CHINESE EMIGRATION ORDINANCE, 1889

CHINESE EMIGRATION ORDINANCE, 1889

No. 1 of 1889.

To consolidate the law relating to Chinese Passenger Ships and
the conveyance of Chinese Emigrants.
[18th January, I889.]
Preliminary Provisions.

1. 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 100 miles of the coast thereof, more than
20 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
' Ship.' includes all sea-going vessels:
' Building,' in relation to a ship, includes doing any act towards
or incidental to the construction of a ship, and all words having
relation to building shall be constructed accordingly :
' Equipping,' in relation to a ship, includes 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 constructed accordingly
' Ship and equipment' includes a ship and everything in or
belonging to a ship:
'Commander or master of any ship' includes any person for
the time being in command or charge of the same:
'The Act' means the Chinese passengers Act, 1855, of the
imperial Parliament.
'Assisted emigrant ' means any Chinese male labourer who
intends to labour for hire in some place beyond the limits of the






Colony and has received assistance in the way of payment of
passage money, subsistence, or otherwise, to enable him to carry
out his intention.

3. Any Chinese passenger ship clearing out or proceeding to sea
from any port in this Colony, and any British Chinese passenger
ship clearing out and proceeding to sea from any port in this Colony,
or in China, or within 100 miles of the coast thereof, on any
voyage to any other port for the purpose of commencing at or from
any such port as last aforesaid a voyage of more than 7 days dura-
tion shall be deemed to have cleared out or proceeded to sea upon
the said last-mentioned voyage fron-i,the said first-mentioned port
within the meaning of the Act.

4. A voyage of not more than 30 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 30
days duration.

PART I.
REGULATIONS UNDER THE CHINESE, PASSENGERs ACT, 1855.
5. The owners or charterers of every Chinese passenger ship
proceeding on a voyage of more than 7 days duration, or, if absent
from the Colony, their respective 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 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 7 days duration, and the Emigration
Officer shall not grant the certificate prescribed by section 4 of the
Act, unless the mastered such ship is provided with a licence under
the hand of the Governor and the public seal, or under the hand and
seal of an Emigration Officer, to be obtained in imanner hereinafter
mentioned.

7. Whenever any Chinese passenger ship is about to proceed
to sea on a voyage of more than 7 days dnration, the owners or






charterers of such ship, or if absent from the Colony, their res-
pective 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, for the con-
veyance of such emigrants and shall furnish all particulars,
according to the form in the 1st schedule 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.

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 100 miles of the coast thereof
on a voyage of not more than 30 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 emigrant
and before any dept is opened for their reception, apply in writing
to the Emigration Officer at such port for a licence under his hand
and seal for the conveyance of such emigrants on the intended
voyage only, and shall furnish all particulars, according to the
form in the 1st schedule as to the destination of the said ship and
as to all other matters relating to the intended voyage and emi-
gration which may be required of them.

9. All such particulars shall, if so ordered, be verified upon oath
before the Emigration Officer or an Justice of the Peace, who
are hereby authorised to administer such oath ; and every person
who knowingly furnishes untrue particulars shall be liable to
imprisonment for any term not exceeding 6 months, and to a fine
not exceeding 100 dollars.

10. The, Governor may grant to any vessel a general licence for
any period, or for any number of voyages, or for voyages to and
from any specified pod or ports, on the condition tbat the vessel
provided with such licence shall carry only free passengers under
no contract of service whatever, except as bereinaf ter 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





15 dollars and to such conditions as may be prescribed under
instruction from the Secretary of State, and the Governor may
impose such conditions on the granting of any licence as he may
think expedient in each particular case, provided the same are not
contrary to or inconsistent with such instructions.

12. The granting of any licence under section 8 shall be in the
discretion of the Emigration Officer, and shall be subject to the
payment of a fee of 5 dollars and to such conditions as may 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 instrnctions.

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: Provided always that it shall be lawful for the Governor or
the Emigration Officer who granted the licence to extend such
period.

14.-(1) The Governor-in-council may authorise any person to
engage any specified number of Chinese artizans , mechanics,
labourers, or servants, for any person resident in any British
possession, and to make contacts 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 1st or 2nd class, cabin
of any vessel which is provided with a general licence, on the same
terms as passengers of other nationalities.
(2) Such passengers are hereby exempted from the necessity of
obtaining contract passage tickets or of submitting themselves to
be mustered or inspected under this Ordinance or under the Act
by any Emigration Officer, or medical 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 inore than 7 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 incompetency or mis-
conduct or for any other sufficient cause, it shall be lawful for the
Governor, by order under his hand, to direct his dismissal and
removal from the ship, and thereupon the owners or charterers
thereof, or their agents, shall forthwith disiniss and remove Such
master, mate, or other officer, and appoint another in his place, to
be approved by the Emigration Officer.

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 sbip fails to clear out and proceed
to sea within the period specified in the licence or within such
extended period as aforesaid ; or
(3) if the owners or charterers of a Chinese passenger,ship fail
forthwith to dismiss and remove any master, mate, or other officer
ordered to be dismissed and removed and to appoint another officer,
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 ship be seized and de-
tained until her emigration papers (if already granted) are delivered
up to be cancelled.

18. The breach of any condition of a licence granted under any
preceding section shall be deemed a breach of a regulation respect-
ing 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 penalties recoverable under section 5 of
the Act for the non-observance or non-performance of the regula-
tions 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 mention-
ed, the forms of Emigration Officer's certificate and of the master's
bond in the 12nd and 3rd schedules shall be substituted 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 15 dollars ,grant a special licence for any period not
exceeding 12 months, or for any number of voyagesto be per
formed within 12 months, to any steamer which is regularly
employed in the conveyance of public mails under an existing
contract with the Government of any foreign State or Colony, or
to any other steamer which is approved by the Governor as a first
class steamer.

(2) Such special licence shall authorise the steamer named therein
to carry a limited number of free Chinese passengers on voyages of
not more than 30 days duration between ports to be specified in the
licence, under and subject to the regulations contained in the 4th
schedule.

(3) The number of passengers to be carried shall be inserted in
the licence , and shall in no case exceed one passenger for every 10
tons of the registered tonnage of such steamer.
[s. 21a,- No. 13 fof 1904- rep. No. 8 of 19.12.]

22. The Governor may annex any special conditions to the
granting of any such special licence 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. Such special licence may at any time be cancelled by the
Governor in his discretion.

24. Every steamer to which a special licence is granted shall,
during the continuance of such Iicence, be relieved from the
regulations contained in the 9th schedule, but notbing herein con-
tained shall be decined to relieve such steamer from the operation
of any part of the Act, except the regulations contained in schedule
A thereto.

