Ed dEpnrG
,- ~*I'kht~b~,ante.--
- ~dtnalftcC~O. IA
of 1872.1
6pplicattou foe
f teed to bN
y...
lh~dtnance n. l
Accommodation of
passengers. ,
ventilation, space
and height between
.iyb.
~~,-eF ,rec®ipdnq such, application, the emigration officer and any
person authorized by Win-, io
that behalf shall be at liberty at a)1 tinges to enter and inspect
the.ship, and the fittings; provisions, a~c~-
stores therein, and any person impeding such entry or inspection, or
refusing to allow of the same, shall -
be liable to a fine not exceeding $100 for each offence.
4. The following conditions as to the accommodation of passengers shall
be observed to the sans.- ,
faction of the emigration officer:-
1. The apace appropriated. to. the pssaepgers. between decks shall be
properly ventilated, and
shall contain at the least 9 superficial and 64 cubical feet of space for
every adult on board
that is to say, for every passenger above twelve years of age, and for
every two paseengers-
-$aie and female
;apwoqon Upper
aookr .
Sick Bay, ke.
Peak plungers,
between the ages of one and twelve years: The height between decks shall
beat least six_
,feet; .
2. The accommodation for female passengers between decks shall'be
separate from that pxo--,
vided for male passengers.
$; A: space, of. four supe>'fieial feet per a4ult shall be left clear on
the upper deck for the, use of -'
the passengers. ,
4. A reasonable apace shall be set apart properly divided and fitted up
as a,sielt .bay, and. suffi--
eient latrines both as to condition and number shall be provided in
au,itabJ.e parts of the -.
ship.
G. The emigration officer may, in his discretion, permit deck passengers
to be carried, upon Such
conditions as may from time to tin3e be prescribed under instructions
from one of. Her Majesty's
Principal Secretaries of State, and until, and subject tq,such
instructions, upon the conditions following ~-:==
1. A suitable awning with, screens, sjiall be provided, on deck,
sufficient for the, protectiqn of,
the passengers from the sun and from rain.
2. The shape appxoprlFyted.to slzcb deck passengers shall-contain at the.
least sigteen..al~gerfiai,al`-
feet for every adult, that, into say, for every passenger above twelve
years of.age,'and
every two passengers between the ages of one and twelve.
fi
3. In case deck passengers shall be carried in addition to other
passengers for whom
accomodation between decks shall be provided, the space to be
appropriated for deck
passengers shall be .ieckoned exclusively of the apace of four
superficial feet per adult
required to be left clear on the upper deck for the use of such other
passengers.
8. The following conditions as to provisions. shell be observed to the.
satisfaction of the emigration .
Reserved space.
7. Provisions, fuel and water shall be placed on board of good quality,
properly packed and
sufficient for the use and consumption of the passengers, over and above
the victualling of
the crew during the intended voyage, according to the following scale
For every passenger per diem:-
not less than
Mice or bread stuffs , .,. . . , , , , . lb$., lj,
Dried a'd salt fiah, . .- 0j
Chinese condiments and curry stuff,,,:, OZ. 1 -
FresUr vegetsiblea?;.velzich:will:keep-for:sliort.voyages;
sued as . sweet potatoes, tuTtzip9,., carroxsr.aud-~ ibs.1T.
.'
pumpkins, , . , . ,
Fire wood, , .,. . ~ . . . . ,
~1, 2i
Water, (tq,be.ca;>?rietl in tankspr,sweetqasks), .. ... gallon- 1,
2~ The last preceding condition .aa.'to~provisiona shall be deemed to
have,been
in any. case where.:by:the
any other aiticless of
food shall have been substituted,.for#.haartielea:enumerated.in
the-foregoing.scale,r.sbeing-
equivalent thereto.
0RRINANCK .V6,. .& 0 1871:
Qhinew Rinxgrutiolt..
. 3:. The, passengers may supply. their own provisions for the voyanre
and proper accommodation
fair, the stowage, and sufficient-cabooses for the cooking of such
provisions must be allowed:
' - 4. When ae ship shall be destined to call at any poft mentioned in the
emigration officer's
clearing ccr'cifcite fjr fresh water or provisions, a supply of. fresh
water and provisions
according to the scale herainbefore contained for every day of the
average voyage to such
port shall, unless the emigration officer shall otherwise direct, be
deemed to be in
compliance with this Ordinance.
