CHINESE EMIGRATION ORDINANCE, 1889
Title
CHINESE EMIGRATION ORDINANCE, 1889
Description
ORDINANCE No. 1 OF 1889.
Chinese Emigration
AN ORDINANCE to consolidate the Law relating to Chinese
Passenger Ships and the Conveyance of Chinese Emigrants.
[18th January,1889.]
BE it enacted by the Governor of Hongkong,with the advice and
consent of the Legislative Council thereof,as follows:-
Preliminary Provisions.
1.This Ordinance may be cited as the Chinese Emigration Ordinance,
1889.
2.In this Ordinance-
'Chinese Passenger Ship' includes every ship carrying from any
port in Hongkong and every British ship carrying from any port
in China,or within one hundred miles of the coast thereof,more
than twelve passengers being natives of Asia;
'Fittings' include any article capable of being used as part of the
tackle,apparel,furniture,or equipment of a ship;
'Prohibited fittings' mean any fittings prohibited by this Ordi-
nance or by a Proclamation of the Governor;
'Emigration Officer' includes 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:
'Colony' includes all Her Majesty's Possessions abroad,not being
under the Government of the Viceroy of India;
'Governor' signifies the person for the time being lawfully admin-
istering the Government of such Colony;
'British Consul' includes any person lawfully exercising consular
authority on behalf of Her Majesty in any foreign port;
'Ship' includes all sea-going vessels;
'Building,' in relating to a ship,includes the doing any act towards
or incidental to the construction of a ship,and all words having
relation to building shall be construed accordingly;
'Equipping,' in relation to a ship,includes te 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 adapting her for the sea,and all words having
relation to equipping shall be construed accordingly;
'Ship and equipment' includes a ship and everything in or be-
longing to a ship'
'Commander or master of any ship' includes any person for the
time being in command or charge of the sum;
'The Act' means the Chinese Passengers Act,1855,of the Impe-
rial Parliament.
3.Any Chinese passenger ship clearing out or proceeding to sea from
any port in this Colony,and any British Chinese passenger ship clear-
ing out and proceeding to sea from any port in this Colony,or in China,
or within a hundred miles of the coast thereof,on any voyage or voyages
to any other port or ports for the purpose of commencing at or from any
such port or ports as last aforesaid a voyage of more than seven days'
duration shall be deemed to have cleared out or proceeding to sea upon
the said last-mentioned voyage from the said first-mentioned port within
the meaning of the Act.
4.A voyage of not more than thirty days' duration means and in-
cludes any voyage which,in pursuance of section 3 of the Act,is for
the time being declared to be a voyage of not more than thirty days'
duration.
PART I. REGULATIONS UNDER THE CHINESE PASSENGERS ACT,1855.
5.The owners or charterers of every Chinese passenger ship pro-
ceeding on a voyage of more than seven days' duration ,or,if absent
from the Colony,their respecive agents,shall,as soon as such ship is
laid on for the conveyance of Chinese emigrants,give notice in writing
of the fact to the Emigration Officer,specifying in such notice the
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.
6.No Chinese passenger ship shall clear out or proceed to sea on a
voyage of more than seven days' duration,and the Emigration Officer
shall not grant the certificate prescribed by section 4 of the Act,unless
the master of such ship is provided with a licence under the hand of the
Governor and the public seal of the Colony or under the hand and seal
of an Emigration Officer,to be obtained in manner hereinafter men-
tioned.
7.Whenever any Chinese passenger ship about to proceed to sea
on a voyage of more than seven days' duration,the owners or char-
terers of such ship,or,is absent form the Colony,their respective agents,
shall,before such ship is laid on for the conveyance of Chinese emigrants
and before any depot is opened for their reception,apply in writing to
the Colonial Secretary for a licence under the hand of the Governor and
the public seal of the Colony for the conveyance of such emigrants,and
shall furnish all particulars,according to the form in the First Schedule
to this Ordinance,as to the destination of the said ship and as to all other
matters relting to the intended voyage and emigration which may be
required of them.
8.Whenever any Chinese passenger ship,which is not provided with
a licence covering her intended voyage,is about to proceed with free
Chinese emigrants under no contract of service whatever from any port
in China,or within one hundred miles of the coast thereof,on a voyage
of not more than thirty days' duration,the owners or charterers of such
ship,or,if absent,their respective agents,shall,before such ship is laid
on for the conveyance of Chinese emigrants and beofre any depot is
opened for their reception,apply in writing to the Emigration Officer at
such port for a licence under his hand and seak for the conveyance of
such emigrants in the intended voyage only,and shall furnish all parti-
culars,according to the form in the First Schedule to this Ordinance,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.
9.All such particulars shall, if so ordered,be verified upon oath or
declaration before the Emigration Officer ir any Justice of the Peace,
who are hereby authorized to administer such oath ir declaration;and
every person who knowingly furnishes untrue particulars shall be liable
to imprisonment,with or without hard labour,for nay term not exceed-
ing six months and to a fine not exceeding one hundred dollars,either
in addition to or in substitution for such imprisonment.
10.The Governor may,in his discretion,grant to any vessel a general
licence for any period,or for any number of voyages,or for voyages to
and from any specified port or ports,on the condition that the vessel
provided with sich licence shall carry only free passengers under no
contract of service whatever,except as hereinafter mentioned.
11.The granting of any licence shall be in the discretion of the
Governor and shall be subject to the payment of a fee of five dollars
and to such conditions as may from time to time be prescribed under
instructions from Her Majesty's Principal Secretary of State for the
Colonies,and the Governor may impose such conditions on the grant-
inf of any licence as he may think expedient in each particular case,
provided the same are not contrary to or inconsistent with such instruc-
tions.
12.The granting of any licence under section 8 shall be in the dis-
cretion of the Emigration Officer,and shall be subject to the payment of
a fee of five dollars and to such conditions as may from time to time be
prescribed,and the Emigration Officer may impose such conditions on
the granting of the application as he may think expedient in each
particular case,provided the same are not contrary to or inconsistent
with such instructions.
13.Every licence,other than a general licence,granted under this
Ordinance in respect of any Chinese passenger ship shall specify the
period within which such ship shall clear out and proceed to sea:Pro-
vided always that it shall be lawful for the Governor or the Emigration
Officer who granted the licence from time to time to extend such period.
14.-(1.)The Governor-in-Council may,in his discretion,authorize
any person to engage any specified number of Chinese artisans,mecha-
nics,labourers,or servants for any person resident in any British pos-
session and to make contracts in writing on behalf of such resident with
the persons so engaged.
(2.)Every such contract shall be made in triplicate,and one part
shall be lodged in the office of the Emigration Officer;and such part
shall be admissible in evidence without a stamp.
(3.)Any vessel provided with a general licence may carry any persons
so engaged without thereby affecting her licence.
15.-(1.)Nothing in this Ordinance shall prevent passengers who are
natives of Asia from travelling in the first class cabin of any vessel which
is provided with a general licence,on the same terms as passengers of
other nationalities,or in the first or second class cabin,if the vessel
carries more than two classes of passengers.
(2.)Such passengers are hereby exempted form the necessity of obtain-
ing contract passage tickets or of submitting themselves to be mustered
or inspected by any Emigration Officer,or mdeical officer,or other
person.
(3.)Such passengers shall,however,be reckoned in calculating the
number of passengers,natives of Asia,who are carried by the said
vessel.
16.In case it is shown,to the satisfaction of the Governor-in-Council,
at any time before the departure of a Chinese passenger ship proceeding
on a voyage of more than seven days' duration,that the ,master,mate,or
any other officer of such ship is unfit for the proper discharge of his
duties by reason of imcompetency or misconduct or for any other suffici-
ent cause,it shall be lawful for the Governor,by order under his hand,
to direct the dismissal and removal of such master,mate,or other officer
from the said ship,and thereupon the owners or charterers thereof,or
their agents,shall forthwith dismiss and remove such master,mate,or
other officer,as the case may be,and appoint another in his place,to be
approved by the Emigration Officer,in the place of the one so dismissed
and removed as aforesaid.
17.In any of the following cases,namely,-
(1.)if it appears,to the satisfaction of the Governor or of the
Emigration Officer granting the licence,at any time before the
departure of a Chinese passenger ship,that the particulars furnish-
ed to him in relation thereto under section 7 or section 8 are
untrue or that any condition of the said licence has been violated;
or
(2.)if any Chinese passenger ship fails to clear out and proceed to
sea within to period specified in the licence or within such extend-
ed perios as aforesaid;or
(3.)if the owners or charterers of a Chinese passenger ship fails forth-
with to dismiss and remove any master,mate,or other officer
ordered to be dismissed and removed and to appoint a master,
mate,or other officer,to be approved as aforesaid,
it shall be lawful for the Governor or the Emigration Officer to revoke
the licence granted by him in respect of such Chinese passenger ship,
and to order that the said be seized and detained until her emi-
gration papers (if already granted) are delivered up to be cancelled.
18.The breach of any condition of a licence garnted under any
predeing section shall be deemed a breach of a regulation respecting
Chinese passenger ships within the meaning of section 2 of the Act.
19.It shall be lawful for the Governor-in-Council to apply the whole
or any part of the panalties recoverable under section 5 of the Act for
the non-observance or non-performance of the regulations made under
this Ordinance or the Act towards the expenses of reconveying to their
homes emigrants who had intended or were intending to proceed in any
vessel whose licence has been revoked in manner hereinbefore provided.
20.For the purposes of the special licences hereinafter mentioned,
the forms of Emigration Officer's certificate and of the master's bond
in the Second and Third Schedule to this Ordinance shall be substi-
tuted for the forms respectively contained in Schedules B and C annexed
to the Act.
21.-(1.)The Governor may,in his discretion,and on payment of a
fee of five dollars,grant a special licence for any period not exceeding
twelve months,or for any number of voyages to be performed within
twelve months,to any steamer which is regularly employed in the con-
veyance of public mails under an existing contract with the Government
of the State or Colony for which such mails are carried,or to any other
steamer which is approved by the Governor as a first class steamer.
(2.)Such special licence shall authorize the steamer named therein to
carry a limited numnber of free Chinese passengers on voyages of not
more than thirty days' duration between ports to be specified in the
licence,under and subject to the regulations contained in the Fourth
Schedule to this Ordinance.
(3.)The number of passengers to be carried shall be inserted in the
licence,and shall in no case exceed one passenger for every ten tons of
the registered tonnage of such steamer.
22.The Governor may,if he thinks fit,annex any special vonditions
to the granting of any special licence applied for under this Ordinance,
and may cause such special conditions to be specified in the licence:
Provided that the same shall not be contrary to or inconsistent with the
Act or with this Ordinance.
23.A special licence granted under this Ordinance may at any time
be cancelled by the Governor in his discretion.
24.Every steamer to which a special licence is granted under this
Ordinance shall,during the continuance of such licence,be relieved from
the regulations contained in the Ninth Schedule to this Ordinance,but
nothing herein contained shall be deemed to relieve such steamer from
the operation of any part of the Act,except the regulations contained
in the said Schedule A thereto.
25.The breach of any regulation contained in the Fourth Schedule
to this Ordinance,or of any condition of a special licence,shall be
deemed to be a breach of a regulation respecting Chinese passenger ships
within the meaning of the Act.
26.Every person who impedes the Emigration Officer in the execu-
tion or performance of any of the powers or duties vested in or imposed
upon him by this Ordinance,or any regulation thereunder,shall,on
summary conviction,be liable to a penalty not exceeding five hundred
dollars for each offence,for which no other punishment is provided.
Emigration Passage Brokers.
27.-(1.)No person shall act as a passenger broker or in procuring
passengers for,or in the sale or letting of passages in,any Chinese pas-
senger ship proceeding on a voyage of more than seven days' duration
unless he has,with two sufficient sureties,to be approved by the Emi-
gration Officer,entered into a joint and several bond in the sum of five
thousand dollars to Her Majesty,her heirs and successors,according to
the form in the Fifty Schedule to this Ordinance,which bond shall be
renewed on each occasion of obtaining such licence as hereinafter men-
tioned,and shall be deposited with the Emigration Officer;nor unless
such person has obtained a licence to let or sell passages;nor unless
such licence is then in force.
(2.)Where different members of the same firm act as passage brokers,
each person so acting shall comply with the terms of this section.
28.Any person wishing to obtain a licence to act as a passage broker
shall make application for the same to the Emigration Officer,and the
Emigration Officer is hereby authorized,if he thinks fit,to grant such
licence,according to the form in the Sixth Schedule to this Ordinance;
Provided always that no such licence shall be granted unless such bond
as is mentioned in the last preceding section has been first entered into;
Provided,also,that any Magistrate who adjudicates on any offence com-
mitted by such broker against this Ordinance 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,in the form in the
Seventh Schedule to this Ordinance,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 Ordinance.
29.Every person obtaining such licence as aforesaid shall pay to the
Emigraiton Officer a fee of two hundred dollars,which fee the Emigra-
tion Officer is hereby empowered and required to demand and receive
on the issuing of any such licence;and th eEmigration Officer shall pay
all such fees into the Colonial Treasury,to the use of the Crown.
30.Such licence shall continue in force until the thirty-first day of
December in the year in which such licence is granted,and for fourteen
days afterwards,unless sooner forfeited as hereinbefore mentioned.
31.-(1.)Every poassage broker who receives money from any person
for or in respect of a passage in any Chinese passenger ship shall give
to such person a contract ticket,under the land of such passage broker
and stamped with his seal or trade mark.
(2.)Each ticket shall be printed in a plain and legible type,accord-
ing to the form in the Eighth Schedule to this Ordinance,and shall be
accompanied with a translation thereof in the Chinese language,in plain
and legible characters.
32.Every such passage broker,before he receives or takes any money
on account of any such passage or for the sale or letting of the whole or
any part of the accommodation of or in any Chinese passenger ship
proceeding from this Colony,shall produce to the Emigration Officer
the certificate for the master or owner of the ship in respect of which such
passage has been taken or the accommodation in which has been so sold
or let,to the effect that such ship has been chartered for the purpose
of carrying emigrants,and that such passage broker is authorized to
receive payment for such passage or for the sale or letting of the ac-
commodation in such ship;and such certificate shall be filed in the
office of the Emigration Officer.
33.On every occasion of the delivery to any passenger of such con-
tract ticket as aforesaid,the passage broker who has engaged to provide
such passenger with a passage shall,-
(1.)in the case of every made passenger under the age of sixteen
years and of every female passenger,attend with him or her at
the office of or other place appointed by the Registrar General,in
whose presence the contract ticket shall be delivered to such pas-
senger,and who shall explain to such passenger the true intent
and meaning of such contract ticket with the object of ascertain-
ing that he or she understands where he or she is going and that
he or she is not acting under compulsion or being influenced to
emigrate by false representations;and,
(2.)in the case of every other passenger,attend with him at the office
of the Emigration Officer,in whose presence the contract ticket
shall be delivered to such passenger,and who shall explain to such
passenger the true intent and meaning of such contract ticket with
the object of ascertaining that he understands where he is going
and that he is not acting under compulsion or being influenced to
emigrate by false representations.
34.No person shall fraudulently alter or cause to be altered,after it
is once issued,or shall induce any person to part with,or render useless,
or destroy,any such contract ticket,during the continuance of the con-
tract which it is intended to evidence.
35.No licensed passage broker shall,as agent for any person,whether
a licensed broker or not,receive money for or on account of the passage
of any passenger on board a Chinese passenger ship,without having a
written authority to act as such agent or,on the demand of the Emi-
gration Officer,refuse or fail to exhibit his licence and such written
authority.
36.No person shall,by any fraud,or by false representation as to
the size of the girl or otherwise,or by any false pretence whatsoever,
induce any person to engage any passage as aforesaid.
37.Every emigration passage broker who contracts with any intend-
ing emigrant for a passage in any ship shall forthwith give notice in
writing to the Emigration Officer of every such contract,specifying the
name,age,and sex of such emigrant and the name of such ship.
38.All violations or disobediences of,or defaults in compliance with,
the provisions of any of sections 27,31,32,33,and 34 shall be heard
and determined in a summary way;and on summary conviction before
a Magistrate of such offences,the respective offenders shall be sentenced
to pay the several penalties hereinafter specified:-
(1.)for every offence against section 27,a penalty not exceeding four
hundred dollars;
(2.)for every offence against section 31,a penalty not exceeding
fifty dollars;
(3.)for every offemce against section 32,a penalty not exceeding one
hundred dollars;
(4.)for every offence committed by a passage broker against section
33,a penalty not exceeding one hundred dollars;and
(5.)for every offence against section 34,a penalty not exceeding fifty
dolars.
39.Section 27 to 38,both inclusive,shall not apply where a special
licence has been granted under section 21 to nay steamer mentioned in
that section.
Hospital Accommoddation and Medical Inspection.
40.The Governor is hereby authorized to appoint,at a salary not
exceeding two thousand dollars per annum,a medical officer whose duty
is shall be to inspect intending emigrants,and to supervise all matters
and things in any way relating to the comfort and well-being of such
emigrants before their departure and on their voyage,and such salary
shall be in lieu of all fees.
41.-(1.)In every Chinese passenger ship,except ships about to
proceed on a voyage of not more than thirty days' duration within the
meaning of section 47,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 passengers;and
the said space shall be either under the poop,or in the round-house,or
in any deck-house which is properly built and secured to the satisfaction
of such Emigration Officer,or on the upper passenger deck,and not
elsewhere,and shall in no case be of less dimansions than eighteen clear
superficial feet for every fifty passengers whom the ship carries.
(2.)Every such hospital shall be fitted with bed places and suplied
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.
(3.)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.
42.-(1.)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 has certified to the Emigration Officer ,and
the Emigration Officer shall not grant his certificate unless he is satisfied,
that none of the passengers or crew appear,by reason of any bodily or
mental disease,unfit to proceed or likely to endanger the health or
safety of other persons about to proceed in such ship.
(2.)A medical inspector of the passengers for the purposes of giving
such certificate shall take place either on board the ship,or ,at the
discretion of the Emigration Officer,at such time and on shore,before
embarkation,as he may appoint.
(3.)The master,owner,or charterer of the ship shall pay to the
Emigration Officer a sum at the rate of twenty-five dollars for every
hundred persons so examined,and the Emigration Officer shall pay the
same into the Colonial Treasury,to the use of the Crown.
43.The medical inspection of emigrants under contracts of service
shall eake place on shore before embarkation as well as on board the
ship after embarkation,and the Emigration Officer shall not grant
the certicate required by the Act unless he is satisfied that such double
inspection has been duly made or has been dispensed with by the sane-
tion of the Governor.
44.It shall not be lawful for any emigrant under contract of service
to embark in any Chinese passenger ship,or for the master or other
person on board of a Chinese passenger ship to permit any such emigrant
to embark therein,unless such emigrant produces an embarkation
permit from the Emigration Officer,who shall not grant the same unless
he is satisfied that such emgrant has undergone on shore the medical
inspection required by law to be made before embarkation.
45.The medical inspection of emigrants required to be made after
their embarkation in any Chinese passenger ship shall take place at such
time as the Emigration Officer may appoint.
46.Any Chinese medical practitioner,properly qualified to the
satisfaction of the Colonial Surgeon,shall be eligible,with the approval
of the Governor,for the officer of a Chinese passenger ship
for the purposes of the Act or of his Ordinance.
Regulations for Voyages of not nore than Thirty Days' Duration.
47.All ships clearing out or proceeding to sea on voyages of not
more than thirty days' duration shall be subject to the modified regula-
tions contained in the Ninth Schedule to this Ordinance,which as regards
such ships shall be substituted for those contained in Schedule A of the
Act,but nothing in this section shall be deemed to relieve Chinese
passenger ships from the operation of the Act,except so far as the same
is by the said Schedule expressly modified.
48The voyages specified in the Tenth Schedule to this Ordinance are
hereby declared to be voyages of not more than thirty days' duration,
subject,as regards steamers,to the conditions as to their rate of speed
and,as regrads sailing vessels,to the conditions as to the periods of the
year during which the voyage is performed,in the said Schedule
respectively expressed and contained.
