RESTRICTINU CHINESE IMMIGRAT TO THE HAWAIIAN ISLANDS PUBLISHED BY THE HONOLULU. H. 1.. AUGUST, 1898 HONOLULtT PRINTED BV B. GRIEVE, STEAM BOOK AND -JOB PRINT, "‘la anil 27 Merchant Street (Up Stairs). 1893. !■ >■, THE LAWS AM) REGULATIONS — RESTRICTING — CHINESE niHlCRATION — TO THE — HAA\'AIIAN ISLANDS. PUBLISHED BY THE GHINRSR BURRAU —OF THE— l)ErART.IIENT OF FOREIGN HONOLULU, H. I., AUGUST, 1893. HOXOLULU ; PKIN'TED BY K. GRIEVE, STEAM BOOK AND .JOB PRINT, 25 and 27 Merchant Street (Up Stairs). 1893. Digitized by the Internet Archive in 2016 https://archive.org/details/lawsregulationsrOOhawa THE LAWS AM) REGULATIONS — RESTRICTING — CHINESE IM MIC RATI ON — TO THE — HANX^ATIAX ISLANDS. CHAPTER LXXX. AN ACT Restricting Chinese Immigration. lie it Enacted hy the Queen and the Legislature of the Hawaiian Kingdom : Section 1. No Chinese, except Avomeii who have relatives by marriage or blood residing in this Kingdom, children un- der ten years of age who have parents or guardians residing in this Kingdom, clergymen, teachers and merchants hereto- fore residing and doing business in this Kingdom, except as hereinafter provided, shall be allow'ed to enter this Kingdom unless upon condition that while here he will engage in no 4 trading or mecliaiiical occupation other than domestic service or agricultural labor iu the field or in sugar or rice mills, and that he will, whenever he shall cease to follow his vocation as agricultural laborer in the field or in sugar or rice mills, or as domestic servant, leave this Kingdom ; and that for every breach of si:ch condition he shall, upon conviction by any Police or District Justice, be liable to a fine of one hundred dollars. Section 2. Conditional permits to enter this Kingdom may be granted by the Minister of Foreign Afifairs for such Chi- nese, not exceeding five thousand iu number, as shall be re- commended b}" the Board of Immigration, upon the applica- tion of employers of domestic, agricultural or mill labor, which said permits shall contain the condition, printed in both the English language and iu Chinese characters, that the bearer is allowed to enter this Kingdom solely on condi- tion that while here he will engage in no trading or mechani- cal occupation other than domestic service or agricultural la- bor in the field or in rice or sugar mills, and that he will, when- ever he shall cease to follow his vocation as agricultural labor- er in the field or in sugar or rice mills, or as domestic servant, leave this Kingdom ; and that for every breach of such condi- tion he shall, on conviction by any Police or District Justice, be liable to a fine of one hundred dollars. Permits to enter this Kingdom may also be granted by the Minister of Foreign Af- fairs for any Chinese resident iu this Kingdom at the date of the passage of this Act, provided that such person shall have resided within the Kingdom for two years immediately pre- ceding such passage ; and, also, to such other persons as may wish to sojourn temporarily iu the Kingdom as travelers, or as merchants having business interests iu this Kingdom ; pro- vided that such sojourn shall not exceed six mouths; and, pro- 0 vulecl, that such person so permitted to enter shall give a bond to said Minister in the sum of live hundred dollars, liquidated damages, conditioned that he will leave the Kingdom within six months, and if he shall be found within the Kingdom after the expiration of six months, he shall be deemed guilty of a misdemeanor, and shall upon conviction be imprisoned at hard labor for a term not to exceed six months. For each permit granted under this Section the Minister of Foreign Affairs shall be paid a fee of five dollars. Section 3. The master of any vessel in which any Chinese for whom such permit shall not have been granted, other than clergymen, teachers or merchants formerly residing and doing business in this Kingdom, shall be brought into this Kingdom and landed here, shall be liable to a fine of one hun- dred dollars for every Chinese so illegally brought into this Kingdom, upon conviction thereof by any Police or District Justice, and such fine shall be a lien upon the vessel in which such Chinese shall have been brought into this Kingdom, and shall be enforced by proceeding in admiralty. Section 4. Such permits shall be printed in duplicate, the duplicate being in such case preserved in the Foreign Office as a stub in the book from which the original is taken ; when the original shall be presented by any aiiplicant for admission to the Kingdom, it shall be stamped across the face by the Customs officers, in red ink, with the word “cancelled,” and also with the equivalent of said word in Chinese characters, and with the date of such cancellation. All such cancelled permits shall be returned to the Foreign Office by the Col-' lector-General of Cu.stoms, where, after being compared with their respective duplicates, they shall be filed and pre- served. 