CHINESE EMIGRATION CONSOLIDATION ORDINANCE, 1874

CHINESE EMIGRATION CONSOLIDATION ORDINANCE, 1874

Chinese Emigration.
No. 5 of 1874.

An Ordinance to consolidate and amend the Law relating to Chinese
Passenger Ships, and the Conveyance of Chinese Emigrants.

[7th September, 1874.]

WHEREAS it is expedient to consolidate av-1 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 ma x. be cited for all purposes as '.The Chinese
Emigration
Consolidation Ordinance, 1874. ' _

2.

In the interpretation of this Ordinance : -

The term 'C$inese Passenger Ship' shall include every ship carrying
from any port in*Hangkong, and every British ship carrying from guy port
in China, or within one ht^ndred miles of the coast thereof, yore than
twenty
passengers being natives, of Asia;
TOM. $0, 1sM
2.7

ys & 1s Vic.,
c, 104.3

ORMNANCEINo. 5 op, 18711

Chanege Emigration.

[T7te expression 11 Chinese .Emigrant Ship 'shall mean any ship not beim
j a
Chinese Passenger Ship' lying in the waters of the Colony, and fitting
out or
intended to the used for the conveyance of Chinese emigrants to be
embarked at any
port or place out of the Colony; Rep. by Ord. No. 6 of 18T9.]

rrtta.i The tern 'Fittings' shall include any article capable of being
used as
part of the tackle, apparel, furniture, or equipment of a ship ;
The expression 'Prohibited, Fittings' shall mean any fittings prohibited
by this Ordinance, or by a proclamation of the Governor;

The expression 'Emigration Officer' wall include any person deputed
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 incluqe-all Her Majesty's possessions abroad
not being under the Government of the Viceroy of India;
The word ' Governor' shall signify the person for the time being
lawfully administering the GovernIment ment of such Colony;
The term 'British Consul' shail include any person lawfully exercising
Consular authority on behalf of Her Majesty in any foreign port;

~iota.j 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.

De finition of a voyage within ' The Chinese Passe7cgers' Act.'

ne~rytinn at' 3. Any Chinese passenger ship clearing out or proceeding to
sea from any port in
ehort: struck OW ~y ora. w0.14f this Colony, or in China, or within a
hundred miles of the coast thereof, on any voyage
1$fiQa voyage.
[Ord. s of 1666, or voyages to any other port or ports ^for the purpose of
commencing at or from any
sec. 3.) ,
such port or parts as last aforesaid a voyage of more than seven days'
duration shall
. be deemed to have cleared out or proceeded to C'ea upon the said last
mentioned voyage
from the said fiist mentioned port within the meaning of 'The Chinese
Passengers'
pct, 1855.'

PART I.

REGULATIONS UNDER ' THE CHINESE PAldSETGERS .ACT.'

Notice of passenger ship being laid on, the berth..

Notice of aliih 4. The owners or char terexs of every Chinese.passenger
ship, or if absent from the
being hid nn as ,~
rz Chinese pas- Colony their respective agents, shall as soon as such ship
is laid on for the conveyance
sengor chip to he -
9'eut° a''ig''a- of Chinese emiagrants give notice in writing of the fact
to the
~ti.n officer, emigration officer speci-

c t~

f4rci. 12 of 1868,

se4 s.J fy %nb in such notice the name, destination and probable time of
departure of such ship,
and in all cases where such intending emigrants are under contracts of
service, of the
depot or depots in which such intending emigrants are lodging or intended
to be
lodged before embarkation.
\'CE- N©. .5 op. 1874.

Chinese Emigration.

Licensing of 11 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, and the emigration officer shall not
grant the certificate
prescribed by section 4 of ' The Chinese Passengers' Act, 1845,'5, 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 obtained in r4anner hereinafter mentioned.

2. It shall be lawful for the Governor ilA Council, from time to time, to
exempt
from the operation of this section, any mail steamers or other 'Vessels
whicb fire subject
to the provisions of 11 The Chinese Passengers' Act, 1850,' provided that
the Chinese
passengers proceeding in such vessels be free emigrants and under no
coutract of
service whatever. [Repealed by Ord. .No. 1 of 1876 but revived by Qrd.
No. 3 of 1876.

3. The owners or chartererslof every such Chinese passenger ship, or if
absent
from the Colony their respective agents, shall, before such ship is laid
on for the con-
veyance of Chinese emigrants and before any depot is opened for their
reception, apply
is writing to the Colonial Secretary for u, licence under the hand of
tile Governor and
the public seal of the Colony for the conveyance of such c;migrallts and
shall ffurnish
all particulars as to the destination of the said ship and as to all
other matters relating
to the intended voyage and emigration which may be required of them, and
shall also
furnish the like particulars where any exemption is applied for under
paragraph 2 of

'No Chinese _
passenger ship to
proceed to sea
`without a
licence from the
Governor.
[Ord . 4 of 1870,
sec. 3.1
[.For amrradmeo:ts
see Ord. Bo.-1 of
1876 which eras
aealed by Ord.
No. 3 of 1676.]

Power to exempt
certain vessels
from the opera-
tion of this
section.
Elbid, see. 11.)

Time and mode
of application
for licence.
Clbid, sec. 4.]

-this section.

y4. All such particulars shall, if so ordered, be ver lied upon oath
before the emi-
gration officer or any 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 discretitpn of the
Governor
in Council and shall' be subject to the payment of a fee of one hundred
dollars [See
-Ords. Nos. 1 and 3 of 1876] and to such conditions as may, from time to
tinge, be prescribed
under instructions from Her Majesty's Principal Secretary of State for
the Colonies,
and the Governor in Council may impose such conditions on the granting of
such licence
as be shall think expedient in each particular case, provided the same
shall not be
contrary to or inconsistent with such instructions. .r

d. Every licence [See Ords. Nos. 1 and 3 of 1876], granted under this
section in
respect of any Chinese passenger ship shall specify the period within
which such ship
.shall clear out and proceed to sea® Provided always that it shall be
lawful for the
Governor- in Council, from time to time, to extend such period.

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

Punishment for
furnishing -
untrue parti.
culars.
Eibid; sec. 5.7

Conditions of
licence and
amount of fee.
CIGid, sec. (i.]

Governor in
Council may
impose condi-
tions.

Licence to
specify time of
departure;
proviso for
extension
thereof.
Clbid, sec. 7.1
Pni ec to revoke
it wi camel
licence.
f1bid, see. `).]

Ctreaeh of condt-
Viui .of licence.

ORDINANCE NO-'Z OF 1874.

Chinese :migration.

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 blaster or mate, or other
officer, as the case may
13e, to be approved by the emigration officer, in the place of the one so
discharcc;d and
removed as aforesaid,,

8~ In any of the fellowina cases, nalnely:-

(a.) If it shall appear to the satigfaction off, the Goverclor in
Council, at any
time before the departure of a Chinese passenger ship, that the parti-
culars furnished in relation thereto under pararaph 3 are untrue, or-
0

that any condition of the said licence has been violated;

(bj If any Chinese passenger ship shall fail to clear out and proceed to
seas
with ita the period specified in tliejicence granted under this section,
or
- r

within such extended period as afor csaid ;

(o.) If the owners or charterers of a Chinese passenger ship shall fail
forth-
with to appoint a master, mate, or other officer to be approved as.
r
aforesaid, in the place of any master, rn'ate, or other officer discharged
under paragraph 7 ;

It shall be lawful for the Governor in Council to revoke the licence
granted under this-
sec;tion in respect of such Chinese passenger ship, acid to order that
the said ship be
seized and detained W til her emigration papers (if already granted) be
delivered up -

to be cancelled.

9. The breach of guy condition of a licence granted under this section
shall be
deemed a breach of aregulation respecting Chinese passenger ships within
the meaning
of section 0. of 'The Chinese Passengers' Act, 18JJ.'

10. It shall be lawful for the Governor in Council to apply the whole or
guy hart
of the penalty recoverable ill case of trhe non-observance or
non-performance of the
regulations of this section under the provisions ot section 5 of ' The
Chinese Passengers'
Act, .185,' towards the expenses of recouveying to their homes, intending
emigrants-
by, any vessel in respect of which the kicence granted under this section
shall have been
revoked in uiauuer hereiubc,fore provided.