49.Section 47 and 48 shall not be constructed as affecting any
Chinese passenger ship which is about to proceed to sea on a voyage of
not more than sevem days' duration.
Depots for Emigrants under Contract of Service.
50.-(1.)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 depots,to be approved of by the Emigration Officer,wherein
every intending emigrant by such may lodge as hereinafter provided.
(2.)Every such depot shall be maintained,and every emigrant
lodging therein shall be supported,at the expense of such owners or
charterers.
51.In the discretion of te Governor,every intending emigrant by
such Chinese passenger ship shall reside three clear days at least
previously to his embarkation in a depot provided by the owners or
charterers of such ship.
52.Every such depot as aforesaid shall be under the supervision of
the Emifration Officer,who may inspect the same at such times as he
may think fit,and there shall be at all times free ingress and egress
allowed to all persons to and from such depot,from 6 A.M. to 6 P.M.
53.All Orders of Her Majesty-in-Counil relating to the quantity of
water to be carried by passenger ships having a certain description of
condensing apparatus shall apply to Chinese passenger ships.
54.No Chinese passenger ship,except a vessel propelled by steam,
bound to any port westward of the Cape of Good Hope or to any port
in Australia,New Zealand,Oceania,or Tasmania shall clear from any
port in the Colony between yhe months of April and Setember inclusive.
55.-(1.)It shall be lawful for the Emigration Officer,at any time
when he is satisfied that any emigrant who is unwilling to leave the port
has been obtained by any fraud,vialence,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 awaiting a return passage.
(2.)All such expenses,with all legal costs incurred,shall be recover-
able by the Emigration Officer before any Magistrate from the emigra-
tion passage broker of the vessel in which such emigration was shipped
or intended to be shipped.
56.Every person who-
(1.)unlawfully,either by force or fraud,takes away or detains
against his will any man or boy with intend to put him on board a
Chinese passenger ship;or,
(2.)with any such intent,receives,harbours,or enters into any con-
tract for foreign service with any such man or boy,knowing the
same to have been by force or fraud taken and obtaineed as
hereinbefore mentioned.
shall be guilty of felony,and,being convicted thereof,shall be liable,at
the discretion of the Court,to imprisonment,with or without hard
labour,for any term not exceeding seven years.
57.The owners or charterers of any Chinese passenger ship,and any
emigration passage broker,and any intending emigration by a Chinese
passenger ship,and any master or other person in charge of a Chinese
passenger ship who fails to comply with or commits any breach of the
provisions of Part I,so far as they may respectively be bound thereby,
and any person granting or knowingly uttering any forged certificate,
permit,notice,or other document under this Ordinance shall,without
prejudice to any other proceeding,civil or criminal,be liable,on sum-
mary conviction before a Magistrate,to a penalty not exceeding five
hundred dollars or to imprisonment,with or without hard labour,for
any term not exceeding six months.
Emigration Boarding-houses.
58.No Chinese passenger shall,without the sanction of the Emigra-
tion Officer,be permitted to embark in this Colony (other than as a
first or second class passenger) in any Chinese passenger ship on a voy-
age of more than seven days' duration unless he has been lodged in a
boarding-house licensed under this Ordinance during a period of not less
than forty-eight hours previous to the examination by the Emigration
officer or Registrar General:Provided,nevertheless,that the provi-
sions of this section shall not apply in the case of a Chinese female when
the Registrar General certifies that he is satisfied that such lodging at a
boarding-house as aforewsaid may be dispensed with.
59.-(1.)It shall be lawful for the Registrar General to license a
sufficient number of fit and proper persons to keep boarding-houses for
Chinese emigrants or intending Chinese emigrants.
(2.)Every such licence shall be granted for such period,not exceed-
ing twelve months,and on payment of such fee,and on such terms and
conditions as may be prescribed by any by-laws to be made under the
next succeeding section.
(3.)Every boarding-house keeper licensed under this Ordinance shall
enter into a bond in the sum of one thousand dollars,with two sufficient
sureties to be approved by the Registrar General,for the due obseervance
of such terms and conditions.
60.-(1.)It shall be lawful for the Governor-in-Council to make by-
laws for the licensing,regulation,and sanitary maintenance of such
boarding-houses,and by such by-laws to require such register or other
books to be kept as he may deem expedient,with regard to Chinese
emigrants or intended emigrants.
(2.)All such by-laws,when made,shall be published in The Gazette,
and,when so published,shall be as valid and binding as if contained in
this Ordinance.
(3.)Every person who commits a breach of any by-law made under
this section shall, on summary conviction before a Magistrate,be liable
to a penalty not exceeding one hundred dollars.
61.-(1.)In the case of every Chinese male inmate of a boarding-
house under the age of sixteen years and in the case of every Chinese
female inmate of a boarding-house who has declared to the keeper of
such boarding-house his or her intention of emigration,such keeper
shall supply the Regustrar General with a return giving the number,
names,and descriptions of all such intending emigrants,the name of the
Chinese passenger ship by which they intend to proceed ,and such fur-
ther particulars concerning the said intending emigrants as the Regis-
trar General may from time to time direct.
(2.)Such return must be supplied at least twenty-four hours before
the examination by the Registrar General and shall be in such form as
he may direct.
(3.)A similar return shall be supplied by such keeper to the Emigra-
tion Officer,at the time of their examination before him,of all emi-
grants other than males under the age of sixteen years and females.
62.-(1.)The keeper of any boarding-house who knowingly furnish-
es any false or incorrect return or other particulars required by the last
preceding section or by any by-law made under that section,or who ob-
tains or attempts to obtain by fraud,intimidation,or force,the ship-
ment of any Chinese emigrant or intending emigration ,and every person
who aids or abets such keeper in so doing,shall,on summary conviction
before a Magistrate,be liable to a penalty not exceeding five hundred
dollars or to imprisonment,with or without hard labour,for a term not
exceeding one year.
(2.)Any such keeper and his sureties shall also be liable to the en-
forcement of his and their bond,and the licence of such keeper may be
suspended by the Registrar General
Photographs.
63.The keeper of every licensed boarding-house from which any
intending Chinese male emigration under the age of sixteen years or any
intending Chinese female emigration is to be shipped shall attend at the
Registrar General's Office or other place appointed for that purpose at
the examination to be held by the Reistrar General,and shall then
furnish the Registrar General with two copies of the photograph of
every such emigrant,with the names,ages and number of the said
emigrants,the name of the ship by which they are going,and the date,
entered on the back,as well as a list of such intending emigrants,setting
forth the names,sex,ages,destination,occupation,and such other par-
ticulars as may from time to time be required by the Registrar General.
64.It shall be lawful for the Registrar General to employ a certain
number of fit and respectable photographers to furnish photographs of
intending Chinese male emigrants under the age of sixteen years and of
intending Chinese female emigrants.
65.Every person who falsely and deceitfully personates,or aids and
abets in falsely and deceitfully personating,an emigrant or intending
emigration at any attendance before or examination by the Emigration
Officer or the Registrar General,required by any law or regulation for
the time being inforce relating to Chinese emigration,shall be guilty of
a misdemeanor,and shall,on summary conviction before a Magistrate,
be liable to a penalty not exceeding two hunred and fifty dollars ,or to
imprisonment,with or without hard labour,for any term not exceeding
six months,or to oath.
PART II
EMIGRATION FROM PORTS OUT OF THE COLONY.
Emigrant Ship Fittings.
66.Before beginning to fir out any ship intended to be used for the
conveyance of Chinese emigrants to be embarked at any port or place
out of the Colony,a notice to that effect shall be given in writing to the
Emigration Officer,and such notice shall be signed by the owner and
master of such ship,or,in the event of the owner not being resident
within the Colony,by the agent and master thereof;and in casr such
notice is not 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
Ordinance:Provided always that where there is no agent of an absent
owner in the Colony,the notice may be signed by the master alone.
67.The master of every ship arriving within the waters of the Colony
and which is fitted out for the conveyance of Chinese emigrations shall,
within twenty-four hours,report the same to the Emigration officer;
and in case he neglects to do so,he shall be guilty of an offence against
this Ordinance.
68.-(1.)The fitings of every ship mentioned in section 58 and 59
shall be subject to the approval of the Emigration Officer,who is hereby
empowered,at all reasonable times,to go on board and search and inspect
such ship and her fittings and to order any fittings which in his opinion
are objectionable to be forthwith removed.
(2.)Every person who in any way impedes or attempts to impede
the Emigration Officer in the execution of this duty shall be guilty of
an offence against this Ordinance.
69.-(1.)No such ship shall clear out or proceed to sea until the
master thereof has received from the Emigration Officer a certificate in
the form in the Eleventh Schedule to this Ordinance.
(2.)Every such certificate shall be liable to a stamp duty of twenty-
five dollars.
70.All barricades and gratings apparently intended to be used,or
which are capable of being used,for the purpose of confining Chinese
emigrations below decks or within any particualr part of a ship shall be
deemed to be prohibited fittings.
71.It shall be lawful for the Governor from time to time,by Pro-
clamation to be inserted in The Gazette,to prohibit the use or carriage
in any ship of any other fittings therein specified,and every such
prohibition shall have the same force and effect as if it were expressly
enacted in this Ordinance.
72.All prohibited fittings wherever found within the Colony shall
be seized and shall be forfeited to the Crown in the manner hereinafter
mentioned.
73.Every person who,without lawful excuse (the proof whereof
shall lie on him) manufactures,purchases,sells,or has in his possession
any prohibited fittings shall be guilty of an offence against this Ordinance.
74.The owner,agent,or master of any ship intended for the convey-
ance of Chinese emigrations to be embarked at any port or place out of
the Colony who knowingly permits any prohibited fittings to be taken
on board such ship or to remain therein after the same have been taken
on board,or who refuses to remove forthwith any fittings which the
Emigration Officer has ordered to be removed,shall be huilty of an offence
against this Ordinance;and,in addition to the punishment hereinafter
prescribed,all such last-mentioned fittings shall,in case of such refusal
as aforesaid,be seized and forfeited to the Crown as in the case of pro-
hibited fittings.
75.If any such ship leaves or attempts to leave the waters of the
Colony without the certificate required by section 61,or leaves or
attempts to have the waters of the Colony having on board any pro-
hibited fittings or any fittings which the Emigration Officer has ordered
to be removed or any other fittings of a similar kind and description,in
every such case the master of such ship,and the owner or agent,if he
is proved to have sanctioned such leaving or attempting to leave as
aforesaid,shall be guilty of an offence against this Ordinance;and,in
addition to the punishment hereinafter prescribed,all such fittings shall
be seized and forfeited to the Crown,whether the same are prohibited
fittings or not.
Offences,etc.
76.Every person who-
(1.)makes or attempts to make any fraudulent use of a certificate
granted under section 69;or
(2.)forges,counterfeits,alters,or erases the whole or any part there-
of;or
(3.)uses or attempts ot use any spurious or fraudulent certificate,
and every person aiding and abetting in such offence,shall be liable to
the punishment hereinafter prescribed.
77.All costs of violation or disobedience of or default in compliance
with the provisions of section 66 to 76,bith inclusive,may be heard
and determined summarily by two Magistrates,sitting together who shall
consitiute a Court for this purpose:Provided that if at the close of the
investigation,the accused person applies for a trial by jury,or the
Magistrates are of opinion that the case ought to be so tried,they may
commit the accused person for trial at the Supreme Court.
78.The following punishments shall be awarded on conviction for
any offence:-
(1.)against any of section 66,67,68,73,and 74,a penalty not
exceeding five hunred dollars and imprisonment,with or without
hard labour,for any term not exceeding six months,or either of
such punishments,in the discretion of the Court;and
(2.)against section 75 or section 76,a penalty not exceeding one
thousand dollars and improsonment,with or without hard labour,
for any term not exceeding one year,or either of such punishments,
in the discretion of the Court;
Provided always that where a penalty is imposed for any offence against
section 75 or section 76,the Court may sentence the offender,in default
of payment of such penalty,to imprisonment,with or without hard
labour,for any term not exceeding one year in lieu of such penalty,and
such imprisonment shall commence from the expiration of any term of
imprisonment to which the offender may have been sentenced in addi-
tion to the penalty.
79.The Supreme Court and the saud Court of Magistrates shall have
full power and authority to hear and determine all cases of seizure of
fittings ,and,on proof of the legality of the seizure,to declare the said
fittings to be forfeited to the Crown;and no fittings seized under this
Ordinance shall be deemed to be forfeited to the Crown,except under
the sentence of one or the other of the said Courts.
80.Nothing in this Ordinance shall be deemed to affect any powers
lawfully vested in a Superintendent or Inspector of Police.
81.-(1.)Any action or prosecution against any person for anything
done in pursuance or execution or intended execution of this Part shall
be commenced within three months after the thing done and not other-
wise.
(2.)Notice in writing of every such action and of the cause thereof
shall be given to the intended defendant one month at least before the
commencement thereof.
(3.)In any such action the defendant may answer that the act com-
plained of was done in pursuance or execution or intended execution of
this Part,and give this section and the special matter in evidence at any
trial to be had thereupon.
(4.)The plaintiff shall not recover if 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 behalf of the defendant.
(5.)If judgment is given for the defendant or the plaintiff becomes
monsuit or discontinues the action after a defence has been put in,the
defendant shall recover his costs,and shall have the like remedy for the
same as any defendant has by law for costs in other cases.
(6.)If judgment is given for the plaintiff,he shall not have costs
against the defendant,unless the Judge before whom the trial is had
certifies his approbation of the action.
82.No proceeding shall be instituted for any offence against the pro-
visions of this Part,or for any forfeiture thereunder,except at the suit
or prosecution,or with the consent,of the Attorney General.
83.It shall be lawful for the Governor,in his discretion,to grant
licenced,in manner hereinafter provided and to such persons as he thinks
fit.to do any of the acts following;that is to say-
(1.)to build,alter,or repair,or agree to build,alter,or repair,or
cause 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 emigrations to be
embarked at any port or place out of the Colony;or
(2.)to fit out,man,equip,let or make on freight or hire any ship,
with intent or knowledge,or having reasonable cause to believe,
that the same will be employed in manner aforesaid;or
(3.)to despatch or cause to be despatched any ship,with intent or
knowledge,or having reasonable cause to believe,that the same
will be employed in manneraforesaid;or
(4.)to make any advances of money to any ship,or to become secur-
ity for such advances,with intent or knowledge,or having rea-
sonable cause to believe,that the same will be employed in manner
aforesaid;or
(5.)toi despatch,or cause or allow to be despatched,or command any
ship carrying Chinese passengers,with the intent or knowledge,
or having reasonable cause to believe,that such passengers are
being carried or intended to be carried to any port or place out of
the Colony for the purpose of being conveyed therefrom as emi-
grants in the same or any other ship;or,
(6.)being the master of a ship in respect of which a licence ought to
have been obtained under any of the provisions of sub-sections
(1.)and (2.)of this section,to clear out and proceed to sea in such
ship:
Provided always that if any person does any of the above-mentioned acts
within the Colony without having obtained such licence,or without such
licence having been granted to the owner,agent,or master of the ship in
respect of which such act is done,or in contravention of the terms or con-
ditions of such licence if granted,he shall be deemed to have committed
an offence against this section,and shall be liable to imprisonment,with
or with hard labour,for any term not exceeding two years and to a
penalty not exceeding two thousand dollars,or to either of such punish-
ments,in the discretion of the Court;and 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.
84.Every person who aids,abets,counsel,or procures the commis-
sion of any offence against the last preceding section shall be liable to
be tried and punished as a principal offender.
85.Every licence required by section 83 shall be under the hand of
the Governor and the public seal of the Colony,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.
86.An application for any such licence shall be made in writing to
the Colonial Secretary and shall be transmitted through the Emigration
Officer,and the owner,agent,or master of the ship in respect of which
any such licence is applied for shall furnish all particular as to the des-
tination of the ship and as to all matters relating to the intended voyage
and emigration which may be required of him.
87.All such particulars shall,if so ordered,be certified upon oath
before any Justice of the Peace;and every person who knowingly fur-
nishes untrue particulars shall be liable to imprisonment,with or without
hard labour,for any term not exceeding six months and to a penalty
not exceeding one hundred dollars,either in addition to or in substitution
for such imprisonment.
88.If it appears to the satisfaction of the Governor,at any time be-
fore the departure of a ship in respect of which a licence is required under
section 83,-
(1.)that the particulars furnished in relation thereto are untrue;or
(2.)that further particulars have been discovered since the granting
of the licence;or
(3.)that any condition of the licence has benn violated,
it shall be lawful for the Governor-in-Council to revoke or vary such
licence and to order that the ship be seized and detained until the licence
is delivered up to be cancelled or varied.
Seizure and Forfeiture of Ship.
89.The Governor,on being satisfied that there are reasonable grounds
for suspecting that a ship within the waters of 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 section 75,or that
any other offence against the said provisions has been committed,ren-
dering the dhip liable to forfeiture,may issue a warrant in the form
in the Twelfth Schedule to this Ordinance;and upon such warrant,the
ship may be seized and searched and detained until it has been either
condemned or released by process of law or in the manner hereinafter
mentioned.
90.-(1.)Any oficer so authorized to seize,search,and detain any
ship under the last preceding section may,for the purpose of enforcing
such seizure,search,and detention,call to his aid any constable or
officer of Police,and may apply for assistance to any officer of her
Majesty's Army or Navy or Marines,or to the Harbour Master or any
officer having authority by law to make seizures of ships,and may put
any persons on board such ship to take charge of the same,and to
enforce the provisions of the said section.
(2.)Any such officer so authorized as aforesaid may use force,if
necessary,for the purpose of enforcing such seizure,search,and deten-
tion;and if any person is killed,maimed,or hurt by reason of his resist-
ing such officer in the examination of his duties or any person acting under
his orders or at his request,such officer so seizing,searching,and detain-
ing the ship,or other person,shall be freely and fully indemnified as
well against Her Majesty,her heirs and successors,as against persons
so killed,maimed,or hurt.
91.The owner of the ship so seized and detained or his agent may
apply by petition to the Supreme Court for its release.
92.-(1.)The Crown Solicitor shall,on the seizure of any ship as
aforesaid,cite the owners or their agents in the Colony by a notice,
which may be in the form in the Thirteenth Schedule to this Ordi-
nance,to appear before the Supreme Court to show cause why the ship
should not be condemned and forfeited to the Crown for breach of the
provisions of section 83 and 84.
(2.)In case there is no owner of the ship in the Colony nor any agent
of such owner,the notice shall be published twice in The Gazette,
and such publication shall be equivalent to personal service of the
citation.
93.On the day appointed for the hearing of any petition for the
release of the ship,or for the appearance of the owners of their agents
in the Colony in obedience to a citation to show cause why the same
should not be forfeited,the Court shall proceed t inquire 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.
94.The Court may,if it thinks fit,direct a writtn statement or
defence or any additional pleading to be filed,and may,in its discretion,
receive evidence orally or by affidavit or partly orally and partly by
affidavit,and may determine all questions of fact as well as of law,or
may,of its own motion or on the application of either party,direct a
jury to be empanelled for the determination of any question of fact,
and may frame issues of law and of fact,and generally may exercise
the same powers and authorities as on the trial of any action,cause,
or matter within its ordinary jurisdiction.
95.The Court may also,during or before the said proceedings,grant
warrants for the entering and searching of any ship or tenement within
the jurisdiction and the seizure of any papers or documents which may
be found therein respectively,and may summon any person to appear
before the Court and to produce any papers and documents,and may ex-
amine such persons upon oath touching the subject-matter of the inquiry.
96.Whenever any person has been convicted before the Supreme
Court of an offence against section 83 and 84,the evidence taken on
the trial of such offender shall be received in evidence in any proceed-
ings instituted for the forfeiture or release of the ship in respect of
which such offence has been committed;but it shall not be necessary to
take proceedings against an offender because proceedings are instituted
for the forfeiture,or to take proceedings for the forfeiture because pro-
ceedings are taken against the offender.
