CHINESE EMIGRATION CONSOLIDATION ORDINANCE, 1874

CHINESE EMIGRATION CONSOLIDATION ORDINANCE, 1874

Chinese Emigration.

No. 3 of 18'4.
An Ordinance to consolidate and amend the Law relatin0 to Chinese Title.
Yafisenber Ships, and the Conveyance of Cliinese Eyaiarants.

[5th May, 1874.]

WHEREAS it is expedient to consolidate aid amend the Law relating to
Chinese

Passenger Ships, And the Conveyance of Chinese Emigrants: Be it enacted by

the Governor of Hongkong, with the advice of the Legislative Council
thereof, as

follows: --

PRELIMINARY.

1. This Ordinance ruag be cited for all purposes as ' The Chinese
Emigration
Consolidation Ordinance, 18fi4.' ,;

In the interpretation of this Ordinance:-

The term ' Lhinese Passenger Ship' shall include every ship carrying
from any port iii Ilonghong, and every British ship carrying from any port
in China, or within one lj'andred miles of the coast thereof, more than twenty
passengers being natives of Asia;
Ord. 8 of 1878,
sec. 2J

ORDINANCE No. 3 0F i8i 4.

Chinese Emigration.

(1$ & 19 Vic.,
0.104.1

IMP

Definition of
short voyage
Vrd. 9 of 1868,
ec. 8.a

The expression ' Chinese Emigrant Ship' shall mean any ship not
being a ' Chinese Passenger Ship ' lying in the waters of the Colony, and
fitting out or intended to be used far the conveyance of Chinese emigrants
to be embarked at any port or place out of the Colony
The term '' Fittings' shall include any article capable of being used as
part of the tackle, apparel, furniture, or equipment of a ship;
The expression ' ProhibitecrFittings% shall mean any fittings prohibited
by this Ordinance, or by a proclamation of the Governor;
The expression ' Emigration Officer' shall include any person deputed
y or authorized by the emigration officer to execute any power or perform
any duty, vested in or imposed upon him by this Ordinance;
The word ' Colony ' shall inclufle'a,ll Her Majesty's possessions abroad
not being under the Government o£ the Viceroy of India;
The word 'Governor' shall signify the person for the time being
lawfully administering the Goverr~ment of such Colony;`
The term 'British Consul' shall include any person lawfully exercising
Consular authority on behalf a Her Majesty in any foreign port;
The word' Ship ' shall include all sea-going vessels; The term '
Commander or Master of any Ship ' shall include any
person for the time being in command or charge of the same.
T
Definition of a voyage within ' The Chinese Passengers' Act.'
3. Any Chinese passenger ship clearing out or proceeding to sea from any
port in
this Colony, or in China, or within a hundred miles of the coast thereof,
on any voyage
or voyages to any other port or ports ,for the purpose o£ commencing at
or from any
such port or ports o,s last aforesaid a voyage of more than seven days'
duration shall
be deemed to have cleared out or proceeded to sCa upon the said last
mentioned voyage
from the said last mentioned port within the meaning of ' The Chinese
Passengers'
Act, 1855.'

PART I.

REGULATIONS UNDER ' THE CHINESE PASqEN'(IERB ACT.'

Notice of Passenger ship being laid ors the berth.

Notice of ship , 4. The owners or charterers of every Chinese passenger
ship, or if absent from the
being laid on as
a Chinese pas-, Colony their respective agents, shall as soon as such ship
is laid on for the conveyance

aenger ship to be

given to emigra- of Chinese emigrants give notice in writing of. the
fact~to the emigration officer speci-

Lion officer.

Ord. 1s oi.laes, Eying in such notice the name, destination and probable
tide of departure of such ship,
and in all eases where such intending emigrants are under contracts of
service, of the
depot or depots in which such intending emigranGS are lodging or intended
to be

lodged before embarkation. ^
ORDINANCE No. 3 of 13 74.

Chinese Emigration.

Licensing of ' Chinese Passenger Ships.'

5. No Chinese passenger ship, except ships about to proceed on a voyage
of not
more than 'thirty days' duration within the meaning of section 8 of this
Ordinance,
shall clear out or proceed to sea, aYlr1 the emigration officer shall not
grant the certificate
prescribed by section 4 of 'The Chinese Passengers' Act, 1qfi5;' unless
the master of
such ship shall be provided with a licence under the hand of the Governor
and the
public seal of the Colony to be obVined in Wanner hereinafter mentioned.

2. It shall be lawful for the Governor inn Council, from time to time, to
exempt
from the operation of this section, any mail steamers ox other vessels
which'are subject
to the provisions of 'The Chinese Passengers' Act, 185,' provided that
the Chinese
passengers proceeding in such veasols be free emigrants and under no
contract of
service whatever.

3. The owners or charterere of every such Chinese passenger ship, or if
absent
from the Colony their respective agent°s, shall, before such ship is laid
on for the con.
veyance of Chinese emigrants and before any depot is opened for their
reception, apply
in writing to the Colonial Secretary for,~a Ticence under the hand of the
Governor and
the public seal of the C olony for the conveyance of such emigrants and
shalhfurnish
all particulars as to the destination of the said slip and as to all
other matters relating
to the intended voyage and emigration which may be required of them, and
shall also
furnish the like particulars where any exemption is applied for under
paragraph 2 of

this section.

4. All such particulars shall, if so ordered, be verified upon oath
before the emi.
gration officer or alit' Justice of the Peace, and every person who shall
knowingly
furnish untrue particulars shall be liable to imprisonment with or
without hard labor,
for any period .not exceeding six calendar months, and to a fine not
exceeding one
hundred dollars, either in addition to or in substitution of such
imprisonment.

5. The granting of every such licence shall be in the discretion of the
Governor
in Council and shall be subject to tl'e payment of a fee-of one hundred
dollars and to
'Such conditions as may from time to time be prescribed under
instructions from Her
Majesty's Principal Secretary of State for the Colonies, and the Governor
in Council
may impose such conditiois on the granting of such licence as he shall
think expedient
in-each particular case, provided the same shall not be contrary to or
inconsistent
with such instructions. ' '' -

No Chinese
passenger ship to
proceed to sea
without a
licence from the.
Governor.
ford. 4 of i$io,
Sec. 3.) -

Pf wer to exempt.
certain vessels
from the opera-
3tion of this sac.
flbid; See. 11.3

Time and mode
of application
!or licence.
flbid, Sec. 4.3

Punishment for
fhrnishing
untrue parti-
culars.
flbid, see. 5.3

Conditions of
licence and
amount of fee.
(Ibid, Sec, 6.1

Governor in
Council may
impose condi-
tions.

6. Every licence granted under this section in respect of any Chinese
passengerLicence t me of
°ship shall specify the period within which such ship shall clear out and
proceed to sea: departure;
proviso for
Provided always that it shall be lawful for the Governor in Council, from
time to time, extension
to extend such period. Irbid; See. 7.3

7. In case it shall be shown to the satisfaction of the Governor in
Council. at any
time before the departure of a Chinese passenger snip that the master,
mate, or any
.other officer of such ship is unfit for the proper discharge of his
duties by reason of
'incompetency or misconduct, or-for any other sufficient cause, it shall
be lawful for the

Power to remove
master or other
ofllcer:
flbid, Sec. 8.3
Power to revoke
and cancel
licence.
[lbid, sec. 3.)

ORDINANCE No. 3 of 1874.

Chinese emigration.

Governor, by order under his hand, to discharge and remove such master,
mate, or
other officer from the said ship, and thereupon 'the owners or charterers
thereof, or
their agents, shall forthwith appoint a master or mate, or other officer,
as thW case may
be, to be approved by the emigration officer in the place of the one so
discharged and
removed as aforesaid.

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

(a.) If it shall appear to the satzs~ac;tion of Ahe Governor in Council
at any
time before the departure of a Chinese passenger ship that the parti-
culars furnished in relation thereto under paragraph 3 are untrue, or
that any condition of the said licence has been violated;

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

(c.) I£ t6p owners or charterers o£ a Chinese passenger ship shall fail
forth-
with to appoint a master, mate, or other officer to be approved as.
aforesaid, in the place of any, master, mate, or other officer discharged
n under paragraph 7;

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

~.nreaci, of condt- , 9. The breach of any condition of a licence granted
under this section shall be-
'don bfiicence.
deemed a~breach of a regulation respecting Chinese passenger ships within
the meaning
- of section 2 of 'The Chinese Passengers' Act, 1$55.'
Application of 10. It shall be lawful for the Governor in Council to apply
the whole or any part
penalty for
~Oia nhan of this of the penalty recoverable in case of tKe non-observance
or non-performance of the
urdinance
recoverable
regulations of this se~Uion under the provisions of ion 4 of 'The Chinese
Passengers'
Chinese Pasaen.
gors'aet,mss;' Act, 185x,' towards the expenses of reconveying to their
homes intending emigrants,
Mid, see. 10.7
by any vessel in respect of which the iirence granted under this section
shall have been
revolved in manner hereinbefore provided.
r

Regulations of 11. Nothing in this section shall be deemed to affect the
regulations contained in.
schedule A of
'Chinese Pas- ,schedule A of 'The Chinese Passengers' Act, 1855.' ~.
sengers Act,
1865,' not to be
affected by this

section.

Emigration passage brokers.

No person to apt 6. No person shall act as a passenger broker oT in
procuring passengers for, or in
us a Pascage -
bral,,er without the sale or letting of -passages in any Chinese passenger
ship, unless 1e~ shall, with two
having entered
into a bona and sufficient sureties, to be approved by the emigration
officer, have entered into a pint
alltained a
[Ord, ofe. and. several bond in the su3n of five thousand current dollars,
to Her Majesty, Her
see. 1.1
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
ORDINANCE No. 3 of 1674.

Chinese Emigration.

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.

2. Any person wishing to obtain a licence to act as a pa,,.Nage broker,
shall make
application for the same to the emigration officer, and the emigration
officer is hereby
authorized (if he shall think fit) t3 grant sufth licence according to
the form in schedule
B hereunto annexed: Provided always, that nV such licence shall be
granted unless
such bond as hereinbefore mentioned shall have been first entered into:
Provided also,
that any Magistrate who shall adjudicate on any offence against this
section, is hereby
authorized to order the offender's liaeence to be forfeited, and the same
shall thereupon
be forfeited accordingly; and the card Magistrate 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 section.