11; Nothing in this section stall be deemed to affect the rejulat.ions
contained in.
schedule A of ~~ The Chinese Passengers' Act, 185x.'

[The whole of section v repealed by Ordinance No. 5 of 1876.1

Application of

en4ltY for

vioach of thte
'Ordinance.
rbcoverable -
Wider ,'The,
i'assen-
hers' Act,
160, (Ibirl; sec. 1~.]

Regulations of
salyetlttte A of
I Chinese Pas-
yengars' Act,
1 R55,' not to be
affected by this
section.

i ~rrzigration passage brokers. ,

W° person t° act 8. No person shall act as a passenger broker,,,or in
procuring passengers for, or in
as rt pusmge v
braker vrithont the sale or letting of passages in any Chinese 1>assenger
ship', unless lie shall, with two
lrat'lng entered
Into a bond and sufficient sureties, to be approved 'by the emigration
ofiicer,c have entered into a joint
obtained a
licence. ,ynd several bond in the sum of fire thousand current deliars to
Her Yia, est Her
j(?i
11eirs anti Successors, according to the form contzil~d in schedule A
hereunto annexed,
which band shall be renewed on each occasion of obtitinin; such licence
as hereinafter-
ORDINANCE \o. 5 of 1874.

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 passage broker,
sllall.make
-application for the same to the emigration officer, and the emigration
officer'is hereby
-authorized (if he shall think fit) to ;rant such licence according to
the form i» schedule
D hereunto annexed: Provided always, that no, 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 licence to be forfeited, and the same
shall thereupon
be forfeited accordingly; and the said. Magistrate making such order
shall forthwith
-.cause notice of such forfeiture, iii 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.
T

3. Every person obtaining such licence as aforesaid, shall pay to the
emigration Fee tobepaia
- for licences.
ofiicer a fee of two hundred current dollars, which fee the emigration
officer is hereby [Ibid, kee.3.] -
.,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. -
4. Such licence shall continue, in force until the 31st day of December
in the year i-t-wlonslirenre,%
tire to continue
in which such licence shall be granted, and for fourteen days afterwards,
unless sooner in force.
forfeited as hereinbefore mentioned. [lbid, sec. 4.]

01

. Every passage broker who shall or may receive money from any person,
for or
in respect of a passage in any Chinese''Npassenger ship, shall give to
every such person
.a contract ticket, under the hand of such passage broker, and stamped
with his seal or
-trade mark,-each ticket to be printed in a plain 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 or take any money
on account
aof 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 certificate of the master or owner of the
slip, in respect of
*hich such passage shall 'or may have been taken, or,the accommodation in
which
shall leave been so sold or ler, 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, c^r for the sale or letting of the
accommodation in
~;Buch ship; and such certificate shall be filed in the office of the
emigration officer.

)low passage
broker's licence.,
map be obtuincU.
[eked, sec. 2.]

Power to vTit.

gistrutes to order
licences to be
forfeited.

Contract tickets
for passages.
(Ibid, sec. 45.]

Passage brokers
to produce to
emigration
of>'icer certificate
that they have
chartered the
ship for carrying
emigrants.
[Ibid, sec. fi.l
ORDINANCE No: 5 of 1.874.

Chinese Emigration.

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

officer for the

p~ilperi~gt~te passage shall attend with him at the once of the emigration
officer, in whose presence

contract tickets

the dontract ticket shall be delivered to such passenger, and who shall
explain to him

to pas:~engers. Cl'bE~l, sec. 7.l

the true intent and xn-eaning of such contract. .
r

Contract tickets $: No person shall fraudulently alter or cause to be
altered, after it is once issued,
not to be altered.
Midi sec.sj 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 shall, as agent for any
person, whether a licensed
act without
written anthA- broker or not, receive money for or on account of the
passage of any passenger on
rityj and to
itroa>rcetheir ' board a Chinese passenger ship without having a written
authority to act as such
authority on O ~ o
agent, or on the demand of the emigration officer, refuse or fail to
exhibit his licence
and such written authority; and no person whether,p,s principal or agent
shall, by any
fraud, or by false representation as to the size of the ship or
otherwise, or by any false
pretence whatsoever, induce any person to engage any passage as aforesaid.
Notice of every 10. Every elnigratiou passage broken who shall contract
with any intending
contract with ..
emigrants to t,o emigrant for a passage i>1 such ship :3ha11 forthwith
give notice in writing to the-
qIven to cutigrxt-
ttAn officer.
Cord. 12 of 180, emigration officer of every such contract, specifying the
name, awe and sex of such

~ a a

sec. aj emigrant and the name of such ship.
Tenaoies for 11. .1111 violations or aisobediences of, or defaults in
coiupliance with, the prav-
$trerices.
( ae, la.l Urd:lxof1867, signs ox this section shall be heard and
determined in a summary way; and on con-
a vietion of such offences, the respective offenders shall be sentenced to
pay the several
penalties, or i>q default of the payment thereof, to suffer the several
terms of imprison-
ment respectively hereinafter specified: ---
(a.) For every offence against paragraph 1, a fine not exceeding four
hundred
dollars, or imprison rneaat for a term not exceeding six months.
(b.) For fiery offence against paragraph 5, a fine not exceeding fifty
dollars,.,
or imprisonment for' a term not exceeding sir weeks.
(c.) For every offence again paragraph 6, a fine not exceeding one
`hundred
dollars, or imprisonment for a term not exceeding three months.
(d) Far every offence committed by a passage broker against paragraph 7, a
fine not exceeding one hundred dollars, -)r imprisonment for a term
not exceedinb three months.
(e.) For every offence against paragraph 8, a fine not exceeding fifty
dollars,.
or imprisonment for a term not exceeding two months.
Hospital and medical inspection.

xiogpitar accAm- 7, In every Chinese passenger ship, except ships about to
proceed on a voyage of
raoclation to be
provided, cora. not more than thirty days' duration within the meaning of
section 8 of this Ordinance,

ti;Af 1859, see. 1.1

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 as a hospital or
sick bay for the-
ORDINANCE No. '5 of 1874.

Chinese _Emigrati6n.

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 eli7iigra-
tion officer, or on the upper passenger duck, and not elsewhere, and
shall in no case be
of less dimensions than eighteen clear superficial fast for every fifty
passengers which
the ship shall carry. Every such hospital shall be fitted with be J
places, and supplied
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 authorized to appoint, at a salary not
egceediug ° two
thousand dollars per annum, a mediqLl officer whose duty it shall be to
inspect intend-
ing emigrants and to supervise ail matters and things in any way relating
to the
comfort and well-being of such emigrants before their departure and on
their voyage,
and such salary shall be in lieu of all fees.

4. No Chinese passenger ship shall,clear out or proceed to sea on any
voyage of
more than seven days' duration, until the proper medical officer as
provided shall havo-
certified to the emigration officer, and the said 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 pro$eed 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..such time and
place on shore, before embarkation, as . he may appoint; and the master,
owner, or
charterer of the ship, shall pay to the emigration officer a sum at the
rate of twenty-five
current dollars, for every hundred persons so examined, 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, 185' 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 contrast of service to
embark in No emigrant to
embark or be
any Chinese passenger ship, or for the master or other person on board of
a Chinese received onboard
without a permit.
passenger ship to permit any such emigrant to embark therein, unless such
emigrant cl°i~,sec.11.7
shall produce an embarkation permit, from the emigration officer, who
shall not grant
the same unless he shall be satisfied that such emigrant has undergone on
shore the
medical inspection required'by law to be made before embarkation.

7. The medical inspection. of emigrants required to be made after their
embarlia- Emigration
officer to appoint
t10Ii 1I1 an Chinese passenger shi 'shall take lace at suck time as the
emigration time for medical
p o p p t~ inspection after

embarkation.
Clbid, see. 12.1

and properly
fitted up.

Space for hospital
to be Included in
measurement of
capacity for
~assengers.
~IGici, see. 2:3

Governor au-
thorized to ap-
point a medical
officer.
[Ord. i3 of 1868,
see. 8.7

Medical examIna--
tipn before Ball-
ing9,[Urd. :, of
186 see. 3.7

Medical inspec-
tion of emigrants.
under contract
of service.
[Ord. 12 of 1868,
aec. I0.1

officer shall appoint.
ORDINANCE No. 5 of 1874.