97.The fact of a ship being apparently fitted and uquipped,or in
course of being fitted and equipped,within the waters of the Colony for
the conveyance of Chinese emigrations shall,if the owner,agent,or master
has not obtained a licence from the Governor as required by section 83,
or under section 6,be prima facie evidence that such ship is intended
for the conveyance of Chinese emigrations to be embarked at some port
or place out of the Colony.
98.If,on the hearing of the said proceedings for the forfeiture or
release of a ship seized under section 89,it is established,to the satis-
faction of the Court,that the offence charged has not been committed in
respect of such ship against the provisions of section 83 rendering such
ship liable to forfeiture,the ship shall be released and resyored to the
owners thereof or their agents.
99.If,on the hearing of the said proceedings,it is established, to the
satisfaction of the Court,that the offence charged has been committed
in respect of such ship against the provisions of section 83 rendering
such ship liable to forfeiture the Court shall declare such ship to be for-
feited to the Crown.
100.It shall be lawful for the Court to ompose such a pecuniary
penalty as to the Court may seem fit in lieu of condemning the ship,
and in such case to cause the ship to be detained until the penalty has
been paid,and to cause any penalty so imposed to be applied in the
same manner in which the proceedings of the ship,if condemned by order
of the Court and sold,would have been applicable.
101.The costs of all proceedings for the forfeiture or release of a ship
shall be in the discretion of the Court.
102.(1.)If the Court is of opinion that there was not reasonable
and probable cause for the seizure or detention of a ship,and if no
such cause appears 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 demages and costs in respect of the seizure or detention,the
amount thereof to be assessed by the Court.
(2.)Any amount to assessed shall be payable out of the General
revenues of the Colony.
103.Every ship forfeited to the Crown for breach of the provisions of
section 83 may be sold by public auction or private contract ,and may
be transferred to the purchaser by bill of sale under the hand of the
Governor and the public seal of the Colony,and the net proceeds of such
sale shall be paid into the Colonial Treasury,to the use of the Crown.
104.The Governor may at any time release any ship seized and
detained under section 89,notwithstanding her forfeiture by the sentence
of the Supreme Court,ion the owner or agent giving security,to the
satisfaction of the Governor,that the ship without such security,if the
Governor thinks fit so torelease the same.
105.Subject to the provisions of section 102,providing for the award
of damages and costs in certain causes by the Court in respect of the seizure
or detention of a ship,no damages shall be payable,and no public officer
or other person acting under his order or at his request shall be respons-
ible,either civilly or crminally,in respect of the seizure or detention
of any ship in pursuance of section 89.
106.No proceedings,other than the issue of a warrant for the seizure
of a ship or for the apprehension of an offender,shall be instituted for
any offence against the provisions of section 83 and 84,except at the
suit or prosecution or with the consent fo the Attorney General.
PART III.
MISCELLANEOUS PROVISIONS.
107.Every person who,by force,intimidation,or fraud,imprisons
or detains any man or boy within the Colony,for the purpose of emigra-
tion or for any other purpose whatsoever,shall be guilty of a misde-
meanors,and,being convicted thereof,shall be liable to the punishment
hereinafter provided.
108.Every person who,by force,intimidation,or fraud,brings,leads,
takes,decoys,or entices any man or boy into or away form the Colony,
for the purpose of emigration or for any other purpose whatsoever,
shall be guilty of a misdemeanor,and,being convicted thereof,shall
be liable to the punishment hereinafter provided.
109.Every person convicted of any offence against the provisions of
section 107 or section 108 shall be liable ot imprisonment,with or with-
out hard labour,for any term not exceeding two years:Provided
always that if the case is determined by a single Magistrate,he
shall not impose a heavier sentence than one year's imprisonment,
with or without hard labour,and that,where there appears a necessity
for a heavier sentence,the case shall be determined by two Magistrates,
sitting together,or,in their discretion,committed for trial at the
Supreme Court.
110.Whenever any person is convicted,eitger summarily or before
the Supreme Court,of any offence against the provisions section 107
or section 108,if it is proved that the offender has been previously
convicted,either summarily or before the Supreme Court,of an offence
against the provisions of either of the said section,it shall be lawful
for the Court,in its discretion to direct that,in addition to the punish-
ment hereinbefore prescribed,the offender,if a male,be once,twice,or
thrice whipped.
111.If any person is found on board any passenger ship,with intent
to obtain a passage therein without the consent of the owner,charterer,
or master thereof,such person,and every person aiding and abetting
him in such fraudulent intent,shall respectively be liable to a penalty
not exceeding five hundred dollars;and such person so found on board
may be taken before any Justice of the Peace without warrant,and
such Justice may summarily hear the case,and,on proof of the offence,
convict such offender as aforesaid.
112.The forms in the Schedules to this Ordinance or forms to the like
effect,with such variations and additions as circumstances may require,
may be used for the purposes therein indicated and according to the
directions therein contained,and instruments in those forms shall (as
regards the form thereof) be valid and sufficient.
SCHEDULES.
THE FIRST SCHEDULE.
PARTICULARS REQUIRED ON APPLICATION FOR A LICENCE FOR THE
CONVEYANCE OF CHINESE EMIGRANTS.
Name of Ship,Tonnage,How propelled
Nationality of Ship
Destination of Ship
Whether it is intended that the Ship should call or sta-
tion at or near any Port or Place between Hongkong
and '
If so,at what Ports or Places
Whether it is intended that the Ship should call or sta-
tion at or near such Port or Place with the object of
taking on Board any Cargo and/or Passengers
If not,then with what object
Proposed Date of Departure from Hongkong
Name of Master
Names of Address of the Shipowners
Names of Charterers
Names of Agents
Number of Chinese Passengers to be conveyed
I,the undersigned,hereby apply for a Licence under Section 6 [or section
8,as the case may be,] of the Chinese Emigration Ordinance,1889,for
and I do solemnly swear [or declare] that the above particulars
are true.
The Surveyor's Certificate is herewith attached.
(Signed.)
Agent or Charterer of Ship
Sworn [or Declared] by the above-
named this day
of ,1
Before me,
(Signed.)
Justice of the Peace.
*If any,copy of each contract is to be attached.
Insert here the words ' months' or 'the above-mentioned voyage,' as the
case may be.
THE SECOND SCHEDULE.
FORM OF EMIGRATION OFFICER'S CERTIFICATE.
I,A.B, Emigration Officer for the Colony of Hongkong,do hereby
certify as follows:-
1.That the Chinese passenger ship ,A.B., master,is
specially licensed under the provisions of the Chinese Emigration Ordinance,
1889.
2.That the said ship is licensed to carry adults,of whom none
are to be under any contract of service whatever.
Dated this day of ,1
(Signed.)
Emigration Officer.
THE THIRD SCHEDULE.
FORM OF BOND TO BE GIVEN BY THE MASTER OF A CHINESE PASSENGER
SHIP HOLDING A SPECIAL LICENCE.
Know all men by these presents that we,A.B., of ,and C.D.,
of ,are held and firmly bound unto Our Sovereign
Lady Queen Victoria,in the sum of one thousand pounds of good and lawful
money of Great British,to be paid unto Our said Sovereign Lady the Queen,
Her Heirs and Successors;to which payment well and truly to be made we
bind ourselves and every of us jointly and severally for and in the whole,
our heirs,executors,and administrators,and every of them,firmly by these
presents,sealed with our seals.
Dated this day of ,1
Whereas by the Chinese Passengers Act,1855,it is enacted that,before
any Chinese passenger ship shall clear out or proceed to sea on a voyage of
more than seven days' computed duration,the master thereof shall,with two
sufficient sureties to be approved by an Emigration Officer,enter into a bond
to Her Majesty,Her Heirs and Successors,in the sum of one thousand
pounds:
Now the condition of this obligation is that if (in respect of the Steam-
ship whereof is master) all and every the
requirements of the said Chinese Passengers Act,1855,and of the Chinese
Emigration Ordinance,1889,and of the regulations contained in the Schedule
to the said Ordinance annexed shall be well and truly performed [in like
manner as the same ought to be observed and performed in case the said
Steamship were a British ship,and the said were a British
subject] then this obligation to be void,otherwise to remain in full force
and effect.
Signed,sealed,and delivered by the above bounden
and in the presence of
*The words within brackets to be inserted only in the case of a foreign Chinese
passenger ship.
THE FOURTH SCHEDULE.
REGULATIONS FOR LICENSED PASSENGER STEAMERS.
1.No steamer licensed under this Ordinance shall clear out or proceed to
sea until the master thereof has received from the Emigration Officer a copy
of these Regulations,and a certificate in the form contained in the Second
Schedule to the Chinese Emigration Ordinance,1889,which copy and certi-
ficate,with any documents to be attached thereto,shall be signed by the
Emigration Officer,nor until the master has,with two sufficient sureties to
be approved by the Emigration Officer,entered into a joint and several bond
in the sum of one thousand pounds to Her Majesty,her heirs and successors,
in the form contained in the Third Schedule to the Chinese Emigration Or-
dinance,1889.
2.The following conditions as to the accommodation of passengers shall
be observed:-
(1.)The following conditions as to the accommodation between decks shall be pro-
perly ventilated and shall contain at the least time superficial and fifty-
four 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 pas-
sengers between the ages of one and twelve years;the height between
decks shall be at least six feet;
(2.)the accommodation for female passengers between decks decks shall be
separate from that provided male passengers;
(3.)a space of four superficial feet per adult shall be left clear on the up-
per deck for the use of the passengers;and
(4.)a reasonable space shall be set apart as a sick bay,and sufficient
latrines,both as to condition and number,shall be provided in suitable
parts of the ship.
3.Deck passengers may be carried,at seasons allowed by law,on such
conditions as may from time to time be prescribed under instructions from
one of Her Majesty's Principal Secretaries of State,and,until and subject to
such instructions,on the conditions following:-
(1.)a suitable awning with screens shall be provided on deck,sufficient
for the protection of the passengers from the sun and from rain;
(2.)the space appropriated to such deck passengers shall contain at the
least sixteen superficial feet for every adult,that is to say,for every
passenger above twelve years of age and for every two passengers
between the ages of one and twelve years;and
(3.)in case deck passengers are carried in addition to other passengers for
whom accommodation between decks is provided,the space to be ap-
propriated for deck passengers shall be reckoned exclusively of the
space of four superficial feet per adult required to be left clear on the
upper deck for the use of such other passengers.
4.The following conditions as to provisions shall be observed:-
Provisions,fuel,and water shall be places on board,of good quality,
properly packed,and sufficient for the use and consumption of the pas-
sengers,over and above the victualling of the crew,during the intended
voyage,according to the following scale:-
For every passenger per diem not less than-
Rice or bread stuffs 1 1/3 lbs.
Dried and/or salt fish 0 1/3 do.
Chinese cindiments and curry stuff 1 oz.
Fresh vegetables,which will keep for short voyages,such
as sweet potatoes,turnips,carrots,and pumpkins 1 1/3 ibs.
Firewood 2 do.
Water,(to be carried in tanks or sweet casks) 1 gallon.
or according to a scale at keast equivalent to the foregoing.
5.-(1.)The Emigration Officer may at any time enter and inspect the
ship and the accommodation,provisions,and stores provided for the Chinese
passengers,and may require the master or any other person to produce the
licence and the ship's papers for his inspection,and,if he thinks necessary
after inspecting the ship's papers,he may muster and inspect the Chinese
passengers.
(2.)If in any such case the Emigration Officer discovers that the number
of passengers on board or intended to be carried upon that voyage exceeds
the number authorized by the licence,or that any condition of the licence or
any of these Regulations has been broken,he may detain the ship until the
passengers in excess of the legal numver are landed or until the condition
of the licence or the regulation in question is fully complied with,and he
shall forthwith report the circumstances to the Governor.
6.The master of every British ship shall,on demand,produce his emi-
gration papers to the British Consul at any port to which the licence extends,
or,in case such port in Her Majesty's Dominions,to any officer appointed
or authorized by the local Government in that behalf.
THE FIFTH SCHEDULE.
FORM OF EMIGRATION PASSAGE BROKER'S ANNUAL BOND,WITH TWO
SURETIES TO BE APPROVED BY THE EMIGRATION OFFICER.
Know all men by these presents,that we,A.B., of ,C.D., of
,and E.F., of ,are held and firmly bound into Our
Socereign Lady Queen Victoria in the sum of five thousand dollors,to be
paid to Our said Sovereign Lady the Queen,Her Heirs and Successors;to
which payment well and truly ot be made we bind ourselves,and every of us
jointly and severally,our heirs,executors and 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 day of ,1
Whereas by the Chinese Emigration Ordinance,1889,it is amongst other
things enacted that no person shall carry on the business of a passage
broker in Hongkong,in respect of any emigration in any ship,unless
such person has,with two good and sufficient sureties to be approved of by
the Emigration Officer,previously entered into a joint and several bond to Her
Majesty,Her Heirs and Successors,in the sum of five thousand dollars;and
whereas the said C.D.and E.F. have been approved of by the Emigration
Officer as sureties for the said A.B.:
Now teh condition of this obligation is that if the above-bounden A.B.
shall well and truly observe and comply with all the requirements of the said
recited Ordinance,so far as the sane relate to passage brokers,and further,
shall well and truly pay all fines,forfeitures,and penalties,and also all
sums of money,by way of subsistence money,or of return passage money,
and compensation to any passenger,or on his account,and also all costs
which the above-bounden A.B. may at any time be adjudged to pay under or
by virtue of any of the provisions of the said recited Ordinance or of the
Chinese Passengers Act,1855,of the Imperial Parliament,then and in such
case this obligation to be void,otherwise to remain in full force.
Signed,sealed,and delivered,
by the above-bounden A.B.,C.D,
and E.F.,in the presence of
*Insert personal and family names in full,with the occupation and address of such
of the partoes.
Insert the names and addresses in full of the witnesses.
THE SIXTH SCHEDULE.
FORM OF EMIGRATION PASSAGE BROKER'S LICENCE.
A.B., of having shown,to the satisfation of me,the undersigned,
that he has given bond to Her Majesty,as by the Chinese Emigration Ordi-
nance,1889,is required:I,the undersigned,so hereby license and authorize
the said A.B. ot 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 is
sooner determined by forfeiture for misconduct on the part of the said A.B.
as in the aforesaid Ordinance is provided.
Given under my hand and seak this day of ,1
(Signed.)
[L.S.]
Emigration Officer.
*The personal and family names in full of the person applying for the licence,with
his address and trade or occupation,must be correctly inserted.
THE SEVENTH SCHEDULE.
FORM OF NOTICE TO BE GIVEN TOTHE EMIGRATION OFFICER OF
THE FORFEITURE OF A LICENCE.
Hongkong,
SIR,-This is to give you notice that the licence granted on the
day of ,1 ,to A.B., of
to act as an Emigration Passage Broker,was on the day of
,1 ,duly declared by me[or us]the undersigned Justice[or
Justices] of the Peace to be forfeited.
(Signed.)
To the Emigration Officer,
Victoria,Hongkong.
*The personal and family names in full,with the address and trade or occupation
of the party,to be here inserted.
Here state severally the reasons of forfeiture.
THE EIGHTH SCHEDULE.
FORM OF CONTRACT PASSAGE TICKET.
I hereby engage that the Chinese named at foot hereof shall be provided
with a passage to,and shall be lunded at,the port of
in ,in the ship or vessel called the ' ,'
with not less than 72 cubic feet and 12 superficial feet for berth accommoda-
tion [or,in case of a ship under section 47,54 cubic feet and 9 superficial
feet],and shall be victualled according to Schedule A to the Chinese Pas-
sengers Act,1855,of the Imperial Parliament,during the voyage,and the
term of detention at any place before its determination,for the sum of
dollars,and I hereby acknowledge to have received the sum
of dollars in full payment.
Victoria,Hongkong,the day of ,1
(Signed.)
Passage Broker.
I hereby certify that I have explained and registered the above contract
passage ticket.
Victoria,Hongkong,the day of ,1
(Signed.)
Emigration Officer.
Note.-Should the above-named ship not be able to proceed on the proposed
voyage,a passage is to be provided in some other vessel licensed for the con-
veyance of Chinese passengers.
THE NINTH SCHEDULE.
REGULATIONS RESPECTING CHINESE PASSENGER SHIPS PROCEEDING
ON VOYAGES OF NOT MORE THAN THIRTY DAYS' DURATION.
1.No Chinese passenger ship shall clear out or proceed to sea on a voyage
of more than seven days' duration unless the master thereof has received from
an Emigration Officer a copy of these Regulations and a certificate in the
form in the Schedule to these Regulations,nor until the master has entered
into the bond prescribed by section 4 of the Chinese Passengers Act,1855,
of the Imperial Parliament.
2.No Emigration Officer shall be bound to give sych certificate until seven
days after receiving from the owners or charterers of the ship,or,if absent,
from their respective agents,an application in writing for the same and a
notice that the ship is laid on for the cononveyance of Chinese emigrations.
3.After receiving such application,the Emigration Officer,and any person
authorized by him in that behalf,shall 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 the same,shall be
liable to a penalty not exceeding one hundred dollars for each offence.
4.The following conditions as to the accommodation of passengers shall be
observed to the satisfaction of the Emigration Officer:-
(1.)that the ship is in a state of perfect cleanliness and if necessary has
been disinfected;
(2.)that the space appropriated to the passengers between decks is clean,
properly lighted and ventilated,and contains at the least nine super-
ficial and 54 cubic feet on the upper between decks and 18 superficial
and 126 cublic feet or space on the lower between decks 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;and that the height between decks is at least six feet;
(3.)that the accommodation for female passengers between decks is sepa-
rate from that provided for male passengers;
(4.)that a space of four superficial feet per adult is left clear on the upper
deck for the use of the passengers;and
(5.)that a reasonable space is set apart properly divided and fitted up as a
sick-bay or hospital,and that sufficient latrines,both as to condition
and number,are provided in suitable parts of the ship.
5.No part of the cargo or of the provisions,water,or stores shall be carried
on the upper deck,or on the passenger decks,unless,in the opinion of the
Emigration Officer,the same is so placed as not to impede light or ventilation
or to interfere with the comfort of the passengers nor unless the same is
stowed and secured to the satisfaction of the Emigration Officer;and the
space thereby occupied or rendered unavailable for the accommodation of the
passengers shall be deducted in calculating the space by which the number of
passengers is regulated.
6.The Emigration Officer may,in his discretion,permit deck passengers
to be carried,on such conditions as may from time to time be prescribed
under instructions from one of Her Majesty's Principal Secretaries of State,
and,until and subject to such instructions,on the conditions following:-
(1.)a suitable swning with screen shall be provided on deck,syfficient
for the protection of the passengers from the sun and from rain;
(2.)the space appropriated to such deck passengers shall contain at the
least 16 superficial feet for every adult,that is to say,for every
passenger above twelve years of age and for every two passengers
between the ages of one and twelve;and
(3.)in case deck passengers are carried in addition to other passengers
for whom accommodation between decks is provided,the space to
be appropriated for deck passengers shall be reckoned exclusively of
the space of four superficial feet per adult required to be left clear on
the upper deck for the use of such other passengers.
7.The following conditions as to provisions shall be observed,to the satis-
faction of the Emigration Officer:-
(1.)provisions,fuel,and water shall be placed on board,of good quality,
properly packed,and sufficient for the use and consumption of the pas-
sengers,over and above the victualling of the crew,during the intended
voyage,according to the following scale:-
for every passenger per diem not less than-
Rice or bread stuffs 1 1/3 lbs.
Dried and/or salt fish 0 1/3 lb.
Chinese condiments and curry stuffs 1 oz.
Fresh vegetables,which will keep for short voyages,
such as sweet potatoes,turnips,carrots,and pump-
kins } 1 1/3 lbs.
Firewood 2 do.
Water (to be carried in tanks or sweet casks) 1 gallon.