3., Every person obtaining such licence''as aforesaid, shall pay to the
emigration
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 emigration officer shall hay all such fees into the Colonial
-Treasury, to the use

.of the Crown.

How passage
broker's licences
may be obtained.
[Ibid, sec. 2.]

Power to N14
gistratesto order
licences to be
forfeited.

Fee to be paid
for licences.
[lbid, see. 8.],

4. Such licence shall continue in force until the 31st dap of Decemj-)er
in the year Howhnglicenees
are to continua
in which such licence shall be granted, and for fourteen days afterwards,
unless sooner in force.
[Ibid, sec. 4.]
forfeited as hereinbefore mentioned.

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

6. Every such passage broker before lie shall receive orlake any money on
account
of any such passage, or for the sale or letting of the whole or any part
of the accom-
modation of or in any Chinese passenger ship proceeding from Hongkong,
shall produce
to the emigration, officer the certifii,`ate of the master or owner of
the ship, in respect of
which such passage shall or may have been taken, or the accommodation in
which
shall have been so sold or '!et, to the effect that such ship has been
chartered for the
purpose of carrying emigrants, and that he, such'passage broker, is
authorized to
receive payment for such passage; or for the sale or letting .of the
accommodation in
such ship; and such certificate sahall be filed in the office of the
emigration officer.

Contract tickets
for passages.
[Ibid> sec. 5.]

Passage brokers
to produce to
emigration
officer certificate
that they have
chartered the
ship for carrying
emigrants.
Llbid, sec. 6.)
Notice of every
contract 'With
emigrants to be
given to eauigra
.tion office'

Ord.12 of 18a,

sec. 8.7

ORDINANCE No. 3 of 1874.

Chinese Emigration.

Passage broker 7. On every occasion of the delivery to any passenger of
such contract ticket as
to ,tteud before
emigration aforesaid, the passage broker who shall have engaged to provide
such passenger with a

officer for the

aeuveru~g the passage shall attend with him at the office of the
emigration officer, in whose presence
to ts passengers. the contract ticket shall be delivered to such passenger,
and who shall explain to him
[1641, 98C. 7.1
the true intent and m$aning of such contract.
A
Contract tickets 8. No person shall fraudulently alter or cause to be
altered, after it is once issued,
not to be altered. .
(Ibid, see. s.) 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. '
Agents not to 9. No licensed passage broker shah', as., agent for any
person, whether a licensed
act without

~t~,,0 r,

written autho- broker or not, receive money for or on account Of the
passage ~~h°' broker or not, receive money for or on account of the
passage of any passenger on
authority board a Chinese passenger ship, without having ~ written
authority to act as such
demand.
a~.

Mid, see. 9.1 agent, or on the demand 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 Qf the ship or
ptherwise, or by any false
pretence whatsoever, induce any, person to engage any passage as
aforesaid.

10. Every emigration passage broker- who shall contract with any intending
emigrat,kt for a passage in such ship shall forthwith give notice in
writing to the
emigration officer of every such contract specifying the name, age and
sex of such
emigrant and the name of such ship. ,

Penalties for 11. All violations or disobediences o£, or defaults ire
compliance with, the provis-
otfenCes.
~~d1n,~ of 18 57, ,ions of this section shall be heard and deter lninod
summarily under Ordinance No. 10
of 1844; and on conviction of such offences, the respective offenders
shall be sentenced
to pay the several penalties, or in default of the payment thereof, to
suffer the
several terms of imprisonment respectively hereinafter specified:--
(a.) For every offence against paragraph 1, a fine npt exceeding four
hundred
dollars, or imprisonmeit for. a term not exceeding six months.
(b.) For every offence against paragraph 5, a fine not exceeding fifty
dollars,.
or imprisonment for a term not exceeding six weeks.
(c.) For every offence against, paragraph 6, a fine not exceeding one
hundred
dollars, or imprisonment for a term not exceeding three months.
(d.) For every offence committed by a passage broker against paragraph
7., a
fine not exceeding one hundred dollars, cir imprisonment for a term
not exceeding three months.
(e.) For every, offence against paragraph 8, a fine of exceeding fifty
dollars,.
or imprisonment for a term not exceeding two .months.
Hospital and medical inspection.

'Hospital acoom- 7, In every Chinese passenger ship, except slips about to
proceed on a voyage of
nioclation to he
provided, Cord. not more than thirty days' durat'i`on within the meaning
of section 8 of this Ordinance,

u of185D, sec. 1.7

there shall be a sufficient space properly divided off to the
satisfaction of the emigration
officer at the port of clearance, to be used exclusively tas a, hospital
or sick bay for the
ORDINANCE No. 3 of 1874.

Chinese Emigration.

13 ,1vl

passengers; this space shall be either under the poop, or in the
round-house, or in any
deck-house which shall be properly built and secured to the satisfaction
of such emigra-
tion officer, or on the upper passenger deck, and not elsewhere, and
shall in no case be
of less dimensions than eighteen clear superficial feet for every fifty
passengers which
the ship shall carry. Every such hospital shall be fitted with bedplaces,
and supplied and properly
fitted up.
with proper beds, bedding, and utensils, to the satisfaction of the
emigration officer at
the port of clearance, and shall throughout the voyage be kept so fitted
and supplied.

. 2,. In the measurement of the passenger decks, for the purpose of
determining the
number of passengers to be carried in any such Chinese passenger ship,
the space for
the hospital shall be included.

3. The Governor is hereby authoiied to appoint, at a salary not exceeding
two
thousand dollars per annum a medical officer whose duty it shall,be to
inspect intend-
ing emigrants and to supervise all matters and things in any way
relating to the
comfort and well-being of such emigrants before their departure and on
their voyage,
tend such salary shall be in lieu of all fees.

w
4. No Chinese passenger ship shall dear out or proceed to sea on any
voyage of
more than seven days duration, until the proper, medical officer as
provided shah have
jcertified 'to the emigration officer, and the ss.id emigration officer
shall not grant his
certificate unless he is satisfied, that none of the passengers or crew
appear, by reason,
of any bodily or mental disease, unfit to proceed or likely- to endanger
the health or
safety of other persons about to proceed in such vessel; and a medical
inspection of
the passengers for the purposes of giving such certificate shall take
place either on
board the vessel, or, 'at the discretion of the said emigration officer,
at sxch time and
place on shore, before embarkation, as he may appoint; and the master,
owner, or
charterer of the ship, shallpay to the emigration officer a sum at the
rate of twenty-five
current dollars, for every, hundred persons so e3;amiued, and such
emigration officer
shall pay the same into the Treasury to the use of the Crown.

5. The medical inspection of emigrants under contracts of service 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 Passen-
gers' Act, 1855' unless he shall be satisfied that such double inspection
has been duly
made; or has been dispensed with by the sanction of the Governor.

6. It shall not be lawful for any emigrant under contract of service to
embark in
any Chinese passenger ship or for the master or other person on board of
a Chinese
passenger ship to permit any-such emigrant to eulbark 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
onshore the
medical inspection required *y law to. be made before embarkation. ~ .

7. 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. -

Space for hospitah
to be included -fn-
measurement of
capacity-for
passengers.
Llbid, sec. 2.1

Covernar au-
thorized to ap-
point a medical
officer.
[Ord . 12 of 1868,
sec. 9.7

Medical examina-
tion before sail-
ing . COrd. 6, of
1859, sec. 3.7

M3
edical inspec-
tion of emigrants.
under contract
of service.
Curd. 12 of 1868,,
sec. 10.1

No emigrant to
embark or be
received onboard
without a perm it.-
[Ibid, sec. 11.7

Emigration, officer to apoint

time for medical -°
inspection after
embarkation.
[Ibid, see. 12.1
t_
r.

Not to affect
-ships not within
the Chinese
Passengers'Act.

ORDINXANCE No. 3 OF 1874.

Chinese Emigration.

ChineM medical 8. Any, Chinese medical practitioner properly 4ualified to
the satisfaction of the
_~ractlttoners

=e SurgeonsColonial Surgeon shall be eligible with approval of the
Governor for the office of Surgeon
ese
6~seuger ships. of a Chinese passenger ship within the terms of schedule A
of 'The Chinese Passengers'
zd, ec. 14.1
Act, 1855.'

Begulatio4for voyages of vot more than thirty days' duration.
S

IN'Todifled regala- 8. All ships clearing out or proceeding 'to - sea,,
upon volvagles 'of not more tbau
tions for voyages
of not more than thirt days' duration, sball be subject to the modified
regulations contained in schedule
thirty days' y
duration.
rSee Ord.8 of EI of this Ordinance which as regards such ships shall be
substituted for those contained,
in schedule A of 'The Chinese Passengers' Act, 1855,' but nothing in this
section
contained Shall be deemed to relieve Chinese passenger ships from the
operation of the
said Act, except so far.as the same is by the said Osebedule expressly
modified.
Voyages de- 2. The -voyages specified in schedule F to tbl's Ordinance
annexed, are hereb
elared to be of , I y
not more tli an -declared to be voyages of not more than thirty days'
duration, subject as regards
thirty days
duration.
Mid) see. 4.7 steamers to the conditions as to their fate of speed and as
regards sailing vessels to the

r
conditions as to the periods of the year during which the voyage shall be
performed,
in the laid schedule respectively expressed and contained.

3. This section shall not be construed as affecting any Chinese passenger
ship
which is about to proceed to sea on a vo~age of not more than seven
days' duration:

.Depots fob emigrants under contract of service.

Dep8ta to be
E ro ded for the
0 ng of
routs
M i
Corl
.
18B$,
see. 4.7

' 9. The ogners or charterers of every Chinese passenger ship which is
about to
convey emigrants under contracts of service shall, -as soon as such ship
is laid on for
the conveyance of such emigrants, provide a 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 depot shall be maintained and every
emigrant
lodging therein shall be supported at the expense of such owners or
charterers.