25. The breach of any reguIation contained in the 4th scbedule,
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
execution or performance of any of the powers or duties vested
in, or imposed upon him by this Ordinance, shall, on summary
conviction, be liable to a fine not exceedinn, 500 dollars for each
offence for which no other punishment is provided.

Einigration Passage Brokers.
27.-(1) No person shall act as a passenger broker or in pro-
curing passengers for, or in the sale or letting of passages in, any
Chinese passenger ship proceeding on a voyage of more than 7
days duration unless be has, with two sufficient sureties, to be
approved by the Emigration Officer, entered into a Joint and
several bond in the sum of 5,000 dollars to His Majesty , according
to the form in the 5th schedule, which bond shall be renewed on
each occasion of obtaining such licence as hereinafter mentioned,
and shall be deposited with the Eimgration Officer; nor unless
such person has obtaining such 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 wisbing 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 authorised, if he
thinks fit, to grant such licence according to the form in the 6th
schedule: Provided always that no such licence shall be granted
unless such bond as is mentioned in the last section has been first
entered into : Provided, also, that any Magistrate who adjudicates
on any offence committed by such broker against this Ordinance
is hereby authorised 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 7th schedule, 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. Ever person obtaining such licence as aforesaid shall pay
to the Einigration Officer before it is issued a fee of 200 dollars.

30. Such licence shall, unless forfeited, continue in force until
31st December in the year in which it is granted, and for 14 days
afterwards.

31.-(1) Every passage 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 contact ticket, under the hand of such
passage broker and stamped until his seal or trade mark.
(2) Each ticket shall be printed in a plain and legible type,
according to the form in the 8th schedule, and shall be accom-
panied 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 of 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 authorised to receive





payment for such passage or for the sale or letting of the accom-
modation in such ship; and such certificate shall be filed in the
office of the Emigration Officer.

83. On every occasion of the delivery to any passenger of such
contract ticket as aforesaid, the passage broker who has engaged
to provide such passenger with a passage shall,-
(1) in the case of every male passenger whole is an assisted
emigrant or under the age of 16 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 con-
tract 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 or she under-
stands where he or she is going and that he or she is not acting
under compulsion or being influenced to emigrate by false repre-
sentations: and,
(2) in the case of every other passenger, attend with him at
---the office of the Emigration Officer, in whose presence the con-
tract 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 be is going and that he is not acting under compulsion or
being influenced to emigrate by false representations.
Provided that whenever it may appear desirable the Governor-
in-Council shall have power to direct that the provisions of sub-
section (2) may be dispensed with in the case of passengers
travelling to any British Possession.

34. No person shall fraudulently alter or cause to be altered,
after it is issued, or shall induce any person to part with, or render
useless, or destroy, any such contract ticket, during the con-
tinuance of the contract 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 Emigration Offer, refuse or fail to exhibit
his licence and such written authority.




26. No person shall, by any fraud, or by fulse representation as
to the size of the shilp 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
intending 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 compliance
with, the provisions of sections 27, 31, 32, 33, and 34,shall be heard
and determined in a summary way, and the following penaties shall
be imposed for every, offence-
(i) against section 27, a fine not exceeding 400 dollars
(ii) ,, ,, 31, ,, ,, ,, 50 ,,
(iii) ,, ,, 32, ,, ,, ,, 100 ,,
(iv) committed by a passage broker against section 33, a fine
not exceeding 100 dollars; and
(v) against section 34, a fine not exceeding 50 dollars.

39. Sections 27 to 38 shall not apply where a special licence has
been granted under section 21 to any steamer.

Hospital accommodation and Medical inspection.
40. The Governor is hereby authofised to appoint a medical
officer whose duty it 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.

41.-(1) In every Chinese passenger ship, except ships about
to proceed on a voyage of not more than 30 days duration so
declared under the Act, 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-bonse, or in any deck-house which is pro-
perly 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 dimensions than 18 clear superficial feet
for every 50 passengers whom the ship carries.
(2) Everysuch hospital shall be fitted with bed places and
supplied with proper beds, bedding and untensils to the satisfac-
tion of the Emigration Officer at the port of clearance, and shall
throughout the voyage be kept so fitted and supplied.
(3) In the measurement or 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 7 days duration, until the
medical officer has certified to the Emigmtion Officer, and the
Emigration Officer shall not grant his certisficate unless he is
satisfied, that none of the passengers or crew appear, by reason
of any bodily or mental disease, unfit to procced or likely to
endanger the health or safety of other persons about to proceed
in such ship.

(2) A medical inspection of the passengers for the purposes of
giving such certificate shall take 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, charterer of the ship shall pay to the
Emigration Officer as sum at the rate 50 dollars for every hundred
persons so examined.

43. The medical inspection of emigrants under contracts of ser-
vice shall take place on shore before embarkation as well as on
board the ship after embarkation, and the Emigration Officer shall
not grant the certificate required by the Act unless he is satisfied
that such double inspection has been duly made or has been dis-
pensed with by the sanction of the Govemor.
44. the medical inspection of emigrant under contracts of
service to embark in any Chinese passenger ship, or for the master
or other person on on board of a chinese passenger ship to permit
any such emigrant to embark therein, unless such emigrant pro-
duces an embarkation perimit from the Emigration Officer, who





shall not grant the sarne unless he is satisfied that such emigrant
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 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 Principal Civil Medical Officer, shall be eligible,
with the approval of the Governor, for the office of surgeon of a
Chinese passenger ship for the purposes of the Act or of this
Ordinance.

Regulation for voyages of not more than 30 days duration.
47. All Chinese passenger ships clearing out or proceeding to
sea on voyages of more than 7 and not more than 30 days duration
shall be subject to the modified regulations contained in the 9th
schedule, which as regards such ships shall be subtitute for those
contained in schedule A of the Act, but nothing in this section
shall be deemed to relieve Chinese passenger ship from the opera-
tion of the Act, except so far as the same is by the said schedule
expressly modified.
[ ss, 48, 49, rep. No62 of 1911]

Depots for emigrants under contract of service
50.(1)The owners or charterers of every Chinese passenger
ship which is about to convey einigratits under contracts of service
shall, as soon as such ship is laid on for the conveyance of such
emigrants, provide dop6ts, to be approved of by the Emigration
Officer, wherein every intending emigrant by such ship 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 the Governor, every intending emigrant
by such Chinese passenger ship shall reside in such depot 3 clear
days at least previously to his embarkation.