(2.)the last preceding condition as to provisions shall be deemed to have
been complied with in any case where,by the special authority of the
Emigration Officer,any other articles of food have been substituted for
the articles enumerated in the foregoing scale,as being equivalent
thereto;and
(3.)the passengers may supply their own provisions for the voyage,and
proper accommodation for the stowage and sufficient cabooses for the
cooking of such provisions must be allowed.
8.The Emigration Officer shall not give his certificate unless he is satis-
fied:-
(1.)that the ship is seaworthy,clean,and properly manned,equipped,
fitted,lighted,and ventilated,and has not on board any cargo likely,
from its quality,quantity,or mode of stowage,to prejudice the health
or safety of the passengers;
(2.)that suitable medicines and medical stores,provisions,fuel,and water
have been placed on board,of good quality,properly packed,and suffi-
cient in quantity to supply the passengers on board during the intended
voyage;
(3.)that all the requirements of the Chinese Emigration Ordinance,1889,
have been complied with;and
(4.)that the intending passengers who are males under the age of sixteen
years or females have been passed by the Registrar General.
9.The Emigration Officer may at any time enter and inspect the ship
and the accomodation,provisions,and stores provided for the Chinese pas
sengers,and may require the master or any other person to produce the
license and the ship's papers for his inspection,and,if he thinks necessary
after inspecting the ship's papers,he may muster and inspect the Chinese
passengers.
10.Where the intended passengers or any of them are under contract of
service,the Emigration Officer shall take care that a copy of the form of any
such contracts,or an abstract of their substance,signed by himself,is append-
ed to the said certificate,and in all cases if any of the passengers are in bad
health or insufficiently provided with clothing,or if there is reason to suspect
that fraud or violence has been practised in their collection or embarkation,
he may detain the ship,and,if he thinks fit,order all or any of the passengers
to be re-landed.
11.The Emigration Officer may,if he thinks fit,before granting his
certificate,employ any duly qualified medical practitiomer,master mariner,
marine surveyor,or other person whose professional assistance and advice he
may require for the purpose of ascertaining whether the requirements of the
Chinese Emigration Ordinance,1889,have been duly complied with,and the
costs and charges of obtaining such assistance and advice shall be defrayed
by the owners or charterers of the ship,whether the Emigration officer
grants his certificate or not.
12.The Emigration Officer shall from time to time fic a reasonable scale
of fees and charges,to be approved by one of her Majesty's Principal Secre-
taries of State,for the remuneration of any professional persons who may be
employed by him under the last proceeding Reguation,and,pending the appro-
val of disapproval of such scale,the fees and charges therein specified shall
be payable,as if the same had been approved in manner aforesaid.
13.The owners or charterers of every ship shall pay such fees for the
remuneration of the Emigration Officer as may,from time to time,be ordered
under instructions from one of Her Majesty's Principal Secretaries of State,
and,until and subject to such instructions,the following fees shall be payable
in addition to all fees and charges payable under the last preceding Regulation:
1.upon every application for a certificate $25:
Provided that for an Emigration Officer's certificate delivered at a second
port on the same voyage for a ship which has already received a certificate at
the first port the fee shall be only $12.50:Provided,also,always that no fees
shall be payable to the Emigration Officer of this Colony,but in lieu thereof
the following syamp duties are hereby imposed;that is to say,-
1.upon every application for a certification under Regulation 2
a stamp duty of $1
2.upon every certificate granted under Regulation 1,
a stamp duty of $1
and any Ordinance for the time being in force relating to stamps shall be
read as if the stamp duties hereby imposed were inserted in the schedule
thereof.
14.In case default is made by the owners or charterers of the ship in the
payment of any fees,costs,or charges to which they may be liable under the
Chinese Emigration Ordinance,1889,and these Regulations the ship may be
detained by the British Consul,or if in this Colonu by the Governor,until
such fees,costs and charges shall have been paid.
15.The Emigration Officer may withhold his certificate or revoke the same
at any time before the departure of the ship,if it appears,to his satisfac-
tion,that any particulars contained in the application in writing which has 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,are untrue,or that the requirements of the Chinese Emigration
Ordinance,1889,have not been complied with;and in every such case it
shall be lawful for the British Consul,or if in this Colony for the Governor,
to seize and detain the ship until the certificate,if already granted,has been
delivered up to be cancelled.
16.The master of every British Chinese passenger ship,during the
whole of the intended coyage,make issues of provisions,fuel and water,
according to the aforesaid dietary scale,to all the passengers except such as
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 necessary) to help in
working the ship;and shall,in cases where a Medical Officer is not carried,
issue medicines and material comforts,as may be requisite,to the best of his
judgement;and shall call at such ports as may be mentioned in the Emigration
Officer's clearing cerificate for fresh water and other necessaries;and shall
carry the passengers without unnecessary delay to the destination to which
they have contracted to proceed.
17.Before the arrival of any British Chinese passenger ship at the port
for which th passengers have embarked,the master shall cause the pas-
sengers to be mastered for the purpose of ascertained that there are none on
board who are not in possession of an emigration contract ticket and included
in the Emigration Officer's certificate and deteiled list of passengers;if any
such are found,it shall be the duty of the master to hand them over to the
proper authority to be dealt with according to law.
18.-(1.)The master of every British Chinese passenger ship shall,within
twenty-four hours after his arrival at the port of destination and at any port
of call,produce his emigration papers to the British Consul,if any,at such
port,or if such port is in Her Majesty's dominions,then the master of every
Chinese passenger ship shall produce the said papers to any officer appointed
or authorized by the local Government in that behalf.
(2.)It shall be lawful for such Consul or other officer tp enter and inspect
such ship,and in case the master obstructs or refuses to assist him in the
discharge of such duty,or without reasonable cause fail,to produce his emi-
gration papers as aforesaid,he shall be liable to a fine of five hundred dollars,
and the ship may be detained by the British Consul,or,if in Her Majesty's
dominions,by the local Government,untilk such fine has been paid and the
emigration papers have been given up.
19.In all ports and places where no Emigration Officer has been appointed,
the British Consul shall,until such appointment and at all times during the
vacancy of such office,be deemed to be the Emigration Officer for the pur-
poses of these Regulations.
SCHEDULE.
Form of Emigration Officer's Certificate
I,A.B., Emigration Officer at the Port of do hereby certify as
follows:-
(1.)that the Chinese passenger ship ,C.D., Master,of the port of
is within the provisions of section 47 of an ordinance of the Legislature of
Hongkong,entitled the Chinese Emigration Ordinance,1889,and that the said ship
is authorized to proceed to sea from the port of for the port of
(2.)that the ship is authorized to carry adults and that there are on board
passengers[if any are deck passengers,add:of whom are deck
passengers],making in all adults,namely, men, women,
male children,and female children,such children being between the
ages of one and twelve years;
(3.)that the ship is in a state of perfect cleanliness [and has been disinfected];
(4.)that the space set apart and to be kept clear for the use of such oassengers is as
follows:-on the upper deck superficial feet,being[describe space] and in
the between decks superficial feet,being[describe space];
(5.)that tehship is seaworthy,and properly manned,equipped,fitted,lighted,and
ventilation,and has not on board any cargo likely,from its quality,quantity,or mode
stowage,to prehudice the health or safety of the passengers.The means of venti-
lating the passengers' accomodation between decks are as follows:-[describe space];
(6.)that suitable medicines and medical stores,provisions,fuel,and water have ben
placed on board,of good quality,properly packed,and sufficient in quantity to
supply the passengers on board during the intended voyage;
(7.)that all the conditions and requirements of the said Ordinance have been duly com-
plied with;
(8.)that the aforesaid passengers[or ,in case of a part only,state the number,]are
emigrants under contracts of service,and that I have inspected the contracts between
them and their intended employers (the terms of which are annexed to this certifi-
cate) and consider them reasonable;and that no fraud appears to have been practis-
ed in collecting such emigrants;
(9.)that the intending passengers who are females or males under the age of sixteen
years have been passed by the Registrat General;and
(10.)that the master of the ship is to put into for water and fresh
vegetables.
Dated the day of ,1
(Signed.) A.B.,
Emigration Officer at the Part of
N.B.-Where none of the passengers are emigrants under contracts of service,the follow-
ing paragraph shall be substituted for paragraph 8:-
8.That whole of the said passengers are free passengers,under no contract of
service whatever.
THE TENTH SCHEDULE.
FORM OF VOYAGES OF NOT MORE THAN THIRTY DAYS' DURATION.
For Steamers.
Voyages from Hongkong,Swatow,Amoy,Foochow,Ningpo,Shanghai,
and any port on Formose to-
Calcutta, Labuan,
Pegu, Sarawak,
Sumatra, Bangkok,and
Java, Japan.
The Straits Settlements,
For Sailing Vessels.
Voyages from Hongkong,Swatow,Amoy,Foochow,Ningpo,Shanghai,
and any port in Formosa to-
From October to March,both From April to September,both
inclusive,- inclusive,-
Summatra, Labuan,
Java, Manila,and
The Straits Settlements, Bangkok.
Labuan,
Manila,and
Bangkok.
THE ELEVENTH SECHDULE.
EMIGRATION OFFICER'S CERTIFICATE.
I,A.B., Emigration Officer of Hongkong,do hereby certify that I have
inspected the fittings of the ship ,of which
is master,bound for ,and that there are no prohibited or
objectionable fittings on board.
Dated at Hongkong,the day of ,1
(Signed.)
A.B.
THE TWELFTH SCHEDULE.
FORM OF WARRANT.
Hongkong
to wit}
To
Whereas it has been made to appear,to my satisfaction,that there are
reasonable grounds for suspecting that an offence has been committed against
the provisions of section of the Chinese Emigration Ordinance ,1889,in
respect of the ship ,now lying in the waters of this Colony,
rendering the said ship liable to forfeiture:
This is,therefore,to command you,in Her Majesty's name,forthwith to
seize the said ship wherever she may be lying within the waters of this Col-
ony,and to search the said ship and her equipment,and to detain the same 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 public seal of the Colony,this day
of ,1
(Signed.)
[L.S.]
Governor and Commander-in-Chief,&c.
THE THIRTEENTH SCHEDULE.
FORM OF CITATION.
IN THE SUPREME COURT OF HONGKONG.
The day of ,1
In re the
Take notice that,under and in pursuance of the Chinese Emigration Ordi-
nance,1889,you are hereby cited to appear before the Supreme Court on
day,the day of ,1 ,to show cause why the
above-named ship and her equipment should not be forfeited to the Crown
for breach of the provisions of the said Ordinance.
To the Owners of the Ship or their Agents.
A.D. 1889. Ordinance No. 1 of 1889, with Ordinances No. 25 of 1889, No. 22 of 1890, and No. 37 of 1901 incorporated. Short title. Interpretation of terms. 18 & 19 Vict.c. 104. Definition of voyage. Definition of voyage of 30 days. Notice of ship being laid on as Chinese passenger ship to be given to Emigration Officer. Prohibition of Chinese passenger ship proceeding to sea without licence. Time and mode of application for licence in the Colony. First Schedule. Time and mode of application for for licence at port out of the Colony. First Schedule. Vertification of particulars, etc. Power to grant general licence. Conditions, etc., of licence. Conditions, etc., of Emigration Officer's licence. Licence to specify time of departure, etc. Power to authorize labourers and servants to be engaged for person in British possession. Saving of right of Asiatic passengers to travel in first or second class cabins as other nationalities. Power to remove master or other officer. Power to revoke and cancel licence in certain cases. Breach of condition of licence. Application of penalty for breach of the Ordinance recoverable under the Act. Form of Emigration Officer's certificate, and of master's bond. Second Schedule. Third Schedule. Grant of special licence to mail or first class steamer, subject to certain regulations. Fourth Schedule. Power to annex special conditions to grant of licence. Cancellation of special licence. Specially licensed steamer relieved from other regulations. Night Schedule. Breach of regulation or condition. Penalty for impeding Emigration Officer. Prohibition of person acting as passage broker without having entered into bond and obtained licence. Fifth Schedule. Mode of obtaining passage broker's licence, and forfeiture thereof. Sixth Schedule. Seventh Schedule. Fee to be paid for licence. Duration of licence. Giving of contract ticket for passage. Eighth Schedule. Production to Emigration Officer of certificate of chartering ship for carrying emigrants. Attendance before Registrar General or Officer for purpose of delivering contract tickets to passengers. Prohibition of alteration of contract ticket. Authority of passage broker to act as agent, etc. Misrepresentation as to size of ship. Giving of notice of contract with emigrant to Emigration Officer. Penalties for offences. Exclusion of ss. 27-38 where special licence granted to steamer. Appointment of medical officer. Requirements as to hospital accommodation. Medical examination before sailing. Medical inspection of emigrants under contract of service. No emigrant. under contract of service to embark or be received on board without permit. Time for medical inspection after embarkation. Right of Chinese medical practitioner to be surgeon of Chinese passenger ship. Modified regulations for voyage of not more than thirty days' duration Ninth Schedule. Specification of voyages of not more than thirty days' duration. Tenth Schedule. Saving as to voyages of not more than seven days' duration. Provision of depots for lodging of emigrants under contract of service. Emigrant to reside in depot three clear days before embarkation. Supervision of depots. Provision as to quantity of water to be carried. Prohibition of Chinese passenger sailing ship clearing for certain places in certain months. Power to land emigrant who is unwilling to leave port and who had been procured by fraud, etc. Punishment for improperly obtaining emigrant. Punishment of person committing breach of Part 1, etc. Prohibition of Chinese emigrant embarking otherwise than from licensed boarding-house. Licensing of boarding-houses. Power to make by-laws for boarding-houses. Furnishing return of particulars of emigrants before embarkation. Penalty for furnishing false return fraudulent shipment, etc. Furnishing photographs of certain Chinese emigrants. Employment of photographers. Punishment for personation of emigrant. Notice of Emigration Officer of intended fitting out of emigrant ship. Report to Emigration Officer of arrival of emigrant ship. Powers and duties of Emigration Officer as to fittings. Certificate of Emigration Officer. Eleventh Schedule. Prohibition of barricades and gratings. Other prohibited fittings. Seizure and forfeiture of prohibited fittings. Unlawful manufacture, etc., of prohibited fittings. Taking prohibited fittings on board, or refusal to remove the same. Case of ship leaving without certificate or with prohibited fittings. Fraudulent use of certificate as to fittings. Trial of offences. Punishments of offences. Proceedings for forfeiture of fittings. Saving of powers of Police. Protection of person acting under Part II. Prosecution to be by Attorney General. Punishment for building, etc., emigrant ship without licence. Punishment of accessory. Form and conditions of licence. Mode of application for licence. Punishment for furnishing untrue particulars. Power to revoke and cancel licence. Seizure, search, and detention of suspected ship. Twelfth Schedule. Powers of officer authorized to seize etc., ship. Petition to the Court by owner of ship seized. Citation of owners of ship seized. Thirteenth Schedule. Proceedings on petition or citation. Pleading and issues. Granting of warrant to search ship, etc. Evidence of conviction in proceeding for forfeiture, etc. Presumptive evidence of character of ship. Release of ship by the Court. Condemnation of ship. Imposition of penalty in lien of forfeiture. Costs of proceedings. Indemnity to owner ship. Sale of forfeited ship. Release of ship by Governor. Indemnity to officer seizing or detaining ship. Prosecution to be by Attorney General. Unlawful imprisonment or detention. Decoying person into or away from the Colony. Punishment for offences. Punishment of whipping on second and subsequent convictions. Penalty on stowaway. 18 & 19 Vict.c. 104 s. 18. Use of forms. Schedules. Section 112. Sections 7 & 8. Section 20. Section 20. Section 21. Prohibition of licensed steamer clearing out without regulations, etc. See Imperial Act, see. 4. Accommodation of passengers. Conditions as to carriage of deck passengers. Conditions as to provisions. Powers of Emigration Officer. Production of emigration papers at port of destination. Section 27. Section 28. Section 28. Section 31. Section 24 & 47. Prohibition of ship departing without certificate. Application for certificate and notice. Inspection of ship. Accommodation of passengers. Stowage of cargo, provisions, etc. Conditions as to carriage of deck passengers. Conditions as to provisions. Condition precedent to grant of certificate. Powers of Emigration Officer. Contract or abstract to be appended to certificate. Power to employ medical men, marine surveyors, and others. Fees of professional person employed. Fees of Emigration Officer. See Ordinance No. 16 of 1901. Power to detain ship for non-payment of fees, etc. Withholding of certificate, etc., in case of false particulars furnished. Treatment of passengers at sea. Mustering of passengers by master. Production of emigration papers at port of destination. British Consul deemed Emigration Officer where no such Officer is appointed. Regulation No. 1. Section 48. Section 69. Section 89. Section 92.
Chinese Emigration
AN ORDINANCE to consolidate the Law relating to Chinese
Passenger Ships and the Conveyance of Chinese Emigrants.
[18th January,1889.]
BE it enacted by the Governor of Hongkong,with the advice and
consent of the Legislative Council thereof,as follows:-
Preliminary Provisions.
1.This Ordinance may be cited as the Chinese Emigration Ordinance,
1889.
2.In this Ordinance-
'Chinese Passenger Ship' includes every ship carrying from any
port in Hongkong and every British ship carrying from any port
in China,or within one hundred miles of the coast thereof,more
than twelve passengers being natives of Asia;
'Fittings' include any article capable of being used as part of the
tackle,apparel,furniture,or equipment of a ship;
'Prohibited fittings' mean any fittings prohibited by this Ordi-
nance or by a Proclamation of the Governor;
'Emigration Officer' includes 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:
'Colony' includes all Her Majesty's Possessions abroad,not being
under the Government of the Viceroy of India;
'Governor' signifies the person for the time being lawfully admin-
istering the Government of such Colony;
'British Consul' includes any person lawfully exercising consular
authority on behalf of Her Majesty in any foreign port;
'Ship' includes all sea-going vessels;
'Building,' in relating to a ship,includes the doing any act towards
or incidental to the construction of a ship,and all words having
relation to building shall be construed accordingly;
'Equipping,' in relation to a ship,includes te 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 adapting her for the sea,and all words having
relation to equipping shall be construed accordingly;
'Ship and equipment' includes a ship and everything in or be-
longing to a ship'
'Commander or master of any ship' includes any person for the
time being in command or charge of the sum;
'The Act' means the Chinese Passengers Act,1855,of the Impe-
rial Parliament.
3.Any Chinese passenger ship clearing out or proceeding to sea from
any port in this Colony,and any British Chinese passenger ship clear-
ing out and proceeding to sea from any port in this Colony,or in China,
or within a hundred miles of the coast thereof,on any voyage or voyages
to any other port or ports for the purpose of commencing at or from any
such port or ports as last aforesaid a voyage of more than seven days'
duration shall be deemed to have cleared out or proceeding to sea upon
the said last-mentioned voyage from the said first-mentioned port within
the meaning of the Act.
4.A voyage of not more than thirty days' duration means and in-
cludes any voyage which,in pursuance of section 3 of the Act,is for
the time being declared to be a voyage of not more than thirty days'
duration.
PART I. REGULATIONS UNDER THE CHINESE PASSENGERS ACT,1855.
5.The owners or charterers of every Chinese passenger ship pro-
ceeding on a voyage of more than seven days' duration ,or,if absent
from the Colony,their respecive agents,shall,as soon as such ship is
laid on for the conveyance of Chinese emigrants,give notice in writing
of the fact to the Emigration Officer,specifying in such notice the
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.
6.No Chinese passenger ship shall clear out or proceed to sea on a
voyage of more than seven days' duration,and the Emigration Officer
shall not grant the certificate prescribed by section 4 of the Act,unless
the master of such ship is provided with a licence under the hand of the
Governor and the public seal of the Colony or under the hand and seal
of an Emigration Officer,to be obtained in manner hereinafter men-
tioned.