Emigrants to 2. Every intending emigrant by r,,uch Chinese passenger ship
shall lodge, at the
lodge is dep8t
before least three clear days previously to his embarkation, in the depot
provided by the
tioa. owners or charterers of such , ship.
lbiosec; B7 Supervision of 3. Every such depot as aforesaid shall be under
the supervision of the emigration
dep6ts.
T66d, sec. 7 officer who may inspect the same at such times as he shall
think fit, and there shall be
at all times free ingress and egress allowed to all person` to and from
such depots,
from 6 AX. to 6 p.m.

,Orders in Conn_
.cil to apply to
Chinese pasen-
vor ships.,
&(4 sec. 15.3

Orders in Council relating to quantity of water.
6

10. All Orders of Her Majesty tile Queen in Council 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.
ORDINANCE No. 3 of 1874.

Chinese Emigration.

No Chinese passenger ship unless propelled by steam to clear between
April and September.

I1. No Chinese passenger ship, unless a vessel propelled by steam, bound
to any
port westward of the Cape of Good Hope or to any port in Australia, New
Zealand,
Oceania, or Tasmania :,hall be permitted to clear from, any port in the
Colony between
the months of April and September inclusive.

U*zvilling migrants.

12. It shall be lawful for the emigration Aofficer at any time when lie
is satisfied
that any emigrant who is unwilling to leave the port has been obtained by
any fraud,
violence, or other improper means, to laud 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 re,,turn passage, and all such pgpeuses
with all legal
costs incurred shall be recoverable-by tile emigration officer before any
Police Magis-
trate from the emigratioil passage broker of the vessel in which such
emigrant was
shipped or intended to be shipped.

10 2. Whosoever shall unlawfully either by force or fraud take away or
detain against

his will any man or boy with intent to put hirn~,on board a Chinese
passenger snip and
whosoever shall with any such intent receive, harbor, or enter into any
contract for
foreign service with any such man or boy knowing the same to have been by
force or
fraud taken and obtained as in this paragraph before mentioned, shall be
guilty of
felony and being convicted thereof shill be liable, at. the discretion of
the Court, to be
kept in penal servitude for 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.

No Chinese
passenger ship
to clear between
April and Sep-
tember. Mid,
see. 16.1

Emigration
officer may land
any emigrant
who is unwilling
to leave the port
and who has
been procured
by any fraud, dc..
[Ibid, see. 18.1

Penalties for breach of Ordinance.

13. The owners or nharterers of any Chinese passenger ship and any,
emigration
passage broker and any intending emigrant by a Chinese passe^lger 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 tile provisions of dart I of this Ordinance
so far as they
may respectively be bound thereby, and any person granting or knowingly
uttering
any forged certificate, perrrilt, 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 fire hundred
dollars, or to
imprisonment with, or without hard labor for any term not exceeding six
months.

Punishment for
improperly
obtaining
emigrants.
Llbict, sec.1fi.7

Punishment of
persons com-
mitting any
breach of this
Ordinance.
[Ibid, sec. 21.3

PART II.
EMIGRATION FROM PORTS OUT OF THE COLONY.

Emigrant ship fittings.

14. Before beginning to fit out any ship intended to be used for the
conveyance Notice to
emigration -
of Chinese emigrants to be embarked at any port or place out of the
Colony, d notice officer.
[Ord. 3 of 1813,
to that effect shall be given in wring to the emigration officer, and
such notice shall sec.4.7
Powers and
duties of
emigration
ofCieer.
flbid, sec. 6.3

Certificate of

emigration
officer.
118d;, sec. 7.7

CE No. 3 OF-. 1$Z4.

Chinese Emigration.

be signed by the owner and master of such ship, or in the event of the
owner not being
resident within the Colony, by the agent and master thereof, and in case
such notice
shah not have been given, the owner and master, or the agent and master
of such ship,
as the case may be, shall be guilty of an offence against this section,
and shall be liable
to the punishment Lgreimfter proscribed: Provided always that where there
shall he
no agent of an absent Qwner in the Colony, the notice may be signed by
the master
alone.

Report to 2. The master of every ship arriving within the waters.of the
Colony and which
emigration
oer. shall be fitted out for the conveyance Af Chinese emigrants shad,
within twenty-four

[Tbid, see. 6:7

hours, report the same to the emigration officer, and in case he shall
neglect so to do,
he shall be deemed guilty of an offence against this section, and shall
be liable to ~ the
punishment hereinafter prescribed.

3. The fittings of every ship mentioned in'para

,;rai hs 1 and 2 of this section shall
be subject to the .approval of the emigration officer, who is hereby
empowered, at all'
reasonable times, to go on board and search and inspect such ship and her
fittings, and
to order any fittings which shall in his opinion be objectionable, to be
forthwith

removed.; and any person who shall in anyway impede or attempt to impede
the
emigration officer in the execution of this duty, shall be guilty of an
offence againstthis
section, and shall be liable to the punishment hereinafter prescribed.

4. No such ship shall clear out or proceed to sea until the master
thereof shall
have received from the emigration officer a certificate in the form
contained in schedule'
H to this Ordinance, and every such certificate shall be liable to a
stamp duty of
twenty-five dollars.

Barricades -and 5. All barricades and gratings apparently intended to be
used, or which are capable
gratings prohi-
bited. of being used for the purpose of confining Chinese emigrants below
decks, or within
TIM, sec. 8.7
any particular part o£ a ship stall be deemed to be prohibited fittings
within the

meaning of this section. .
6. It shall be lawful for the Governor, from time to tine, by
proclamation to be
inserted in the Gazette to prohibit the use or carriage in any ship of
any other
description of fittings therein specified, and every such prohibition
shall have the same
force or effect as if it were expressly enacted in this sectiot.

7. All prohibited fittings v'herever found within the Colony shall be
seized and

shall be forfeited to the Crown in manner hereinafter mentioned. s

Seizure and
forfeiture
thereof.
(Aid, see. 10.3

Unlawful pos- 'i3. Whoever shall, -without lawful excuse (the proof of
which shall lie on the
session, &c, of
prohibited accused), manufacture, purchase, sell, or 'have in his
possession any prohibited fittings,
fittings.
Mid. gee. 11.1 shall be guilty of an offence against this section, ,a.nd
shall be liable to the punish-

ment hereinafter prescribed. ~,

T, aktng probi- 9. The owner, agent, or miter of any ship intended foi^the
conveyance of Chinese
bi ted 8ttiiigp ' -
on boars ox emigrants to be embarked at any port or place out~,of the
Colony who shall knowingly
rethisai to remove .
xhe:sarae~` ' permit an prohibited fittings to be taken on board, such
ship, or to remain therein

tlbid,-sec.1,27- permit any prohibited fittings ., p'
ORDINANCE No. 3 of 1874.;

Chinese Emigration.

after the same have been taken on board, or who shall refuse to remove
forthwith- any
b
fittings which the emigration officer shall have ordered to be removed
shall be guilty of
:an offence against this Ordinance, and shall be liable to the punishment
hereinafter
prescribed, and all such last mentioned fittings shall, in case of such
refusal as aforesaid,
be seized and forfeited to the Crown as in the case of prohibited
fittings.
. r

10. If any such ship shall leave or attempt to leave the waters o£ the
Colony whipS mss=
without the certificate required by,,paragrapb 4, or shall leave or
attempt to leave the prohibit dh
waters of the Colony, having on board any prohibited fittings, or any
fittings which the ~l~;~s~c, x~,~ `
emigration officer shall have ordered to be removed, or any other
fittings of a similar kind
and description, in every such case the master of such ship, and the
owner or agent if
proved to have sanctioned such leaving or attempting to leave as
aforesaid, shall be x
deemed guilty of an offence against this section, and shall tae liable to
the punishment
hereinafter prescribed, and all such iit'ings shall be seized and
forfeited to the Crown,
whether the same be prohibited fittings or not.
11. If any person shall make or attempt to make any fraudulent use of a
certificate Fraudulent use
of a certiflcn,te.
granted under this section, or shall forge, counterfeit, alter,'or erase
the whole or any tibia, see. 14.3
part thereof, or shall use or attempt to use aiay spurious or fraudulent
certificate, the
person so offending, and every person aiding aid abetting in such
offence, shall be
liable to the punishment hereinafter prescribed.
12. All, cases o£ violation or disobedience of, or default in compliance
with the Trial of offencee.
t7bid,=eec.lb.l:: ,_
provisions of this section, may be heard and determined,,summarily by two
Magistrates
sitting together, who shall constitute a Court for this purpose: Provided
that i£ at
the close of the investigation, the accused shall apply for a tkia1 by
jury, or the
Magistrates shall be of opinion that the case ought to,be so tried, they
may commit,
the accused for trial at the Supreme Court.
13. On conviction of such offences, the respective offenders shall be
liable to the rnnishn ents of
following punishments:- ,~ ' offences. see: 163
(ac.) For every offence against paragraphs 1, 2, 3, 8 and 9 of this
section, a
fine not exceeding five hundred dollars, and imprisonment with or
without lard labor for any term not exceeding six months, or either -
of such punishments, at the discretion of the Court.
(b.) For every offence against paragraphs 1.0 aud 11 of this section, a
fine
not exceeding one thousand dollars, and imprisonment with or without
hard labor.for any term not exceeding one year, or either of such
punishments, at the discretion, of the Court.

Provided always that where a fine shall be imposed for any offence
against paragraphs
10 and 11, the Court may, sentence the offender, in default of payment of
such fine, to
imprisonment with or wkhout hard labor for any term not exceeding one
year in lieu
of such fine, and such impri`sonment shall commence from the expiration
of and term
.vf imprisonment to which the offender may have been sentenced in
addition to the fine.
Proceedings for
forfeiture of
'In9

e:
(Ibtd, sec.17 1

I'cosecntion to
be by Attorney
General.
tkbicli bea. 20:j .

« Building.

C i;tinfpping.

ORDINANCE No: 3- OF 1874.