As amended by No. 51 of 1911.
As Ltnended by So. 5( of 1911 and No. 6.3 of 1911.
As arnended bv No. 19 of 1911, ',\o. 62 of 1911 und No. 63 of 1911.
v





52. Every sucb dep6t as aforesaid shall be under the supervision
of the Emiration 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 alloved to all persons to and from such dep6t from 6 a.m.
to 6 p.m

53. All (rders of His Majesty in Council rebiting to the quantity
of water to be carried by passenger ships having a certain descrip-
tion of condensing apparatues shall apply to chinese passenger
ships.

54. No Chinese passenger ship, except a vessel propelled by
steam, bond 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 from April to September
inclusive.
55(1)It shall be lawful for the Officer, at any
time where he is satisfied that any emigrant who is unwilling to
leave the port has been obtained by any fraud, violence, or other
improper means to land such emigrant and procure him a passenger
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
recoverable by the Emigration Officer before any Magistrate from
the emigration passengerbroker of the vessel in which such emigrant
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
contract for foreign service with any such man or boy, knowing
the same to have been by force or fraud taken and obtained as
hereinbefore meiitioned,
shall be guilty of felony, and shall be liable to iniprisonment for
any term not exceeding 7 years.

* As aniended by No. 51 of 1911.
4 As amended by No. 63 of 1911.
'As arnended by No. 30 of 1911.





57. The owners or of chartered of any Chinese passenger ship, and
any emigration passage, broker, and any intendingemigrant by
a Chinese passenger ship, and any master or other person. in
charge of a Chinese slip, vwho fails to colply 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 prejdice to any
other proceeding civil or criminal be liable, on simmary con-
viction, to a fine not exceeding 500 dollars, or to imprisonment
for any term not exceeding 6 nionths.


58. No assisted emigrant, shall, without the sanction of the
Registrar General, be permittled to embark in the colony (other
than as a Ist or 2nd class passenger) in any Chinese, passenger
ship on a voyage of more than 7 days duration unless he has been
lodged in a boarding-house licensed under this Ordinance during
a, period of not less than 48 hours previous to the examination by
the Registrar General.

59.(l.) It shall 'be, lawful for the Regristrar General to licensd
a sufficient, number fit and proper persons to keep Chinese
hotels and boarding-house for assisted emigrant
(2) Every such license shall be granted for such period, not
exceeding 12 nionths, and on payment of such fee and on such
terms and conditions as may be prescribed by anyy by-laws to be
made under the next section.
(3) Every boarding-house keeper licensed under this Ordinance
shall enter into a bond in the sum of 1,000 dollurs, with two
sufficient sureties to be approved by the Registral GeneraL, for
the due observance of such term and conditions.



60. It shall be lawfol for the Governor-in Council to make by
laws for the liecsing,and regulation and sanitary maintenance of
such Chinese hotels or boarding-houses, and by such by-laws to
require such register or other books to be, kept as he may deem
expedient, with regard lo all visitors to Chinese hotels or boarding-


As anionded by No. 30 of 1911 and No. 21 of 1912.
As amended by No. 4 of 1908 and No. 62 of 1,911.
As amemided by No. 4 of 1908 and No. 50 of 1911.
As atliended by No. 4 of 1908, No. 51 of 1911, No. 62 of 1911, Nu.
03 of 1911 and No. 21 of 1912.





houses and to assisted emigrants ; and every person who commits
a breach of any such by-law shall, on summary conviction, be,
liable to a fine not exceeding 100 dollars.

61-(1) In the case of every assisted cinigrant who is an
inmate of a, boarding-house who has declared to the. keeper thereof
his intention of emigration such keeper shall supply The Registrar
General with a return giving the number, names, and descriptions
of all such assisted emigrant the name of the Chinese passenger
ship by which they intend to proceed, and such further particulars
concerning the said assisted emigrants as the Registrar General
may dircet.
(2) Such return must be. supplied at least 24 hours before the
examination by the Registar General and shall be in such form
as he may direct.

62.-(1) The keeper of any boarding-house who knowingly
furnishes any false or incorrect, return. or other particulars required
by the last section, or who obtains or attempts to obtain by fraud,
intimidation, or force, the shipment of any Chinese emigrant or
intending -,emigrant, and every person who aids or abets such
keeper in doing, shall, ori surninary conviction, be liable to a
fine not exceeding 500 dolhirs, or to imprisoninent for any term
not exceeding one year.
(2) Any such keeper and his suireties shall also bc liable. to the
enforcement of his and their bond, and the license of such keeper
may be suspended by the Registrar General.

63. The keep er of every licensed boarding house from which
any assisted'emigrant 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 Registrar 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 emigraants, 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, occupa-
tion, and such other partictilars as may be reqired by the
Registrar General.

As arnended by No. 4 of 1908 and No. 63 of 1911.
+ Asarnended by No. 30 oi 1.911', No. 50 of 1911, No. 62 of 1911,
No. 63 of 1911 and No. 21 of 1912.
As ainended by 4 of 1908 and No. 50 of 1911.






In the case of male emigrants under the age of 16 years and
of all female emigrants, the photographs and the other particulars
specified in this section shall be furnished to the Registrar General
by the passage broker who has contracted to provide the passage.

64. It shall be lawful for the Registrar General to employ a,
Certain number of fit and photographers to furnish the
photographs required by section 63

65. Every person who falsely and deceitfully personates,.or aids
and abets in falsely and deceitfully personating,an emigrant or
intending emigrant at any attendance before or examination by'
the Emigration Officer or the Registrar General' required by any
law or regulation for the time being in force relating to Chinese
emigration, shall bc guilty of a misdemeanor, and.shall, on sum-
mary conviction, be liable to a fine not exceeding 250 dollars, and
to imprisomment for any term not exceeding 6 months.

PART 11.
EMIGRATION FROM PORTS OUT OF THE COLONY.
66. Before beginning to fit 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 case 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.

61. The master of every ship arriving within the waters of the
Colony and which is fitted out for the conveyance of Chinese
emigrants shall, within 24 hours, report the same to the Emigra-
tion Officer; and in case he neglects to do so, he shall be guilty
of an offence.

As ainended by No. 4 of 1908,
As amended by No. 80 of 1911.
As ainerided by No. 62 of 1911.





68.-(1) The fittings of every ship mentioned in sections 66
and 67 shall be subject to the appioval of the Emigration. Officer,
who is hereby empowered at all reason able 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 im-
pede the Emigration Officer in the execution of this duty shall be
guilty of an offence.