7.Whenever any Chinese passenger ship about to proceed to sea
on a voyage of more than seven days' duration,the owners or char-
terers of such ship,or,is absent form the Colony,their respective agents,
shall,before such ship is laid on for the conveyance of Chinese emigrants
and before any depot is opened for their reception,apply in writing to
the Colonial Secretary for a licence under the hand of the Governor and
the public seal of the Colony for the conveyance of such emigrants,and
shall furnish all particulars,according to the form in the First Schedule
to this Ordinance,as to the destination of the said ship and as to all other
matters relting to the intended voyage and emigration which may be
required of them.
8.Whenever any Chinese passenger ship,which is not provided with
a licence covering her intended voyage,is about to proceed with free
Chinese emigrants under no contract of service whatever from any port
in China,or within one hundred miles of the coast thereof,on a voyage
of not more than thirty days' duration,the owners or charterers of such
ship,or,if absent,their respective agents,shall,before such ship is laid
on for the conveyance of Chinese emigrants and beofre any depot is
opened for their reception,apply in writing to the Emigration Officer at
such port for a licence under his hand and seak for the conveyance of
such emigrants in the intended voyage only,and shall furnish all parti-
culars,according to the form in the First Schedule to this Ordinance,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.
9.All such particulars shall, if so ordered,be verified upon oath or
declaration before the Emigration Officer ir any Justice of the Peace,
who are hereby authorized to administer such oath ir declaration;and
every person who knowingly furnishes untrue particulars shall be liable
to imprisonment,with or without hard labour,for nay term not exceed-
ing six months and to a fine not exceeding one hundred dollars,either
in addition to or in substitution for such imprisonment.
10.The Governor may,in his discretion,grant to any vessel a general
licence for any period,or for any number of voyages,or for voyages to
and from any specified port or ports,on the condition that the vessel
provided with sich licence shall carry only free passengers under no
contract of service whatever,except as hereinafter mentioned.
11.The granting of any licence shall be in the discretion of the
Governor and shall be subject to the payment of a fee of five dollars
and to such conditions as may from time to time be prescribed under
instructions from Her Majesty's Principal Secretary of State for the
Colonies,and the Governor may impose such conditions on the grant-
inf of any licence as he may think expedient in each particular case,
provided the same are not contrary to or inconsistent with such instruc-
tions.
12.The granting of any licence under section 8 shall be in the dis-
cretion of the Emigration Officer,and shall be subject to the payment of
a fee of five dollars and to such conditions as may from time to time be
prescribed,and the Emigration Officer may impose such conditions on
the granting of the application as he may think expedient in each
particular case,provided the same are not contrary to or inconsistent
with such instructions.
13.Every licence,other than a general licence,granted under this
Ordinance in respect of any Chinese passenger ship shall specify the
period within which such ship shall clear out and proceed to sea:Pro-
vided always that it shall be lawful for the Governor or the Emigration
Officer who granted the licence from time to time to extend such period.
14.-(1.)The Governor-in-Council may,in his discretion,authorize
any person to engage any specified number of Chinese artisans,mecha-
nics,labourers,or servants for any person resident in any British pos-
session and to make contracts in writing on behalf of such resident with
the persons so engaged.
(2.)Every such contract shall be made in triplicate,and one part
shall be lodged in the office of the Emigration Officer;and such part
shall be admissible in evidence without a stamp.
(3.)Any vessel provided with a general licence may carry any persons
so engaged without thereby affecting her licence.
15.-(1.)Nothing in this Ordinance shall prevent passengers who are
natives of Asia from travelling in the first class cabin of any vessel which
is provided with a general licence,on the same terms as passengers of
other nationalities,or in the first or second class cabin,if the vessel
carries more than two classes of passengers.
(2.)Such passengers are hereby exempted form the necessity of obtain-
ing contract passage tickets or of submitting themselves to be mustered
or inspected by any Emigration Officer,or mdeical officer,or other
person.
(3.)Such passengers shall,however,be reckoned in calculating the
number of passengers,natives of Asia,who are carried by the said
vessel.
16.In case it is shown,to the satisfaction of the Governor-in-Council,
at any time before the departure of a Chinese passenger ship proceeding
on a voyage of more than seven days' duration,that the ,master,mate,or
any other officer of such ship is unfit for the proper discharge of his
duties by reason of imcompetency or misconduct or for any other suffici-
ent cause,it shall be lawful for the Governor,by order under his hand,
to direct the dismissal and removal of such master,mate,or other officer
from the said ship,and thereupon the owners or charterers thereof,or
their agents,shall forthwith dismiss and remove such master,mate,or
other officer,as the case may be,and appoint another in his place,to be
approved by the Emigration Officer,in the place of the one so dismissed
and removed as aforesaid.
17.In any of the following cases,namely,-
(1.)if it appears,to the satisfaction of the Governor or of the
Emigration Officer granting the licence,at any time before the
departure of a Chinese passenger ship,that the particulars furnish-
ed to him in relation thereto under section 7 or section 8 are
untrue or that any condition of the said licence has been violated;
or
(2.)if any Chinese passenger ship fails to clear out and proceed to
sea within to period specified in the licence or within such extend-
ed perios as aforesaid;or
(3.)if the owners or charterers of a Chinese passenger ship fails forth-
with to dismiss and remove any master,mate,or other officer
ordered to be dismissed and removed and to appoint a master,
mate,or other officer,to be approved as aforesaid,
it shall be lawful for the Governor or the Emigration Officer to revoke
the licence granted by him in respect of such Chinese passenger ship,
and to order that the said be seized and detained until her emi-
gration papers (if already granted) are delivered up to be cancelled.
18.The breach of any condition of a licence garnted under any
predeing section shall be deemed a breach of a regulation respecting
Chinese passenger ships within the meaning of section 2 of the Act.
19.It shall be lawful for the Governor-in-Council to apply the whole
or any part of the panalties recoverable under section 5 of the Act for
the non-observance or non-performance of the regulations made under
this Ordinance or the Act towards the expenses of reconveying to their
homes emigrants who had intended or were intending to proceed in any
vessel whose licence has been revoked in manner hereinbefore provided.
20.For the purposes of the special licences hereinafter mentioned,
the forms of Emigration Officer's certificate and of the master's bond
in the Second and Third Schedule to this Ordinance shall be substi-
tuted for the forms respectively contained in Schedules B and C annexed
to the Act.
21.-(1.)The Governor may,in his discretion,and on payment of a
fee of five dollars,grant a special licence for any period not exceeding
twelve months,or for any number of voyages to be performed within
twelve months,to any steamer which is regularly employed in the con-
veyance of public mails under an existing contract with the Government
of the State or Colony for which such mails are carried,or to any other
steamer which is approved by the Governor as a first class steamer.
(2.)Such special licence shall authorize the steamer named therein to
carry a limited numnber of free Chinese passengers on voyages of not
more than thirty days' duration between ports to be specified in the
licence,under and subject to the regulations contained in the Fourth
Schedule to this Ordinance.
(3.)The number of passengers to be carried shall be inserted in the
licence,and shall in no case exceed one passenger for every ten tons of
the registered tonnage of such steamer.
22.The Governor may,if he thinks fit,annex any special vonditions
to the granting of any special licence applied for under this Ordinance,
and may cause such special conditions to be specified in the licence:
Provided that the same shall not be contrary to or inconsistent with the
Act or with this Ordinance.
23.A special licence granted under this Ordinance may at any time
be cancelled by the Governor in his discretion.
24.Every steamer to which a special licence is granted under this
Ordinance shall,during the continuance of such licence,be relieved from
the regulations contained in the Ninth Schedule to this Ordinance,but
nothing herein contained shall be deemed to relieve such steamer from
the operation of any part of the Act,except the regulations contained
in the said Schedule A thereto.
25.The breach of any regulation contained in the Fourth Schedule
to this Ordinance,or of any condition of a special licence,shall be
deemed to be a breach of a regulation respecting Chinese passenger ships
within the meaning of the Act.
26.Every person who impedes the Emigration Officer in the execu-
tion or performance of any of the powers or duties vested in or imposed
upon him by this Ordinance,or any regulation thereunder,shall,on
summary conviction,be liable to a penalty not exceeding five hundred
dollars for each offence,for which no other punishment is provided.
Emigration Passage Brokers.
27.-(1.)No person shall act as a passenger broker or in procuring
passengers for,or in the sale or letting of passages in,any Chinese pas-
senger ship proceeding on a voyage of more than seven days' duration
unless he has,with two sufficient sureties,to be approved by the Emi-
gration Officer,entered into a joint and several bond in the sum of five
thousand dollars to Her Majesty,her heirs and successors,according to
the form in the Fifty Schedule to this Ordinance,which bond shall be
renewed on each occasion of obtaining such licence as hereinafter men-
tioned,and shall be deposited with the Emigration Officer;nor unless
such person has obtained a licence to let or sell passages;nor unless
such licence is then in force.
(2.)Where different members of the same firm act as passage brokers,
each person so acting shall comply with the terms of this section.
28.Any person wishing to obtain a licence to act as a passage broker
shall make application for the same to the Emigration Officer,and the
Emigration Officer is hereby authorized,if he thinks fit,to grant such
licence,according to the form in the Sixth Schedule to this Ordinance;
Provided always that no such licence shall be granted unless such bond
as is mentioned in the last preceding section has been first entered into;
Provided,also,that any Magistrate who adjudicates on any offence com-
mitted by such broker against this Ordinance 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,in the form in the
Seventh Schedule to this Ordinance,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 Ordinance.
29.Every person obtaining such licence as aforesaid shall pay to the
Emigraiton Officer a fee of two hundred dollars,which fee the Emigra-
tion Officer is hereby empowered and required to demand and receive
on the issuing of any such licence;and th eEmigration Officer shall pay
all such fees into the Colonial Treasury,to the use of the Crown.
30.Such licence shall continue in force until the thirty-first day of
December in the year in which such licence is granted,and for fourteen
days afterwards,unless sooner forfeited as hereinbefore mentioned.
31.-(1.)Every poassage broker who receives money from any person
for or in respect of a passage in any Chinese passenger ship shall give
to such person a contract ticket,under the land of such passage broker
and stamped with his seal or trade mark.
(2.)Each ticket shall be printed in a plain and legible type,accord-
ing to the form in the Eighth Schedule to this Ordinance,and shall be
accompanied with a translation thereof in the Chinese language,in plain
and legible characters.
32.Every such passage broker,before he receives or takes any money
on account of any such passage or for the sale or letting of the whole or
any part of the accommodation of or in any Chinese passenger ship
proceeding from this Colony,shall produce to the Emigration Officer
the certificate for the master or owner of the ship in respect of which such
passage has been taken or the accommodation in which has been so sold
or let,to the effect that such ship has been chartered for the purpose
of carrying emigrants,and that such passage broker is authorized to
receive payment for such passage or for the sale or letting of the ac-
commodation in such ship;and such certificate shall be filed in the
office of the Emigration Officer.
33.On every occasion of the delivery to any passenger of such con-
tract ticket as aforesaid,the passage broker who has engaged to provide
such passenger with a passage shall,-
(1.)in the case of every made passenger under the age of sixteen
years and of every female passenger,attend with him or her at
the office of or other place appointed by the Registrar General,in
whose presence the contract ticket shall be delivered to such pas-
senger,and who shall explain to such passenger the true intent
and meaning of such contract ticket with the object of ascertain-
ing that he or she understands where he or she is going and that
he or she is not acting under compulsion or being influenced to
emigrate by false representations;and,
(2.)in the case of every other passenger,attend with him at the office
of the Emigration Officer,in whose presence the contract ticket
shall be delivered to such passenger,and who shall explain to such
passenger the true intent and meaning of such contract ticket with
the object of ascertaining that he understands where he is going
and that he is not acting under compulsion or being influenced to
emigrate by false representations.
34.No person shall fraudulently alter or cause to be altered,after it
is once issued,or shall induce any person to part with,or render useless,
or destroy,any such contract ticket,during the continuance of the con-
tract which it is intended to evidence.
35.No licensed passage broker shall,as agent for any person,whether
a licensed broker or not,receive money for or on account of the passage
of any passenger on board a Chinese passenger ship,without having a
written authority to act as such agent or,on the demand of the Emi-
gration Officer,refuse or fail to exhibit his licence and such written
authority.
36.No person shall,by any fraud,or by false representation as to
the size of the girl or otherwise,or by any false pretence whatsoever,
induce any person to engage any passage as aforesaid.
37.Every emigration passage broker who contracts with any intend-
ing emigrant for a passage in any ship shall forthwith give notice in
writing to the Emigration Officer of every such contract,specifying the
name,age,and sex of such emigrant and the name of such ship.
38.All violations or disobediences of,or defaults in compliance with,
the provisions of any of sections 27,31,32,33,and 34 shall be heard
and determined in a summary way;and on summary conviction before
a Magistrate of such offences,the respective offenders shall be sentenced
to pay the several penalties hereinafter specified:-
(1.)for every offence against section 27,a penalty not exceeding four
hundred dollars;
(2.)for every offence against section 31,a penalty not exceeding
fifty dollars;
(3.)for every offemce against section 32,a penalty not exceeding one
hundred dollars;
(4.)for every offence committed by a passage broker against section
33,a penalty not exceeding one hundred dollars;and
(5.)for every offence against section 34,a penalty not exceeding fifty
dolars.
39.Section 27 to 38,both inclusive,shall not apply where a special
licence has been granted under section 21 to nay steamer mentioned in
that section.
Hospital Accommoddation and Medical Inspection.
40.The Governor is hereby authorized to appoint,at a salary not
exceeding two thousand dollars per annum,a medical officer whose duty
is shall be to inspect intending emigrants,and to supervise all matters
and things in any way relating to the comfort and well-being of such
emigrants before their departure and on their voyage,and such salary
shall be in lieu of all fees.
41.-(1.)In every Chinese passenger ship,except ships about to
proceed on a voyage of not more than thirty days' duration within the
meaning of section 47,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 passengers;and
the said space shall be either under the poop,or in the round-house,or
in any deck-house which is properly built and secured to the satisfaction
of such Emigration Officer,or on the upper passenger deck,and not
elsewhere,and shall in no case be of less dimansions than eighteen clear
superficial feet for every fifty passengers whom the ship carries.
(2.)Every such hospital shall be fitted with bed places and suplied
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.
(3.)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.
42.-(1.)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 has certified to the Emigration Officer ,and
the Emigration Officer shall not grant his certificate unless he is satisfied,
that none of the passengers or crew appear,by reason of any bodily or
mental disease,unfit to proceed or likely to endanger the health or
safety of other persons about to proceed in such ship.
(2.)A medical inspector of the passengers for the purposes of giving
such certificate shall take place either on board the ship,or ,at the
discretion of the Emigration Officer,at such time and on shore,before
embarkation,as he may appoint.
(3.)The master,owner,or charterer of the ship shall pay to the
Emigration Officer a sum at the rate of twenty-five dollars for every
hundred persons so examined,and the Emigration Officer shall pay the
same into the Colonial Treasury,to the use of the Crown.
43.The medical inspection of emigrants under contracts of service
shall eake place on shore before embarkation as well as on board the
ship after embarkation,and the Emigration Officer shall not grant
the certicate required by the Act unless he is satisfied that such double
inspection has been duly made or has been dispensed with by the sane-
tion of the Governor.
44.It shall not be lawful for any emigrant under contract of service
to embark in any Chinese passenger ship,or for the master or other
person on board of a Chinese passenger ship to permit any such emigrant
to embark therein,unless such emigrant produces an embarkation
permit from the Emigration Officer,who shall not grant the same unless
he is satisfied that such emgrant has undergone on shore the medical
inspection required by law to be made before embarkation.
45.The medical inspection of emigrants required to be made after
their embarkation in any Chinese passenger ship shall take place at such
time as the Emigration Officer may appoint.
46.Any Chinese medical practitioner,properly qualified to the
satisfaction of the Colonial Surgeon,shall be eligible,with the approval
of the Governor,for the officer of a Chinese passenger ship
for the purposes of the Act or of his Ordinance.
Regulations for Voyages of not nore than Thirty Days' Duration.
47.All ships clearing out or proceeding to sea on voyages of not
more than thirty days' duration shall be subject to the modified regula-
tions contained in the Ninth Schedule to this Ordinance,which as regards
such ships shall be substituted for those contained in Schedule A of the
Act,but nothing in this section shall be deemed to relieve Chinese
passenger ships from the operation of the Act,except so far as the same
is by the said Schedule expressly modified.
48The voyages specified in the Tenth Schedule to this Ordinance are
hereby declared to be voyages of not more than thirty days' duration,
subject,as regards steamers,to the conditions as to their rate of speed
and,as regrads sailing vessels,to the conditions as to the periods of the
year during which the voyage is performed,in the said Schedule
respectively expressed and contained.
49.Section 47 and 48 shall not be constructed as affecting any
Chinese passenger ship which is about to proceed to sea on a voyage of
not more than sevem days' duration.
Depots for Emigrants under Contract of Service.
50.-(1.)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 depots,to be approved of by the Emigration Officer,wherein
every intending emigrant by such may lodge as hereinafter provided.
(2.)Every such depot shall be maintained,and every emigrant
lodging therein shall be supported,at the expense of such owners or
charterers.
51.In the discretion of te Governor,every intending emigrant by
such Chinese passenger ship shall reside three clear days at least
previously to his embarkation in a depot provided by the owners or
charterers of such ship.
52.Every such depot as aforesaid shall be under the supervision of
the Emifration Officer,who may inspect the same at such times as he
may think fit,and there shall be at all times free ingress and egress
allowed to all persons to and from such depot,from 6 A.M. to 6 P.M.
53.All Orders of Her Majesty-in-Counil relating to the quantity of
water to be carried by passenger ships having a certain description of
condensing apparatus shall apply to Chinese passenger ships.
54.No Chinese passenger ship,except a vessel propelled by steam,
bound to any port westward of the Cape of Good Hope or to any port
in Australia,New Zealand,Oceania,or Tasmania shall clear from any
port in the Colony between yhe months of April and Setember inclusive.
55.-(1.)It shall be lawful for the Emigration Officer,at any time
when he is satisfied that any emigrant who is unwilling to leave the port
has been obtained by any fraud,vialence,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 awaiting a return passage.
(2.)All such expenses,with all legal costs incurred,shall be recover-
able by the Emigration Officer before any Magistrate from the emigra-
tion passage broker of the vessel in which such emigration was shipped
or intended to be shipped.
56.Every person who-
(1.)unlawfully,either by force or fraud,takes away or detains
against his will any man or boy with intend to put him on board a
Chinese passenger ship;or,
(2.)with any such intent,receives,harbours,or enters into any con-
tract for foreign service with any such man or boy,knowing the
same to have been by force or fraud taken and obtaineed as
hereinbefore mentioned.
shall be guilty of felony,and,being convicted thereof,shall be liable,at
the discretion of the Court,to imprisonment,with or without hard
labour,for any term not exceeding seven years.
57.The owners or charterers of any Chinese passenger ship,and any
emigration passage broker,and any intending emigration by a Chinese
passenger ship,and any master or other person in charge of a Chinese
passenger ship who fails to comply with or commits any breach of the
provisions of Part I,so far as they may respectively be bound thereby,
and any person granting or knowingly uttering any forged certificate,
permit,notice,or other document under this Ordinance shall,without
prejudice to any other proceeding,civil or criminal,be liable,on sum-
mary conviction before a Magistrate,to a penalty not exceeding five
hundred dollars or to imprisonment,with or without hard labour,for
any term not exceeding six months.
Emigration Boarding-houses.
58.No Chinese passenger shall,without the sanction of the Emigra-
tion Officer,be permitted to embark in this Colony (other than as a
first or second class passenger) in any Chinese passenger ship on a voy-
age of more than seven days' duration unless he has been lodged in a
boarding-house licensed under this Ordinance during a period of not less
than forty-eight hours previous to the examination by the Emigration
officer or Registrar General:Provided,nevertheless,that the provi-
sions of this section shall not apply in the case of a Chinese female when
the Registrar General certifies that he is satisfied that such lodging at a
boarding-house as aforewsaid may be dispensed with.