Chinese Emigration.,

14. The Supreme Court and the said Court of Magistrates shall have full
power
and authority to hear and determine all cases of seizure of fittings, and
upon proof of
the legality of the seizure, to declare the said fittings to be forfeited
to the Crown,.
and no fittings seized under this section, shall be deemed to be
forfeited to the Crown,
except under the sentence of one or the other of the said Courts.

Powers of Police 15. Nothing in this. section contained shall be deemed to
affect the powers vested
authorities.
&Ma, see. is.] in a Superintendent' or Inspector of Polies by section 7 of
Ordinance No. 14 of 1845.
., n
Limitation of 16: Any suit, or prosecution against any person for anything
done in pursuance
actions, &c.
[Ibid. sec. 10.1 or execution or intended execution of this section shall
be commenced within three
months after the thing done and not otherwise.
Notice in writing of every such, suit and of the. cause thereof shall be
given to the-
intended defendant one month at least before the commencement thereof.
c
In any such action the defendant may answer that the act complained of
was.
done in pursuance, or execution, or intended execution of this section
and give this
section and the special matter in evidence at any trial to be had
thereupon.
The plaintiff shall not recover i£ tender ofsuficient amends is made
before action
brought; or if after action brought a sufficient sum of money is paid
into Court by or
on behalf of the defendant.
If judgment is given for the defendant, ox the plaintiff becomes
no>zsuit, or
discontinues the action after an answer has beau put in, the defendant
shall recover
his full costs and shall have th~ like remedy for the same as any
defendant has by lave
for costs iii other cases. .
If j udgment is given for the plaintiff, he shall not have costs against
the defendant
unless the Judge before whom the trial is had certifies his approbation
of the action

17. No proceeding shall be instituted for any offence^ against the
provisions of
this section, or for any forfeiture thereunder, except at the suit or
prosecution of, or
with the consent of the Attorney General.

Rules as to Qhinese emigrant ships.

interpretation :. 15, In the construction of this section, if not
inconsistent with the context, the
aa~e:
[Ordinance a following terms and expressions shall have the meanings
hereinafter respectively
of 1.873, see. 2.1
assigned to them, that is to say :--

'Building,' in relation to a ship, shall include the doing any act
towards-.
or incidental to the construction of a ship, and aR words having relation
to~
building shall be construed accordingly;
,,
'Equipping,' in relation to a ship, shall include the furnishing a ship
with any tackle, apparel, furniture, provisions, arms, munitions, or
stores,-
or any, other thing whicl is used in or about a shipTor the purpose of
fitting
or adapting her for the sea, and all words relating to equipping shall be
construed accordingly;
ORDINANCE No. 3 of 1874.

Chinese Emigration.

11 Ship and Equipment,' shall include a ship and everything in or
belonging to a ship.

2. No Chinese emigrant ship shall clear out or proceed to sea from this
Colony
unless. the master of such ship shall be provided with a licence under
this section.

3. No person shall do any of the acts hereinafter specifiqd fu paragraph
8 of this licence from

txovernor.

section, without a licence from the Governor, or unless the owner, Agent,
or master of LIbid, sec. 4.3
the ship in respect of whic'n such apt shall be, done shall have obtained
such licence.

4. Every such licence shall be under the hand. of the~Governor and the
public
-seal ofthe Colony and the granting thereof shall be in the discretion of
the Governor,
and shall be subject to the payment of such fee to the Crown, and to sucb
conditions
as may, in each particular case, be pxescribed by the Governor in Council.

5. Application for such licence shall be made in writing to the Colonial
Secretary,
and shall be transmitted through the ewigration officer, and tile owner,
agent, or
master of the Chinese emigrant ship in respect of which such licence is
applied for,
-shall furnish all particulars as to the destination of the ship, and as
to all matters
relating to the intended voyage and emigration which may be recluired.of
him.

6. All such particulars shall, if so ordered, be certified upon oath
before any'Jlistice r1miyhment
for flirnishiaig
.of the Peace, and every person who shall knowingly furnish untrue
particulars shall be nntrne .
articnlars.
liable to imprisonment with or without hard labor, for any period not
exceeding six LAW, see. 7.1
calendar months, and to a fine not exceeding one hundred dollars, either
in addition
to or in substitution of such. imprisonment.

7. If it shall. appear to the satisfaction of the Governor at any time
before the Fewer to revoke
and- cancel

departure of a Chinese emigrant ship:-
(a.) That the particulars furnished in relation thereto are untrue; or .
(b.) That further particulars have been discovered since the granting of
the

licence; or

(c.) That any condition of the licence has been violated,-,
It shall be lawful for the Governor'in Council to revoke or vary the
licence granted
under this section in respect of such Chinese emigrant ship. and to order
that the said
:ship be seized and detained until the said licence be delivered up to be
cancelled, or,

varied.

8. If any person does any of the following acts within the Colony without
having
obtained a licence from the Governor under this section, of-' without any
such licence
as aforesaid having been granted to the owner, agent, or master of the
ship in respect
of which such act shall be dbne, or in contravention of the terms of any
such licence if
.;granted, that is to say:--
(a,.) Builds, alters or repairs, or agrees to build, alter or repair, or
causes to
be built, 21tered or repaired, any ship, with intent or knowledge, or
having reasonable cause to believe that the. same will be employed 'in
the conveyance cf Chinese emigrants to be embarked at any port or
place out of the Colony; or

~ ship and
Equipment.'

[[A''id, see. 3.)

licences under
this section.

Form and

conditions of
licence.
Clbid, see. 5.1

O.lode of

application for
licence.
Mid, see. 6.1

licence.
Ilbid, see. 8.7

Building
repairing
equipping,
despatching
selling, hiringf
&c.s &c., with-
out licence.
[Aid, see. J.]
ORDINANCE No. 3OF 1874.

Chinese Emigration.

(h.) Fits out, mans, navigates, equips, uses, lets or takes on freight or
hire
any ship, or commands, or serves on board any ship, with intent or
knowledge, or having reasonable cause to believe that the same will be
employed in manner aforesaid; or

(c.) Despatclles,4 or causes or allows to be despatched any ship, with
intent
or I:nowledge, or having reasonable cause to believe that the same will
be employed. in manner aforesaid; o~i

(d.) Holds or takes any share or interest in, or makes any advances of
money
to a,ny ship, or becomes security for such advances, with intent or
knowledge, or having reasonable cause to believe that the same will be
employed in manner aforesaid; or,

(e.) Despatches or causes or allows to be despatched, or commands or
serves
on board any ship carrying Chinese passengers, with the intent or
knowledge, or having reasonable cause to believe that such passengers
are being carried or intended to be carried to any port or place.out of
the Colony for the purpoeo'of being conveyed therefrom as emigrants
in the same or any other ship; or

(f.) Being the master of Chinese a emit ant ship clears out and proceeds
to
sea in such ship,-

Sueh person shall lie deemed to have committed an offence against this
section, and'
the following consequences shall ensue :--

(a.) The offender shall be liable to imprisomnent with or without hard
labor

for any term not exceeding two years, and to a fine not exceeding two
thousand dollars, or to either of such punishments, at the discretion of
the Court;

(b.) The ship in respect of which any such offence is committed and her
equipment shall, if within the wa~ers of this Colony, be forfeited to the
Crown.

ftnignmenc of 9. Any parson who aids, abets, counsels, or procures the
commission of any~
(iaid, see. 1°.1 offence against this section, shall be liable to be tried
and punished as a principal
offender.

seeurey search) 1 f?. The Governor updll being satisfied that there are
reasonable grounds for
and detention of
maspectefi shs
[Pb#d, sec. a, suspecting that a ship within the waters of the Colony. has
been, or is being built,
11.~
altered, repaired; or equipped, or is about to be despatflled slid taken
out to sea
contrary to the provisions of this section, or that %ny other offence
against the said
provisions has been committed, rendering the said ship liable to
forfeiture, may, issue
a warrant in the form contained in schedule I to this Ordinance; and upon
such
warrant, the said ship may be seized and searched and detained until it
has been
either condemned or released by process of law,- or in the manner
hereinafter

mentioned.
T T No. 3 OF 18

Claines>n Emigration.

11. Any officer so authorized to seize, search and detain any ship under
this
section may, for tile purpose of enforcing, such seizure, search and
detention, call to
his aid any constable or officers of police, and lnay apply for
assistance to any officers
of Her Majesty's Army or Navy, or Karines, or to the Harbor Master, or
any officer
leaving authority bylaw to mane seizures of ships, and may put, any
persons on board
such ship to take charge of the same, and to enforce the provisions of
this section, and
any offic~er so authorized as aforesaid, may use force, if necessary, for
the purpose of
enforcing such seizures, search arid detention, and if any person 15
gilled, md1111ed, or
hurt by reason of his resisting such officer in t^lse execution of his
duties, or guy person
acting under his orders, or at leis request, such officer so seizing,
searching and detaining
the ship, or other person, shall be freely 1>,1d fully indemnified as
well against the
(.queen's Majesty, Her Heirs and Successors, 41,5 against all persons so
killed, maimed,

or~hurt.

Powers of otTicers
:authorized to
seize ships.
[ILic3, sec. 12.]

12. The owner of the ship seized and detained under this section, 4I' his
agent., Petition toConrt.
( iLid, sec. 14.]
Inay apply by petition to the Supreme Court for its release.

13. The Crown Solicitor shall, upon the seizure of any ship as aforesaid,
cite the
owners or their aents'in the Colony by a notice which may be ill the
furor contaillod
a
in schedule K to this Ordinance, to appear before tile Supreme Court to
show cause
why the said shill should not be condemned and forfeited to the Crown for
breach of
the provisions of this section, and in case there shall be no owner of
the said ship in
the Colony, nor any agent of such owner, the said notice shall be
published twice in
the Gazette, and such publication shall be equivalent to,personal service
of the citation.