69.-(1) No such ship shall clear out or preceed to sea until the
master thereof has received from the Emigration Officer a certi-
ficate in the form in the 11th schedule.
(2)Every such certificate shall be liable to a atttemp duty of
25 dollars.,

70. All barricades and gratings apparently intended to be used,
or which are capable of being used for the purpose of confining
Chinese emigrants below decks or within any particular part of a
ship, 'Shall be deemed to be, prohibited fitting.

71. It shall be lawful for the Governtor by proclaimation to pro-
hibit the use or carriage in any ship of any other fittings therein
specified.

72. All prohibited fittings wherever found within the Colony
shall be seized and shall be forfeited in the inanner hereinafter
mentioned.

73. Every person who, without lawful excuse, manufactures,
purchases, sells, or has in his possesion any, prohibited fittings
shall seized guilty of an offence.

74. The owner, agent, or master of any ship intended for the
conveyance of Chinese emigrant to be embarked at any port or
place out of the Colony who knowinglyany 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 guilty of an offence and, in addition to

* As amended by No. 4 of 1908 ind No. 62 of 1911.
+ As atnended by 'No. 50 of 1911.
As amencl,-,(] by No. 50 of 1,911 and No. 62 of 1911.
; As amended by No. 02 of 1911.





the punishment hereinafter prescribed, all such last-mentioned
fittings shall, in case of such refusal as aforesaid, be seized
forfeited as in the case of prohibited fittings.
75. If any such ship leaves or attempts to leave. the
the Colony without the certificate required by section 69 or leaves
or attempts to leave the waters of the Colony having on board
any prohibited fittings or any fittings which the Emigration Officer
has ordered to be removed or any other fittingsof a similar than
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
ro attempting to leave as aforesaid , shall be guilty jof an offence
and , in addition to the punishment hereinafter prescribed , all such
fittings shall be seized and forfeited whether the same are pro-
hibited fittings or not.
75. every person who-
(1) makes or attempts to make any frandulent use fo a certifi-
cate granted under section 69;or
(2) forges , counterfeits , alters ,or erases the whole or any part
thereof ; or
(3) uses or attempts to use any spurious or fraudulent certifi-
cate ,
and every person aiding and abetting in such offence , shall
liable to the prunishment hereinafter prescribed .
77. all cases of violation or disobedience of or default in con-
pliance with the provisions of sections 66 to 76 , may be hear
and determined summarily by two Magistrates: Provided that
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 sections 66, 67 , 68,73,and 74, a fine not ex-
ceeding 500 dollars , or imprisonment for any term not exceeding
6 months ; and
(2) against section 75 or section 75 or section 76, a fine not exceeding 1,000
dollars or imprisonment , for any term not exceeding one year


79. The Supreme Court and the said two Magistrates shall have
full power adn 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; and no fittings seized under this
Ordinance shall be deemed to be forfeited 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.

[s. 81, rep. No. 31 of 1911.]

82. No proceeding shall be instituted for any offence against the
provisions 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 to grant licences, in
manner hereinafter provided and to such persons as he thinks fit,
to do any of the acts following-

(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 coveyance of Chinese emigrants to be
embarked at any port or place out of the Colony; or

(2) to fit out, man, equip, let or take 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 manner aforesaid; or

(4) to make any advances of money to any ship, or to become
security for such advances, with intent or knowledge, or having
reasonable cause to believe, that the same will be employed in
manner aforesaid; or

(5) to 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 emigrants 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 subsections
(1) and (2) 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 conditions of such licence if
granted, he shall be liable to imprisonment for any term not
exceeding 2 years, or to a fine not exceeding 2,000 dollars; further,
the ship in respect of which any such offence is committed and
her equipment shall, if within the waters of this Colony, be
forfeited.

84. Every person who aids, abets, counsels, or procures the
commission of any offence against the last 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, and shall be subject to
the payment of such fee and to such condition 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 shall be transmitted through the
Emigation Officer, and the owner, agent, or master of the ship
in respect of which any such licence is applied for shall furnish
all particulars as to the destination of the ship and as to all matters
relating to the intended voyage and emigation 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 furnishes untrue particulars shall be liable to imprisonment
for any term not exceeding 6 months, and to a fine not
exceeding 100 dollars.
88. If it appears to the satisfaction of the Governor, at any
time before 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 been 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.

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 83, or that any other offence against the said
provisions has been committed, rendering the ship liable to forfeiture,
may issue a warrant in the form in the 12th schedule;
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 officer so authorised to seize, search, and detain
any ship under the last section may, for the purpose of enforcing
such seizure, search, and detention, call to his aid any officer of
police, and may apply for assistance to any officer of His Majesty's
Army or Navy or Marines, or to the Harbour Master or any officer
having authority by law to make seizeures 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 authorised as aforesaid may use force,
if necessary, for the purpose of enforcing such seizure, search,
and detention; and if any person is killed, maimed, or hurt by
reason of his resisting such officer in the execution of his duties
or any person acting under his orders or at his requiest, such officer
so seizing, searching, and detaining the ship, or other person, shall
be freely and fully indemnified as well against His Majesty as
against all persons so killed, maimed, or hurt.
91. The owner of the ship so seized and detained or his agent
may apply by peitition 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 13th schedule, to appear
before the Supreme Court to show cause why the ship should not
be condemned and forfeited for breach of the provisions of sections
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 or
their agents in the Colony in obedience to a citation to show cause
why the same should not be forfeited, the Court shall proceed to
inquire into the matter and to make such orders as may be necessary
to put the matter of the seizure and dentention of the ship in
course of trial between the owner and the Crown.

94. The Court may direct a written statement of defence or any
additional pleading to be filed, and may receive evidence orally
or by affidavit or partly orally and partly by affidavit, any 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 facts, 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 authority jurisdiction.

95. The Court may also, during or before the said proceedings,
grant warrants for the entering and searhing 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 examine 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 proceedings 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 proceedings are taken against
the offender.

97. The fact of a ship being apparently fitted and equipped,
or in course of being fitted and equipped, within the waters of the
Colony, for the conveyance of Chinese emigrants shall, if the
owner, agent, or master 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 emigrants to be embarked at some part 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 satisfaction 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 restored to the owners thereof or their agents.

99. If, on the hearing of the 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 forfeited.

100. It shall be lawful for the Court to impose 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 proceeds 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 payment of damages and costs in respect of the
seizure or detention, the amount thereof to be assessed by the
Court.

(2) Any amount so assessed shall be payable out of the general
revenues of the Colony.