1. The emigration officer shall not give his certificate unless he shall
be satisfied:-
d
1: That=the ship is searwortby, and properly manned, equi pped, fitted,
and ventilated ; and has
not on board any oargo likely, from its quality, quantity, or .mode of
stowage, to prejudice
the.health or, safety of- the passengers. - ,
2. That suitable medicines and medical stores, provisions, fuel and water
have been placed o i
board,,of good quality, properly packed and sufficient in quantity to
supply the passenger i
on board during the intended voyage.
3, That all the'requirements of this Ordinance have been complied with.
S: The emigration officer-may in. his,discretion
(dubjectin=Ilotigkorigtoan appeal to the (iovernorj,~;e;;eexsand fog':
withhold his certificate in all cases where the intended passengers or
any of them are under contracts of eoutrneta, if any.
-service; and he shall in no case give his certificate until he shall
have mustered the passengers, and
haxe.ascertained to the best of his power that they understand whither
th:y are going, and in cars they
shall have-made, any contracts of service that they comprehend the nature
thereof-; he shall also take
care that &,copy of the form of any such contracts, or an abstract of
their substance, signed by himself, ,
isappeuded to the-said certificate: If any of the passengers are in bad
health, or insufficiently provided,,
with clothing,. or if, any, such contractq, are unfair, or if there is
reason to suspect that fraud or - piolc4-
have, been pxaotised in their collection or embaxcation, he may detain
the ship, and if he shall, thjzfk fit; ;
animnea at,
of ca1L
Conlonta of
may, order, all',pr-any of the passengers to be re-landed:
9. The emigration officer may, if he shall think fit, before'.gl!~t4ng
his:ecWfi~laeiroy; any'diily ~ratio
~ ~°
qualified medical practitioner, master mariner, marine surveyor,
or.othepexson whose pro'asional ; ma611 moo,
assistance and advice he may require for the purpose of ascertaining
whether the xdixuirementa of this, and °`~'''a' ,
Ordinance have been duly complied with, and the, costs, and charges of
obtaining-such assistance and
advice, shall be defrayed by the owners. or charterers of the slap,
whether the emigration officer shall
grant his certificate or not.
10. The emigration officer shall from time to ti ine-fii'ti reasoiiable
scale of fees and charges to be
approved by one of Her Majesty's Principal Secretaries-of State, for the
remuneration of any professional
pexsoue who may: be.employed by him under the last preceding
regula'tion,,alrd. pending,. the appTbval
,or: disapproval of such scale, the fees and charges therein specified
shall be payable, as if the same had
lbeen sp ploved,in,mN,nner.aforesaid.
11: The owners or charterers of-every ship sl~ali pay such fees for the
remirnenatioir of the emigra- - Y- ^f emtgnten
Coe'. -
Lion of&cet, as may from time to -time be ordered under instructions from
one of Her Majesty's Principal - .
Secretaries of State, and utrtil,and subject to such instructions, the
following fees shall be payable fit-
addition - =' -
.to all.fees.chargeable under regulation 10 .
Upon.the application forea certificate;.
Upon the granting of thevcertificate, .,
See order in Council 9th April, 1,878, (Gazette 12t1a April,.
- 12a::In case dc£ault shall, be made 1y the owners or charterers of the
ship- in, the- payment of any
feos.,nud. changes: t9;cshieh.they,mfty, be liable under this Ordinance,
the ship. mfiy: be detained by th;
British Coniul; or if in Hongkong by the governor; until such fees and
Charges shall have been paid. -
Power to daEnin
ship for non-
payment of feoe.
ORDINANCE NO'. 8 of 18fi1:
Chinese Emigration.
13. The emigration officer may withhold his certificate or revoke the
same at any time before the
departure of the ship, if it shall appear to his satisfaction that any
particulars contained in the
application in writing which shall-have*becn made for' the same ilr any
other particulars which may
have been furnished to him by or on behalf of the owners, charterers. or
master of the ship in relation
thereto, are untrue, and that the conditions of this Ordinance have not
been complied with; and in
every such case it shall be lawful for the British Consul, or if in
Hongkong for the Governor, to seize
and detain the ship until the certificate if already granted, shall have
been delivered up to be cancelled.