6 Section 5. The Minister of Foreign Affairs shall make snitahle regulations whereby Chinese clergymen, colporteurs, and merchants, formerly residing and doing business in this Kingdom, shall be identified and vouched for as such before being allowed to land in this Kingdom, and no Chinese claim- ing to be such shall be allowed to laud until he shall have received a certificate from the Minister of Foreign Affairs cer- tifying that such Chinese is allowed to enter this Kingdom as a returned clergyman, colporteur or merchant, as the case may be. Such certificate shall, when presented by the holder thereof seeking to enter the Kingdom, be stamped in red ink in like manner with the aforesaid permits and returned to such holder, and the counterparts shall be preserved in the Foreign Office. Section 6. A fee of one dollar shall be paid at the Foreign Office for each and every permit issued under Section 2, and a fee of five dollars for each certificate issued under Section o of this Act. Section 7. Every employer, upon engaging the services of any such Chinese upon arrival in this Kingdom, shall register in the Foreign Office the name and intended place of occupa- tion of every Chinese thereby allowed to enter this Kingdom, and, in case of any change in the employment of any such Chinese, each successiA’e employer shall cause such change to be registered in the Foreign Office. Section 8. A charge of twenty-five cents shall be made for every name so registered, and eveiy employer failing to cause such registry to be made shall be liable to a fine of not ex- ceeding fifty dollars for every such failure, on conviction thereof by any Police or District Magistrate. Section 9. This Act shall not apply to Diplomatic or other officers of the Chinese or other Governments, traveling upon the business of that Government, whose credentials shall be taken as an etpiivalent to the permit in this Act mentioned, and shall exempt them and their bod}’ and household servants from the provisions of this Act as to other Chinese. The Collector-General, or any Collector of Customs, shall have the authority to detain any person detected in, or rea- sonably suspected of, a violation of any of the provisions of this Act, and to hold him until a warrant of arrest can be obtained. Section 10. All moneys received by the Minister of For- eign Affairs under this Act shall, from time to time, after audit and payment of the necessary expenses for carrying out its provisions, be paid into the Treasury, to the credit of the “Chinese Immigration Fund.” Section 11. The following Acts are hereby repealed : Chapter XXVIII., Acts of 1387 ; Chapters XVI. and LX- of the Acts of 1888 ; Chapters XLYII. and LXYII. of the Acts of 18{)0 ; provided, that such return permits which have been heretofore issued under the laws herein repealed shall be held valid in accordance with the provisions of said laws and regu- lations heretofore made thereunder. Section 12. This Act shall take effect from the date of its approval. I hereby certify that the foregoing Act having passed its third reading in the Legislature of the Hawaiian Kingdom on the 30th day of Xovember, A. D. 1892, on the 17th day of December, A. D. 1892, was presented to Her Majesty the Queen, through the Cabinet, and was not returned to the Legislature within ten days (Sundays exceptedj thereafter, s and that the Legislature had not adjourned prior to the ex- piration of said period of ten days. Dated Honolulu, December 29th, A. D. 1892. JOHN S. AYALKEK, President of the Legislature. Attest : C. J. McC.vethy, Clerk. CHAPTEE XCL AX ACT To Add a new* Section, to be called Section 10a, to an Act ENTITLED “An AcT KeSTMCTING CHINESE IMMIGRATION,” PASSED THE 30th day of Xoyember, a. D. 1892. Be it Enacted by the Queen and the Legislature of the Haicaiian Kingdom : Section 1. A ueM' Section, to be called Section 10a, is hereby added to the Act entitled “An Act restricting Chinese Immigration,” passed the 30th day of Xovember, A. D. 1892, ■which shall read as follo-«-s : “Section 10a. The Minister of Foreign Affairs, by and ■with the consent of