103. Every ship forfeited 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.

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, on the owner or agent giving
security, to the satisfaction of the Governor, that the ship shall
not be employed contrary to section 83, or he may, if he thinks
fit, release the ship without such security.

105. Subject to the provision of section 102, no damages shall
be payable, and no public officer or other person acting under
his order or at his request shall be responsible, either civilly or
criminally , in respect of the seizure or detention of any ship in
pursuance of section 89.

106. No proceeding, 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 or
section 84, except at the suit or prosecution or with the consent
of 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 emigration or for any other purpose whatsoever, shall
be guilty of a misdemeanor.
108. Every person who, by force, intimidation, or fraud,
brings, leads, takes, decoys, or entices any man or boy into or
away from the Colony, for the purpose of emigration or for any
other purpose whatsoever, shall be guilty of a misdemeanor.

109. Every person convicted of any offence against the provisons
of section 107 or section 108 shall be liable to imprisonment for
any term not exceeding 2 yeras: Provided always that if the case
is determined by a single Magistrate, he shall not impose a heavier
sentence than one year's imprisonment, and that, where there
appears a necessity for a heavier sentence, the case shall be determined
by two Magistrates, or, in their discretion, committed for
trial at the Supreme Court.

110. Whenever any person is convicted, either summarily or
before the Supreme Court, of any offence against the provisions
of section 107 or section 108, if it is proved that the offender has
been previously convicted, either summarily of before of the Supreme
Court, of an offence against the provisions of either of the said
section, it shall be lawful for the Court to direct that, in addition
to the punishment hereinbefore prescribed, the offender, if a male,
shall be flogged.

[s. 111, rep. No. 5 of 1903 as amended by No. 13 of 1911.]

112. The forms in the schedules or forms to the like effects, 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.

FIRST SCHEDULE.

PARTICULARS REQUIRED ON APPLICATION FOR A LICENCE FOR THE [SS. 7, 8.]
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 station 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 station at or
near such Port or Place with the object of taking on board
any cargo and/or Passengers




If not, thell with what object .............................................
Proposed date, of departure from Hongkong ...........................
Name of Master ............
Names and address of the, Shipowners .................................
Names of Charferers ..............
Names of Agents .............
Free .........
Number of Chinese Passengers to be ............. under contract of
service*......
1, the undersigned, hereby apply for a Lieonee under Section 6 [or Section 8, as the
case way be,] of the chinese emigration ordinance, 1889, for ....and I so
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 ,19.

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.

SECOND SCHEDULE.

FROM OF EMIGRATION OFFICER'S CERTIFICATE. [ s. 20.]

1, A.B, Emigration Officer for the Colony of Hongkong , do hereby certify as
follow:-
1. that the chinese passenger ship ,A.B., master, is specially
licensed under the provisiom of the Chillese 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 fo , 19.


(Signed.) Emigration Officer.

THIRD SCHEDULE.
FORM OF BOND TO BE GIVEN BY THE MASTER FO A CHINESE PASSENGER
SHIP HOLDING A SPECIAL LICENCE [s. 20.]
Know all men by these presents that we,A.B., of , and C.D.,
of , are held and firmly bound unto our sovereign lord
Britian , to be paid unto our said sovereign Lord the King , His Heirs and successors;
tt which payment well and truly to be made we bind ourselves and every of us jointly
every of them , firmly by these presents scaled with our seals.






Dated this day of , 19 .

Whereas by the Chinese Passengers Act. 1835, it is enacted that, before any;
Chinese passenger ship shall clear out or procced 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 His Majesty, His Heirs
and Successors' in the sum of one thousand pounds:

Now the condition of this obligation is that if ( in respect of the steamship'
' whereof is master) all and every the requirements of the
said Chinese Passengers Act, 1855, and fo 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
re a British subject]* then this obligation to be void , otherwise to remain in full
size 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.

FOURTH SCHEDULE.
REGULATIONS FOR LICENSED PASSENGER STEAKMERS [s. 21.]
1. No steamer licensed undeR this Ordinance shall clear out or pro-
ceed 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 2nd schedule to the Chinese Emigration Ordinance,
1889, which copy and certificate with any documents to be attached
thereto, shall be signed by tbe Emigration Officer, nor until the
master has, with two sufficient sureties to be approved by the Emigra-
tion officer, entered into a joint and several bond in the sum of one
thousand pounds to His Majesty , his heirs and successors , in the form
contained in the 3rd Schedule to tho Ghinese Emigration Ordinance,

2. The following conditins as to the accommodation of passengers
shall be observed-
(1) the space appropriated to the passengers between decks shall
be prnperly ventilated and shall contain at the least 9 superficial and
54 cubical feet of space for every adult on board , that is to say , for
every passenger above 12 years of age and for every two passengers
between the ages of one and 12 Years; the height between decks shall
be at least 6 feet;
(2) the accommodation for female passengers between decks shall
be separate from that provided for male passengers;
(3) a space of 4 Superficial feet per adult shall be left clear on the
upper deck for the use of the passengers ; and
(4) a reasonable space shall be set apart as a sick bay, and sufficient
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 be prescribed under instructions from one of
His Majesty's Principal Secretaries of state , and, until and subject
to such instructions , on the conditions following:-

(1) a suitable awning ,with screen shall be provided on deck ,
sufficient for the protection of the passengersfrom 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 12 years of age and for every two passengers
between the ages of one and 12 years; and
(3) in case deck passengers are carried in addition to other passen
gers for whom accommodation between decks is provided, the space
to be appropriated for deck passengers shall be reckoned exclusively
of the space of 4 sperficial feet per adult required to be left clear
on the upper deck for the usc of such other passengers.

4. The following conditions as to provisions shall be observed:-
Provisions, fuel, and water shall be Placed on board, of good quality,
properly packed, and sufficient for the use and consumption of the
passengers, over and above the victualling of the crow, during the
intended voyager 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 condiments 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 least 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 requirer the master or any other
penson to produce the licence and the ship's papers for his inspection,
and, if he thinks necessory after inspecting the ship's papers, he may
muster and unspect 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 authorised 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 the passengers in excess of the legal
number are landed or until the condition of the licence or the re-
gulation in question is fully complied wich, and he Shall forthwith
report the circumstances to the Governor.







6. The master of every British ship shall, on demand, produce his
emigration papers to the British Consul at any port to which the
licence extends, or, in case,
to any officer appointed or authorised by the local Government in
that behalf.