Chinese Emigration.

Chinese medical 8. Any Chinese medical practitioner properly qualified to
the satisfaction of the
practitioners Colonial Surgeon shall be eligible, with approval of the
Governor, for the office of surgeon
of Chinese
CIb~, see,14.3Z5 of a Chinese passenger ship within the terms of schedule
A of 'The Chinese Passengers'

Act, 1$55.' .

Regulations for voyages of not more than thirty drays' duration.

nipaltiea regula- $, All ships clearing out or proceed^ng to see upon
voyages of not more than
tions for voyages
of not more than thirty days' duration, shall be subject ~o the modified
regulations contained in schedule
thirty days'
-duration. of E of this Ordinance which as regards such ships shall be
substituted for those contained
in schedule A of 'The Chinese Passengers' Act, 186fi,' but nothing ill
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,schedule expressly
modified.
r
Voyages de- 2. The vo ales specified. in schedule F to this Ordinance
annexed are hereb
Glared to be of y n<,tmore than declared to be voyages of not more than
thirty days' dduration, snb ect as regards
thirty days y ~ J duration
Claid, a. steamers to the conditions as to their rate V speed and as
regards sailing vessels to the
rW. ~.7 conditions as to the periods of the year during which the voyage
shall be performed,
in the said schedule respectively expressed and contained.
Not to affect 3. This section shall not be construed as affecting any
Chinese passenger ship
xuhtpa not within
-

iiohe Chinese which is about to proceed to sea on a voyage of not more
than seven days' duration.
1'asaensrbra' ,~1ot:'

Depots foo- emigrants under contract of service.

9. The owners 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.

nmsgranta to ' 2. Every intending emigrant by such Chinese passenger ship
shall lodge, at the
lodge in depot

bt m before embarka-

tion. least three clear days previously to his embarkation, in the depot
provided by the
ti'n.
Chid, sec. 8.7 owners or charterers of such skip.

Supervision of 3. Every such depot as aforesaid shall be under
the'supervision of the emigration
<Ieloi>ts.
[[bid, sec. 7.1 officer who may inspect the same at such times as be shall
think fit, and there shall be
at all times free ingress and egress allowed to all persons to and from
such depots,
frOnl 6 A.M. to 6 P.M.

Orders in Co,uncal relating to quantity c~ water.

`Qrderairi.Cmu- 10, All Orders of Her Majesty the Queen in Council
relating to' the quantity of
-ell to apply to
Chinese pas.-en. water to be carried by passenger ships having a certain
description of condensing
her ships.

tr,~za, see. 15.1 apparatus shall apply to Chinese passenger ships.
QRDINANCINo. 5 0F187.

Chinese Emigration.

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

11. No Chinese passenger ship, unless a vessel propelled by steam,- bound
to any
port westward of the Cape of Good 'Rope or to any port in Australia, New
Zealand,
Oceania, or Tasmania shall be permitted to clear from any port i1 the
Colony between
the months of April and September inclusive.

Unwilling emigrants.

12. It shall be lawful for the emigration officer at guy time when he is
satisfied
that any emigrant who is unwilling to leave the port has been obtained by
any fraud,
violence, or other improper means, to, land such emigrant and procure him
a passage
back to his native place or that from which he was taken, and also to
defray the cost of
his maintenance whilst awaitin; a return passage, and all such expenses
with all legal 11
costs incurred shall be recoverabiesby the emigration officer before any
Police Magis-
trate from the emigration passage broker of the vessel in which such
emigrant was
shipped or intended to be shipped.

2. Whosoever shall unlawfully either by force or fraud take away or
detain against
his will any man or boy with intent to put him onboard a Chinese
passenger ship anal
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 fur any term not exceeding two years with or-
without hard
labor.

Penalties for breach of Ordinance.

13. The owners or c;harterers of any Chine passenger ship and any
emigration
passage broker and any intending enpigrant by a Chinese pass n. ger ship
and any
master or other person in charge of a Chinese passenger ship who shall
fail to comply
with or commit any breach of the provisions of dart I of this Ordinance
so far as they
may, respectively be bound thereby, and any person granting or knowingly
uttering
any forged certificate, per iriit, 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.

PART II.

EMIGRATION FROM PORTS OUT OF THE COLONY.

Emigrant ship fittings.

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

Emigration
officer inay land
any emigrant
who is unwilling
to leave the port
and who has ,

been= by any ftand, d;a.
(Aid, sec, 18,7 -

Punishment fur-
impraperly
obtaizzing
emigrants.
[Ibid, see. 19.J

Punishment of
persons com-
mitting any
breach of this
Ordinance.
Clbid, sec. 21.1

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, a notice off, ~er.
[Ord. 3 of 1873,.
to that effect shall be given in writing to the emigration officer, and
such notice shall see. q.l
ORDINANCE -No. 5 OF 1874.

Chinese emigration.

be signed by the owner and master of such,0bip, or in the event of the
owner not being
resident within the Colony, by the agent and master thereof, and in case
such notice
shall not hate 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 hereinafter proscribed: Provided always that where
there shall be
no agent of an absent owner 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
a ffimigration anon shall be fitted out for the conveyance o~ Chinese
emigrants shall, within twenty-four
VW, see. 6.)
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
punishme5t hereinafter prescribed:
1'awersxnd 3. The fittings of every ship mentioned in paraf;raphs 1 gild 2
of this section shall
-duties of .
emigration be subject to the approval of the emigration officer, who is
hereby empowered, at all
officer.
°tluid, Leo. a.) reasonable times, to go on board and search and inspect
such ship and her fittings, and,
to order any fittings which shall in his Vp1111O11 be objectionable, to
be forthwith
remove,; and any person who shall iii any way impede or attempt to impede
the
emigration officer in the execution of this duty, shall be guilty u£ an
offence against this
section, and shall be liable to the punishment hereinafter prescribed.
cartcaouteof 4. No such ship shall clear out or proceed to sea, until the
master thereof shall
~ernfgratian
VOW, have received from the emigration officer a certificate in the form
contained in schedule
C:ILIct, see. 7.1 .Fl' to this Ordinance, and every such certificate shall
be liable to a stamp duty of
twenty-five. dollars.
v. All barricades and gratings apparently intended to be used, or which
are capable
of being used for the purpose of confining C11Iill?9e emigrants below
decks, or within
any particular part of a slip stall be, deemed to lie prohibited fittings
within the
meaning of this section.
'other prohibited 6, It shall be lawful for the Governor, from tine to
tiuie, by proclamation to be
fittings.,
9.1 , inserted in the Gazette to prohiLit~; the use or carriage in any
ship of an`y other
description of fittings therein specified, and every such prohibition
shall have the same
foxce or effect as if it were expressly enacted- in this section.

Seixnre and 7; All prohibited fittings wherever found within thee Colony
shall be seized and
forfeiture ..
mare°f she]] be forfeited to the Crown in manner hereinafter mentioned.
Mid, sec. 10.E .

Unlawful pos. 8. 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.
shall be guilty of an offence against this section, ,and shall be liable
to the punish-
ment hereinafter prescribed.
Taking prn- 9,. The owner, agent, or master of any ship intended for the
conveyance o-f Chinese
iiil)ited fittings
on baara, or emiga.alits to be embarked at any port or place out 6f the
Colony who shall knowingly
refasai to remove
~.tha~a, same.'
.r12.1 permit any prohibited.fittings to be taheu on board 'such ship, or
to remain therein
ORDINANCE .No. 5 of 1.374.

Chinese Enaiyrutiora:

after the same have been taken on board, or who shall refuse to remove
forthwith any
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 tl 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 o£ prohibited
fittings.

10. If any such ship shall leave or attempt to leave the waters of the
Colony
without the certificate required by paragraph-4, or shall leave or
attempt to leave the
waters of the Colon, having on board any prohibited fittings, or any
fittings which the
.emig ration officer shall have ordered to be removed, or any other
fittings of a similar kind
and description, in every such case the matter of such ship, and the
owner or agent if
proved to have sanctioned such leaving or ;attempting to leave as
aforesaid, shall be
deemed guilty of an offence against this section, and shall be liable to
tile punishment
hereinafter prescribed, and, all suc4 fittings shall be seized geld
forfeited to the Crown,
whether the same be prohibited fittings or not.