14. On the day appointed for the hearing of guy petition for the release
of the
ship, or for the appearance of the owners or their a;ents in tile
Colony'in obedience to
a citation to show cause why the same should not be forfeited, the Court
shall proceed
to enquire into the matter and to male such orders as may be necessary to
put the
latter of the seizure and detention of the slilp in course of trial
between the owner
and the Crown. 1% 1

The Court may, if it shall think fit, direct a written statement or
answer or any
additional pleading to be filed, and may, in its 4iscretion, receive
evidence orally or by
affidavit, or partly orally and partly by affidavit, and may determine
all questions of
fact as well as of law, or may, of its own motion, or on the application
of either party,
direct a jury to be empanelled for the determination of any question of
fact.
The Court may frame issues of law and of fact, ' au(f generally may
exercise the
same powers and authorities as on-the trial of any other suit, cause, or
matter, within
its ordinary jurisdiction.
The Court may also, during Iii before the said proceedings,- grailt
warrants for

F
the entering and searching of any ship or tenement within the
jurisdiction, and the
seizure of any papers or decuments which may be found therein
respectively, or may
summon any person to appear before the Court, and to produce .any papers
and
documents and may interrogate s'hch persons on oath touching the subject
matter of

the inquiry.

Citation of
owners.
[Ibad, sec. 15.?

I'rnceerlins

thereon.
[ 1Tiict, -see. 16.1
1324

ORDINANCE No. 3 of 1874.

Chinese Emigration,

Evidence of
convictions.
E bid, Re. 17J

Uegnlatione as
to proceeding
against the
offender and
against the ship.

i

3..

13nrden of proof.
tlbid, sec. 18.7

15. Whenever any person shall have been convicted before the Supreme
Court of
an offence against this section, the evidence taken upon the trial of
such offender shall
be received in evidence in any proceedings instituted for the forfeiture
or release of
the ship in respect of which such offence shall have been committed; but
it shall not
be necessary to take proceedings against an offender because proceedings
are instituted
for the forfeiture, or to^take proceedings for the forfeiture because
proceedings are
taken against the offender.

16. The fact of a ship being apparently, fitted and equipped, or in
course of being
fitted and equipped within the waters * of the Colony for the conveyance
of Chinese
emigrants shall, if the owner, agent, or master shall not have obtained a
licence from
the Governor under this section, or under section 5 of this Ordinance, be
priln(lfacie
evidence that such ship is intended for the conveyance of Chinese
emigrants to be
embarked at some port or place out of the Colsn*y. .

Release of slap 17. If on the hearing of the said proceedings for the
forfeiture or release of a ship
Torahs ~f sia. seized under this section, it shall be established to the
satisfaction of the Court that
eec.M9, and Ord.
~u of 1s7s,sec. 1.3 the offence charged has not been committee in respect
o£ such ship against the pro-
visions,of this section rendering such ship lia~le to forfeiture, the
ship shall be released
and restored to the owners thereof or their agents.

Condemnation 18. If on the hearing of the proceedings, it shall be
established to the satisfaction
of ship.
cord. s of 1878, of the Court that the offence charged has been committed
in respect of such ship

omfis s; e~r2 ~10
rendering the same liable to forfeiture under this section, the Court
shall declare such
.
:ship to be forfeited to the Crown.

Penalty in lien 19. It shall be lawful for the Court to impose such a
pecuniary penalty as to the
of fo
[Ordr. Afeitureof 18i3, Court shall seem fit, in lieu of condemning the
ship, and in such case to cause the ship
see. 21.E
to be detained until the penalty is paid, and to cause any penalty so
imposed to be
applied in the same manner in which the proceeds of the said ship, if
condemned by
order of the Courtfiand sold, would have been applicable.

,Costs. 20. The costs of all proceedings for the forfeiture or release of
a ship, shall be in
tlaid, see. a2.) the discretion of the Court. '' . .

Sale of forfeited
ship
Llb£d, sec. 24.)

Indemnity, 21. If the Court be of opinion that there was not reasonable
and probable cause
Mid, see. 23.] for the seizure or detention, and if no such cause appear
in the course of the proceedings,
the Court shall have power to declare that the owner is to be indemnified
by the pay-
ment of costs and damages in respect of the seizure or detention, the
amount thereof
to be assessed by the Court, and any amount so asseised shall be payable
by the
rTreasury out of the general revenues of the Colon,p.

22. Every ship forfeited to the Grown for breach of the provisions of
this section
may be sold by public auction or private contract, and Ady be transferred
to the pur-
chaser by bill of sale under thelbaud of the Governor, and tie seal of
the Colony, and
the net proceeds of such sale shall be paid into theCOlonia,l Treasury
for the use of the

Crown.'
ORDINANCE No. 3 of 1874.

Chinese Emigration.

23. The Governor may, at any time, release any ship seized and detained
under Release of ship,
by Governor.
this section, notwithstanding her forfeiture by the sentence of the
SupreMe Court, on (rbia,,sec 13.1
the owner or agent giving security to the satisfaction of the Governor
that the ship
shall not be employed contrary to this section, or may release the ship
without such
security if the Governor thiyi fit so to release the same.

24. Subject to the provisions of this section providing for the award of
damages Indemnity to
officers,
in certain cases in respect of the seizure o r detention of a ship by the
Court, no (Did, see. 25. 1
damages shall be payable, and no public officer, or other person acting
under his order
or at his request, shall be responsible, either civilly or criminally, in
respect of the
seizure or detention of any ships in purstaance of this section.

25. No proceedings, other than the issue of a warrant for the seizure of
a ship,
or for the apprehension of an offender, shall be instituted for any
offence against the
provisions of this section, except ythe suit. or prosecution of, or with
the consent of
the Attorney General. .

PART III.

MISCELLANEOUS.

Repealing clause.

Prosecution to
be by Attorney
General.
(Tbiri, sec. 26.1

16. The following Ordinance's and scations of Ordinances are hereby
repealed:- Repealing clart'Ac.,

. Ordinance 9 of 1856,

11 of 1857,
6 of 189,
1 of 1862,

J2 of 1868,

8 of 1871,
13 of 1872,
3 of 1873,
5 of 1873,
10 of 1873,

But this repeal shall not afEect:-

.. , ... .. . ... ... ... ... Section 3

......... t The whole.

. Section 27.^

. I

. ... ...... ... ~ The dole.

(a.) Anything duly done before this Ordinance comes into operation;
A

(b.) Any right acquired or liability accrued before this ordinance comes
into

. operation; (c,) Any penalty, forfeitures or other punishment incurred or
to be incurred
in respect of any offence cornmittPd .before this Ordinance comes into
operation;

(d.) The institution of any' legal proceeding, or any other remedy for
ascertaining, enfor0ino or recovering any such liability, penalty,
forfeiture or punishment as aforesaid.
U RDINA ~' CE No. 3 of I 8 r 4:

Chinese Emigration.

Suspending clause.

snvending 1'7. This Ordinance shall not come into operation until Her
Majesty's confirmation
clau,e.
tbereof shall have been proclaimed by the Governor in the Colon.

SCHEDULES.

(A.)
-Form of emigration passage broher's annual bond, n;it7t two sureties to
l-e approred by the
emigration o reer, tnder section 6 paragrapIt 1.
Know ALL METT by these presents, that we A* B of, &c., C D
of, &c., ,and E F of, &c., are held and firuily bound unto laer Most
Gracious Majesty Queen Victoria, in the sum of. five thousand current
dollars, to be paid to bier said
Majesty, Her Heirs and. Successors; to which payment well and truly to be
niadc we bind ourselves,
and every of us jointly and 'severally, our heirs, executor, ~rid
administrators, and the heirs, executor.,
arul administrators of each of its, and each arid every of them, ii.rmly
by these presents, scaled with our
seals.
Dated this day of in the year one thousand eight, hundred and
WHEREAS by the ' Chinese Bm~gration Consoli4xtion Ordinance, 1874,' it is
amongst other things
enacted; that no person whatever shall carry on the husilrcss of a
passage broker in Hongkong, in
respect of a,ny emigrant ship,,or shall be in anywise concerned in the
sale or letting of. passages in any
such sl.up, unless such person, with two goodmnd sufficient sureties 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 suns of five thousand current dollars And whereas the
said C. D. and Z: p: hate
been approved of by the emigration officer as sureties .for the said A. B.
Now the condition of this obligation is, that if the above bounden A. B.
shall well and truly
observe anal comply with all the req-61rements of the said recited
Ordinance, so far as the same relate to
passage brokers; and further, shall well and truly pay all fine:,
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
,4. Z3. may at any time foe
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 and 19th Victoria, cap. 144,
intituled ' Anfl et for the Regulation
of Chinese Passenger Ships; ' then, and in suet case, this obligation to
be void? otherwise to remain
in full force.
Signed., scaled, and delivered, by the above-bounden ~9 . I3., C. D., and
L: T, in the presence of. t

Insert personal and family names in nil], with the occupation and address
of each of the parties.
t Insert the names And addresses in full of the witEesses. ,

Forqn of C.?nigration passage broker's licence, under seeion 6 paragragih
2.
A. B. of* having shown to the satisfaction of me, the undersigned, that he
hath given
bond to Her Majesty, as by the ' Chinese Emigration Consolidation
Ordinance, 1874,' required.: h
the undersigned, do hereby l;ocnse and authorize the said El. B. to carry
on the business of a passage
broker in Hongkong, in i,espect of passengers on board enrigl;Ant 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 .El. B. as in the
aforesaid Ordinance is provided.

Given under my hand and seal this clay of

one thousand eight hundred and

Signatfire (L.s.)

.Emigration O19'rcer.

~ The personal and family names in full ofthe person applying for the
licence, with his address and trade cr c:crulaticn
must be correctly inserted.
ORDINANCE No. 3 of 1874.

Chinese Emigration.

Form of Yoti.ce to be y icert to the em igrati.on cffecr nf,foafc°iturc
of a Zicenee, xndcr

section 6 paragraph, 2.

W lt,-This is to give you notice, that the licence granted on the day of
18-7 , to .l. B. of j- to act as au emigration passage broker, seas can
the day of
' now last past duly declared by me (or us), the undersignec': Justice
(or Justices) of the
Fe-ice to be forfeited.

s Sibuatxwca

Place and elate, 1.57 .

To the EMIGRATION Oririfcrm,

l tctaria., Ilortyhong.

t The personal and family names in full, with the address and trade or
occupation of the party, to he here inserted.
$ l'e;e state severally the reasons of forfeiture.

Form of catozztprssagc ticket, under scctiorGlaragrryl5.