a majority of the Cabinet, is hereby au- thorized and empowered to make and publish all such rules and regulations, and the same to alter, amend or nullify, from time to time, as may be found necessary or proper to carry out the aim, intent, object and provisions contemijlated by said Act, and such rules or regulations and all amendments 9 or alterations thereto shall after publication in one or more newspapers printed and published in Honolulu have the force and effect of a statute law of the Kingdom.” Section 2. This Act shall take effect from and after the date of its passage. Approved this 11th day of January, A. D. 1893. LILIUOKALANI R. By the Queen, G. N. Wilcox, Minister of the Interior. CHAPTER CIV. AN ACT To Add new Section, to be called Section 10b, to an Act ENTITLED “An AcT RESTRICTING CHINESE IMMIGRATION,” PASSED THE 30th day of November, A. D. 1892. Be it Enacted by the Queen and the Legislature of the Haicaiian Kingdom : Section 1. A new Section, to be called Section 10b, is hereby added to the Act entitled “ An Act restricting Chinese Immigration,” passed the 30th day of November, A. D. 1892, which shall read as follows : “ Section 10b. Any Chinese who shall enter or attempt to enter this Kingdom contrary to the provisions of this Act, or without the permit or permits hereinbefore provided for, shall 10 upon coiivictiou before auy District Magistrate be liable to a fine of uot more tliau two hundred dollars or to imprisonment at hard labor for a term not exceeding six months, or both, in the discretion of the Court.” Section 2. This Act shall take effect from and after the date of its passage. A]iproved this 12th day of January, A. D. 1893. LILIUOKALAXI R. By the Queen : G. N. Wilcox, Munster of the Interior. RULES AND REGULATIONS In Connection with the Acts Eestricting Chinese Immigra- tion, PASSED AT THE SESSION OF THE LEGISLATURE OF 1892-1898. Pursuant to the power and authority vested in the Minis- ter of Forei<>;n Atfairs by an Act of the Legislature, passed on the 11th day of January, 1893, and by and with the consent of a majority of the Executive Council of the Provisional (xoverninent of the Hawaiian Islands, I do hereby make and publish the following Rules and Regulations, to be in force in conjunction with an Act “ Restricting Chinese Immigration,” and the amendments thereto, passed by the said Legislature, until the same mav be altered, amended or annulled : Section 1. There shall be, and hereby is, estalilished a Chinese Rureau in the Foreign Office, which will be open for the transaction of all business relating to Chinese Immigra- tion, fro)n 10 A. Jf. to 12 d/., and from 2 P. d/. to 4 P. d/., on all week days, excejd Sunday, when it will he open only from 9 A. ilf. to 12 d/. No business will lie transacted on official holidays, or other days, Avhen the GoA'ernment Building shall be closed. Section 2. No applications for Chinese Permits, or certi- ficates of any kind whatsoever, will be entertained for vessels leaving Honolulu for China within 24 hours from the adver- tised departure of such vessel. Se;ction 2. All applications for return permits for Chinese residing in the Hawaiian Islands, to be granted by the Chi- nese Bureau of the Foreign Office, must be accom^ianied by the applicant’s receipt for taxes for the current year, his jias- 12 seuger ticket, his Custom House passport, auil, uuless waived by the Bureau, four pliotographs of himself, — two full face and two profile. No application will be considered uuless completed before presentation. Section 4. Permits issued to Chinese residents to go to China and return will be granted only for a period not to ex- ceed two years from the date of issue. Provided, that the Minister of Foreign Affairs, in his discretion, by and with the consent of a majorit}' of the Executive Council, may, in ex- ceptional cases, extend the time herein stijmlated. Section 5. All applications for entry permits for Chinese women who have relatives by marriage or blood, residing in the Hawaiian Islands, and all children, male and female, under 10 years of age who have parents or guardians residing in the Hawaiian Islands, shall before presentation to the Chinese Bureau of the Foreign Office be certified to before the Chinese Commercial Agent, or the Assistant Chinese Commercial Agent in the event of the absence or disability of the Commercial Agent, as to the truth of the statements con- tained in such application. Section 6. No permits will be issued to Chinese who have become naturalized Hawaiian