Chinese Immigration Restriction Act 1888 (SA)

ANNO QUINQUAGESIMO PRIM0 ET QUJNQUAGESIblO

SECUNDO

A.D. 1888.

HERE -4 S at n meeting of representatives of Australasian Preamble.

thousand eight hundred 2nd eighty-eight, it was amongst other	W Govmnmcnts, held at Sydney in the month of June, ono
things resolved that it wa.; desirable that uniform Australasian legislation should be adopted for the restriction of Chinese immi- gration: And whereas the chicf provisions of tllis Act were approved bv such representatives as the basis of such uniform legis- lation: ~ h d wherms it is dwirablc to legislate on such basis accordingly-Be it therefore Enacted by the Govcrnor of the Province of South Australia, by and with the advice and consent
of the Legidat,ivc Council and Elousc of Assembly of the said
province, in this present Parliament assembled, as follows:

A-439.

51" & 52' VICTOKIE, No. 439.

Chinese Immigration Restriction Act.--1 888.

1, I n the construction of this Act the followiiig words shall have Interpretation.

the following mcaniugs :-

"C%incse" shall incluck cvery person of Chilwsc ~; ice not

exempted from thc provisioils of this Act:

'' Vessel " shall include every ship, boat, or vesscl:

Master " shall include every person, other than a pilot, for the

time being in colurnand or cllarge of any vessel.

2, This Act shall not apply-

r. To any person duly accredited to any Australasian colony by Exemptions.

any Government, as its representative, or on any special mission: 11. To

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11. To the crew of anv vessel not being discharged therefrom in

the province, ahd not landing in the province, except in

the discharge of duties in connection with such \.essel:

111. To any persons, or any class of persons, who shall for the time being be exempted from thc provisions hereof under sections 3, 14, ancl 15.

Power to declare

exemptions. 3, It shall be lawful for the Governor in Council from time to

time, by Proclamation to be published in the Government Gazette, to declare that the provisions of this Act shall not apply to any person

or any class of persons to be mentioned in such Proclamation, either

generally or for any time to bc fixed by such Proclamation, and any such Proclamation may bc revoked by the Governor in Council by

Proclamation to be published in the Go~~erfimm t Goz~tte.

Master on snival, to 4.

The master of every vessel, up011 arrival at any port or place in this province from parts beyond the province, and having any Chinese on board, shall forthwith, and before making ally entry at

report Chinese on

board.

the Customs, delher to the ~oll&tor or other pr iGipd offic4. of

Customs at such port or place a statement specifying, to the best of his knowledge and means of information, thc number of Chinese on board such vessel, and thc: places of shipment and clc?stination, and the name, calling, or occuptttion of each such Chinese. And for any default in the observance of this section sucl~ mnstcr sllall, on conviction, be liable to a penalty not exceeding One Hundred Pounds.

No vessel to bring 5, No vessel shall enter any port or place in the province having

more than one

Chinese passenger	on board a greater number of Chinese than in the proportion of one
for every 600 tona	Chinese to every five hundred tons of the registered tonilage of suclr

burthen. .

vessel, ~ u c h tonnage to be ascertained if the vesscl shall be British by

her certificate of registry, and if otherwise, or if such certificate shall

not bc produced, then according to thc rules of mcasurernent pro- vided by thc Imperial Statute '' Merchant Shippillg Act, 1854."

on board any Chinese in excess of such number, the owner, master,	And if any vessel shall enter any port or place in the colony, having
or charterer of such vessel shall, on conviction, be liable to a penalty of Five Hundred Pounds for each Chinese in excess of such number.

Penalty on entry by 6, Any Chinese who shall enter this province by land without

land without permit.	first obtaining a permit in writing from some person to be appointed
by the Governor in Council, shall be guilty of an oft'ence against
this Act, and shall be liable on conviction to a penalty of not less than Fivc Pounds nor more than 'Twenty Pounds, and in addition or substitution for m y such penalty shall be liable, pursuant to nuy warrant or O ~ P Y of the Treasurer, to be removed or drported to tlw colony from whence he shall have come: Provided that this section shall only operate dnring such time as may from time to time bc fixed by the Governor in Conncil, by Proclamation to br publishcd in the Government Gnzette, and any suc,h Proclamation may be revoked by the Governor in Council, by Proclamation similarly
published, 7. Any
51" & 5 2 O VICTORIB, No. 439.
Chinese Immigration Restriction Act.- 1 P8 P.

Chi~iese convicted,

7. Any Chinese convicted in any Australasian colony of any liable to be removt.rl

offence against the provisiozls of any Act for the restriction of	or deported.
Chinese immigration in force in such colony by entering such colony by land Rom South Australia, without lawful authority, and who shall he dircctecl b y any warrant or order under any such Act to be removed or dcporkd to South Australia, dial1 be linblc to be so removed or deported; and the warrant or order for such removal or deportation shall be valid and effectual for d l the purposes of such Act in this province.
Appropriation of

8. All penalties and all moneys ordered to be paid or being the penalties and pay -

proceeds of any s d e made under the aut,hority of this Act shall be ments under Act.

paid into the dencral Revenue.

9. For the purposes of all proceedings under this Act, the	Evidence of person
being tr Chinese.

Special hfagistrate or Justices may decide, upon his or their own view and juclgrnent, whether any person produced before him or them is a Chinese wi thin the manning of this Act.