14,-..The master of every British ship shall, during the, whole of the
intended voyage; make issues
of provisions, fuel and water, according to the aforesaid dietary scale,
to all the passengers except; such
as shall have supplied themselves therewith, 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 ill-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 judgment, and shall call at such ports as may be
mentioned in the emigration officer's .
clearing certificate for fresh water and other necessaries ; and shall
carry the passengers without
unnecessary delay to the destination to which they have contracted to
proceed.
. . Iii. The.master of every British- ship shall within 24 hours after
his arrival at the port of destina.
tion and .at any . port of call, produce his emigration papers to the.
British Consul (if any) at such port
or in case such port shall be in Her Majesty's dominions to any officer
appointed or authorized by the
Vocal Government in that behalf.. -It shall be lawful for such Consul or
other officer to enter and inspect
such ship, and in case the master shall obstruct or refuse to assist him
in the discharge of such duty, or
shill; wxthdtit: reasonable cause fail to produce his emigration papers
as aforesaid, he shall be liable to a
fine of $590, and. the ship may lie detained lsy the British Consul, or
if in Her Majesty's dominions, by
7'-
+e t 11elialf have been paid, and the emigration papers shall have been.
oy rulnell until such ne
;Dd~i®h cousui `18, In all ports and places where no emigration officer
shall have been appointed, the British
:-,:dpeuab8emtgrntion
e:.--.o~oor Where no - - ~onsul shall, until such appointment, and at all
times pending the vacancy of such office, be deemed to
viuh o8icedfa-
xn,~4 at~a, , - be the emigration officer for the purposes of these
regulations.
SCHEDULE C.
E»vEgration Offcar'e Cart'~/'ccatc.
~,-;[A. B] 8zc:;emigration officer at the port of
1 1;pat.$he Chinese passenger ship
do hereby certify as follows
A. B., master, of the part of-=
is vc!ithin'the provisions of an Ordinance of the Legislature of
:y.:Hozlgkong, entitled .'The Chinese Passengers' Ordinance, 1871,'. (a
copy whereof is
~.,,,-anneked hereto); and that the said ship is authorized to proceed
.to sea from the port of .
for the port of
2. That the said ship is authorized to carry
adults. and that there are oil-
board-`- , .passengers,- [if any are deck paasengms add: of whom are deck
passengers], -m'aking in , all - adults, namely: men women
male children , , female children, such childreh being between.the ages of
one and twelve years.
3. That the space set apart~an<1 to be kept clear for the use of such
passengers is as follows:-
On the upper deck - superficial feet being [describe space] and in the
between
decks superficial feet being [describe space.]
Chinese Emigration.
No. 8 of 1871.
4. That the ship is sea-worthy, and properly manned, equipped, fitted,
and ventilated; and has,
not on board any cargo likely, from its quality, quantity, or mode of
stowage, to prejudice
the health or safety of the passengers. The means of ventilating the
passengers' accom-
modation between decks are as follows: [describe means.]
5. That suitable medicines and medical stores, provisions, fuel and water
have been placed on
board, of good quality; properly packed and sufficient in quantity to
supply the passengers
on board during the intended voyage,
6. That all the conditions and requirements of the said Ordinance of the
Legislature of Hon ;-
kong have been duly complied with.
That the aforesaid passengers (or in case of a part only, state- the
number,] are emigrants
under contracts of service and that I have inspected the contracts
between them and their
intended employers (the terms of which are annexed to this certificate)
and consider them
reasonable;, and that no fraud appears to have been practised in
collecting such emigrants.
8. That the master of the ship is to put into
Dated the day of[
la ..
for water and fresh vegetables.,
A. B.,
Eonigration D,etem at the pmt of
N.,.TI.-Where none of' the. passengers are emigrants under contracts of
service, the following paragraph
shall be substituted for paragraph 7.
'7. That the whole of the said passengers arc free passengers under no
contract. of
' service whatever.'
Confcrrieation proclaimed 29th January, 1872. Repealed by 01 rdinanee .
l4'0., 5 of 1874. See also Ordinance. No .3 of 1874 3
,.
NOTE.--For scale of fees and charges fog tke remune9'ataon ~fp~ssao4al
~e~sott~.~
employed under the Ordinance, see'-Gazette 25th June, 1872.