11. If any person shall.nlake or attempt to mane any fraudulent use of a
certificate Fraudulent use

of a cortiflcate.

granted under this section, or shall forge, counterfeit, alter, or erase
the whole or any trbid> sec. 14.3
part thereof, or shall use or attempt to use any spuzqous or fraudulent
certificate, tile .
person ,so offending, axed every person aiding and abetting in such
offence, shall be
liable to the punishment hereinafter prescribed.

Ship leaving
without cetaifi-
etvte or with
prohibited ,
fittings..
Clbid, see.

12. All cases of violation or disulredience of, or default in compliance
with the
provisions of this section, play be heard and determined iall1marlly by
two Magistrates
sitting ton ether, who shall constitute a Court for this purpose:
Provided that if at
the close of the investigation, the accused shall apply far a trial 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 rttnisittnents of

offences.

following punishments:- °' nbiu, see. 163

Trial of oPPences.
tlbid, see. 16.3

(a.) For every offence against par agr a,phs 1, 2, 3, 8 and 9 of this
section, a
fine not exceeding five hundred dollars, and imprisonment with or
without ha'd 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 10 and 11 of this section, a
fine
. not exceeding one thousand dollars, land imprisonment with or without
hard labor for any term not exceeding one year, or either of such
punishments, at the discretion of the Court.

Trovided always that where a fine shall be imposed for any offence
against paragraphs
10 and 11, tile Courtwlay- sentence the offender, in default of payment
of such fine, to
imprisonment with or without hard labor for any term'not exceeding one
year in lieu
,of such fine, and such imprisonment shall commence from the egpiiation
of any term
of imprisonment to which the affeClder may have been sentenced in
additiomto the fine.
'sbip and
Equipment.'
C7Lid, sec. 3.]

IS 4 41,

ORDINANCE,-Na.15 op 1874.

Chinese .F.migratian.

1'roceedinga for 14. The Supreme Court and the said Court of Magistrates
shall have full power-
forfaitnre of '
ftlfngs and authority to hear and determine all cases of seizure of
fittings and upon rproof of
Clbtcl, see, 17.1 y a ~ P
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 any powers lawfully
wutltotitiee. .
obid,sec.is.a vested in a Superintendent or Inspector of Policc. '
ohaitatlott of 16. Any suit, or prosecution againstAany person for
anything done in pursuance
ttctinri9, duC.
1100, see, t9.] or execution or intended execution of 'this section shall
be commenced within three
-months after the thing none and not otherwise.

Notice in writing of every, such shit and of the cause thereof shall be
given to the
intended defendant one month at least before the commencement thereof.
In any such action the defendant may answer that the act complained of
was.
done in pursuance, or execution, or intended egecufion 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 of sufficient amends is made
before action
brought, or if after action brought a sufficient sum of money is paid
into Court by or
on bela'alf o£ the defendant.
If judgment is given for the defendant, or the plaintiff becomes nonsuit,
or
discontinues the action after an answer has been put in, the defendant
shall recover
his full costs and shall have the like rerzaedy for the same as any
defendant has by law
for costs in other cases.

If judgment is given for the plaintiff, lie shall not have costs against
the defendant
unless the Judge before whom the trial is had certifies his approbation
of the action
I'vnsectitCot~'to 17. No proceeding shall be instituted for any offence
against the provisions of'
be by Attorney
Oe'°rar, this section, or for any forfeiture thereunder, except at the
suit or rosecution of; or~
CILid; nee. 20.E

wwitli the consent. of the Attorney General.

E` Building. '

kules as to Chinese emigrant ships.

tnterpretntion 15, In the construction of this-section, if not
inconsistent with the context, the-
ehtuse.
[Ordinance s following te>:Ins and expressions shall have the meanings
hereinafter respectively
nt 18?3, sec. 2.]
assigned to them, that is to say:-

Building `~ ,' in relation to a ship, shall include the doing any act
towards
or incidental to £he construction of a ship, and all words having
relation to
building shall be construed accordingly ;

'z=qainrlttg.' `~ Equipping, ' in relation to a shill, shall include the
furnishing a ship

with any tackle, apparel, furniture, provisions, arms, munitions, or
stores,

or any other thing which is used in or about a ship ,for the purpose of
fitting
or adopting her for the sea., and all words relating to equipping shall be
construed accordingly; -

Ship and Equipmelzt,' shall include a ship and everything in or
belonging to v ship.
ORDINANCE No. 5 of 1874.

Chinese Euaigratiora.

[2. No Chinese emigrant ship shall clear out or proceed to sea from dais
Colony unless Licences under
this section.

. the master of such ship shall be provided with a licence, under this
section. Repealed by
Ordinance No. 6 of 1879. .

3. No person shall do any o£ the acts hereinafter specified in paragraph
8 of thisluo~ e~;oi;'°''

:section, without a licence from the Governor, or unless the owner;
agent, ,or master of Uwid' sec. 4.1
the ship in respect of which such act shall be done shall have obtained
such licence.

4. Every such licence shall be under the hand of the Governor and the
public
seal of the 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 such
conditions
as may, in each particular case, be prescribed 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 emigration officer, and the ov'nev,
agent, or
master of the [Chinese emigrant: re.pealed by Ordinance No. E of 1879]
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
elnijration which

may be required of him.

6. All such particulars shall, if so ordered, be certified upon oath
before an Justice 1'»al'7''`''r'
p ~ for W rnishing

.of the Peace, and every person who shall knowingly furnish untrue
particulars shall be 'atrne
particulars.
liable to imprisonment with or without hard labor, for any period not
exceeding six ~~G'~' ~e~' ~~
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 Goveuor at any time
before the

departure of a [Chinese emigrant : repealed by Ordinance No. 6 of 1879
and new words
substituted] 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 emi3rant : repealed by
Ordinance No. 6 of
- .x879 ship and to order that the said ship be seized and detained until
the said licence
be delivered up to be cancelled, or varied.

harm and
conditions of
licence.
L16id, sec. 5J

llo<lo of
application for
licence.
ClbicG, ,sec. 6.1

8. If any person does any` of the following acts within the Colony
without having
obtained a licence from the Governor under this section, or 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 done, or in contravention of the terms of any
such licence if
gramted, that is to say:---
Via.) Builds, alters or repairs, or agrees to build, alter or repair, or
causes to
be built, altered. or repaired, any ship, with intent or knowledge, or
having reasonable cause to believe that the same will be employed in
the conveyance of Chinese emigrants to be embarked at any port or
place out of the Colony; or

rower to revoke
and cancel
licence.
[lUid, sec. B.:I

Building
repairing,
e9uiP pins
despatching,!
selling, hiring;,
&c.; &c.,yvith-
ont licence.
[Ibid, sec. 9.]
Pt =DiN ANC No. 5 'OF: 18 14.

Chinese F:rreigralion.

tThe word,'$ in (b.) Fits out, mans, .[navigates,] equips, [uses,] lets or
takes on freight or hire
itatdrs neqneateul

by Ordinance 11'x.

any.ship, [or commands, or serves ova board any ship,] with intent or
knowledge, or having reasonable cause to believe that the same will be
employed in manner aforesaid; or
(c.) :Despat£hes, or causes [or alloice] to be despatched any ship, with
intent
or knowledge, or having reasonable cause to believe that the same will
be employed in manner aforesaid; or
(cl.) [Holds or tcclces any share or interest in, or] makes any advances
of money
to any . ship, or becomes secuiity for such advances, with inteYlt 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 Chiucae 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 purpose of being conveyed therefrom as emigrants.
in the same or azV other ship; or
(f.) Being the master of [a Chinese emigrant: repealed by Ordinance No. G
of 1879
and words substituted] ship clears out and proceeds to sea in such ship,-

renalty. Such person shall be deemed to have committed an offence against
this section, ands
r
the following consequences shall ensue:--
(a.) The offender shall be liable to ilnprisonlnent with or without hard
labor -
for 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;
R
(b.) The ship in respect of which any such offence is committed and her
equipment shall, if within the waters of this Colony, be forfeited to the
Crown.

rt,n»oment or 9. Any person who aids, abets, counsels, or procures the
commission of any
accessories.
I rgl, see. 10.1 offence agcliust this section, shall be liable to be
tried i~nd punished as a principal
offender. '

Seizure, searciy 10. The Governor 111)011 being satisfied that there are
reasonable 'rounds for-
and detention of

Mid, iii r' suspecting that a ship within the waters o£ the Colony has
been, or is. being built,
altered, repaired, or equipped, or is about to be despatched and taken
out to sea
contrary to the provisions of this section, or that any 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 m;~y be seized and searched and detained until it
has been
either condemned or released by process of hiw, or in the manner
hereinafter-

me ntioned..
ORDINANCE Na..5 or I874:.