59.-(1.)It shall be lawful for the Registrar General to license a
sufficient number of fit and proper persons to keep boarding-houses for
Chinese emigrants or intending Chinese emigrants.
(2.)Every such licence shall be granted for such period,not exceed-
ing twelve months,and on payment of such fee,and on such terms and
conditions as may be prescribed by any by-laws to be made under the
next succeeding section.
(3.)Every boarding-house keeper licensed under this Ordinance shall
enter into a bond in the sum of one thousand dollars,with two sufficient
sureties to be approved by the Registrar General,for the due obseervance
of such terms and conditions.
60.-(1.)It shall be lawful for the Governor-in-Council to make by-
laws for the licensing,regulation,and sanitary maintenance of such
boarding-houses,and by such by-laws to require such register or other
books to be kept as he may deem expedient,with regard to Chinese
emigrants or intended emigrants.
(2.)All such by-laws,when made,shall be published in The Gazette,
and,when so published,shall be as valid and binding as if contained in
this Ordinance.
(3.)Every person who commits a breach of any by-law made under
this section shall, on summary conviction before a Magistrate,be liable
to a penalty not exceeding one hundred dollars.
61.-(1.)In the case of every Chinese male inmate of a boarding-
house under the age of sixteen years and in the case of every Chinese
female inmate of a boarding-house who has declared to the keeper of
such boarding-house his or her intention of emigration,such keeper
shall supply the Regustrar General with a return giving the number,
names,and descriptions of all such intending emigrants,the name of the
Chinese passenger ship by which they intend to proceed ,and such fur-
ther particulars concerning the said intending emigrants as the Regis-
trar General may from time to time direct.
(2.)Such return must be supplied at least twenty-four hours before
the examination by the Registrar General and shall be in such form as
he may direct.
(3.)A similar return shall be supplied by such keeper to the Emigra-
tion Officer,at the time of their examination before him,of all emi-
grants other than males under the age of sixteen years and females.
62.-(1.)The keeper of any boarding-house who knowingly furnish-
es any false or incorrect return or other particulars required by the last
preceding section or by any by-law made under that section,or who ob-
tains or attempts to obtain by fraud,intimidation,or force,the ship-
ment of any Chinese emigrant or intending emigration ,and every person
who aids or abets such keeper in so doing,shall,on summary conviction
before a Magistrate,be liable to a penalty not exceeding five hundred
dollars or to imprisonment,with or without hard labour,for a term not
exceeding one year.
(2.)Any such keeper and his sureties shall also be liable to the en-
forcement of his and their bond,and the licence of such keeper may be
suspended by the Registrar General
Photographs.
63.The keeper of every licensed boarding-house from which any
intending Chinese male emigration under the age of sixteen years or any
intending Chinese female emigration is to be shipped shall attend at the
Registrar General's Office or other place appointed for that purpose at
the examination to be held by the Reistrar General,and shall then
furnish the Registrar General with two copies of the photograph of
every such emigrant,with the names,ages and number of the said
emigrants,the name of the ship by which they are going,and the date,
entered on the back,as well as a list of such intending emigrants,setting
forth the names,sex,ages,destination,occupation,and such other par-
ticulars as may from time to time be required by the Registrar General.
64.It shall be lawful for the Registrar General to employ a certain
number of fit and respectable photographers to furnish photographs of
intending Chinese male emigrants under the age of sixteen years and of
intending Chinese female emigrants.
65.Every person who falsely and deceitfully personates,or aids and
abets in falsely and deceitfully personating,an emigrant or intending
emigration at any attendance before or examination by the Emigration
Officer or the Registrar General,required by any law or regulation for
the time being inforce relating to Chinese emigration,shall be guilty of
a misdemeanor,and shall,on summary conviction before a Magistrate,
be liable to a penalty not exceeding two hunred and fifty dollars ,or to
imprisonment,with or without hard labour,for any term not exceeding
six months,or to oath.
PART II
EMIGRATION FROM PORTS OUT OF THE COLONY.
Emigrant Ship Fittings.
66.Before beginning to fir out any ship intended to be used for the
conveyance of Chinese emigrants to be embarked at any port or place
out of the Colony,a notice to that effect shall be given in writing to the
Emigration Officer,and such notice shall be signed by the owner and
master of such ship,or,in the event of the owner not being resident
within the Colony,by the agent and master thereof;and in casr such
notice is not 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
Ordinance:Provided always that where there is no agent of an absent
owner in the Colony,the notice may be signed by the master alone.
67.The master of every ship arriving within the waters of the Colony
and which is fitted out for the conveyance of Chinese emigrations shall,
within twenty-four hours,report the same to the Emigration officer;
and in case he neglects to do so,he shall be guilty of an offence against
this Ordinance.
68.-(1.)The fitings of every ship mentioned in section 58 and 59
shall be subject to the approval of the Emigration Officer,who is hereby
empowered,at all reasonable times,to go on board and search and inspect
such ship and her fittings and to order any fittings which in his opinion
are objectionable to be forthwith removed.
(2.)Every person who in any way impedes or attempts to impede
the Emigration Officer in the execution of this duty shall be guilty of
an offence against this Ordinance.
69.-(1.)No such ship shall clear out or proceed to sea until the
master thereof has received from the Emigration Officer a certificate in
the form in the Eleventh Schedule to this Ordinance.
(2.)Every such certificate shall be liable to a stamp duty of twenty-
five dollars.
70.All barricades and gratings apparently intended to be used,or
which are capable of being used,for the purpose of confining Chinese
emigrations below decks or within any particualr part of a ship shall be
deemed to be prohibited fittings.
71.It shall be lawful for the Governor from time to time,by Pro-
clamation to be inserted in The Gazette,to prohibit the use or carriage
in any ship of any other fittings therein specified,and every such
prohibition shall have the same force and effect as if it were expressly
enacted in this Ordinance.
72.All prohibited fittings wherever found within the Colony shall
be seized and shall be forfeited to the Crown in the manner hereinafter
mentioned.
73.Every person who,without lawful excuse (the proof whereof
shall lie on him) manufactures,purchases,sells,or has in his possession
any prohibited fittings shall be guilty of an offence against this Ordinance.
74.The owner,agent,or master of any ship intended for the convey-
ance of Chinese emigrations to be embarked at any port or place out of
the Colony who knowingly permits any prohibited fittings to be taken
on board such ship or to remain therein after the same have been taken
on board,or who refuses to remove forthwith any fittings which the
Emigration Officer has ordered to be removed,shall be huilty of an offence
against this Ordinance;and,in addition to the punishment hereinafter
prescribed,all such last-mentioned fittings shall,in case of such refusal
as aforesaid,be seized and forfeited to the Crown as in the case of pro-
hibited fittings.
75.If any such ship leaves or attempts to leave the waters of the
Colony without the certificate required by section 61,or leaves or
attempts to have the waters of the Colony having on board any pro-
hibited fittings or any fittings which the Emigration Officer has ordered
to be removed or any other fittings of a similar kind and description,in
every such case the master of such ship,and the owner or agent,if he
is proved to have sanctioned such leaving or attempting to leave as
aforesaid,shall be guilty of an offence against this Ordinance;and,in
addition to the punishment hereinafter prescribed,all such fittings shall
be seized and forfeited to the Crown,whether the same are prohibited
fittings or not.
Offences,etc.
76.Every person who-
(1.)makes or attempts to make any fraudulent use of a certificate
granted under section 69;or
(2.)forges,counterfeits,alters,or erases the whole or any part there-
of;or
(3.)uses or attempts ot use any spurious or fraudulent certificate,
and every person aiding and abetting in such offence,shall be liable to
the punishment hereinafter prescribed.
77.All costs of violation or disobedience of or default in compliance
with the provisions of section 66 to 76,bith inclusive,may be heard
and determined summarily by two Magistrates,sitting together who shall
consitiute a Court for this purpose:Provided that if at the close of the
investigation,the accused person applies for a trial by jury,or the
Magistrates are of opinion that the case ought to be so tried,they may
commit the accused person for trial at the Supreme Court.
78.The following punishments shall be awarded on conviction for
any offence:-
(1.)against any of section 66,67,68,73,and 74,a penalty not
exceeding five hunred dollars and imprisonment,with or without
hard labour,for any term not exceeding six months,or either of
such punishments,in the discretion of the Court;and
(2.)against section 75 or section 76,a penalty not exceeding one
thousand dollars and improsonment,with or without hard labour,
for any term not exceeding one year,or either of such punishments,
in the discretion of the Court;
Provided always that where a penalty is imposed for any offence against
section 75 or section 76,the Court may sentence the offender,in default
of payment of such penalty,to imprisonment,with or without hard
labour,for any term not exceeding one year in lieu of such penalty,and
such imprisonment shall commence from the expiration of any term of
imprisonment to which the offender may have been sentenced in addi-
tion to the penalty.
79.The Supreme Court and the saud Court of Magistrates shall have
full power and authority to hear and determine all cases of seizure of
fittings ,and,on proof of the legality of the seizure,to declare the said
fittings to be forfeited to the Crown;and no fittings seized under this
Ordinance shall be deemed to be forfeited to the Crown,except under
the sentence of one or the other of the said Courts.
80.Nothing in this Ordinance shall be deemed to affect any powers
lawfully vested in a Superintendent or Inspector of Police.
81.-(1.)Any action or prosecution against any person for anything
done in pursuance or execution or intended execution of this Part shall
be commenced within three months after the thing done and not other-
wise.
(2.)Notice in writing of every such action and of the cause thereof
shall be given to the intended defendant one month at least before the
commencement thereof.
(3.)In any such action the defendant may answer that the act com-
plained of was done in pursuance or execution or intended execution of
this Part,and give this section and the special matter in evidence at any
trial to be had thereupon.
(4.)The plaintiff shall not recover if 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 behalf of the defendant.
(5.)If judgment is given for the defendant or the plaintiff becomes
monsuit or discontinues the action after a defence has been put in,the
defendant shall recover his costs,and shall have the like remedy for the
same as any defendant has by law for costs in other cases.
(6.)If judgment is given for the plaintiff,he shall not have costs
against the defendant,unless the Judge before whom the trial is had
certifies his approbation of the action.
82.No proceeding shall be instituted for any offence against the pro-
visions of this Part,or for any forfeiture thereunder,except at the suit
or prosecution,or with the consent,of the Attorney General.
83.It shall be lawful for the Governor,in his discretion,to grant
licenced,in manner hereinafter provided and to such persons as he thinks
fit.to do any of the acts following;that is to say-
(1.)to build,alter,or repair,or agree to build,alter,or repair,or
cause 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 emigrations to be
embarked at any port or place out of the Colony;or
(2.)to fit out,man,equip,let or make on freight or hire any ship,
with intent or knowledge,or having reasonable cause to believe,
that the same will be employed in manner aforesaid;or
(3.)to despatch or cause to be despatched any ship,with intent or
knowledge,or having reasonable cause to believe,that the same
will be employed in manneraforesaid;or
(4.)to make any advances of money to any ship,or to become secur-
ity for such advances,with intent or knowledge,or having rea-
sonable cause to believe,that the same will be employed in manner
aforesaid;or
(5.)toi despatch,or cause or allow to be despatched,or command any
ship carrying Chinese passengers,with the intent or knowledge,
or having reasonable cause to believe,that such passengers are
being carried or intended to be carried to any port or place out of
the Colony for the purpose of being conveyed therefrom as emi-
grants in the same or any other ship;or,
(6.)being the master of a ship in respect of which a licence ought to
have been obtained under any of the provisions of sub-sections
(1.)and (2.)of this section,to clear out and proceed to sea in such
ship:
Provided always that if any person does any of the above-mentioned acts
within the Colony without having obtained such licence,or without such
licence having been granted to the owner,agent,or master of the ship in
respect of which such act is done,or in contravention of the terms or con-
ditions of such licence if granted,he shall be deemed to have committed
an offence against this section,and shall be liable to imprisonment,with
or with hard labour,for any term not exceeding two years and to a
penalty not exceeding two thousand dollars,or to either of such punish-
ments,in the discretion of the Court;and 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.
84.Every person who aids,abets,counsel,or procures the commis-
sion of any offence against the last preceding section shall be liable to
be tried and punished as a principal offender.
85.Every licence required by section 83 shall be under the hand of
the Governor and the public seal of the Colony,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.
86.An application for any such licence shall be made in writing to
the Colonial Secretary and shall be transmitted through the Emigration
Officer,and the owner,agent,or master of the ship in respect of which
any such licence is applied for shall furnish all particular as to the des-
tination of the ship and as to all matters relating to the intended voyage
and emigration which may be required of him.
87.All such particulars shall,if so ordered,be certified upon oath
before any Justice of the Peace;and every person who knowingly fur-
nishes untrue particulars shall be liable to imprisonment,with or without
hard labour,for any term not exceeding six months and to a penalty
not exceeding one hundred dollars,either in addition to or in substitution
for such imprisonment.
88.If it appears to the satisfaction of the Governor,at any time be-
fore the departure of a ship in respect of which a licence is required under
section 83,-
(1.)that the particulars furnished in relation thereto are untrue;or
(2.)that further particulars have been discovered since the granting
of the licence;or
(3.)that any condition of the licence has benn violated,
it shall be lawful for the Governor-in-Council to revoke or vary such
licence and to order that the ship be seized and detained until the licence
is delivered up to be cancelled or varied.
Seizure and Forfeiture of Ship.
89.The Governor,on being satisfied that there are reasonable grounds
for suspecting that a ship within the waters of 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 section 75,or that
any other offence against the said provisions has been committed,ren-
dering the dhip liable to forfeiture,may issue a warrant in the form
in the Twelfth Schedule to this Ordinance;and upon such warrant,the
ship may be seized and searched and detained until it has been either
condemned or released by process of law or in the manner hereinafter
mentioned.
90.-(1.)Any oficer so authorized to seize,search,and detain any
ship under the last preceding section may,for the purpose of enforcing
such seizure,search,and detention,call to his aid any constable or
officer of Police,and may apply for assistance to any officer of her
Majesty's Army or Navy or Marines,or to the Harbour Master or any
officer having authority by law to make seizures of ships,and may put
any persons on board such ship to take charge of the same,and to
enforce the provisions of the said section.
(2.)Any such officer so authorized as aforesaid may use force,if
necessary,for the purpose of enforcing such seizure,search,and deten-
tion;and if any person is killed,maimed,or hurt by reason of his resist-
ing such officer in the examination of his duties or any person acting under
his orders or at his request,such officer so seizing,searching,and detain-
ing the ship,or other person,shall be freely and fully indemnified as
well against Her Majesty,her heirs and successors,as against persons
so killed,maimed,or hurt.
91.The owner of the ship so seized and detained or his agent may
apply by petition to the Supreme Court for its release.
92.-(1.)The Crown Solicitor shall,on the seizure of any ship as
aforesaid,cite the owners or their agents in the Colony by a notice,
which may be in the form in the Thirteenth Schedule to this Ordi-
nance,to appear before the Supreme Court to show cause why the ship
should not be condemned and forfeited to the Crown for breach of the
provisions of section 83 and 84.
(2.)In case there is no owner of the ship in the Colony nor any agent
of such owner,the notice shall be published twice in The Gazette,
and such publication shall be equivalent to personal service of the
citation.
93.On the day appointed for the hearing of any petition for the
release of the ship,or for the appearance of the owners of their agents
in the Colony in obedience to a citation to show cause why the same
should not be forfeited,the Court shall proceed t inquire 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.
94.The Court may,if it thinks fit,direct a writtn statement or
defence or any additional pleading to be filed,and may,in its discretion,
receive evidence orally or by affidavit or partly orally and partly by
affidavit,and may determine all questions of fact as well as of law,or
may,of its own motion or on the application of either party,direct a
jury to be empanelled for the determination of any question of fact,
and may frame issues of law and of fact,and generally may exercise
the same powers and authorities as on the trial of any action,cause,
or matter within its ordinary jurisdiction.
95.The Court may also,during or before the said proceedings,grant
warrants for the entering and searching of any ship or tenement within
the jurisdiction and the seizure of any papers or documents which may
be found therein respectively,and may summon any person to appear
before the Court and to produce any papers and documents,and may ex-
amine such persons upon oath touching the subject-matter of the inquiry.
96.Whenever any person has been convicted before the Supreme
Court of an offence against section 83 and 84,the evidence taken on
the trial of such offender shall be received in evidence in any proceed-
ings instituted for the forfeiture or release of the ship in respect of
which such offence has been committed;but it shall not be necessary to
take proceedings against an offender because proceedings are instituted
for the forfeiture,or to take proceedings for the forfeiture because pro-
ceedings are taken against the offender.
97.The fact of a ship being apparently fitted and uquipped,or in
course of being fitted and equipped,within the waters of the Colony for
the conveyance of Chinese emigrations shall,if the owner,agent,or master
has not obtained a licence from the Governor as required by section 83,
or under section 6,be prima facie evidence that such ship is intended
for the conveyance of Chinese emigrations to be embarked at some port
or place out of the Colony.
98.If,on the hearing of the said proceedings for the forfeiture or
release of a ship seized under section 89,it is established,to the satis-
faction of the Court,that the offence charged has not been committed in
respect of such ship against the provisions of section 83 rendering such
ship liable to forfeiture,the ship shall be released and resyored to the
owners thereof or their agents.
99.If,on the hearing of the said proceedings,it is established, to the
satisfaction of the Court,that the offence charged has been committed
in respect of such ship against the provisions of section 83 rendering
such ship liable to forfeiture the Court shall declare such ship to be for-
feited to the Crown.
100.It shall be lawful for the Court to ompose such a pecuniary
penalty as to the Court may seem fit in lieu of condemning the ship,
and in such case to cause the ship to be detained until the penalty has
been paid,and to cause any penalty so imposed to be applied in the
same manner in which the proceedings of the ship,if condemned by order
of the Court and sold,would have been applicable.
101.The costs of all proceedings for the forfeiture or release of a ship
shall be in the discretion of the Court.
102.(1.)If the Court is of opinion that there was not reasonable
and probable cause for the seizure or detention of a ship,and if no
such cause appears 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 demages and costs in respect of the seizure or detention,the
amount thereof to be assessed by the Court.
(2.)Any amount to assessed shall be payable out of the General
revenues of the Colony.
103.Every ship forfeited to the Crown for breach of the provisions of
section 83 may be sold by public auction or private contract ,and may
be transferred to the purchaser by bill of sale under the hand of the
Governor and the public seal of the Colony,and the net proceeds of such
sale shall be paid into the Colonial Treasury,to the use of the Crown.
104.The Governor may at any time release any ship seized and
detained under section 89,notwithstanding her forfeiture by the sentence
of the Supreme Court,ion the owner or agent giving security,to the
satisfaction of the Governor,that the ship without such security,if the
Governor thinks fit so torelease the same.
105.Subject to the provisions of section 102,providing for the award
of damages and costs in certain causes by the Court in respect of the seizure
or detention of a ship,no damages shall be payable,and no public officer
or other person acting under his order or at his request shall be respons-
ible,either civilly or crminally,in respect of the seizure or detention
of any ship in pursuance of section 89.
106.No proceedings,other than the issue of a warrant for the seizure
of a ship or for the apprehension of an offender,shall be instituted for
any offence against the provisions of section 83 and 84,except at the
suit or prosecution or with the consent fo the Attorney General.
PART III.
MISCELLANEOUS PROVISIONS.
107.Every person who,by force,intimidation,or fraud,imprisons
or detains any man or boy within the Colony,for the purpose of emigra-
tion or for any other purpose whatsoever,shall be guilty of a misde-
meanors,and,being convicted thereof,shall be liable to the punishment
hereinafter provided.
108.Every person who,by force,intimidation,or fraud,brings,leads,
takes,decoys,or entices any man or boy into or away form the Colony,
for the purpose of emigration or for any other purpose whatsoever,
shall be guilty of a misdemeanor,and,being convicted thereof,shall
be liable to the punishment hereinafter provided.
