Chinese Immigration Act 1881 (SA)

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ANN0 QUADRAGESIMO QUARTO ET QUADRAGESIMO

QUINT0

/ VICTORI2E REGINB.

..

f	A.D. 1881.
!

No. 213.

An Act to regulate and restrict Chinese Immigration.

. .

[Asse~ted to, November 18t/i, r88r.l

!~

it is expedient to regulate the immigration of hmr&.

! Chinese into the Province of South Australia, and to obtain security for the payment of any expenses that may be incurred in respect of such immigrants, and of any fines or penalties imposed

[. upon them-Be it therefore Enacted by the Governor of the Pro-

f, vince of South Australia, by and with the advice and consent of

I the Legislative Council and House of Assembly of the said province,

' in Parliament assembled, as follows:

i 1. For the purposes of this Act the following words in inverted Intevmtntion.

i commas shall. unless the context otherwise indicate, bear the rnean-

; ings set against them respectively-

1

;	"Chinese"-Any	person of the Chinese race not being a British
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subject:

i UVessel''-Any

ship or other sea-going vessel of whatsoever kind

or description:

I "Master"-The person other than a pilot for the time being in

i.

C 1: actual command of any such vessel.

not not IIP$-

2. None of the provisions of this Act shall apply to that portion mbls to Northem

;.	of the said province known as the Northern Territory: Pnwided ~. ,. ,. i ~ ~.
always that any ship carrying Chinese, and all Chinese in such

arriving from the Northern Territory, or any port in the said l'mb.

& province, and situate in such Territory, shall be deemed to have

1 arrived

i 21s

44O & 45' VICTORIE, No. 213.

The Chinese Immigrants Regulation Act.-1881.

arrived from beyond the province, and be liable to the provisions of this Act accordingly: Provided also that section 5 of this Act shall apply to every Chinese arriving otherwise than by a vessel from any part of this province within one thousand miles north of Adelaide.

M h on arrid to 3, The master of every vessel having Chinese on board shall,

gire list of Chin-

un barrd.	immediately on his arrival from beyond the said province in any port of the said province, and before making any entry a t the Customs, deliver to the Collector or other principal o5cer of Customs a list
of such Chinese, specifying the name, the place of birth, the apparent
age, the ordinary place of residence, the place and date of shipment, and the calling or occupation of each such Chinese, so far as such information can be obtained by such master. And for each default herein such master shall be liable to a penalty not exceeding Two Hundred Pounds.

Numberof Chin- 4, i f any vessel shall arrive in any port in the said province

ships may c n q.	having on board a greater number of Chinese passengers for any port in the said province than in the proportion of one to every ten tons of the tonnage of such vessel, according to the registry thereof if British, and if not, then according to the measurement defined
P e d t y.	by "Thc Merchant Shipping Act. 1854," the owner, charterer, or master of such vessel shall be liable, on conviction, to a penalty not exceeding Ten Pounds for each Chinese passenger so carried in excess.
610 to bs paid for

each Chinesa d ~ n g

5. Before any Chinese arriving from beyond the said province shall be permitted to land from any vessel, and before making any entry at the Customs, the master of the vessel shall pay to such Col- lector or other principal officer the sum of Ten Pounds for every such Chinese, to be applied in marner hereinafter provided; and no entry shall be deemed to have been legally made or to have any legal effect until such payment shall have been made.

by veascl.

Penalty.

Andif any master shall neglect to pay any such sum, or shall land

or permit to land any Chinese at any place in the said province

before such sum shall have been paid for or by him, or before such list shnll have been delivered, such master shall be liable, for every

such offence, to a penalty not exceeding Twenty Pounds for each Chinese so landcd or pcrmitted to land in addition to thc amount of such sum.

Like sum for CXinee

amiring otherwise. 6, Every Chinese arriving in the said province after the passing of

this Act, otherwise than by any vessel, shall pay or havc paid for him to some officer whom the Governor may appoint, a t any places on or near the borders of the said province or otherwise conveniently situate for that purpose, ti like sum of Ten Pounds.

&hmb" wC'-

Mml. 7. Before any Chinese shall be allowed to land from any vessel, every such Chinese shall be vaccinated by a medical man duly appointed for the purpose, unless such medical man certifies, in writing, that such Chinese has been already vaccinated. 8. The

i 44' & 45' VICTORIE, No. 213.

i The Chinese Immigrants &gulativn Act.-1881.

8. The Collector or other officer receiving such sum from or for cd6cate of anm paid to be given to

; any Chinese uhall, wi th~ut demand, forthwith give him a certificate ,,, ,

in writing under his hand of the payment of such sum, and such emden-.

' person vho may have paid euch sum for him that 8uch sum has shall be conclusive evidence on behalf of himself and of any other : certificate, whensoever and wheresoever produced hy such Chinese,

been duly paid.

; 9. All sums paid by or on behalf of any Chinese, and all penalties ~ $ $ ~ ~ ~ ~ ~

c under this Act, shall be paid over to the Treasurer, for the public

, use of the province.

10. If any Chinese shall enter or attempt to enter the Baid province Penalty on psy-

, without paying, or having paid for him, the sum of Tcn Pounds ~iO:,"f$$~w

'

aforesaid, he shall, besides such sum, he liable to a penalty not to the pmvinoe

exceeding Ten Pounds, and may be apprehended and taken before

any Justice of the Peace to be dealt with according to law.

11. At the hearing of any prosecution under this Act, the Justices Evidence or peram

:. may decide upon their own view and judgment whether any person	a Chinese.
. .	i charged or produced before them is a Chinese within the meaning
: of this Act.
L '

i 12. It shall be lawful for the Treasurer, or any person authorised cwtiscate of

i by him, upon the application of any Chinese, and upon being E:emabsmyM

! satisfied that such Chinese was, at the time of the passing of this

.: Act, a bonrif le resident of the said province, and that he desires to be

; absent therefrom for a temporary purpose only, to grant to such

i Chinese a certificate that he is exempt from the provisions of this

I	Act for a time to be specified in such certificate. And during the
:	time so specified the holder of such certificate shall be exempt from
i	all payments under this Act.
!
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i 13. The sum of Ten Pounds aforesaid shall not be payable by or aot not to to

: m respect of any Chinese who is one of the crew of any vessel,

i - unless he shall land from such vessel without having previously

: obtained the consent of such Collector or other principal officer of

; Customs.

I	. 14. A l l penalties and forfeitures imposed by this Act shall be Penaltieqhoa
i

wed for, prosecuted, and recovered before a Justice of the Peace in

; a summary way, in the name of some officer of Customs, or other

: person thereunto authorised.

15. l h i s Act may be styled, and may be cited as, " The Chinese ~ ~, n t t i " ~.

: Immigranb Regulation Act of 1881."

i In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

i WM. P. DI1UMMOND JERVOIS, Governor.

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Adelaide: By authority, E. S P I L L ~ Government Printer, N d - t e m o e.