1111
Title.
Preamble.
1112
Short title.
Interpretation clause.
Application of Ordinance.
Voyages declared to be of not more than thirty days' duration.
Substitution of schedule B in lieu of schedule A of the Imperial Act and of certain Ordinances.
General provisions of Imperial Act to continue in force.
1113
Suspending clause.
No ship to depart without certificate.
[Added to by Ordinance No. 13 of 1872.]
Application for same.
[Added to be Ordinance No. 13 of 1872.]
1114
Inspection of ship.
Accommodation of passengers.
Ventilation, space and height between decks.
Male and female passengers.
Space on upper deck.
Sick Bay, &c.
Deck passengers.
Awning.
Space.
Reserved space.
Provisons.
Scale.
Articles of food mentioned in scale may be varied.
1115
Passengers' own supplies.
Supplies at port of call.
Contents of certificate.
Examination of passengers and of contracts, if any.
Emigration officer may employ medical men, marine surveyors, and others.
Fees of emigration officer.
Power to detain ship for non-payment of fees.
1116
In case of false particulars, ship may be detained, and certificate cancelled.
Treatment of passengers at sea.
Production of emigtation papers at port of destination.
British Consul deemed emigration officer where no such officer is appointed.
1117
Abstract
1111
Title.
Preamble.
1112
Short title.
Interpretation clause.
Application of Ordinance.
Voyages declared to be of not more than thirty days' duration.
Substitution of schedule B in lieu of schedule A of the Imperial Act and of certain Ordinances.
General provisions of Imperial Act to continue in force.
1113
Suspending clause.
No ship to depart without certificate.
[Added to by Ordinance No. 13 of 1872.]
Application for same.
[Added to be Ordinance No. 13 of 1872.]
1114
Inspection of ship.
Accommodation of passengers.
Ventilation, space and height between decks.
Male and female passengers.
Space on upper deck.
Sick Bay, &c.
Deck passengers.
Awning.
Space.
Reserved space.
Provisons.
Scale.
Articles of food mentioned in scale may be varied.
1115
Passengers' own supplies.
Supplies at port of call.
Contents of certificate.
Examination of passengers and of contracts, if any.
Emigration officer may employ medical men, marine surveyors, and others.
Fees of emigration officer.
Power to detain ship for non-payment of fees.
1116
In case of false particulars, ship may be detained, and certificate cancelled.
Treatment of passengers at sea.
Production of emigtation papers at port of destination.
British Consul deemed emigration officer where no such officer is appointed.
1117
Title.
Preamble.
1112
Short title.
Interpretation clause.
Application of Ordinance.
Voyages declared to be of not more than thirty days' duration.
Substitution of schedule B in lieu of schedule A of the Imperial Act and of certain Ordinances.
General provisions of Imperial Act to continue in force.
1113
Suspending clause.
No ship to depart without certificate.
[Added to by Ordinance No. 13 of 1872.]
Application for same.
[Added to be Ordinance No. 13 of 1872.]
1114
Inspection of ship.
Accommodation of passengers.
Ventilation, space and height between decks.
Male and female passengers.
Space on upper deck.
Sick Bay, &c.
Deck passengers.
Awning.
Space.
Reserved space.
Provisons.
Scale.
Articles of food mentioned in scale may be varied.
1115
Passengers' own supplies.
Supplies at port of call.
Contents of certificate.
Examination of passengers and of contracts, if any.
Emigration officer may employ medical men, marine surveyors, and others.
Fees of emigration officer.
Power to detain ship for non-payment of fees.
1116
In case of false particulars, ship may be detained, and certificate cancelled.
Treatment of passengers at sea.
Production of emigtation papers at port of destination.
British Consul deemed emigration officer where no such officer is appointed.
1117
Identifier
https://oelawhk.lib.hku.hk/items/show/294
Edition
1890
Volume
v2
Cap / Ordinance No.
No. 8 of 1871
Number of Pages
7
Files
Collection
Historical Laws of Hong Kong Online
Citation
“CHINESE PASSENGERS' ORDINANCE, 1871,” Historical Laws of Hong Kong Online, accessed February 21, 2025, https://oelawhk.lib.hku.hk/items/show/294.