Chaniese Emigration.

11. Any officer so authorized to seize, search and detain any ship under
this
section may, for the purpose of enforcing such seizure, search and
detention, call to
his aid guy constable or officers of polka, and may apply for assistance
to any officer
of Her Majesty's Army or Navy, br Marines, or to the Harbor Master, or
any officer
hs,vim; authority by law to make seizures of ships, and may put any
persons on board
such ship to ta,lre,chvr~e of the same, and to enforce the provisions of
this section, and
any offic~.~r so authorized -,is aforesaid, may use force, if necessary,
for the purpose of

w
enforcing such seizure, search and detention, and if any person is
killed, maimed, or
hurt by reason of his resisting such officer in the execution of his-
duties, or any person
a.ctino under his orders, orat his request, such officer so seizin,
searching and detc,ining 13
the ship, or other peNou, shall be freely and fully indemnified as well
against the
Queen's Majesty, Her Heirs and Successors, as against all persons so
billed, maimed,

or hurt.

Iv`4 r

Powers of otiicora:
authorized to
seize ships.
[Ibfd, see. 12.3

12. The owner of the ship seized and detained. nnler this section, or [I
bid, sec. 14.]
his agent, Petition to Court].
may 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 agents in the Colony by a notice which may he in the form
coytained
in schedule X to this Ordinance, to appear before tue Supreme Court to
show cause
why the said ship should not be condemned and forfeited to the Crown for
breach of
the provisions of thin section, and in case there shall 1>e no owner o
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 bearing of any petition for the release
of the
A
ship, or for the appearance o£ the owners or their agents in the 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 make, such orders as may be necessary
to put the
matter of the seizure and detention of the ship in course of trial
between the owner
and the Crown. -% ` 11

The Court may, if it shall thick fit, direct a written statement or
answer or, any
additional pleading to be filed, and may, in its discretion, receive
evidence orally ox by
affidavit, or partly orally and partly by affidavit, and may determine
all questions of
fact as well as of law, or may, o 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, and generally nay
exercise the
same powers and authorities as on the trial of any oilier suit, cause, or
matter, within
its ordinary jurisdiction.
The Court may also, during or''before the said proceedings, grant
warrants for
the enterinb and searching of any ship or tenement within the
jurisdiction, and the
seizure of any pgpors or documents 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 such persons on oath touching the subject
matter of

the inquiry.

('nation of
owners.
[Ibid,;sec. 15.]

Proceedings
thereon.
[lbid, see. 16.1
ORDINANCE 'No; a'aF IR74: .

Chinese Emigration,

'Evidence of , 15. Whenever-any .person shall have been convicted before
the Supreme Court of
convxcttonre. Ctbt'44oe:lya an offence against this section, the evidence
taken upon the trial of such offender shall
Regntationeas be received in evidence in any proceedings instituted for
the forfeiture or release of
to proceedings
against the the ship in respect of which such offence shall have been
committed; but it shall not

offender and

.e.gainbt the ship, be necessary to take proceedings against an offender
because proceedings are instituted
for the forfeiture, or to tame proceedings for the forfeiture because
proceedings are
taken against the offender..

Burden of proot 16: The fact of :a ship being apparently fitted and
equipped, or in course of beinj
Clbid, see. 7$.)
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
priind facie
evidence that such ship is intended for the .conveyance of Chinese
emigrants to be
embarked at some port or place out of the Colot3T.
.Release of ship 17. If nn the hearing of the said proceedings for the
forfeiture or release of a ship
by -the Court.
Card. 6 of 1$73, seized under this section, it shall be established to the
satisfaction of the Court that
aoP%^a;,`~°ri:a the offence charged has not been committed in respect o`f
such ship against the pro-
' visionspf this section rendering such ship liable to forfeiture, the
ship shall be released
and restored to the owners thereof or their agents.

18. If on the hearing of the proceedings, it shall be established to the
satisfaction
of the Court that the offence charged bas been committed in respect of
such ship
rendering the same liable to forfeiture under this section, the Court
shall declare such
ship to be forfeited to the Cro vvn. .

19. It shall be lawful for the Court to impose such a pecuniary penalty
as to the
Court shall seem fit, in 11ALt of condemning the ship, and in such case
to cause the ship
to be detained until the penalty is paid, and to cause any penalty so
imposed to be
applied in the same manner, in wliicl.f the proceeds of the said ship, if
condemned by
order of the Court and sold, would have been allplicable.

costs. 20. The costs of all proceedings for the forfeiture or release of a
ship, shall be in
(mid, see. 21) the discretion of the Court. '

Indemnity. 21. If the Court be of opinion that there was not reasonable
and probable cause
trbia, see. 28.1 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 assessed shall be payable
by the
Treasury out of the general revenues of the Colon.
Sale of forfeited 22. Every ship forfeited to the Crown for breach of, the
provisions of this section
' ship.
JtbK see. 24.3 may be sold by public auction or private contract., and may
be transferred to the pur-
chaser by bill of sale under the hand of the Governor, and de seal of the
Colony,, and
the net proceeds of such sale shall be paid into the Volonial Treasury
for the use of the
Crown.
ORDINANCE NO; ' 5 -or' ~ 1974.

Chinese Emigration.

23. The Governor may, at any time, release any ship seized and detained
under
this section, notwithstanding her forfeiture by 'the sentence of the
Supreme Court, :on
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 tlitn.~ fit so to release the same.

.12-45

Release of ship
by Governor.
flbid, see 13.3

.

Izidemnity to
officers.

in certain eases in xespeat ~of the seizure ,or detention of a ship by
the Court, no ub=~; sec. 25.3
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 pursuance of this section.

25. No proceedings, other than the issue of a warrant for the seizure of
a ship, u~ vy Attar 83~
or for the apprehension of an offender, shall be instituted for any
offence against the LAW, see. as.3
provisions of this section, except at the suit or prosecution of, or with
the consent of

the Attorney General.

24. Subject t.~ Erie provisfions of this section providing for the award
of damages

PART III.
n
MISCELLANEOUS.

.Repealing clause.

16. The following Ordinances and sections of Ordinances are hereby
repealed :- Rep eahng clause

Ordinance ~ 9 of 1856, , .. .. . . . . ... . .. ... . .. .. . . .. . ..
Section 3

11 of 1857, ...........................
6 of 1859, ............. ,I The whole.
1 of 1862, ... ... ...... ... ... ... ... ... Section 27.
12 of 1868, ~
4 of ) 870, ... ... ... ... ... ... .. .... ...
8 of 1871, ....................... '

3 of 1$73,, ...... ...... ... .. ... ~ The whole.
5 of 1873, ...............
10 of 1873, .......... : ,

But this repeal shall not revive any enactment repealed by any of the
said Ordinances
or sections, and shall not aff,Qct:-
(a.) Anything duly done before this Ordinance comes into operation; s
(b.) Any right acquired or liability accrued before this Ordinance comes
into
operation;
. (c.) Any penalty, forfeiture, or other punishment incurred or to be
incurred
in respect of any offence committed before this Ordinance comes into
operation;
(d.) The institution of any legal proceeding, or any other remedy for
ascertaining, enforcing or recovering any such liability, penalty,
forfeiture or punishment as aforesaid.
.Chi,nese Emigration.

. Forms.

17. The forms given in the schedules hereto, or forms to the line effect
with such
variations and additions as circumstances require, may be used for the
purposes therein
indicated and `according to the directions therein contained, and
instruments in those
forms, shall (as regafds the form thereof) be valid and stfftrient.