109.Every person convicted of any offence against the provisions of
section 107 or section 108 shall be liable ot imprisonment,with or with-
out hard labour,for any term not exceeding two years:Provided
always that if the case is determined by a single Magistrate,he
shall not impose a heavier sentence than one year's imprisonment,
with or without hard labour,and that,where there appears a necessity
for a heavier sentence,the case shall be determined by two Magistrates,
sitting together,or,in their discretion,committed for trial at the
Supreme Court.
110.Whenever any person is convicted,eitger summarily or before
the Supreme Court,of any offence against the provisions section 107
or section 108,if it is proved that the offender has been previously
convicted,either summarily or before the Supreme Court,of an offence
against the provisions of either of the said section,it shall be lawful
for the Court,in its discretion to direct that,in addition to the punish-
ment hereinbefore prescribed,the offender,if a male,be once,twice,or
thrice whipped.
111.If any person is found on board any passenger ship,with intent
to obtain a passage therein without the consent of the owner,charterer,
or master thereof,such person,and every person aiding and abetting
him in such fraudulent intent,shall respectively be liable to a penalty
not exceeding five hundred dollars;and such person so found on board
may be taken before any Justice of the Peace without warrant,and
such Justice may summarily hear the case,and,on proof of the offence,
convict such offender as aforesaid.
112.The forms in the Schedules to this Ordinance or forms to the like
effect,with such variations and additions as circumstances may require,
may be used for the purposes therein indicated and according to the
directions therein contained,and instruments in those forms shall (as
regards the form thereof) be valid and sufficient.
SCHEDULES.
THE FIRST SCHEDULE.
PARTICULARS REQUIRED ON APPLICATION FOR A LICENCE FOR THE
CONVEYANCE OF CHINESE EMIGRANTS.
Name of Ship,Tonnage,How propelled
Nationality of Ship
Destination of Ship
Whether it is intended that the Ship should call or sta-
tion at or near any Port or Place between Hongkong
and '
If so,at what Ports or Places
Whether it is intended that the Ship should call or sta-
tion at or near such Port or Place with the object of
taking on Board any Cargo and/or Passengers
If not,then with what object
Proposed Date of Departure from Hongkong
Name of Master
Names of Address of the Shipowners
Names of Charterers
Names of Agents
Number of Chinese Passengers to be conveyed
I,the undersigned,hereby apply for a Licence under Section 6 [or section
8,as the case may be,] of the Chinese Emigration Ordinance,1889,for
and I do solemnly swear [or declare] that the above particulars
are true.
The Surveyor's Certificate is herewith attached.
(Signed.)
Agent or Charterer of Ship
Sworn [or Declared] by the above-
named this day
of ,1
Before me,
(Signed.)
Justice of the Peace.
*If any,copy of each contract is to be attached.
Insert here the words ' months' or 'the above-mentioned voyage,' as the
case may be.
THE SECOND SCHEDULE.
FORM OF EMIGRATION OFFICER'S CERTIFICATE.
I,A.B, Emigration Officer for the Colony of Hongkong,do hereby
certify as follows:-
1.That the Chinese passenger ship ,A.B., master,is
specially licensed under the provisions of the Chinese Emigration Ordinance,
1889.
2.That the said ship is licensed to carry adults,of whom none
are to be under any contract of service whatever.
Dated this day of ,1
(Signed.)
Emigration Officer.
THE THIRD SCHEDULE.
FORM OF BOND TO BE GIVEN BY THE MASTER OF A CHINESE PASSENGER
SHIP HOLDING A SPECIAL LICENCE.
Know all men by these presents that we,A.B., of ,and C.D.,
of ,are held and firmly bound unto Our Sovereign
Lady Queen Victoria,in the sum of one thousand pounds of good and lawful
money of Great British,to be paid unto Our said Sovereign Lady the Queen,
Her Heirs and Successors;to which payment well and truly to be made we
bind ourselves and every of us jointly and severally for and in the whole,
our heirs,executors,and administrators,and every of them,firmly by these
presents,sealed with our seals.
Dated this day of ,1
Whereas by the Chinese Passengers Act,1855,it is enacted that,before
any Chinese passenger ship shall clear out or proceed to sea on a voyage of
more than seven days' computed duration,the master thereof shall,with two
sufficient sureties to be approved by an Emigration Officer,enter into a bond
to Her Majesty,Her Heirs and Successors,in the sum of one thousand
pounds:
Now the condition of this obligation is that if (in respect of the Steam-
ship whereof is master) all and every the
requirements of the said Chinese Passengers Act,1855,and of the Chinese
Emigration Ordinance,1889,and of the regulations contained in the Schedule
to the said Ordinance annexed shall be well and truly performed [in like
manner as the same ought to be observed and performed in case the said
Steamship were a British ship,and the said were a British
subject] then this obligation to be void,otherwise to remain in full force
and effect.
Signed,sealed,and delivered by the above bounden
and in the presence of
*The words within brackets to be inserted only in the case of a foreign Chinese
passenger ship.
THE FOURTH SCHEDULE.
REGULATIONS FOR LICENSED PASSENGER STEAMERS.
1.No steamer licensed under this Ordinance shall clear out or proceed to
sea until the master thereof has received from the Emigration Officer a copy
of these Regulations,and a certificate in the form contained in the Second
Schedule to the Chinese Emigration Ordinance,1889,which copy and certi-
ficate,with any documents to be attached thereto,shall be signed by the
Emigration Officer,nor until the master has,with two sufficient sureties to
be approved by the Emigration Officer,entered into a joint and several bond
in the sum of one thousand pounds to Her Majesty,her heirs and successors,
in the form contained in the Third Schedule to the Chinese Emigration Or-
dinance,1889.
2.The following conditions as to the accommodation of passengers shall
be observed:-
(1.)The following conditions as to the accommodation between decks shall be pro-
perly ventilated and shall contain at the least time superficial and fifty-
four 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 pas-
sengers between the ages of one and twelve years;the height between
decks shall be at least six feet;
(2.)the accommodation for female passengers between decks decks shall be
separate from that provided male passengers;
(3.)a space of four superficial feet per adult shall be left clear on the up-
per deck for the use of the passengers;and
(4.)a reasonable space shall be set apart as a sick bay,and sufficient
latrines,both as to condition and number,shall be provided in suitable
parts of the ship.
3.Deck passengers may be carried,at seasons allowed by law,on such
conditions as may from time to time be prescribed under instructions from
one of Her Majesty's Principal Secretaries of State,and,until and subject to
such instructions,on the conditions following:-
(1.)a suitable awning with screens shall be provided on deck,sufficient
for the protection of the passengers from the sun and from rain;
(2.)the space appropriated to such deck passengers shall contain at the
least sixteen superficial feet for every adult,that is to say,for every
passenger above twelve years of age and for every two passengers
between the ages of one and twelve years;and
(3.)in case deck passengers are carried in addition to other passengers for
whom accommodation between decks is provided,the space to be ap-
propriated for deck passengers shall be reckoned exclusively of the
space of four superficial feet per adult required to be left clear on the
upper deck for the use of such other passengers.
4.The following conditions as to provisions shall be observed:-
Provisions,fuel,and water shall be places on board,of good quality,
properly packed,and sufficient for the use and consumption of the pas-
sengers,over and above the victualling of the crew,during the intended
voyage,according to the following scale:-
For every passenger per diem not less than-
Rice or bread stuffs 1 1/3 lbs.
Dried and/or salt fish 0 1/3 do.
Chinese cindiments and curry stuff 1 oz.
Fresh vegetables,which will keep for short voyages,such
as sweet potatoes,turnips,carrots,and pumpkins 1 1/3 ibs.
Firewood 2 do.
Water,(to be carried in tanks or sweet casks) 1 gallon.
or according to a scale at keast equivalent to the foregoing.
5.-(1.)The Emigration Officer may at any time enter and inspect the
ship and the accommodation,provisions,and stores provided for the Chinese
passengers,and may require the master or any other person to produce the
licence and the ship's papers for his inspection,and,if he thinks necessary
after inspecting the ship's papers,he may muster and inspect the Chinese
passengers.
(2.)If in any such case the Emigration Officer discovers that the number
of passengers on board or intended to be carried upon that voyage exceeds
the number authorized by the licence,or that any condition of the licence or
any of these Regulations has been broken,he may detain the ship until the
passengers in excess of the legal numver are landed or until the condition
of the licence or the regulation in question is fully complied with,and he
shall forthwith report the circumstances to the Governor.
6.The master of every British ship shall,on demand,produce his emi-
gration papers to the British Consul at any port to which the licence extends,
or,in case such port in Her Majesty's Dominions,to any officer appointed
or authorized by the local Government in that behalf.
THE FIFTH SCHEDULE.
FORM OF EMIGRATION PASSAGE BROKER'S ANNUAL BOND,WITH TWO
SURETIES TO BE APPROVED BY THE EMIGRATION OFFICER.
Know all men by these presents,that we,A.B., of ,C.D., of
,and E.F., of ,are held and firmly bound into Our
Socereign Lady Queen Victoria in the sum of five thousand dollors,to be
paid to Our said Sovereign Lady the Queen,Her Heirs and Successors;to
which payment well and truly ot be made we bind ourselves,and every of us
jointly and severally,our heirs,executors and 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 day of ,1
Whereas by the Chinese Emigration Ordinance,1889,it is amongst other
things enacted that no person shall carry on the business of a passage
broker in Hongkong,in respect of any emigration in any ship,unless
such person has,with two good and sufficient sureties to be approved of by
the Emigration Officer,previously entered into a joint and several bond to Her
Majesty,Her Heirs and Successors,in the sum of five thousand dollars;and
whereas the said C.D.and E.F. have been approved of by the Emigration
Officer as sureties for the said A.B.:
Now teh condition of this obligation is that if the above-bounden A.B.
shall well and truly observe and comply with all the requirements of the said
recited Ordinance,so far as the sane relate to passage brokers,and further,
shall well and truly pay all fines,forfeitures,and penalties,and also all
sums of money,by way of subsistence money,or of return passage money,
and compensation to any passenger,or on his account,and also all costs
which the above-bounden A.B. may at any time be adjudged to pay under or
by virtue of any of the provisions of the said recited Ordinance or of the
Chinese Passengers Act,1855,of the Imperial Parliament,then and in such
case this obligation to be void,otherwise to remain in full force.
Signed,sealed,and delivered,
by the above-bounden A.B.,C.D,
and E.F.,in the presence of
*Insert personal and family names in full,with the occupation and address of such
of the partoes.
Insert the names and addresses in full of the witnesses.
THE SIXTH SCHEDULE.
FORM OF EMIGRATION PASSAGE BROKER'S LICENCE.
A.B., of having shown,to the satisfation of me,the undersigned,
that he has given bond to Her Majesty,as by the Chinese Emigration Ordi-
nance,1889,is required:I,the undersigned,so hereby license and authorize
the said A.B. ot 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 is
sooner determined by forfeiture for misconduct on the part of the said A.B.
as in the aforesaid Ordinance is provided.
Given under my hand and seak this day of ,1
(Signed.)
[L.S.]
Emigration Officer.
*The personal and family names in full of the person applying for the licence,with
his address and trade or occupation,must be correctly inserted.
THE SEVENTH SCHEDULE.
FORM OF NOTICE TO BE GIVEN TOTHE EMIGRATION OFFICER OF
THE FORFEITURE OF A LICENCE.
Hongkong,
SIR,-This is to give you notice that the licence granted on the
day of ,1 ,to A.B., of
to act as an Emigration Passage Broker,was on the day of
,1 ,duly declared by me[or us]the undersigned Justice[or
Justices] of the Peace to be forfeited.
(Signed.)
To the Emigration Officer,
Victoria,Hongkong.
*The personal and family names in full,with the address and trade or occupation
of the party,to be here inserted.
Here state severally the reasons of forfeiture.
THE EIGHTH SCHEDULE.
FORM OF CONTRACT PASSAGE TICKET.
I hereby engage that the Chinese named at foot hereof shall be provided
with a passage to,and shall be lunded at,the port of
in ,in the ship or vessel called the ' ,'
with not less than 72 cubic feet and 12 superficial feet for berth accommoda-
tion [or,in case of a ship under section 47,54 cubic feet and 9 superficial
feet],and shall be victualled according to Schedule A to the Chinese Pas-
sengers Act,1855,of the Imperial Parliament,during the voyage,and the
term of detention at any place before its determination,for the sum of
dollars,and I hereby acknowledge to have received the sum
of dollars in full payment.
Victoria,Hongkong,the day of ,1
(Signed.)
Passage Broker.
I hereby certify that I have explained and registered the above contract
passage ticket.
Victoria,Hongkong,the day of ,1
(Signed.)
Emigration Officer.
Note.-Should the above-named ship not be able to proceed on the proposed
voyage,a passage is to be provided in some other vessel licensed for the con-
veyance of Chinese passengers.
THE NINTH SCHEDULE.
REGULATIONS RESPECTING CHINESE PASSENGER SHIPS PROCEEDING
ON VOYAGES OF NOT MORE THAN THIRTY DAYS' DURATION.
1.No Chinese passenger ship shall clear out or proceed to sea on a voyage
of more than seven days' duration unless the master thereof has received from
an Emigration Officer a copy of these Regulations and a certificate in the
form in the Schedule to these Regulations,nor until the master has entered
into the bond prescribed by section 4 of the Chinese Passengers Act,1855,
of the Imperial Parliament.
2.No Emigration Officer shall be bound to give sych certificate until seven
days after receiving from the owners or charterers of the ship,or,if absent,
from their respective agents,an application in writing for the same and a
notice that the ship is laid on for the cononveyance of Chinese emigrations.
3.After receiving such application,the Emigration Officer,and any person
authorized by him in that behalf,shall 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 the same,shall be
liable to a penalty not exceeding one hundred dollars for each offence.
4.The following conditions as to the accommodation of passengers shall be
observed to the satisfaction of the Emigration Officer:-
(1.)that the ship is in a state of perfect cleanliness and if necessary has
been disinfected;
(2.)that the space appropriated to the passengers between decks is clean,
properly lighted and ventilated,and contains at the least nine super-
ficial and 54 cubic feet on the upper between decks and 18 superficial
and 126 cublic feet or space on the lower between decks 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;and that the height between decks is at least six feet;
(3.)that the accommodation for female passengers between decks is sepa-
rate from that provided for male passengers;
(4.)that a space of four superficial feet per adult is left clear on the upper
deck for the use of the passengers;and
(5.)that a reasonable space is set apart properly divided and fitted up as a
sick-bay or hospital,and that sufficient latrines,both as to condition
and number,are provided in suitable parts of the ship.
5.No part of the cargo or of the provisions,water,or stores shall be carried
on the upper deck,or on the passenger decks,unless,in the opinion of the
Emigration Officer,the same is so placed as not to impede light or ventilation
or to interfere with the comfort of the passengers nor unless the same is
stowed and secured to the satisfaction of the Emigration Officer;and the
space thereby occupied or rendered unavailable for the accommodation of the
passengers shall be deducted in calculating the space by which the number of
passengers is regulated.
6.The Emigration Officer may,in his discretion,permit deck passengers
to be carried,on such conditions as may from time to time be prescribed
under instructions from one of Her Majesty's Principal Secretaries of State,
and,until and subject to such instructions,on the conditions following:-
(1.)a suitable swning with screen shall be provided on deck,syfficient
for the protection of the passengers from the sun and from rain;
(2.)the space appropriated to such deck passengers shall contain at the
least 16 superficial feet for every adult,that is to say,for every
passenger above twelve years of age and for every two passengers
between the ages of one and twelve;and
(3.)in case deck passengers are carried in addition to other passengers
for whom accommodation between decks is provided,the space to
be appropriated for deck passengers shall be reckoned exclusively of
the space of four superficial feet per adult required to be left clear on
the upper deck for the use of such other passengers.
7.The following conditions as to provisions shall be observed,to the satis-
faction of the Emigration Officer:-
(1.)provisions,fuel,and water shall be placed on board,of good quality,
properly packed,and sufficient for the use and consumption of the pas-
sengers,over and above the victualling of the crew,during the intended
voyage,according to the following scale:-
for every passenger per diem not less than-
Rice or bread stuffs 1 1/3 lbs.
Dried and/or salt fish 0 1/3 lb.
Chinese condiments and curry stuffs 1 oz.
Fresh vegetables,which will keep for short voyages,
such as sweet potatoes,turnips,carrots,and pump-
kins } 1 1/3 lbs.
Firewood 2 do.
Water (to be carried in tanks or sweet casks) 1 gallon.
(2.)the last preceding condition as to provisions shall be deemed to have
been complied with in any case where,by the special authority of the
Emigration Officer,any other articles of food have been substituted for
the articles enumerated in the foregoing scale,as being equivalent
thereto;and
(3.)the passengers may supply their own provisions for the voyage,and
proper accommodation for the stowage and sufficient cabooses for the
cooking of such provisions must be allowed.
8.The Emigration Officer shall not give his certificate unless he is satis-
fied:-
(1.)that the ship is seaworthy,clean,and properly manned,equipped,
fitted,lighted,and ventilated,and has not on board any cargo likely,
from its quality,quantity,or mode of stowage,to prejudice the health
or safety of the passengers;
(2.)that suitable medicines and medical stores,provisions,fuel,and water
have been placed on board,of good quality,properly packed,and suffi-
cient in quantity to supply the passengers on board during the intended
voyage;
(3.)that all the requirements of the Chinese Emigration Ordinance,1889,
have been complied with;and
(4.)that the intending passengers who are males under the age of sixteen
years or females have been passed by the Registrar General.
9.The Emigration Officer may at any time enter and inspect the ship
and the accomodation,provisions,and stores provided for the Chinese pas
sengers,and may require the master or any other person to produce the
license and the ship's papers for his inspection,and,if he thinks necessary
after inspecting the ship's papers,he may muster and inspect the Chinese
passengers.
10.Where the intended passengers or any of them are under contract of
service,the Emigration Officer shall take care that a copy of the form of any
such contracts,or an abstract of their substance,signed by himself,is append-
ed to the said certificate,and in all cases if any of the passengers are in bad
health or insufficiently provided with clothing,or if there is reason to suspect
that fraud or violence has been practised in their collection or embarkation,
he may detain the ship,and,if he thinks fit,order all or any of the passengers
to be re-landed.
11.The Emigration Officer may,if he thinks fit,before granting his
certificate,employ any duly qualified medical practitiomer,master mariner,
marine surveyor,or other person whose professional assistance and advice he
may require for the purpose of ascertaining whether the requirements of the
Chinese Emigration Ordinance,1889,have been duly complied with,and the
costs and charges of obtaining such assistance and advice shall be defrayed
by the owners or charterers of the ship,whether the Emigration officer
grants his certificate or not.
12.The Emigration Officer shall from time to time fic a reasonable scale
of fees and charges,to be approved by one of her Majesty's Principal Secre-
taries of State,for the remuneration of any professional persons who may be
employed by him under the last proceeding Reguation,and,pending the appro-
val of disapproval of such scale,the fees and charges therein specified shall
be payable,as if the same had been approved in manner aforesaid.
13.The owners or charterers of every ship shall pay such fees for the
remuneration of the Emigration Officer as may,from time to time,be ordered
under instructions from one of Her Majesty's Principal Secretaries of State,
and,until and subject to such instructions,the following fees shall be payable
in addition to all fees and charges payable under the last preceding Regulation:
1.upon every application for a certificate $25:
Provided that for an Emigration Officer's certificate delivered at a second
port on the same voyage for a ship which has already received a certificate at
the first port the fee shall be only $12.50:Provided,also,always that no fees
shall be payable to the Emigration Officer of this Colony,but in lieu thereof
the following syamp duties are hereby imposed;that is to say,-
1.upon every application for a certification under Regulation 2
a stamp duty of $1
2.upon every certificate granted under Regulation 1,
a stamp duty of $1
and any Ordinance for the time being in force relating to stamps shall be
read as if the stamp duties hereby imposed were inserted in the schedule
thereof.