10. Any vessel on board which Chinese shall be transhipped from another vessel and bc brought to any port or place in this province

evading Act by tran-

Provision against

shipping Chinese

sllnll bc deemed to be a vesscl bringing Chinese into the said province

into other vessels.

from parts beyond the mid province, and shall be subject to the

provisions of this Act.

Power to make

11. The Governor, with the advice of the Executive Council, may make regulations for carrying out the provisioils of this Act. A copy of such regulations shall, within fourteen days, be laid before both Houses of 13arliament, if Parliament be then in Session, and if not then in Session, within fourteen days after the commence- ment of the nest Session; and if disapproval of such regulations is not expressed by rcsolutioil of both IIouses within fourteen days thereafter, they shall have the force of law,

regulations.

12. All penalties and sums of money recoverable under this ,4at Penalties, how

shall be recovered in a summary way at the suit of some officer of Customs or other officer authorised by the Treasurer, before any Special Magistrate or two or more Justices of the Peace, in accordance with the provisions of tlie Acts regulating proceedings on summary conviction. And it shall be lawful for the Treasurer, by writing nnder his hand, to authorise any officer to detain any vessel, the master whereof shall, in the opinion of the said Treasurer, have

committed an off'ence, or be a defaulter under this Act. Such

detmtion may be either at the port or place where such vessel is fonnd, or at any port or place to which the said Treasurer may order snch vessel to be brought. For the purposes of such detention the officer so authorised shall be entitled to obtaiii in thc customary manner such writ of assistance or other aid and assistance in and about the detention of or other lawful dealing with such vessel as are by law provided under the Act or Acts regulating Customs with reference to seizure of vessels or goods. But such detention

shall

51" & 5z0 VICTORIE, No. 439.

Chinese Im.mt$ratian Restriction Act.-1 888.

shall bp for safe custody only, and shall cease and be discontinued if a bond with two sufficient sureties be given by such master tor the payment of the amount of such penalty and other sums as may be adjudged to be paid under the provisions of this Act: Pro- vided that if default be made in payment of any such pcnalty incurred by such master in terms of any conviction adjudging the payment thereof, i t shall be lawful for such officer to seize such vessel, and for him and any other officer or person duly authorised or empowered in that behalf to take all such proceedings for the purpose of procuring the condemnation and sale of such vessel as are provided by law in case of condemnation or forfeiture of a vessel for a breach of the Customs laws of thc said province: Provided

tbtt the proceeds of sale of any such vessel shall be paid into the

Consolidated Revenue, and after payment of thc amount of such penalty and of all costs incurred in and about such sale and thc proceedings leading thereto, the balance shall be placcd by the Treasurer to a trust account, and be held in trust for the owners of or other persons lawfully entitled to the vessel so condemned and sold.

Appeal.	13. There shall be an appeal from any decision by any special magistrate or justiccs under this Act, or from any ordcr dismissing any informntion or complaint, which appeal shall he to the Local Court of Full Jurisdiction nearest to thc place where such decision or order was made, or, in the option of the appellant, to the Local Court of Adelaide of Full Jurisdiction,
and the proceedings on such appeal shall be conducted in
manner provided for appeals to the Local Courts by the Acts regulating appeals in summary proceedings, and the Local Court hearing such appeal may make such order as to the payment of the costs of appeal as it slid1 think fit, although such costs may exceed Ten Pounds.

Repeal. 14. " The Chinese Immigratiou Act, l881 ," is hereby repedcd;

but every Chinese being the holder of an exemption certificate

granted under thc authority of thc said Act shall, during thc

time specified in such certificate, be exempt from all provisions

of this .Act.

Xxezuptionof Chinese 15, Xvery Chinese w i t h the province at the date w h m this

"" in the *tony. Act comes into o p e r a E ' m a y, at ally time tllrre~ECr, apply

to F e Treasurer, or any officer appointed by him, or to any Spccisl M a g v a c c r ~ - ~ p m p k r r h *fi6n1 the provisions of this Act, and thereupon the person to whom the application shall

be made shall deliwr to the Chinese making such application a

certificate, signed by such person, specifying the name of the Chinese to whom the same is granted, and such particulars necessary

for the i tificatim--of such Chinese and otherwise as may be *- - -L

&n~e~uiations; aa& the-person to whom such ccrtificatc shall be granted shall be exempt from all the provisions of this Act.

51" & 52' VICTORIX, No. 439.	5
Chinese Immigration Restriction Act.-1888.

16. No poll-tax shall hereafter be taken or demanded from or in Abolition of poll-tax.

respect of any Chinese.

17. This Act may be cited for all purposes as the " Chinese shmt

Immigration Restriction Act, 1888."

18. This Act shall cease to be in operation on the first day Expiv of Act.

of January, one thousand eight hundred and ninety, unless the

Governor, by proclamation published in the Government Gazette, shall have previously declared that the colonies of Victoria, New

South Wales, and Queensland shall have passed Acts containing

substantially the same provisions as are herein contained.

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

this Bill.

WM. C. F. ROBINSON, Governor.

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By Authority : H. F. T~RADEH, Government printer, firth-terrace, Adelaide.

B-439.