Chinese Immigration Restriction Act 1889 (WA)

Wotan Cluaratia.

ANNO QUINQUAGESIMO TERTIO

VICTORIA', R EGET% Al

No. III.

AN ACT for the Restriction of Chinese Immi-

gration.

[ Assented to, 29th November, 1889.]

HEREAS at a Meeting of Representatives of Australasian

WGovernments, held at Sydney in the month of June, One

thousand eight hundred and eighty-eight, it was amongst other things resolved that it was desirable that uniform Australasian Legislation should be adopted for the Restriction of Chinese Immi- gration : And whereas the chief provisions of this Act were ap- proved by such Representatives as the basis of such uniform Legis- lation: And whereas it is desirable to legislate on such basis accordingly:

Be it therefore enacted by His Excellency the Governor of West- ern Australia and its Dependencies, by and with the advice and con- sent of the Legislative Council thereof, as follows:—

1. THIS Act may be cited for all purposes as " The Chinese sho tle.

Immigration Restriction Act, 1889."

2.     THIS Act shall come into force and operation on the first Commencement of

clay of May, One thousand eight hundred and ninety. Act.

2   53° VICTORLE, No. 3.

The Chinese Immigration Restriction Act, 1839.

THE Act passed by the Legislative Council of Western Australia in the fiftieth year of Her Majesty, intituled " An Act to regulate and restrict Chinese Immigration," shall b. , and is hereby repealed.

Repeal of 50 Viet 3.

No. 13.

4.      FOR the purposes of this Act the following words in

Interpretation.

inverted commas shall, unless the context otherwise indicate, bear

the meanings set against them respectively:-

" Chinese,"—Every person of Chinese race not exempted

from the provisions of this Act.

Vessel,"—Any ship, boat, or vessel of whatsoever kind or

description.

Master,"—The person, other than a. pilot, for the time

being in command or charge of any such vessel.

5.      THIS Act shall not apply

Exemptions. I. To any person duly accredited to any Australasian colony

by any Government as its representative or on any

special mission:

To the crew of any vessel not being discharged therefrom in the Colony and not landing in the Colony except in the discharge of duties in connection with such vessel:

Hi. To any person being the holder of the certificate men tioned in the eleventh section of the 50th Vict., No. 13:

iv.   To any laborer brought into the Colony under the pro-

visions of the 48th Viet., No. 25 :

v. To any person within the Colony at the date when this Act comes into operation who shall, after the coming into operation of this Act, have applied for and obtained a certificate of exemption from the pro- visions of this Act. Any Government Resident, Resident Magistrate, or Police Magistrate may grant such certificate, and such certificate shall state the name of the Chinese and such particulars as are necessary for his identification, together with a state- ment of the reasons moving the said Magistrate to grant such certificate:

n. To any person, or class of persons, to whom the Governor

in Council shall, by proclamation published in the

Government Gazette, have declared that the provisions

of this Act shall not apply either generally or for any time to be fixed by such proclamation, any such

proclamation

53" VICTORI}E, No. 3.

The Chinese Immigration En-hid/on Act, 1889.

proclamation being revocable by the like authority

in the like manner.

6.

THE Governor, with the advice of the Executive Council, ma y make regulations for carrying out the provisions of this Act.	Power to make
Regulations.
A copy of such regulations shall. within fourteen days after the making thereof, be laid before the Legislative Council if it be then in Session, and if not then in Session within fourteen cla ys after the commencement of the next Session ; and if disapproval of such regulations is not expressed by resolution of the Legislative Council within fourteen days thereafter, they shall have the force of law.

7.

THE master of every vessel, upon arrival at any port or place in this Colon y from parts beyond the Colony. and having. any Chinese report arte • o

31 •01; Ort eiinersreinointh ll a

at such port or place a statement specifying, to the best of his dnowledge and means of information, the number of Chinese on board such vessel, and the places of shipment and destination. and the name, calling, or occupation of each such Chinese ; and for any default in the observance of this section such master shall on con- viction be liable to a penalty not exceeding One hundred pounds.

on board, shall forthwith, and before making any entry at the board.