SCH4DL LAS.~

'Form of cmigrution passaryc broker's annual bend, -2rit7r two sufcaics
to he ap2lrcied by the
. e-naigration n rcer, under section d, parugrap7r.1.
KNOW ALL MEN by these presents, that. we A* 13 of, 8;,c., G' D
of, &c., anal .E .b' of, &c., are held and- firmly bound unto lfier Most
Gracious Majesty Queen Victoria, in the sum o£ five thousand current
dollars, to be paid to Her said
Majesty, Her Heirs and Successors; to which payment voc;ll and truly to
be made we bind ourselves,
and every of us jointly and severally, our heirs, executors, anal
administrators, and the heirs, executors,
and administrators of each of us, and each and every of them, firmly by
these presents, sealed with our
seals.
Dated this clay of in the ywn, one thousand eight. hundred and
NVI-zrltl:AS by the w C7rincroc _Mnriqrreticza Consolidation Ordanansc,
1874,' it. is amongst,othcr things
enacted ;'t.hat no person whatever shall curry on the business of a
paw,-e broker in Hongl,;ong, in
respect of any emigrant ship, or shall be in anywise concerned in the
sale or letting of passages in any
such ship, unless such person, with two good and sufficient sureties
to,be approved of by the emigration
officer, shall, have previously entered into a joint and several bond to
Ber Majesty, Flee Heirs and
Successors, in the sum of five thousand current dollars: And
9ahcrcras'thc said C. D. and D: F have
been approved of by the emigration officer as sureties forlhe said rt. I3.
Now the condition of this obli~ation: is, -that if the above bon r:den
tl. 1,3. shall well and truly
observe and comply with all the requirements of the said recital
Ordinance, so far as the. same relate to
passage brokers;- and further, shall well and truly pay all f ncs,
forfeit arcs, and penalties,--and also all
sums of money, by way of subsistence money, or of return passage mcney,
and compensation to any
passenger, or on his account,-and also all costs which the above-bounclen
A. 13. may at any time be
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 l9tli Victoria, cap. 104,
intitulecl 11 An Act for the regulation
(If Chinese Passenger Niigrc,; ' then, and in such ease, this obligation
to be void? otherwise to remain
in full force.
Signed, sealed, ancl delivered, by the ahoy e-hounden A. I3., C. D., and
E. R, in the presence of. t
A .,
*Insert personal and family names in full, with the occupation and
address of each of the parties. '

fi Insert the names and addresses in full of the witnesses.

Forou, of c2ir;igra4ionpassa.cye broker's licence, under action G, parqa.
2.
A. .13. of* having shown to the satisfaction of me, the. Undersigned, that
he bath given
bond to Her Majesty , as by the ' Clr incse .Emigration Coxrsolirluticn
Ordinance, 1874,' required: I,
the undersigned, do hereby license and authorize the said .rl. .B. to
carry on the business of a passage
broker in Hongkong, in respect of passengers on board emigrant 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 tire said A. B. as in the
aforesaid Ordinance is provided.
Given under my hand and teal this day of one thousand eight hundred and
Signature, (L.S.)
Emigration Offleer.

~ The personal and family names in full of the persen.arr)y irg for
thealicence, with his adc;ress and trace or occupation
most be correctly inserted.
ORDI ANCE \'p. .5 pop 18 t 4.

.Chinese Entigration.

For»a cf lVotiee to be given to the emigration ofreer of fazfe pyre of cr
lieencc; render
a section G, paragraph 2.
Six,-This is to give you notice, that the licence granted on the day of
187 , to A. B. of * to act as an emigration passage broker, jVas on
the clay of

Peace to be forfeited.t

now last past duly declared by me (or us), the undersi,-ned Ju%tice (or
Justices) of the

Signatures, a
Place and date 187 . ''

1'o the KATIGRA~MON OFFICER,

Victoria, Iloizgkong.

~ The personal and family names in fall, xvtth the address a:ul trade or
ocrugatiun of the party, to be here inserted.
t tle: a state severally the reasons of forfeiture.

F'oroz of contract passage ticket, under section 6, paragral)h, 5.

I hereby engage that the Chinese named at foot hereof shall be provided
with a passage to., vncl
r;laall be landed at, the port of in ~' , in the ship or v essel called
the ' ,''
with not less than 72 cubic feet and 12 superficial feet for berth
accommoMation (or in casc;.,of slips
order section 8, 51: cubic feet and 9 superficial feet), and shall be
victuallecl according to schedule
ri to 11 The .Chinese Passengers' Act, 1855,' annexed, during the voyage,
and the term of detention at
any place before its determination, for the sum of dollars, aml I hereby
acknowledge to have
received the sum of dollars in dull payment.

Name and Surname of
Passenger.

Female.

----- Occu',Ss,t.ion.

Age.

ative Place, Village
and District.

Signature,

Passage B9.0her.

Victoria, Hongkong, the 1. day of 187

I hereby certify, that I have ep laincd and registered the above contract
passage ticket.

Signature,

Victoria, Hongkong, the day of 187

L'mi.grrztion 0ffccr.

.Regulations rrfcrred to zl!paragraph 7 of suction s respecting
C'hinesc2?assengcr s7aips.

1. No ship shall clear out a- proceed to sea unless the master thereof
shall have received from an. W R2,1,; v, ae,>~rr
without c~itsacat
emigration officer a copy of these. regulatiqns and 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 11 The . a

Chinese Passengers' Act,185b.'
.-O-rDINANCEr i~'o: a op X874.

Chinese Emigration.

2. No emigration officer shall be bound to give such certificate till
seven days after receiving an
application in writing for the same from the owners or charterers of the
ship, or if absent, from their
resbectivG agents, specifying the name of the ship, her tonnage, the port
of destination, the proposed
day of departure, the number of passengers intended to be carried, and
whether such passengers or any
o£ them are under contracts o£ service. ,

3. After receiving ~ucll, application, the emigration officer and any
person authorized by him in
that behalf shah,, be at liberty at all times to enter and inspect the
ship, and the fittings, provisions and.
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 one hundre' 1 dollars for each
offence.

4. The following conditions as to the accommodation of passengers shall
be observed to the-
,, of the emigration officer:-

1. The space appropriated to the passengers between decks shall be
properly ventilated, and,
shall contain at the least 9 superficial and 51 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 passengers
between the ages of one and twelve years. The height between decks shall
beat least six
feet.

?. The accommodation for female passengers between decks shall be
separate from that:
provided for male passengers.

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

~1. A reasonable space shall be set, apart properly divided and fitted up
as a= sick bay, and
sufficient latrines, both as to condition and number, shall be provided
in suitable parts of
the ship.

5. The emigration officer may, in his discretion, pcrxnit deck passengers
to be carried, upon such,
conditions, as may, from time to gme, 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. A s(?.itable awning with screens shall be provided on deck, sufficient
for the protection of the
passengers from the sun and from rain.

?. The space appropriated td such deck passengers shall contain at the
least sixteen superficial
fees for 'every adult, that is to shy, for every passenger above twelve
years of age, and for
every two passengers between the ages of one and twelve.
T
;3. In case deck passengers shall be carried in addition to other
passengers for whom accom--
znodation between decks shall be provided, the space to be appropriated
for deck passengers
shall be reckoned exclusively,,)f the space of four superficial feet per
adult required to be
left clear on the upper deck for the use of such other passengers.

B. The following conditions as to provisions shall be observed to the
satisfaction of the emigration
>fficer :-

1. Provisions, feel =d water shall be placed on boarfof good quality,
properly packed and
sufficient for the use anti consumption of the passengers, over and above
the victuallin,%ol: the crew during the intended voyage, according to the
following scale:

For livery passenger per diem
not less than
Rice or bread stuffs, ...................... ......... ...........
tbs. 13
Dried °or salt fish, , , c, , .... : . ....

(:hincs: condmmts and curry stuff, ~ .......... oz. 1
Fresh vege-t,,-i.bles, which will keep for short zorages, such as sweet ~
mss, 13
potatoes, turnips, carrots, and pumplaAns, ......... ~
Firewood, ................... : 2
Water (to be carried in tanks or sweet casks), .... ., , gallon 1
ORDEN A~'CE \'o. ~ 5 up 1874.

Chinese ~mfgratioln.,

°.