I hereby engage that the; Chinese named at foot hereof shall be provided
with a passage to, ,Li.ol
shall be landed at, the port of in ,, in the ship or vessel called the ~~
,''
with not less than 72 cubicfeet and 12 superficial feet for berth
accommodation (or in case of slips
under section 8, 61: cubic feet and 9 superficial feet), and shall be
victualled according to schedule;
A to '1 The Chinese Passengers' Act, 1855,' annexed, during the xoyage,
and the term of detention at
.any place before its determination, for the sum of dollars, and I hereby
acknowledge to have
received the sum of dollars in full payment.

r
Male:

Age.

Name of Passenger.

Female. i
Occupation.

Native Place.

Signature.

Victoria, > ongkong, the clay of

Passage Bro7;.c-o.

:I hereby certify, that I havetexplaincd and registered the above
contract passage ticket-

Signature.

Ef migration 0trice-r.

Victoria, Iiongkoug, the

flay of 187
ORD1NANCL No: 3 of 1874.

Chinese Emigration.

Regulations referred to in parayrap7t 1 of sectooa 8 respectir~q
Chinesclmssenger skiZ~s.

Xn ship to depart 1, No ship shall clear out or proceed to sea unless the
master thereof shall have received from an
without cortiflcate.
emigration officer a copy of these regulations an,l a certificate in the
form contained in schedule G
annexed thereto, nor until the master shall have entered into the bond
prescribed by section 4 of ' The
T
Chinese Passengers' Act, 18,55.1-1

2. The following conditions as to the accommodation of passengers shall
be observed to the

Aooommodntlon
of paesengere.

satisfaction of the emigration officer:-

'Ventilation, space 1. The space appropriated to the passe>Agcrs between
decks shall be properly ventilated, and
nud height botwscn
sHOk& shall contain at the least 9 superficial and 5'1 cubical feet of
space for every adult on board;

that is to say, for every passenger above twelve years of doe, and for
every two passengers,
between the ales of one and twelve years. The height between decks shall
be at least six
feet.

Male andforunte 2. The accommodation for female passengers Setwecn decks
shall be separate from that

p engprovided for male passengers.

3pneo on upper
aaox.

sick hey, &c.

3. A space of four superficial feet per adult shall be left clear on the
upper deck for the use of
the passengers.

'l.

A reasonable space shall be set apart properly divided and fitted up as a
sick bay; and
sufficient latrines both as to condition arid number shall be provided in
suitable parts of
the ship.

Dock pRll18r1wRlP9. 3. The emigration officer may, in his discretion,
permit (leek passengers to be carried, upon ° such
conditions, as may, from time to time, be prescribed under instructions
from, one of Her Majesty's
Principal Secretaries of State, and until and subject to such
instructions, upon the conditions following:-
1. 1. A suitable awning with screens shall be provided on deck,sufficient
for the protection of the
passc;,tigers from the sun anti from rain.
. f
space. 2. The space appropriated to such dealt passengers shall contain at
the least sixteen superficial
fact for every adult, that is to say, for every passenger above twelve
years of age, and for
every two passengers between the ages of one and twelve.
~cc~nrvea anaoe* 3. In ease dechppassen~ers shall be carried in addition to
other passengers for whom accom-
modat.ion between decks shall be provided, thv space to be appropriated
for deck passengers
shall be reckoned exclusively of the space of four superficial feet per
adult required to be
left clear on the upper deck for t?^_e use of such other passengers.
ProviafonE. ` - 4, The fUllONi'illg conditions as to provisions shall be
observed to the satisfaction of the emigration

officer:-

14%

Proviaicois, fuel and cwa'ter shall be placed on board of good quality,
properly packed and
sufficient for the use and consumption of the passengers, over and above
the victuallina
of the crew during the intended voyage, according to the following scale
Far every passenger per diem:-

Rice or bread stu$t, .............

Dried `~'-~ salt fish, _ .

Chinese condiments and curry stuff, .............. .. ~.

fresh vegetzbles, which will keep for short vovaaes, such as sweet l

potatoes, turnips, carrots, and pumpkins, )
Water (to be carried in tanks or sweet c<IShs),.'.': ................

. gallon 1

not less than
ills. 1 1

n

oz. 1

tbs. 13
ORDINANCE No. 3 OF 1874.

Chinese Emigration.

2. The last preceding condition as to provisions shall be deemed to have
been complied with, dYtieleaoffood
mentioned to scale
in any case where by the special authority of the emigration officer, any
other articles of may be varied.
food shall have been substituted for the articles enumerated in the
foregoing scale, as being
equivalent thereto.

3. Tae passengers m;iy supply their own provisions for the voyage and
proper accommodation
for the stowage, and sufficient cabooses for the cooking of such
provisions must be allowed.

5. The emigration officer shall not give his certificate unless he shall
be satisfied:-

1. 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.

2. That suitable medicines and medical stores, provisions, fuel and water
have been placed on
board, of good quality, properly packed and auflicic.~lt in quantity to
supply the passengers

Pasaengerat own
supplies.

Contents of
certificate.

on board during the intended voyage.

3. That till the requirements of section 8 of this Ordinance have been
complied with.
w

6. The emigration officer may, in his di,f~etion, (subject in lion glong
to an appeal to the Governor) Power to witahoid
eertifioate.
withhold his certificate in all cases where the intended passengers or
any- of them are under contracts
-,of service.

7. The emigration officer way, if he shall think fit, before granting his
certificate, employ nny duly
qualified medical practitioner, master marin:y, marine surveyor, or other
person whose professional
assistance and advice he may require for the purpose o£ ascertaining
whether the reduiremc?nts-of section
8 of this Ordinance have been duly complied with, and tlie,costs and
charges of obtaining such assistance
and advice, shall be defrayed by the owners or charterers of the ship,
whether the emigration officer
shall grant his certificate or not.

8. The emigration officer shall, from time to time, fix a reasonable
scale o£ fees and charges to be Foes ofprofeesioual
person. 6110plOyUd.
approved by one of Her Majesty's Principal 6cclvetaries o£ State, fur the
remuneration of any professional
persons who may be employed by him under the last preceding rcCulation,
and pending the approval or .
disapproval of such scale, the fees and charges therein specified shall
be payable, as if the same had
been approved in manner aforesaid. ^

9. The owners or charterers of every ship shall pay such fees for the
remuneration of the emigration
officer, as may, from time to tkne, be ordered under instructions front
one of Her Majesty's Principal
Secretaries of State, and until and subject to such instructions, the
following fees shall be payable in
addition. to all fees chargeable under regulation 10:-
Upon the application for nAcertificate, . $25
Upon the granting of the certificate, $25

Provided always that no fees shall be payable to the emigration officer
of Hongkong, but in lieu thereof
the following stamp duties are hereby imposed, that is to say :-
Upon every Vplica,tion for a certificate under article 2 of the
regulations
contained in schedule B of the said Ordinance, a stamp duty of . $1
Upon every certificate granted under article 1 of the said regulations, a

Tmigrntion orator
may employ
mediosl mea,
marine aurveynrH,
and others.

And 'The Stamp (Amendment) Ordinance, 1568,' shall be read as if the
stamp duties hereby imposed
were inserted in the schedule thereof.

10. In case default shall be made by the owners or charterers of the ship
in the payment of any ~p for no rata
fees and charges to which they may be liable vender section $ of this
Ordinance, the ship may be detained payment of fee.
by the British Consul, or if in Aongkong by the 'Governor, until such
fees and charges shall have been

paid.

11. The emigration officermay withold his certificate or evoke 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 been made for the same or any other
par~iculars which may have been
furnished to him by or on behalf of the'owners, chartezers, or master of
the ship in relation thereto, are

1eea of Migration
o!lcer.

In cane of false
particulars, hi

b'N

suet certificate
caucelitr3.'

1329
ORDINANCE, No. 3 oF~ 1874.

Chinese Emigi-ation.

untrue. and that the conditions of section 8 of this Ordinance have not
been complied with; and in
every such case it shall be lawful for the Britis'a Consul, or, if in
lion' kong for the Governor, to seize
and detain the ship until the certificate, if already granted, shall have
been delivered up to be cancelled.

12. The master of every British ship shall, during the whole of the
intended voyage, make issues of
provisions, fuel and water, according to the aforesai(i_ dietary scale,
to all the passengers except such . s
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 thenx
as aforesaid, or in respect of the
x2zcans of ventilation, and shall not. ill-use the passengers, or require
them (except in case of necessity)
to help in working the vessel ; arid shall issue mQlicines ancy, medical
comforts, as shall be requisite, to
the best of his judgment, and. shall call at such hurts as may be
mentioned in the emigration officer's
clearing certificate for fresh water and otlf r necessaries; and shall
carry the passengers without
unnecessary delay to the destination to which they have contracted to
proceed.

13. The master of every British ship shall within 21 hours after his
arrival at the port of destination
and at any port of call, produce his emigration hailers to the British
Consul (if any) at such port or in
case such port shall be in lIer Majesty',; dominions to any officer
appointed or authorized by the Local
Government in that behalf. It shall be lawful for such tortsul or other
officer to enter and inspect such
ship, and in case the master shall obstruct or refuge to assist him in
the discharge of such duty, or shall
without xeasnnablc cause fail to produce his emigration papers as
aforesaid, he shall be liable to a fine
of five hundred dollars, and the ship may be detained by the British
Consul, or if in Her Majesty's
dominions, by the Local Government, until such flue shall have been
paid~and the emigration paper-;
shall have been given up. .

16. an all ports and places where no emigration officer shall have been
apl:ointcd, the British Consul
shall, until such appointment, and at all titncs loendiu,; the vacancy of
such office, be deemed to be the
ctnig,trttion officer for the purposes of these regulations.

C,'irfJ,cn .sectlon 8 paragraplz 2.

to-

FOIL iiTEAl' Ia11S
Whose steam power shall be sufficient without the aid of sails to propel
them at the
rat <: of five statute exiles in tyre hour.

Voyages from IonTkong, Swatow, Amoy, Foochow, Ningpo, Shanghai, and any
port in Formosa,

R

Calcutta.
1'egu.
Sumatra.
Java..
'the Straits Settlements.