FIFTH SCHEDULE.
FORM OF EMIGRATION PASSACE 1 BROKER's ANNUAL BOND WITH TWO
SURETIES TO BE APPROVED BY THE EMIGRATION OFFICER. [S.27.]
Know all men by these, that we, A.B.,* of ,C.D., of
and E.F., of ,are held and firmly bound unto our Sovereign Lord the
King in the sum of five thousand dollars, to be paid to Our said Sovereign Lord the
King, His Heirs and Successors; to which payment well and truly to be made we
bind ourselves, and every of us Jointly and severally, our heirs, executors and ad-
ministrators, and the heirs, executors, and administators of each of us, and each
and every of them, firmly by these presents, scaled our seals.

Dated this day of .19.

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 emigrant ship, or shall be in anywise concerned in the sale or
letting of passages in any such 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 His Majesty, His Heir 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 the 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 same relate to passage broker and further, shall well and truly pay
all fines, forfeitures, and penalLies, 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 ad-
judged to pay under or by virtue of any of the provisons 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, scaled, and delivered,
by the above-bounden A.B., C.D.,
and in tho presence of].

Insert personal and family names in full, with the occupation and address of
each of the parties.
Insert the names and addresses in full of the witnessed.


SIXTH SCHEDULE,
FORM OR EMIGRATION PASSAGE BROKER'S LICENCE. [S.28]
A.B.,* of having shown, to the satisfaction fo me the undersigned, that
he has given bond to His Majesty, as by the chinese Emigration Ordinance, 1889,
is required: I, the undersigned, do hereby license and authorise the said A.B., to
carry on the business of a Passage broker in Hongkong, in respect of passengers on
board emigrant ships proceeding from Hongkong , until the end of the present year
and fourteen days afterwards, unless this licence 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 seal this day of .19.
[L.S.] (signed.) Emigration officer.







The personal and fimily names in full of the person applying for the licence,
with his address and trade or occupation, must be correctly inserted.





SEVENTH SCHEDULE.
FORM OF NOTICE TO BE GIVEN TO THE EMIGRATION OFFICER Or,
THE FORFEITURE OF A LiCENCE. [s. 28]

Hongkong,

Sin,-This is to give you notice that the licence granted on the day of
19 , to A.B.,* of to act as an Emigration Passage Broker, was
on the day of 19 , duly declared by me [or us]
the undersigned justice [or Justices] of the Peace to be forfeited.
(sign)
To the Emigration Officer,

Victoria, Hongkong.

*The personal and family names in fill, with the address and trade or occupation
of the party, to be here inserted.
Here state severally the reasons of forfeiture.

EIGHTH SCHEDULE.

Foum OF CONTRACT PASSAGE TiCKET. [s 31.]
I herelly engage that the Chinese named at foot hereof shall be provided with a
passage to, and shall be landed 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 accommodation [or, in ease of a ship wider section 47, 54
cubic feet and 9 superficial feet] and shall be victualled according to schedule A to
the Chinese Passengers Act, 1865, 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 ,19.
(Signed.) Passage Broker.

I hereby certify that I have explained and registered the above contract passage
ticket.

Victoria, Hongkong, the day of ,19.
(Signed.) Emigration Officer.

Note.-Should the ship not be able to proceed on the proposed voyage,
a passage is to be provided in some other vessel licensed for the conveyance of chinese
passengers.

NINTH SCHEDULE.
REGULATIONS RESPECTING CHINESE PASSENGER SHIPS PROCEEDING
ON VOYAGES OF NOT MORE THAN THIRTY DAYS DURATION. [ss. 24 & 47.]
1. No Chinese passenger ship shall clear out or proceed to sea on
a voyage of more than 7 days duration unless the master thereof
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 hond prescribed by section 4
of the Chinese Passengers Act, 1855, of the Imperial Parliament.

2. No. Emigration Officer shall be bound to give such certificate
until 7 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 conveyance
of Chinese emigrants.

3. After receiving such application , the Emigration Officer, and
any person authorised by him in that behalf, shall be at liberty at
all times to enter and inspect the ship, and the provisions,
and stores therein; and any person impeding stich entry or inspection,
or refusing to allow the same , shall be liable to a find not exceeding,
100 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
9 snperficial and 54 cubic feet on the lower between decks and 18
superficial and 126 cubic feet of space on the lower between decks
for every adult on board, that is to say, for every passenger above
12 years of age and for every two passengers between the ages of one
and 12 years; and that the height between decks is at least 6 feet;
(3) that the accommodation for female passengers between deeks
is separate from that provided for male passengers;
(4) that a space of 4 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 part's of the Ship.

5. No part of the cargo or of the provisions , water, or stores shall
be carriod on the upper deck, or on the passenger decks , unless , in
the opinion of the Emigration officer, the same, is, so placed as not
Ao impede light or ventilation or to interfere with the confort of the
passengers nor unless the same is stowed and secured to the, satisfac-
tion of the Emigration Officer;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 pas-
sengers is regulated.


6. The Emigration Officer may, in his discretion , permit deck pas-
sengers to be carried, on such conditions as may be prescribed under





instructions from one of His Majesty's Principal Secretaries of State,
and, until and subject to such instructions, on the conditions follow-
ing:-
(1) a suitable awning with screen shall be provided on deck sufficient
for the protection of the passengers from the sun and from rain;
(2) the space appropriated to such deek passengers shall contain
at the least 16 superficial feet for adult, that is to say, for every
passenger above 12 years of age and for every two passengers between
the ages of one and 12; and
(3) in case deck passengers are, carried in addition to other pas-
sengers for whom accommodation between decks is provided, the
space to be appropriated for deck passengers shall be reckoned ex-
clusively of the space of 4 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 satisfaction of the emigration officer:-
(1) provisions, fuel, and water shall be placed on board,of good
quAty, properly packed, and sufficient for the use and consumption
of the passengers, over and above the victualling of the crew, during
the intended voyage, according to the following scale:-
For every passenger per diem not less than-
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
pumpkins...........1 1/3lbs.
Firewood .......2 do.
Water (to be, carried in tanks or sweet cashs) ......... 1 gallon.
(2) the last 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 way 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 Ernigration Officer shall not give his certificate unless he is
satisfied:-
(1) that the ship is seaworthy, clean, and properly manned, equip-
ped, 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 goed quality, properly packed,
and sufficient in quantity to supply the, passengers on board, during
the intended voyage;





(3) that all the requirernents of the Chinese emigration Ordinance,
1880, have been complied ;and
(4) that the intending passengers who are males under the age
of 16 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 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 sbip's papers, he may
muster and inspect the Chinese passengers.