The last preceding condition as to provisions shall be deemed to have
been complied with, Articles of feed

nuutionu8 in suulo
in any case where by the special authority of the emigration officer, any
other articles of 'Illy b' varl0d,
food shall have been substituted for the articles enumerated in. the
foregoing scale, as being; -.
equivalent thereto.

The passengers may supply their own provisions for the voyage: and proper
accommodation
for the stowage. and sufficient cabooses for the cooking of such
llrgvisions mast be allowed.

7. 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 clualit.y, quantity, or mode of
sto,Nvage, to prejudice
the health or safety of the passengers.

2. That suitable medicines and medical stores, previsions, fuel and water
have been placed on
hoard, of food quality, properly packed and sufficient in quantity to
supply the passengers
on board during the intended voyage.
3. That .111 the requirements of section 8 of this Ordinance have been
complied with.
8. The emigration officer may, in his discretion, (subject in Hongkong to
an appeal. to the Governor)
withhold his certificate in all cases where the il4ended passengers or
any of illem are under contracts
-of service, and he shall in no arise live his'~ertificate until he shall
have mustered the passengers, and
have ascertained to the best of his power tilt they understand whither
they arc going, and in. case they
shall have ma to any contracts of service that they comprehend the nature
thereof; he shall also take
care that a copy of the form of any such contracts, oX an abstract of
their substance, signed by himself,
is appended to the said certificate: if any of the passengers are in bad
health, or insufficiently provided.
with clothing, or if any such contracts are unfair, ox if there is reason
to :atspec;t that fraud or `~iolellcc
have been practised in their collection or eml>a rcation, he may detain
the ship, and, if he shall think fit,

may order all or any of the passengers to be re-landed.

9. The emigration officer may, if he shall think fit, before granting his
certificate, employ any dilly
qualified medical practitioner, master mariner, marine surveyor, or other
person whose professional
. assistance and advice he may require for the purpose of ascertaining
whether the acquirements of section
$ of this Ordinance have been duly complied with, anti the costs and
,~llarges of obtaining such assistance
and advice, shall be defrayed by the owners or charterers o£ tile ship,
whether the emigration officer

a:hall grant his certificate or not.

10. The emigration officer shall, from time to time, fig: .t reasonable
scale of fees and charges to be
..;l.l>proved by one of Her Majesty's Principal Secretaries of State, for
the remuneration. of any professional.
persons who may be employed by him under the last preceding regulation,
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.

11. The owners or charterers of every ship Aall pay such fees for the
remuneration o£ the emigration VPe' of ewiaration
oflcer.

-officer, as may, from time to time, be ordered under instructions from
arse of Her Majesty's Principal
Secretaries of State, and until and subject to such instructions, the
following fees shall be payable iii.

. atldition.~to all fees chargeable under regulation 10 :-
. Upon the applic-Ation for a certificate, $25
Upon the granting of the certificate $25

Provided always that no fees shall bi, payable to the emigration officer
of Hongkong, but in lieu thercal-'
-the following stamp duties are hereby imposed, that is to say:-

Upon.
every application for a certificate under article 2 of the regulations
contained in schedule 13 of the said Ordinance, a stamp duty of $1
Upon every certificate granted under article 1 of the, said regulations, a

Contents of
ceW iJicato.

Power to withhold
ooalti0uco.

Examination of
p:ieRengora and of
contracts, if :say.

J.i.migrnt,ion ofNccr
may employ
medical men,
marine surveyors,
end othOrE.

r'eon of profeasionn.l
pensons employed.

And 11 The Stamp (Amendment) Ordinance, 1868,' shall be read as if the
stamp duties hereby imposed
were inseited in the schedule ther of.

12. In case default shall be lnade by the owners or charterers of the
ship in the payment o£ any
fees and charges to which they may be liab~e under section 8 of this
Ordinance, the ship may be detained
1>y the British Consul, or if in Hongkong by the Governor, until such
fees and charges shall have been

;paid. I

rower to detain
ship for nqn-
lu:yment of fees.
ORDINANCE No. 5 aF 1874.

.Chinese Emigration:

rn,<e c>f %t 13. The emigration officer may withold his certificate or
revoke the same at any time before the
t~dr~drslnnr~r s31tf
lusty td aertn~t~ departure of the ship, if it shall appear to his
satisfaction that any particulars contained in the application
rout nertifteat~ '
'tt~'~P't. in writim; which shall have been made for, the same or 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, arc
' untrue, and that the conditions of section 8 of this Ordinance have not
been complied with; and i»
every such case it shall be lawful for the British Consul, or if in
Hongkong for the Governor, to seine
and detain the ship until the certificate, if already granted, shall have
been delivered up to be cancelled.
Trottttntttt tstt 14. The master of every British ship shall, during the
whole of the intended voyage, make issues of
pnHSStvgors tit wa.
. provisions, fuel and water, according to the aforeFaid 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 shn,ll be requisite, to
the best of his judgment, ancl'shall call at such ports as may be
mentioned in the emigration officer's
clearing certificate for fresh water arid other necessaries; and shall
carry the passengers without
unnecessary delay to the destination to which they have contracted to
proceed.
;nftilta~o>z «e lfi. The master of every British ship shall, within 21
hours after his arrival at the port of destination
ettrn0ott Jut Mere
trrta 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 Local
Government in that behalf. It shall. be lawful for Puch Consul or other
officer to enter and inspect such
ship, and in case the master sh:1ll obstruct or refuse to assist him in
the discharge of such duty, or shall
withoidreasonable cause fail to produce his emigration papers as
aforesaid, he shall be liable to a fine
of five hundred dollars, ;end the shill may be detained by the British
Consul, or if in Her Majesty's
dominions, by the Local Government, until such fine shall have been paid
and the emigration papers.
shall have been given up.
'It Canent 18. In all ports and places where no emigration officer shall
have been appointed, the British Consul
`wi;,..'nn°o t~tt>
vm~t t~ shall, until such appointment, and at all times pending the
vacancy of such office, be deemed to be tbe~
tea. emigration officer for the purposes of these regulations. ,
Under section 8, paragral)h 2.
FOR STEAMERS
` Whose steam power sh%ll be sufficient without the aid of sails to propel
them at the
rate of five statute miles in 'she hour.
Voyages from Hongkong, Swatow, Amoy, Foochow-, Ningpo, Shanghai, and any
port in Formosa,-
to-
Calcutta. n
Labuan.
Pegu. Sarawak. -.
Sumatra. . ° Manila.
Java. Bangkok.
The Straits` Settlementfi. Japan.

FOR SAILING VESSELS
Voyages from, Hongkong, Swatow, Amoy, Foochow, Ningpo, Shanghai, and auy.
port in Formosa,.
to-

From October to starch, both inclusive. Froxri April to September,. both
inclusive.
Sumatra. Labuan.-
Java Manila. ,
The Straits Settlements. Bangkok.
Labuan.
Manila.
Bangkok.
ORDINANCE So. 5 op 1874.

Chinese Emigration. -

(G.)

Emigration qf4cer's certificate. under section S.

I, [A. B.;, &c., emigration officer at the port of
1. That the Chinese passenger ship,

do hereby certify as follows

A. B., master, of the port of

is within the provisions of section S of an Ordinance of the Legislature
of Hongkong,
entitled 'The Chinese Emigration Consolidation Ordinance, 1874,' and that
the said
a

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 on board

- passengers [if any arc deck passengers add: of whom are
deck passengers, making in all adults, namely: men, women,
male children, female children, such children being between the
ages of one and twelve .years.
3. That the space set apart and to be kept clear for the use of such
passengers is as follows

On the upper deck superficial feet being [describe spaced and in.the
between
decks superficial feet being [describe space].

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'
accommodation between decks arc as fc.^ilows : [describe meam].

G. That suitable medicines and medical stores, provisions, fuel and water
have been placed on
board, of good quality, properly pecked and sufficient in quantity to
supply the passengers
on board during the intended voyage.

That all the conditions and requirements of the said section have been
duly complied with.
That the aforesaid passengers [or in case of a part only, state t7ac
nurrzbcrj 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 for water and fresh
vegetables.
A. B.
.1!nni-gration o tcer at the
part of
Dated the , day of
187 . .
N.B.-Where none of the passengers are emigrants under contracts of
service tlp following paragraph
shall be substituted for paragraph ?. '
11 7. That the whole of the said passengers are free passengers under no
contract of service

whatever.'