Labuan.
Sarawak,,
bZanila.
Bangkok. .
Japan.

FOP, SAILING VESSELS

Voyages lroxn I3onyhong, Ssvatow-. Amoy. Foochow, hingpo, Shanghai, and
arty port in Forinosa,,.

From October to 3larch, both inclusive.
Sumatra.
Java..
The Straits Settlements.
Labuan. .
Manila.
Bangkok.

I ronrApril to September, both inclusive.
Labuan.
Manila.
Bangkok.
ORDINANCE -No. 3 a-F I8i4.-

Chinese Emigration,

CG. >

Eutiyta.ti-vn view :s certificate, under sect I ion. S.

I, [ A. B.1 &c., emigration officer at the port of do hereby certify as
follows

1. That the Chinese passenger ship , A. B., master, of the port of
is within the provisions of section 8 of an Ordinance of the Legislature
of Hongkong,
entitled 'The Chinese Emigration Consolidation Ordinanc 1&74,' and that
the said
ship is authorized to proceed to sea from the part of
for the port of

2. That the said ship is authorized to carry

adults and that there are an board

passengers [.f any are oc:el prt.ssettryers add: a£ whom

deck passengers], making in all
male children
ages of one and twelve years.

:3. That the space set apart and tobe kept clear for the use of such
passengers is as follows

On the upper deck
docks

are

adults, namely: men women

female children, such children being between the

n

superficial feet being [&,scribe sp;zcGJ and in the between
sriperficial feet being [describe space].

4. That the ship is sea-worthy, and properly manned, equipped, fitted,
and ventilated; anal.
has not on board any cargo likely, ~rom its quality, quantity, or mode of
stowage to
prejudice the health or safety of the passrn.gers. The means of
ventilating the passengers'
accommodation between decks arc as follows : [describe vrccztt s. J

;i. That suitable medicines and medical stores, provisions, fuel and
water have been placed nn
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 section have been
duly complied with.

7. 'That the aforesaid passengers (or in case cf apart only, .,state t7ce
~ nuntbcr,J 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)
ar.vl 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 ~
187

for water and fresh vegetables.

A. B.,
.Emigrc,tiort o tccr at the
port of

I:I7.W'liere none of the passengers arc emigrants under contracts of
service the following paragraph

shall be substituted for Nragraph 7.'7. That the whole of the said
passengers are free passengers under no contract of service
whatever.'

L'ntigrrztion officer's certificate, under section 14.

I, (A.B.), -emigration officer ff Hongkong, do hereby. certify, that I
have inspected the fittin;s,of
the slip ' ' of which a is master, bound for

and that there are no prohibited or objectionable fittings on board.

Dated at Hon, kong, the day of

187 .

A. B.
Ordinance No. 3 of 1874

Chinese Emigration.

(I.)
Form of warrant , under paragraph 10 of section 15.
Hongkong
to wit.

Whereas it bas been made to appear to my satisfaction that there are
reasonable grounds for suspect-
ing that an offence has been committed.. against the provisions of the
above section in respect of the ship
now lying in the waters of this Colony, rendering the said ship liable to
forfeiture,-
This is therefore to command yon in Her M.-3esty's nary forthwith to
seize the said ship wherever
she may be lying within the waters of this Colony, and to search the said
ship and her equipment, and
to detain the same in dour charge and custody; until the forfeiture or
release thereof, according to law,
for which this shall be your warrant.

Given under my hand and the seal of the Colony, this clay of

in the year of our Lord, 187

ORDINANCE& Nos. 3 AND 4 OF 1874.

Chinese Emigration. Revenue.

Form of warrant, under paragraph, 10 af seetioll 15.

(DS. S.

Guvernur and Cnmauancder it C7eiPf, yc.

Burma of Citation, under paragraph 14 of aeetian 15.

IN THE SUPREME COURT OF HONGKONG.

The day of 137

In re The ' . . '

Tape notice that under anal in purxuance of 'The Chinese Emigration
Consolidation Ordinance, 1874,'
you are hereby cited to appear before the Supreme Court on the day of
to shoal cause why the above-namec'F ship and her equipment. should not
be forfeited to the Crown for
breach of the provisions of the said Ordinance.
To the owners of

the ship '-----,'
or their agents.

[Confirmation never proclaimed. Repealed by Ordinance No. 5 of 1874.]

Title.
Preamble.
Short title.
Interpretation clause.
[18 & 19 Vic., c. 104.]
1310
Ord. 3 of 1873, Sec. 2]
[Ibid.]
[Ibid.]
[Ibid.]
[18 & 19 Vic., c. 104.]
[Ibid.]
[Ibid.]
[Ibid.]
[Ibid.]
Definition of short voyage.
[Ord. 9 of 1858, Sec. 3.]
Notice of ship being laid on as a Chinese passenger ship to be given to emigration officer.
[Ord. 12 of 1868, Sec. 5.]

1311
No Chinese passenger ship to proceed to sea without a licence from the Governor.
[Ord. 4 of 1870, Sec. 3.]
Power to exempt certain vessels from the operation of this sec.
[Ibid, Sec. 11.]
Time and mode of application for licence.
[Ibid, Sec. 4.]
Punishment for furnishing untrue particulars.
[Ibid, Sec. 5.]
Conditions of licence and amount of fee.
[Ibid, Sec. 6.]
Governor in Council may impose conditions.
Licence to specify time of departure; proviso for extension thereof.
[Ibid, Sec. 7.]
Power to remove master or other officer.
[Ibid, Sec. 8.]

1312
Power to revoke and cancel license.
[Ibid, sec. 9.]
Breach of condition of license.
Application of penalty for breach of this Ordinance recoverable under 'The Chinese Passengers' Act, 1855.'
[Ibid, sec. 10.]
Regulations of schedule A of 'Chinese Passengers' Act, 1855,' not to be affected by this section.
No person to act as a passage broker without having entered into a bond and obtained a licence.
[Ord. 11 of 1857, sec. 1.]

1313
How passage broker's licences may be obtained.
[Ibid sec. 2.]
Power to Magistrates to order license to be forfeited.
Fee to be paid for licenses.
[Ibid, sec. 3.]
How long licences are to continue in force.
[Ibid, sec. 4.]
Contract tickets for passages
[Ibid, sec. 5.]
Passage brokers to produce to emigration officer certificate that they have chartered the ship for carrying emigrants.
[Ibid, sec. 6.]

1314
Passage broker to attend before emigration officer for the purpose of delivering the contract tickets to passengers.
[Ibid, sec. 7.]
Contract tickets not to be altered.
[Ibid, sec. 8.]
Agents not to act without written authority, and to produce their authority on demand.
[Ibid, sec. 9.]
Notice of every contract with emigrants to be given to emigrant officer.
[Ord. 12 of 1868, sec. 8.]
Penalties for offences.
[Ord. 11 of 1857, sec. 10.]
Hospital accommodation to be provided, [Ord. 6 of 1859, sec. 1.]

1315
and property fitted up.
Space for hospital to be included in measurement of capacity for passengers.
[Ibid, sec. 2.]
Governor authorized to appoint a medical officer.
[Ord. 12 of 1868, sec. 9.]
Medical examination before sailing.
[Ord. 6, of 1859, sec. 3.]
Medical inspection of emigrants under contract of service.
[Ord. 12 of 1868, sec. 10.]
No emigrant to embark or be received on board without a permit.
[Ibid, sec. 11.]
Emigration officer to appoint time for medical inspection after embarkation.
[Ibid, sec. 12.]
1316
Chinese medical practitioners may be Surgeons of Chinese passenger ships.
[Ibid, sec. 14.]
Modified regulations for voyages of not more than thirty days' duration.
[See Ord. 8 of 1871.]
Voyages declared to be of not more than thirty days' duration.
[Ibid, sec. 4.]
Not to affect ships not within the Chinese Passengers' Act.
Depots to be provided for the lodging of emigrants.
[Ord. 12 of 1868, sec. 4.]
Emigrants to lodge in depot three clear days before embarkation.
[Ibid, sec. 6.]
Supervision of depots.
[Ibid, sec. 7.]
Orders in Council to apply to Chinese passenger ships.
[Ibid, sec. 15.]

1317
No Chinese passenger ship to clear between April and September.
[Ibid, sec. 16.]
Emigration officer may land any emigrant who is unwilling to leave the port and who has been procured by any frand, &c.
[Ibid, sec. 18.]
Punishment for improperly obtaining emigrants.
[Ibid, sec. 19.]
Punishment of persons committing any breach of this Ordinance.
[Ibid, sec. 21.]
Notice to emigration officer.
[Ord. 3 of 1873, sec. 4.]

1318
Report to emigration officer.
[Ibid, sec. 5.]
Powers and duties of emigration officer.
[Ibid, sec. 6.]
Certificate of emigration officer.
[Ibid, sec. 7.]
Barricades and gratings prohibited.
[Ibid, sec. 8.]
Other prohibited fittings.
[Ibid, sec. 9.]
Seizure and forfeiture thereof.
[Ibid, sec. 10.]
Unlaeful possession, &c. of prohibited fitting.
[Ibid, sec. 11.]
Taking prohibited fittings on board or refusal to remove the same.
[Ibid, sec. 12.]
1319
Ship leaving without certificate or with prohibited fittings.
[Ibid, sec. 13.]
Fraudulent use of a certificate.
[Ibid, sec. 14.]
Trial of offences.
[Ibid, sec. 15.]
Punishments of offences.
[Ibid, sec. 16.]

1320
Proceedings for forfeiture of fittings.
[Ibid, sec. 17.]
Powers of Police authorities.
[Ibid, sec. 18.]
Limitation of actions, &c.
[Ibid, sec. 19.]
Prosecution to be by Attorney General.
[Ibid, sec. 20.]
Interpretation clause.
[Ordinance 5 of 1873, sec. 2.]
'Building.'
'Equipping.'