10. Where the intended passengers or any of them are under con-
tract of service, the Emigration Officer shall take core that a copy of
the form of any such contracts, or an abstract of their substance,
signed by himself, is appended 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 practitioner, master
mariner, marine surveyor, or other person whose professional assist-
ance 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 obtain-
ing such assistance and advice shall be defrayed by tbe owners or
charterers of the ship, whether the Emigration Officer grants his cer-
tificate or not.

12. The Emigration Officer shall from time to time fix a reasonable
scale of fees and charges, to be approved by one of His Majesty's
Principal Secretaries of State, for the remuneration of any professional
persons who may be employed by him under the last Regulation,
and pending the approval or dispproval of such scale, the fees and
charges therein specified shall be payable, as if the same had been
approved in manner aforesaid.

1 13. The owners or charterers of every ship shall pay such fees for
the remuneration of the Emigration Officer as may be ordered under
instructions from one of His Hajesty's Principal Secretaries of State,
and, until and subject to such instrtuctions, the following fees shall
be payable in addition to all fee and ehargos payable under the last
Regulation:
(1) upon every applicatlon 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 pert the fee shall be only $12.50: Provided,
also, that he fees shall bo payable to the Emigration Officer of this
Colony, but in lieu thereof the following stamp duties are hereby
imposed : -
(.1) upon every application for a certificate under Re-
gulation 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 casc default is made by the owners or charterers of the
ship in the payment of any fees, cost, 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 Colony 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 tline before the departure of the ship, if it appears,
to his satisfaction, that any particulars contained in the applicatiom
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 certificite, if already granted,
has been delivered up to be cancelled.

16. The master of every British chinese passenger ship shall ,
during the whole of the intended voyage, make issues of provisions
fuel, and water, according to the aforesaid dietary scale, to all the
passengers except such as have supplied themselves therewith, and
shall not make any alteration, except for the manifest advantage of
the passengers, in respect of the space allotted to them as aforesaid
or in respect of the means of ventilation, and shall not ill-use the
passengers or require them (except in case of necessity) to, help in
working the ship; and shall, in cases where a medical Officer is not
carried, issue, medicines and medical comforts, as may be requisite,
to the best of his judgment;and shall call at such ports as may be
mentioned in the emigration officer's clearing certificate, for fresh
water and other necessaries ; and shall carry the passengers without
unnecessary delay to the destination to which they have contracted
to proceed.

17. Before the arrival of any British Chinese passenger ship at the
port for which the passengers have embarked , thte master shall cause
the passengers to be mustered for the purpose of ascertaining that
there are none on board who are not in possession of an emigration
contract ticket and included in the Emignation Officer's certificate





and detailed 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 24 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 His Majesty's dominions, then
the master of every Chinese passenger ship shall produce the said
papers to any officer appointed or authorised by the local Government
in that behalf.
(2) It shall be lawful for such Consul or other officer to 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
fails to produce his emigration papers as aforesaid, he shall be liable
to a fine of 500 dollars, and the ship may be detained by the British
Consul, or, if in His Majesty's dominions,by the local Government,
until 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 time during the vacancy of such office, be deemed to be the
Emigration Officer for the purposes of these Regulations.

SCEDULE. [Reg. 1]

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 Chinese, Emigration Ordinance, 1889, and that the said ship
is authorised to proceed to sea from the port of for the port of ;

(2) that the ship is authorised to carry adults and that there are on
board passengers [ if any are deck passengers add: of whom
are deck passengers] , nothing in all adults, namely, men,
women, . male children, and female children, such chilrden 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 passengers is
as follows :-on the upper deck superficial feet, heing, [describe space]
and in the between decks superficial feet, being [describe space];
(5) that the ship is seaworthy, and properly manned, equipped, fitted, lighted, and
ventilated and has not on board any cargo likely, frorn itq quality, quantity, or mode
of stowage, to prejudice the health or safety of the passengers. The means of
ventilating the passengers' accommodation betweendecks are as follows :-[describe
space];
(6) that suitable medicines and medical stores, provisions, fuel, and water have
been placed on board, of good quality, properly packed, and sufficient in quantity to
supply the passengers on board during the intended






(7) that all the conditions and requirements of the said Ordinance have been duly
complied 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 whicb are annexed to this certificate)
and consider thern reasonable; and that no fraud appears to have been practised 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 Registrar General; and

(10) that the master of the ship is to put into for water and fresh
vegetables.
Dated the day of , 19.

(Signed.) .A.B.,
Emigration Officer at the Port of
N.B-Where none of the passengers are emigrants under contracts of service, the
following paragraph shall be substituted for paragraph (8) :-

(8) That the whole of the said passengers are free passengers, under no contract of
service whatever.

[TENTH SCHEDULE,-rep. No. 62 of 1911.]

ELEVENTH, SCHEDULE.

FORM OF WARRANT . [S. 89.]

I, A. B., Emigration Officer of Hongkong, do hereby certify that I have inspected
the fittings of the ship , of which master, bound for
, and that there are no prohibited or objectionable fittings on board.

Dated at Hongkong, the day of ,19.

(Signed.) A.B.
form or warrant . [s. 80.]
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, tberefore, to command you, in His Majesty's name, forthwith to seize the
said ship wherever she may be lying within the Nasters of this Colony, 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 band and the public seal of the colony, this day of
19 .

[L.S.] (Signed.) Governor and Commander-in-Chief, etc.
THIRTEENTH SCUEDULE.
form or citation . [s.92.]
IN THE SUPREME COURT OF HONGKONG.
the day of .19.
in re the
Take notice that, under and in pursuance of the Chinese Emigration Ordinance,
1889, you are,hereby cited to appear before the Supreme Court on day, the
day of , 19 . 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.