14.In case default is made by the owners or charterers of the ship in the
payment of any fees,costs,or charges to which they may be liable under the
Chinese Emigration Ordinance,1889,and these Regulations the ship may be
detained by the British Consul,or if in this Colonu by the Governor,until
such fees,costs and charges shall have been paid.
15.The Emigration Officer may withhold his certificate or revoke the same
at any time before the departure of the ship,if it appears,to his satisfac-
tion,that any particulars contained in the application in writing which has 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,are untrue,or that the requirements of the Chinese Emigration
Ordinance,1889,have not been complied with;and in every such case it
shall be lawful for the British Consul,or if in this Colony for the Governor,
to seize and detain the ship until the certificate,if already granted,has been
delivered up to be cancelled.
16.The master of every British Chinese passenger ship,during the
whole of the intended coyage,make issues of provisions,fuel and water,
according to the aforesaid dietary scale,to all the passengers except such as
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 necessary) to help in
working the ship;and shall,in cases where a Medical Officer is not carried,
issue medicines and material comforts,as may be requisite,to the best of his
judgement;and shall call at such ports as may be mentioned in the Emigration
Officer's clearing cerificate for fresh water and other necessaries;and shall
carry the passengers without unnecessary delay to the destination to which
they have contracted to proceed.
17.Before the arrival of any British Chinese passenger ship at the port
for which th passengers have embarked,the master shall cause the pas-
sengers to be mastered for the purpose of ascertained that there are none on
board who are not in possession of an emigration contract ticket and included
in the Emigration Officer's certificate and deteiled list of passengers;if any
such are found,it shall be the duty of the master to hand them over to the
proper authority to be dealt with according to law.
18.-(1.)The master of every British Chinese passenger ship shall,within
twenty-four hours after his arrival at the port of destination and at any port
of call,produce his emigration papers to the British Consul,if any,at such
port,or if such port is in Her Majesty's dominions,then the master of every
Chinese passenger ship shall produce the said papers to any officer appointed
or authorized by the local Government in that behalf.
(2.)It shall be lawful for such Consul or other officer tp enter and inspect
such ship,and in case the master obstructs or refuses to assist him in the
discharge of such duty,or without reasonable cause fail,to produce his emi-
gration papers as aforesaid,he shall be liable to a fine of five hundred dollars,
and the ship may be detained by the British Consul,or,if in Her Majesty's
dominions,by the local Government,untilk such fine has been paid and the
emigration papers have been given up.
19.In all ports and places where no Emigration Officer has been appointed,
the British Consul shall,until such appointment and at all times during the
vacancy of such office,be deemed to be the Emigration Officer for the pur-
poses of these Regulations.
SCHEDULE.
Form of Emigration Officer's Certificate
I,A.B., Emigration Officer at the Port of do hereby certify as
follows:-
(1.)that the Chinese passenger ship ,C.D., Master,of the port of
is within the provisions of section 47 of an ordinance of the Legislature of
Hongkong,entitled the Chinese Emigration Ordinance,1889,and that the said ship
is authorized to proceed to sea from the port of for the port of
(2.)that the ship is authorized to carry adults and that there are on board
passengers[if any are deck passengers,add:of whom are deck
passengers],making in all adults,namely, men, women,
male children,and female children,such children being between the
ages of one and twelve years;
(3.)that the ship is in a state of perfect cleanliness [and has been disinfected];
(4.)that the space set apart and to be kept clear for the use of such oassengers is as
follows:-on the upper deck superficial feet,being[describe space] and in
the between decks superficial feet,being[describe space];
(5.)that tehship is seaworthy,and properly manned,equipped,fitted,lighted,and
ventilation,and has not on board any cargo likely,from its quality,quantity,or mode
stowage,to prehudice the health or safety of the passengers.The means of venti-
lating the passengers' accomodation between decks are as follows:-[describe space];
(6.)that suitable medicines and medical stores,provisions,fuel,and water have ben
placed on board,of good quality,properly packed,and sufficient in quantity to
supply the passengers on board during the intended voyage;
(7.)that all the conditions and requirements of the said Ordinance have been duly com-
plied with;
(8.)that the aforesaid passengers[or ,in case of a part only,state the number,]are
emigrants under contracts of service,and that I have inspected the contracts between
them and their intended employers (the terms of which are annexed to this certifi-
cate) and consider them reasonable;and that no fraud appears to have been practis-
ed in collecting such emigrants;
(9.)that the intending passengers who are females or males under the age of sixteen
years have been passed by the Registrat General;and
(10.)that the master of the ship is to put into for water and fresh
vegetables.
Dated the day of ,1
(Signed.) A.B.,
Emigration Officer at the Part of
N.B.-Where none of the passengers are emigrants under contracts of service,the follow-
ing paragraph shall be substituted for paragraph 8:-
8.That whole of the said passengers are free passengers,under no contract of
service whatever.
THE TENTH SCHEDULE.
FORM OF VOYAGES OF NOT MORE THAN THIRTY DAYS' DURATION.
For Steamers.
Voyages from Hongkong,Swatow,Amoy,Foochow,Ningpo,Shanghai,
and any port on Formose to-
Calcutta, Labuan,
Pegu, Sarawak,
Sumatra, Bangkok,and
Java, Japan.
The Straits Settlements,
For Sailing Vessels.
Voyages from Hongkong,Swatow,Amoy,Foochow,Ningpo,Shanghai,
and any port in Formosa to-
From October to March,both From April to September,both
inclusive,- inclusive,-
Summatra, Labuan,
Java, Manila,and
The Straits Settlements, Bangkok.
Labuan,
Manila,and
Bangkok.
THE ELEVENTH SECHDULE.
EMIGRATION OFFICER'S CERTIFICATE.
I,A.B., Emigration Officer of Hongkong,do hereby certify that I have
inspected the fittings of the ship ,of which
is master,bound for ,and that there are no prohibited or
objectionable fittings on board.
Dated at Hongkong,the day of ,1
(Signed.)
A.B.
THE TWELFTH SCHEDULE.
FORM OF WARRANT.
Hongkong
to wit}
To
Whereas it has been made to appear,to my satisfaction,that there are
reasonable grounds for suspecting that an offence has been committed against
the provisions of section of the Chinese Emigration Ordinance ,1889,in
respect of the ship ,now lying in the waters of this Colony,
rendering the said ship liable to forfeiture:
This is,therefore,to command you,in Her Majesty's name,forthwith to
seize the said ship wherever she may be lying within the waters of this Col-
ony,and to search the said ship and her equipment,and to detain the same 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 public seal of the Colony,this day
of ,1
(Signed.)
[L.S.]
Governor and Commander-in-Chief,&c.
THE THIRTEENTH SCHEDULE.
FORM OF CITATION.
IN THE SUPREME COURT OF HONGKONG.
The day of ,1
In re the
Take notice that,under and in pursuance of the Chinese Emigration Ordi-
nance,1889,you are hereby cited to appear before the Supreme Court on
day,the day of ,1 ,to show cause why the
above-named ship and her equipment should not be forfeited to the Crown
for breach of the provisions of the said Ordinance.
To the Owners of the Ship or their Agents.
A.D. 1889. Ordinance No. 1 of 1889, with Ordinances No. 25 of 1889, No. 22 of 1890, and No. 37 of 1901 incorporated. Short title. Interpretation of terms. 18 & 19 Vict.c. 104. Definition of voyage. Definition of voyage of 30 days. Notice of ship being laid on as Chinese passenger ship to be given to Emigration Officer. Prohibition of Chinese passenger ship proceeding to sea without licence. Time and mode of application for licence in the Colony. First Schedule. Time and mode of application for for licence at port out of the Colony. First Schedule. Vertification of particulars, etc. Power to grant general licence. Conditions, etc., of licence. Conditions, etc., of Emigration Officer's licence. Licence to specify time of departure, etc. Power to authorize labourers and servants to be engaged for person in British possession. Saving of right of Asiatic passengers to travel in first or second class cabins as other nationalities. Power to remove master or other officer. Power to revoke and cancel licence in certain cases. Breach of condition of licence. Application of penalty for breach of the Ordinance recoverable under the Act. Form of Emigration Officer's certificate, and of master's bond. Second Schedule. Third Schedule. Grant of special licence to mail or first class steamer, subject to certain regulations. Fourth Schedule. Power to annex special conditions to grant of licence. Cancellation of special licence. Specially licensed steamer relieved from other regulations. Night Schedule. Breach of regulation or condition. Penalty for impeding Emigration Officer. Prohibition of person acting as passage broker without having entered into bond and obtained licence. Fifth Schedule. Mode of obtaining passage broker's licence, and forfeiture thereof. Sixth Schedule. Seventh Schedule. Fee to be paid for licence. Duration of licence. Giving of contract ticket for passage. Eighth Schedule. Production to Emigration Officer of certificate of chartering ship for carrying emigrants. Attendance before Registrar General or Officer for purpose of delivering contract tickets to passengers. Prohibition of alteration of contract ticket. Authority of passage broker to act as agent, etc. Misrepresentation as to size of ship. Giving of notice of contract with emigrant to Emigration Officer. Penalties for offences. Exclusion of ss. 27-38 where special licence granted to steamer. Appointment of medical officer. Requirements as to hospital accommodation. Medical examination before sailing. Medical inspection of emigrants under contract of service. No emigrant. under contract of service to embark or be received on board without permit. Time for medical inspection after embarkation. Right of Chinese medical practitioner to be surgeon of Chinese passenger ship. Modified regulations for voyage of not more than thirty days' duration Ninth Schedule. Specification of voyages of not more than thirty days' duration. Tenth Schedule. Saving as to voyages of not more than seven days' duration. Provision of depots for lodging of emigrants under contract of service. Emigrant to reside in depot three clear days before embarkation. Supervision of depots. Provision as to quantity of water to be carried. Prohibition of Chinese passenger sailing ship clearing for certain places in certain months. Power to land emigrant who is unwilling to leave port and who had been procured by fraud, etc. Punishment for improperly obtaining emigrant. Punishment of person committing breach of Part 1, etc. Prohibition of Chinese emigrant embarking otherwise than from licensed boarding-house. Licensing of boarding-houses. Power to make by-laws for boarding-houses. Furnishing return of particulars of emigrants before embarkation. Penalty for furnishing false return fraudulent shipment, etc. Furnishing photographs of certain Chinese emigrants. Employment of photographers. Punishment for personation of emigrant. Notice of Emigration Officer of intended fitting out of emigrant ship. Report to Emigration Officer of arrival of emigrant ship. Powers and duties of Emigration Officer as to fittings. Certificate of Emigration Officer. Eleventh Schedule. Prohibition of barricades and gratings. Other prohibited fittings. Seizure and forfeiture of prohibited fittings. Unlawful manufacture, etc., of prohibited fittings. Taking prohibited fittings on board, or refusal to remove the same. Case of ship leaving without certificate or with prohibited fittings. Fraudulent use of certificate as to fittings. Trial of offences. Punishments of offences. Proceedings for forfeiture of fittings. Saving of powers of Police. Protection of person acting under Part II. Prosecution to be by Attorney General. Punishment for building, etc., emigrant ship without licence. Punishment of accessory. Form and conditions of licence. Mode of application for licence. Punishment for furnishing untrue particulars. Power to revoke and cancel licence. Seizure, search, and detention of suspected ship. Twelfth Schedule. Powers of officer authorized to seize etc., ship. Petition to the Court by owner of ship seized. Citation of owners of ship seized. Thirteenth Schedule. Proceedings on petition or citation. Pleading and issues. Granting of warrant to search ship, etc. Evidence of conviction in proceeding for forfeiture, etc. Presumptive evidence of character of ship. Release of ship by the Court. Condemnation of ship. Imposition of penalty in lien of forfeiture. Costs of proceedings. Indemnity to owner ship. Sale of forfeited ship. Release of ship by Governor. Indemnity to officer seizing or detaining ship. Prosecution to be by Attorney General. Unlawful imprisonment or detention. Decoying person into or away from the Colony. Punishment for offences. Punishment of whipping on second and subsequent convictions. Penalty on stowaway. 18 & 19 Vict.c. 104 s. 18. Use of forms. Schedules. Section 112. Sections 7 & 8. Section 20. Section 20. Section 21. Prohibition of licensed steamer clearing out without regulations, etc. See Imperial Act, see. 4. Accommodation of passengers. Conditions as to carriage of deck passengers. Conditions as to provisions. Powers of Emigration Officer. Production of emigration papers at port of destination. Section 27. Section 28. Section 28. Section 31. Section 24 & 47. Prohibition of ship departing without certificate. Application for certificate and notice. Inspection of ship. Accommodation of passengers. Stowage of cargo, provisions, etc. Conditions as to carriage of deck passengers. Conditions as to provisions. Condition precedent to grant of certificate. Powers of Emigration Officer. Contract or abstract to be appended to certificate. Power to employ medical men, marine surveyors, and others. Fees of professional person employed. Fees of Emigration Officer. See Ordinance No. 16 of 1901. Power to detain ship for non-payment of fees, etc. Withholding of certificate, etc., in case of false particulars furnished. Treatment of passengers at sea. Mustering of passengers by master. Production of emigration papers at port of destination. British Consul deemed Emigration Officer where no such Officer is appointed. Regulation No. 1. Section 48. Section 69. Section 89. Section 92.
Abstract
A.D. 1889. Ordinance No. 1 of 1889, with Ordinances No. 25 of 1889, No. 22 of 1890, and No. 37 of 1901 incorporated. Short title. Interpretation of terms. 18 & 19 Vict.c. 104. Definition of voyage. Definition of voyage of 30 days. Notice of ship being laid on as Chinese passenger ship to be given to Emigration Officer. Prohibition of Chinese passenger ship proceeding to sea without licence. Time and mode of application for licence in the Colony. First Schedule. Time and mode of application for for licence at port out of the Colony. First Schedule. Vertification of particulars, etc. Power to grant general licence. Conditions, etc., of licence. Conditions, etc., of Emigration Officer's licence. Licence to specify time of departure, etc. Power to authorize labourers and servants to be engaged for person in British possession. Saving of right of Asiatic passengers to travel in first or second class cabins as other nationalities. Power to remove master or other officer. Power to revoke and cancel licence in certain cases. Breach of condition of licence. Application of penalty for breach of the Ordinance recoverable under the Act. Form of Emigration Officer's certificate, and of master's bond. Second Schedule. Third Schedule. Grant of special licence to mail or first class steamer, subject to certain regulations. Fourth Schedule. Power to annex special conditions to grant of licence. Cancellation of special licence. Specially licensed steamer relieved from other regulations. Night Schedule. Breach of regulation or condition. Penalty for impeding Emigration Officer. Prohibition of person acting as passage broker without having entered into bond and obtained licence. Fifth Schedule. Mode of obtaining passage broker's licence, and forfeiture thereof. Sixth Schedule. Seventh Schedule. Fee to be paid for licence. Duration of licence. Giving of contract ticket for passage. Eighth Schedule. Production to Emigration Officer of certificate of chartering ship for carrying emigrants. Attendance before Registrar General or Officer for purpose of delivering contract tickets to passengers. Prohibition of alteration of contract ticket. Authority of passage broker to act as agent, etc. Misrepresentation as to size of ship. Giving of notice of contract with emigrant to Emigration Officer. Penalties for offences. Exclusion of ss. 27-38 where special licence granted to steamer. Appointment of medical officer. Requirements as to hospital accommodation. Medical examination before sailing. Medical inspection of emigrants under contract of service. No emigrant. under contract of service to embark or be received on board without permit. Time for medical inspection after embarkation. Right of Chinese medical practitioner to be surgeon of Chinese passenger ship. Modified regulations for voyage of not more than thirty days' duration Ninth Schedule. Specification of voyages of not more than thirty days' duration. Tenth Schedule. Saving as to voyages of not more than seven days' duration. Provision of depots for lodging of emigrants under contract of service. Emigrant to reside in depot three clear days before embarkation. Supervision of depots. Provision as to quantity of water to be carried. Prohibition of Chinese passenger sailing ship clearing for certain places in certain months. Power to land emigrant who is unwilling to leave port and who had been procured by fraud, etc. Punishment for improperly obtaining emigrant. Punishment of person committing breach of Part 1, etc. Prohibition of Chinese emigrant embarking otherwise than from licensed boarding-house. Licensing of boarding-houses. Power to make by-laws for boarding-houses. Furnishing return of particulars of emigrants before embarkation. Penalty for furnishing false return fraudulent shipment, etc. Furnishing photographs of certain Chinese emigrants. Employment of photographers. Punishment for personation of emigrant. Notice of Emigration Officer of intended fitting out of emigrant ship. Report to Emigration Officer of arrival of emigrant ship. Powers and duties of Emigration Officer as to fittings. Certificate of Emigration Officer. Eleventh Schedule. Prohibition of barricades and gratings. Other prohibited fittings. Seizure and forfeiture of prohibited fittings. Unlawful manufacture, etc., of prohibited fittings. Taking prohibited fittings on board, or refusal to remove the same. Case of ship leaving without certificate or with prohibited fittings. Fraudulent use of certificate as to fittings. Trial of offences. Punishments of offences. Proceedings for forfeiture of fittings. Saving of powers of Police. Protection of person acting under Part II. Prosecution to be by Attorney General. Punishment for building, etc., emigrant ship without licence. Punishment of accessory. Form and conditions of licence. Mode of application for licence. Punishment for furnishing untrue particulars. Power to revoke and cancel licence. Seizure, search, and detention of suspected ship. Twelfth Schedule. Powers of officer authorized to seize etc., ship. Petition to the Court by owner of ship seized. Citation of owners of ship seized. Thirteenth Schedule. Proceedings on petition or citation. Pleading and issues. Granting of warrant to search ship, etc. Evidence of conviction in proceeding for forfeiture, etc. Presumptive evidence of character of ship. Release of ship by the Court. Condemnation of ship. Imposition of penalty in lien of forfeiture. Costs of proceedings. Indemnity to owner ship. Sale of forfeited ship. Release of ship by Governor. Indemnity to officer seizing or detaining ship. Prosecution to be by Attorney General. Unlawful imprisonment or detention. Decoying person into or away from the Colony. Punishment for offences. Punishment of whipping on second and subsequent convictions. Penalty on stowaway. 18 & 19 Vict.c. 104 s. 18. Use of forms. Schedules. Section 112. Sections 7 & 8. Section 20. Section 20. Section 21. Prohibition of licensed steamer clearing out without regulations, etc. See Imperial Act, see. 4. Accommodation of passengers. Conditions as to carriage of deck passengers. Conditions as to provisions. Powers of Emigration Officer. Production of emigration papers at port of destination. Section 27. Section 28. Section 28. Section 31. Section 24 & 47. Prohibition of ship departing without certificate. Application for certificate and notice. Inspection of ship. Accommodation of passengers. Stowage of cargo, provisions, etc. Conditions as to carriage of deck passengers. Conditions as to provisions. Condition precedent to grant of certificate. Powers of Emigration Officer. Contract or abstract to be appended to certificate. Power to employ medical men, marine surveyors, and others. Fees of professional person employed. Fees of Emigration Officer. See Ordinance No. 16 of 1901. Power to detain ship for non-payment of fees, etc. Withholding of certificate, etc., in case of false particulars furnished. Treatment of passengers at sea. Mustering of passengers by master. Production of emigration papers at port of destination. British Consul deemed Emigration Officer where no such Officer is appointed. Regulation No. 1. Section 48. Section 69. Section 89. Section 92.
Identifier
https://oelawhk.lib.hku.hk/items/show/644
Edition
1901
Volume
v1
Cap / Ordinance No.
No. 1 of 1889
Number of Pages
37
Files
Collection
Historical Laws of Hong Kong Online
Citation
“CHINESE EMIGRATION ORDINANCE, 1889,” Historical Laws of Hong Kong Online, accessed April 21, 2025, https://oelawhk.lib.hku.hk/items/show/644.