1321
'Ship and Equipment.'
[Ibid, sec. 3.]
Licences under this section.
Licence from Governor.
[Ibid, sec. 4.]
Form and conditions of licence.
[Ibid, sec. 5.]
Mode of application for licence.
[Ibid, sec. 6.]
Punishment for furnishing untrue particulars.
[Ibid, sec. 7.]
Power to revoke and cancel licence.
[Ibid, sec. 8.]
Building repairing, equipping, despatching, selling, hiring, &c., &c., without licence.
[Ibid, sec. 9.]

1322
Penalty.
Punishment of accessories.
[Ibid, sec. 10.]
Seizure, search, and detention of suspected ships.
[Ibid, sec. 11.]

1323
Power officers authorized to seize ships.
[Ibid, sec. 12.]
Pentition to Court.
[Ibid, sec. 14.]
Citation of owners.
[Ibid, sec. 15.]
Proceedings thereon.
[Ibid, sec. 16.]

1324
Evidence of convictions.
[Ibid, sec. 17.]
Regulations as to proceedings against the offender and against the ship.
Burden of proof.
[Ibid, sec. 18.]
Release of ship be the Court.
[Ord. 5 of 1873, sec. 20, & Ord. 10 of 1873, sec. 2.]
Penalty in lieu of forfeiture.
[Ord. 5 of 1873, sec. 21.]
Costs.
[Ibid, sec. 22.]
Indemnity.
[Ibid, sec. 23.]
Sale of forfeited ship.
[Ibid, sec. 24.]

1325
Release of ship by Governor.
[Ibid, sec 13.]
Indemnity to officers.
[Ibid, sec. 25.]
Prosecution to be by Attorney General.
[Ibid, sec. 26.]
Repeating clause.

1326
Suspending clause.

1327
1328
No ship to depart without certificate.
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.
Provisions.
Scale.

1329
Articles of food mentioned in scale may be varied.
Passengers' own supplies.
Contents of certificate.
Power to withhold certificate.
Emigration officer may employ medical men, marine surveyors, and others.
Fees of professional persons employed.
Fees of emigration officer.
Power to detain ship for non-payment of fees.
In case of false particulars, ship may be detained and certificate cancelled.

1330
Treatment of passengers at sea.
Production of emigration papers at port of destination.
British Consul deemed emigration officer where no such officer is appointed.
1331
1332

Title.
Preamble.
Short title.
Interpretation clause.
[18 & 19 Vic., c. 104.]
1310
Ord. 3 of 1873, Sec. 2]
[Ibid.]
[Ibid.]
[Ibid.]
[18 & 19 Vic., c. 104.]
[Ibid.]
[Ibid.]
[Ibid.]
[Ibid.]
Definition of short voyage.
[Ord. 9 of 1858, Sec. 3.]
Notice of ship being laid on as a Chinese passenger ship to be given to emigration officer.
[Ord. 12 of 1868, Sec. 5.]

1311
No Chinese passenger ship to proceed to sea without a licence from the Governor.
[Ord. 4 of 1870, Sec. 3.]
Power to exempt certain vessels from the operation of this sec.
[Ibid, Sec. 11.]
Time and mode of application for licence.
[Ibid, Sec. 4.]
Punishment for furnishing untrue particulars.
[Ibid, Sec. 5.]
Conditions of licence and amount of fee.
[Ibid, Sec. 6.]
Governor in Council may impose conditions.
Licence to specify time of departure; proviso for extension thereof.
[Ibid, Sec. 7.]
Power to remove master or other officer.
[Ibid, Sec. 8.]

1312
Power to revoke and cancel license.
[Ibid, sec. 9.]
Breach of condition of license.
Application of penalty for breach of this Ordinance recoverable under 'The Chinese Passengers' Act, 1855.'
[Ibid, sec. 10.]
Regulations of schedule A of 'Chinese Passengers' Act, 1855,' not to be affected by this section.
No person to act as a passage broker without having entered into a bond and obtained a licence.
[Ord. 11 of 1857, sec. 1.]

1313
How passage broker's licences may be obtained.
[Ibid sec. 2.]
Power to Magistrates to order license to be forfeited.
Fee to be paid for licenses.
[Ibid, sec. 3.]
How long licences are to continue in force.
[Ibid, sec. 4.]
Contract tickets for passages
[Ibid, sec. 5.]
Passage brokers to produce to emigration officer certificate that they have chartered the ship for carrying emigrants.
[Ibid, sec. 6.]

1314
Passage broker to attend before emigration officer for the purpose of delivering the contract tickets to passengers.
[Ibid, sec. 7.]
Contract tickets not to be altered.
[Ibid, sec. 8.]
Agents not to act without written authority, and to produce their authority on demand.
[Ibid, sec. 9.]
Notice of every contract with emigrants to be given to emigrant officer.
[Ord. 12 of 1868, sec. 8.]
Penalties for offences.
[Ord. 11 of 1857, sec. 10.]
Hospital accommodation to be provided, [Ord. 6 of 1859, sec. 1.]

1315
and property fitted up.
Space for hospital to be included in measurement of capacity for passengers.
[Ibid, sec. 2.]
Governor authorized to appoint a medical officer.
[Ord. 12 of 1868, sec. 9.]
Medical examination before sailing.
[Ord. 6, of 1859, sec. 3.]
Medical inspection of emigrants under contract of service.
[Ord. 12 of 1868, sec. 10.]
No emigrant to embark or be received on board without a permit.
[Ibid, sec. 11.]
Emigration officer to appoint time for medical inspection after embarkation.
[Ibid, sec. 12.]
1316
Chinese medical practitioners may be Surgeons of Chinese passenger ships.
[Ibid, sec. 14.]
Modified regulations for voyages of not more than thirty days' duration.
[See Ord. 8 of 1871.]
Voyages declared to be of not more than thirty days' duration.
[Ibid, sec. 4.]
Not to affect ships not within the Chinese Passengers' Act.
Depots to be provided for the lodging of emigrants.
[Ord. 12 of 1868, sec. 4.]
Emigrants to lodge in depot three clear days before embarkation.
[Ibid, sec. 6.]
Supervision of depots.
[Ibid, sec. 7.]
Orders in Council to apply to Chinese passenger ships.
[Ibid, sec. 15.]

1317
No Chinese passenger ship to clear between April and September.
[Ibid, sec. 16.]
Emigration officer may land any emigrant who is unwilling to leave the port and who has been procured by any frand, &c.
[Ibid, sec. 18.]
Punishment for improperly obtaining emigrants.
[Ibid, sec. 19.]
Punishment of persons committing any breach of this Ordinance.
[Ibid, sec. 21.]
Notice to emigration officer.
[Ord. 3 of 1873, sec. 4.]

1318
Report to emigration officer.
[Ibid, sec. 5.]
Powers and duties of emigration officer.
[Ibid, sec. 6.]
Certificate of emigration officer.
[Ibid, sec. 7.]
Barricades and gratings prohibited.
[Ibid, sec. 8.]
Other prohibited fittings.
[Ibid, sec. 9.]
Seizure and forfeiture thereof.
[Ibid, sec. 10.]
Unlaeful possession, &c. of prohibited fitting.
[Ibid, sec. 11.]
Taking prohibited fittings on board or refusal to remove the same.
[Ibid, sec. 12.]
1319
Ship leaving without certificate or with prohibited fittings.
[Ibid, sec. 13.]
Fraudulent use of a certificate.
[Ibid, sec. 14.]
Trial of offences.
[Ibid, sec. 15.]
Punishments of offences.
[Ibid, sec. 16.]

1320
Proceedings for forfeiture of fittings.
[Ibid, sec. 17.]
Powers of Police authorities.
[Ibid, sec. 18.]
Limitation of actions, &c.
[Ibid, sec. 19.]
Prosecution to be by Attorney General.
[Ibid, sec. 20.]
Interpretation clause.
[Ordinance 5 of 1873, sec. 2.]
'Building.'
'Equipping.'

1321
'Ship and Equipment.'
[Ibid, sec. 3.]
Licences under this section.
Licence from Governor.
[Ibid, sec. 4.]
Form and conditions of licence.
[Ibid, sec. 5.]
Mode of application for licence.
[Ibid, sec. 6.]
Punishment for furnishing untrue particulars.
[Ibid, sec. 7.]
Power to revoke and cancel licence.
[Ibid, sec. 8.]
Building repairing, equipping, despatching, selling, hiring, &c., &c., without licence.
[Ibid, sec. 9.]

1322
Penalty.
Punishment of accessories.
[Ibid, sec. 10.]
Seizure, search, and detention of suspected ships.
[Ibid, sec. 11.]

1323
Power officers authorized to seize ships.
[Ibid, sec. 12.]
Pentition to Court.
[Ibid, sec. 14.]
Citation of owners.
[Ibid, sec. 15.]
Proceedings thereon.
[Ibid, sec. 16.]

1324
Evidence of convictions.
[Ibid, sec. 17.]
Regulations as to proceedings against the offender and against the ship.
Burden of proof.
[Ibid, sec. 18.]
Release of ship be the Court.
[Ord. 5 of 1873, sec. 20, & Ord. 10 of 1873, sec. 2.]
Penalty in lieu of forfeiture.
[Ord. 5 of 1873, sec. 21.]
Costs.
[Ibid, sec. 22.]
Indemnity.
[Ibid, sec. 23.]
Sale of forfeited ship.
[Ibid, sec. 24.]

1325
Release of ship by Governor.
[Ibid, sec 13.]
Indemnity to officers.
[Ibid, sec. 25.]
Prosecution to be by Attorney General.
[Ibid, sec. 26.]
Repeating clause.

1326
Suspending clause.

1327
1328
No ship to depart without certificate.
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.
Provisions.
Scale.

1329
Articles of food mentioned in scale may be varied.
Passengers' own supplies.
Contents of certificate.
Power to withhold certificate.
Emigration officer may employ medical men, marine surveyors, and others.
Fees of professional persons employed.
Fees of emigration officer.
Power to detain ship for non-payment of fees.
In case of false particulars, ship may be detained and certificate cancelled.

1330
Treatment of passengers at sea.
Production of emigration papers at port of destination.
British Consul deemed emigration officer where no such officer is appointed.
1331
1332

https://oelawhk.lib.hku.hk/items/show/332

1890

v3

No. 3 of 1874

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