8.     NO vessel shall enter any port or place in the Colony having No vessel b

on board a greater number of Chinese than in the proportion of one moreitan 'oonelin' Chinese to every live hundred tons of the registered tonnage of such pilieleseie passenger vessel, such tonnage to be ascertained if the vessel shall be British by registel. "ms her certificate of registry, and if otherwise, or if such certificate shall

not be produced, then according to the rules of measurement provided by the Imperial statute, " The Merchant Shipping Act, 1854." And if any vessel shall enter any port or place in the Colony. having on board any Chinese in excess of such number, the owner, master, 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.

9.

ANY vessel on board which Chinese shall be transhipped from another vessel and be brought to any port or place in this evading Act by trim. terovision against

Colony shall be deemed to be a vessel bringing Chinese into this :hipping Chinese intoother vessels.

Colony from parts beyond this Colony, and shall, and the owner, master, or charterer thereof shall, be subject to the provisions of this Act.

10, ANY Chinese who shall enter this Colony by land, without P enal on entry by first obtaining a permit in writing from some person to be appointed land without permit. by the Governor in Council, shall be guilty of an offence against this

Act, and shall be liable on conviction to a penalty of not less than

Five pounds nor more than Twenty pounds. and in addition or

substitution

4   53e IT ICTORI LE, No. U.

The Chinese Immigration Restriction Jet. 188.9.

substitution for any such penalty shall be liable. pursuant to any warrant or order of the Colonial Secretary, to be removed or deported to the colony from whence lie shall have conic : Provided that this section shall only operate during such time as may from time to time be fixed by the Governor in Council by proclamation to be published in the Government Gazette of 'Western Australia. mid any such proclamation may be revoked by the like authority in the like manner.

a. ANT Chinese convicted in any Australasian colony of any Chinese immigration in force in such Colony. by entering such Colony by land from Western Australia, without lawful authority, and who shall be directed by any warrant or order under auy such Act to be removed or deported to Western Australia, shall be liable to be so removed or deported. and the warrant or order for such re- moval or deportation shall be valid and effectual for all the purposes of such Act in tins Colony.

chines.: convicted	offence against the provisions of any Act for the restriction of
liable to be removeit
w deported.

FOR the purposes of all proceedings under this Act, the Justices may decide, upon his or their own view and judgment, whethe: any person produced before him or them is a Chinese within the meaning of this Act.

12.

Evidence of person	Government Resident. Resident Magistrate, Police Magistrate. or
beina a Chinere.

13.      NO poll-tax shall hereafter be taken or demanded from or

Abolition of po/bta in respect of any Chinese.

14.       ALL penalties awl all moneys ordered to be paid, or being

Appropriation of	the proceeds of any sale made under the authority of this Act,
litent, under Aer.	be paid into the General Revenue.

penalties and p

ALL penalties and sums of money recoverable under this of Customs or other officer authorised by the Chief Collector of Customs. before any Government Resident. Resident Magistrate. Police Magistrate, or any two or more Justices of the Peace. in accordance with the provisions of the Acts regulating proceedings on summary conviction. And it shall be lawful for the Chief Collector of Customs. by writing under his hand. to authorise any officer to detain any vessel the master whereof shall, in the opinion of the said Chief Collector of Customs, have committed an offence. or be a defaulter under tins Act. Such detention may be either at the port or place where such vessel is found, or at any port or place to which the said Chief Collector of Customs may order such vessel to be brought. For the purposes of such detention the officer so authorised shall be entitled to obtain in the customary manner

15.

Penalties how re.	Act shall be recovered in a summary way, at the suit of any officer
covered.

any

53° VICTORTIE, No. 3.

The Chinese Immigration Restriction Act, 1889.

any 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 be for safe custody only, and shall cease and be discontinued if a bond with two sufficient sureties be given by such master for the payment of the amount of such penalty and such other sums as may be adjudged to be paid under the provisions of this Act: Provided that if default be made in payment of any such penalty incurred by such master in the terms of any conviction adjudging the payment thereof, it 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 the said Colony: Provided that the

proceeds of sale of any such vessel shall be paid into the Consolidated Revenue, and after payment of the amount of such penalty and of all costs incurred in and about such sale and the proceedings leading thereto, the balance shall be placed by the Chief Collector of Customs 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.

16. THERE shall be an appeal from any decision by any

Magistrate or Justices under this Act, or from any order dismissing

Appeal.

any information or complaint, which appeal shall be to the Supreme

Court.

In the name and on behalf of the Queen I hereby assent

to this Act.

F. NAPIER BROOME, Governor.

By Authority : RICHARD PEPHER, Government Printer, Perth.