[FOURTEENTH SCITEDULE introduced by No. 13 of
1904 but repealed by No. 8 of 1912.]
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. Chinese passenger ship not to proceed to sea without licence. Time and mode of application for licence. Application for licence at port out of the Colony. Verification of particulars, etc. General licence. Conditions of licence. Conditions of Emigration Officer's licence. Licence to specify time of departure, etc. Engagement of Chinese for person in British possession. Asiatic passengers may travel 1st or 2nd class. Power to remove master or other officer. Power to revoke and cancel licence. Breach of condition of licence. Application of penalties recoverable under the Act. Form of certificate and bond. Special licence to mail or first class steamer, subject to regulations. Special conditions of grant of licence. Cancellation. Specially licensed steamer relieved from other regulations. Breach of regulation or condition. Penalty for impeding Emigration Officer. Passage broker to be licensed and give bond. Mode of obtaining passage broker's licence; forfeiture. Fee for licence. Duration of licence. Contract ticket for passage to be given. Production to Emigration Officer of certificate of chartering ship for carrying emigrants. Attendance before Registrar General or Emigration Officer to deliver contract tickets to passengers. Prohibition of alteration of contract ticket. Authority of passage broker to act as agent. Misrepresentation as to size of ship. Notice of contract with emigrant to Emigration Officer. Penalties. Exclusion of ss. 27-38 where special licence. Appointment of medical officer. Requirements as to hospital accommodation. Medical examination before sailing. Medical inspection of emigrants under contract of service. Emigrant under contract of service not to embark without permit. Medical inspection after embarkation. Chinese medical practitioner may be surgeon. Modified regulations for voyage of not more than 30 days. Provision of depots for lodging of emigrants under contract of service. Emigrant to reside in depot 3 days. Supervision of depots. Quantity of water to be carried. Clearance for certain places in certain months. Emigrant unwilling to leave port and who has been procured by fraud, to be landed. Improperly obtaining emigrant. Punishment of person committing breach of Part I, etc. Assisted emigrant to embark from boarding-house. Licensing of boarding-house. By-laws for boarding-houses. Return of particulars of emigrants before embarkation. Penalty for furnishing false return, fraudulent shipment, etc. Photographs of emigrant to be furnished. Employment of photographers. Personation of emigrant. Notice of intended fitting out of emigrant ship. Report of arrival of emigrant ship. Powers of Emigrant Officer as to fittings. Certificate of Emigration Officer. Prohibition of barricades and gratings. Other prohibited fittings. Forfeiture. Unlawful manufacture thereof. Taking prohibited fittings on board, on refusal to removal the same. Ship leaving without certificate or with prohibited fittings. Fraudulent use of certificate as to fitting. Trial of offences. [cf. No. 3 of 1890, s. 83.] Punishments of offences. Proceedings for forfeiture of fittings. Saving of power of police. 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 furnishment untrue particulars. Power to revoke and cancel licence. Seizure, search, and detention of suspected ship. Powers of officer authorised to seize ship. Petition by owner of ship seized. Citation of owners of ship seized. 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 penality in lieu of forfeiture. Costs of proceedings. Indemnity of owner of ship. Sale of forfeited ship. Release of ship by Governor. Indemnity to officer seizing or detaining ship. Prosecution to be by Attorney General. Unlawful detention. Decoying person into or away from the Colony. Punishment for offences. Punishment of flogging on second and subsequent convictions. [cf. No. 3 of 1903, s . 4.] Forms. Prohibition of licensed steamer clearing out without copy of Regulations, etc. see s. 4 of the Act. 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. 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. Conditions 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 other. Fees of professional persons employed. Fees of Emigration Officer. [cf. No. 16 of 1901.] Power to detain ship for non payment of fees, etc. Withholding 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.

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. Chinese passenger ship not to proceed to sea without licence. Time and mode of application for licence. Application for licence at port out of the Colony. Verification of particulars, etc. General licence. Conditions of licence. Conditions of Emigration Officer's licence. Licence to specify time of departure, etc. Engagement of Chinese for person in British possession. Asiatic passengers may travel 1st or 2nd class. Power to remove master or other officer. Power to revoke and cancel licence. Breach of condition of licence. Application of penalties recoverable under the Act. Form of certificate and bond. Special licence to mail or first class steamer, subject to regulations. Special conditions of grant of licence. Cancellation. Specially licensed steamer relieved from other regulations. Breach of regulation or condition. Penalty for impeding Emigration Officer. Passage broker to be licensed and give bond. Mode of obtaining passage broker's licence; forfeiture. Fee for licence. Duration of licence. Contract ticket for passage to be given. Production to Emigration Officer of certificate of chartering ship for carrying emigrants. Attendance before Registrar General or Emigration Officer to deliver contract tickets to passengers. Prohibition of alteration of contract ticket. Authority of passage broker to act as agent. Misrepresentation as to size of ship. Notice of contract with emigrant to Emigration Officer. Penalties. Exclusion of ss. 27-38 where special licence. Appointment of medical officer. Requirements as to hospital accommodation. Medical examination before sailing. Medical inspection of emigrants under contract of service. Emigrant under contract of service not to embark without permit. Medical inspection after embarkation. Chinese medical practitioner may be surgeon. Modified regulations for voyage of not more than 30 days. Provision of depots for lodging of emigrants under contract of service. Emigrant to reside in depot 3 days. Supervision of depots. Quantity of water to be carried. Clearance for certain places in certain months. Emigrant unwilling to leave port and who has been procured by fraud, to be landed. Improperly obtaining emigrant. Punishment of person committing breach of Part I, etc. Assisted emigrant to embark from boarding-house. Licensing of boarding-house. By-laws for boarding-houses. Return of particulars of emigrants before embarkation. Penalty for furnishing false return, fraudulent shipment, etc. Photographs of emigrant to be furnished. Employment of photographers. Personation of emigrant. Notice of intended fitting out of emigrant ship. Report of arrival of emigrant ship. Powers of Emigrant Officer as to fittings. Certificate of Emigration Officer. Prohibition of barricades and gratings. Other prohibited fittings. Forfeiture. Unlawful manufacture thereof. Taking prohibited fittings on board, on refusal to removal the same. Ship leaving without certificate or with prohibited fittings. Fraudulent use of certificate as to fitting. Trial of offences. [cf. No. 3 of 1890, s. 83.] Punishments of offences. Proceedings for forfeiture of fittings. Saving of power of police. 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 furnishment untrue particulars. Power to revoke and cancel licence. Seizure, search, and detention of suspected ship. Powers of officer authorised to seize ship. Petition by owner of ship seized. Citation of owners of ship seized. 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 penality in lieu of forfeiture. Costs of proceedings. Indemnity of owner of ship. Sale of forfeited ship. Release of ship by Governor. Indemnity to officer seizing or detaining ship. Prosecution to be by Attorney General. Unlawful detention. Decoying person into or away from the Colony. Punishment for offences. Punishment of flogging on second and subsequent convictions. [cf. No. 3 of 1903, s . 4.] Forms. Prohibition of licensed steamer clearing out without copy of Regulations, etc. see s. 4 of the Act. 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. 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. Conditions 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 other. Fees of professional persons employed. Fees of Emigration Officer. [cf. No. 16 of 1901.] Power to detain ship for non payment of fees, etc. Withholding 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.

https://oelawhk.lib.hku.hk/items/show/841

1912

v1

No. 1 of 1889

37