citizens, or who have been born in the Hawaiian Islands. Upon satisfactory evidence being produced of naturalization, or of the birth of children of Chinese parents resident in the Hawaiian Islands, upon application, therefor, a special Foreign Office certificate will be issued to such naturalized Chinese and Hawaiian born children for filing in the office of the Consul General at Hong Kong for which a fee of $1 will be charged by the Chinese Bureau and a fee of $1 at the Hong Kong office for registra- tion. 13 Section 7. All permits issued bj the Foreign Office and the Consul General at Hong Kong are personal and not transferable. If transferred they will be confiscated and the holder prosecuted. If any Chinese shall, with intent and purpose to gain access to the Hawaiian Islands tender or present or cause to be tendered or presented to any officer of Customs or any other official of the Hawaiian Government, any ticket, permit, passport or other document other than a valid permit personal to himself for such Chinese to enter the Hawaiian Islands, the fact of such tender or presentation shall be deemed conclusive evidence of an attempt of such Chinese to land in the Hawaiian Islands without a permit. Section 8. All permits issued under the said Act and Keg- ulations, and all photographs in connection therewith, shall be surrendered by the holder on entering the Hawaiian Isl- ands to the Collector General of Customs, or any other Col- lector of Customs, who shall prompt!}' hand them to the Chinese Bureau for verification, with the list of passengers on the arriving vessel. Section 9. All applications for permits for merchants or travelers, having business interests in the Hawaiian Islands, to sojourn temporarily in the Hawaiian Islands for a period not to exceed six months, must be accompanied by a good and sufficient bond for 8500, signed by one or more sureties, resident in the Hawaiian Islands, approved by the Minister df Foreign Affairs, and executed by such merchants or travel- ers. Immediately upon the arrival of any vessel, having on board such merchant or traveler, the said surety or sureties shall obtain from the Foreign Office a permit for landing the said merchant or traveler, and shall, immediately upon his landing, take him to the Chinese Bureau to execute the said bond. The said surety or sureties shall, upon the departure 14 of saiil mercliaut or traveler, file within seven days a declara- tion nnder oath, and certified to by the Collector General, that such merchant or traveler has left the Hawaiian Islands. On receipt of this evidence, the bond will be cancelled. All permits to embark for the Hawaiian Islands, granted to mer- chants and travelers Avhose sureties have filed bonds on their behalf, shall be null and void, unless the merchants or travel- ers shall land in the Hawaiian Islands before the expiration of six months from the date of the issuance of the permits by the Bureau. Section 10. All bonds must have impressed upon them the Treasury Stamp of $1.00 before being filed. Section 11. A charge of 5 cents, or 50 cents a dozen, will be made for all printed forms issued from the Foreign Office. Section 12. All permits issued by the Foreign Office must be visGl before the Consul-General at Hongkong, or by the Hawaiian Consul or Yice-Consul at whatever port the grantee may land at or depart from, he paying the customary charges for such vise. Section 13. The followiuo- fees will he charged: o O FOREIGN OFFICE. HONGKONG CONSULATE-GENERAL. Kotuni Permits $-5 00 Laborer's Permits 1 00 Registration 2o Clergymen, Teachers and Col- porteurs o 00 Certificate, naturalized Chi- nese and Hawaiian born children 1 00 Merchants aiid Travelers o 00 .Stamp on Bonds I 00 Minors under 10 years 2 50 Attixing Stamp on application if no other fee is provided . . 25 Vise $1 00 Witnessing Signature 1 00 Registration 1 00 Witnessing Signature 1 00 SANFOllD B. DOLE, Minister of Foreign Affairs. A]iproved in Executive Council the 7th day of Fehruary, 1893. J. A. King, Minister of the Interior. P. C. Jones, Minister of Finance. William O. Smith, Attorney General. Chinese Bureau, 1 Department of Foreign Affairs, ■ Honolulu, H. I., Feh. 7th, 1893. ) a.>V. - ' s J- ..ftj • w H . i.:*; ' '*V ^ Uii- i^ula?tt|| - •! . *jiW . i^-; ■'■' •; - ‘ ’»■' '. ,''■ . '^' . .*' '♦ *'i--7-. L' •- .3 ' J‘'>i.,s;*irtjfl! V *'W**!A , ^,1, }■ ‘^1 . ■V./% ^.ii, < -V;r ' ’'■• , 4^>^< ,-uV.w-i.i ?ti ..••»tkt««,;i5^'; '^, -S'.' • aj^. 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