Emigration oficer'a certificate, under section 14.

I, (A.B.), emigration- officer of Hongkong, do hereby certify, that I
have inspected the fittings of
'the ship 440 ,' of which ~ is master, bound for
and that there are no prohibited or objectionable fittings on board.

mated at Hongkong, the day of

Ilovkong ~ To
to wit.

A. B.

.Form of warrant, under paragraph 10 of section 15.

Whereas it has 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,-
Chinese Emigration.

Ordinance No. 5 of 1874.

This is therefore to command you in Her Majesty's name 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 $ame in your 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
in the year of our Lord, X37

Farm of citation, under paragraph 14 of section 1.5.
IN THE SUPREME COURT OF HONGKONG.
The day of 187
In re The ' . '
Take notice that under and in pursuance of 'The Chinese Emigration
Consolidation Ordinance, 1874,'
you are hereby cited to appear before the supreme Court on 0 the day of
to show cause why the above-named ship anal 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.

day of

Governor and Commander in Chief, yc.

(Ilepealedbg Ordinance -Xo.1 of 1889.

NOTE.-For Government 11'atifrcation as to fees under clause 11 of
schedule .E, see
Gazette 22nd December, 1883. ~ .
For Government Notification cancelling the last not:ificativn and
imposing. new
flies, see Gazette 15th Alarcla, 1884.
For Government Notification as to fees under clauses 9 and 10 of scTtedule
..L', see Gazette 1 74th July, 1884.
For Government Notification, cancellivg the last notification and altering fees,
see Gazette 6th September, 1884.

1333

Title.
Preamble.
Short title.
Interpretation clause.
[18 & 19 Vic., c. 104.]

1334
[Ord. 3 of 1873, sec. 2.]
[Ibid.]
[Ibid.]
[Ibid.]
[18 & 19 Vic., c. 104.]
[Ibid.]
[Ibid.]
[Ibid.]
[Ibid.]
Definition of [short: struck out by Ord. No. 1 of 1876] voyage.
[Ord. 9 of 1856, 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.]

1335
No Chinese passenger ship to proceed to sea without a licence from the Governor.
[Ord. 4 of 1870, sec. 3.]
[For amendments see Ord. No. 1 of 1876 which was repealed by Ord. No. 3 of 1876.]
Power to exempt certain vessels from the operation of this section.
[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.]

1336
Power to revoke and cancel licence.
[Ibid, sec. 9.]
Breach of condition of licence.
Application of penalty for breach of this Ordinance recoverable under 'The Chinese Passenger's 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.]
1337
How passage broker's licences may be obtained.
[Ibid sec. 2.]
Power to Magistrates to order licences to be forfeited.
Fee to be paid for licences.
[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.]
1338
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.]
Noticej of every contract with emigrants to be given to emigration 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.]

1339
and properly 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. 5 of 1869, 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.]

1340
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.]
1341
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.]

1342
Report to emigration officer.
[Ibid, sec. 5.]
Powers and duties of emigration officer.
[Ibid, sec. 6.]
Certoficate 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.]
Unlaw possession, &c. of prohibited fittings.
[Ibid, sec. 11.]
Taking prohibited fittings on board, or refusal to remove the same.
[Ibid, sec. 12.]

1343
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.]

1344
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.'
'Ship and Equipment.'
[Ibid, sec. 3.]

1345
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. 6.]
Building repairing, equipping, despatching, selling, hiring, &c., &c., without licence.
[Ibid, sec. 9.]

1346
[The words in italics repealed by Ordinance No. 6 of 1879.]
[Do.]
[Do.]
[Do.]
Penalty.
Punishment of accessories.
[Ibid, sec. 10.]
Seizure, search, and detention of suspected ships.
[Ibid, sec. 11.]
1347
Powers of officers authorized to seize ships.
[Ibid, sec. 12.]
Petition to Court.
[Ibid, sec. 14.]
Citation of owners.
[Ibid, sec. 15.]
Proceedings thereon.
[Ibid, sec. 16.]

1348
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 by the Court.
[Ord. 5 of 1873, sec. 19, and Ord. 10 of 1873, sec. 1.]
Condemnaion of ship.
[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.]

1349
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.

1350
Forms.
1351
No ship to depart without certificate.
1352
Application for same.
Inspection of ship.
Accommodation of passengers.
Ventilation, space and height between deeds.
Male and female passengers.
Space on upper deck.
Sick bay, &c.
Deck passengers.
Awning.
Space.
Reserved space.
Provisions.
Scale.

1353
Articles of food mentioned in scale may be varied.
Passengers' own supplies.
Contents of certificate.
Power to withhold certificate.
Examination of passengers and of contracts, if any.
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.

1354
In case of false particulars, ship may be detained and certificate cancelled.
Treatment of passengers at sea.
Production of emigration papers at port of destination.
British Consul deemed emigration officer where no such officer is appointed.

1355
1356

1333

Title.
Preamble.
Short title.
Interpretation clause.
[18 & 19 Vic., c. 104.]

1334
[Ord. 3 of 1873, sec. 2.]
[Ibid.]
[Ibid.]
[Ibid.]
[18 & 19 Vic., c. 104.]
[Ibid.]
[Ibid.]
[Ibid.]
[Ibid.]
Definition of [short: struck out by Ord. No. 1 of 1876] voyage.
[Ord. 9 of 1856, 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.]

1335
No Chinese passenger ship to proceed to sea without a licence from the Governor.
[Ord. 4 of 1870, sec. 3.]
[For amendments see Ord. No. 1 of 1876 which was repealed by Ord. No. 3 of 1876.]
Power to exempt certain vessels from the operation of this section.
[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.]

1336
Power to revoke and cancel licence.
[Ibid, sec. 9.]
Breach of condition of licence.
Application of penalty for breach of this Ordinance recoverable under 'The Chinese Passenger's 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.]
1337
How passage broker's licences may be obtained.
[Ibid sec. 2.]
Power to Magistrates to order licences to be forfeited.
Fee to be paid for licences.
[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.]
1338
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.]
Noticej of every contract with emigrants to be given to emigration 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.]

1339
and properly 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. 5 of 1869, 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.]

1340
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.]
1341
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.]

1342
Report to emigration officer.
[Ibid, sec. 5.]
Powers and duties of emigration officer.
[Ibid, sec. 6.]
Certoficate 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.]
Unlaw possession, &c. of prohibited fittings.
[Ibid, sec. 11.]
Taking prohibited fittings on board, or refusal to remove the same.
[Ibid, sec. 12.]

1343
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.]

1344
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.'
'Ship and Equipment.'
[Ibid, sec. 3.]

1345
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. 6.]
Building repairing, equipping, despatching, selling, hiring, &c., &c., without licence.
[Ibid, sec. 9.]

1346
[The words in italics repealed by Ordinance No. 6 of 1879.]
[Do.]
[Do.]
[Do.]
Penalty.
Punishment of accessories.
[Ibid, sec. 10.]
Seizure, search, and detention of suspected ships.
[Ibid, sec. 11.]
1347
Powers of officers authorized to seize ships.
[Ibid, sec. 12.]
Petition to Court.
[Ibid, sec. 14.]
Citation of owners.
[Ibid, sec. 15.]
Proceedings thereon.
[Ibid, sec. 16.]

1348
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 by the Court.
[Ord. 5 of 1873, sec. 19, and Ord. 10 of 1873, sec. 1.]
Condemnaion of ship.
[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.]

1349
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.

1350
Forms.
1351
No ship to depart without certificate.
1352
Application for same.
Inspection of ship.
Accommodation of passengers.
Ventilation, space and height between deeds.
Male and female passengers.
Space on upper deck.
Sick bay, &c.
Deck passengers.
Awning.
Space.
Reserved space.
Provisions.
Scale.

1353
Articles of food mentioned in scale may be varied.
Passengers' own supplies.
Contents of certificate.
Power to withhold certificate.
Examination of passengers and of contracts, if any.
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.

1354
In case of false particulars, ship may be detained and certificate cancelled.
Treatment of passengers at sea.
Production of emigration papers at port of destination.
British Consul deemed emigration officer where no such officer is appointed.

1355
1356

https://oelawhk.lib.hku.hk/items/show/334

1890

v3

No. 5 of 1874

24