No. 623.
Mr. Merrill to Mr. Bayard.

No. 204.]

Sir: I have the honor to inclose a copy of an act passed by the legislature of Hawaii and approved on the 10th instant, amending the law of 1887 relating to the regulation of Chinese immigration.

I have, etc.,

Geo. W. Merrill,
[Page 872]
[Inclosure in No. 204.]

By authority.

AN ACT to amend Chapter XXVIII of the laws of 1887, relating to the regulation of Chinese immigration.

Be it enacted by the King and the legislature of the Hawaiian KingdomSec. 1. Section 2 of Chapter XXVIII of the laws of 1887, being an act entitled “An act to regulate Chinese immigration,” is hereby amended so as to read as follows:

Sec. 2. From and after the passage of this act no Chinese coming from parts beyond the Hawaiian Islands shall land, be landed, or permitted to land in or upon the Hawaiian Islands, except such Chinese as shall, at the time of his arrival at any port of this Kingdom from abroad, have a permit personal to himself to enter the Kingdom, granted, signed, and sealed by the minister of foreign affairs of the Hawaiian Kingdom under and subject to regulations to be prepared and published by him, by and with the consent of the cabinet, excepting as hereinafter provided, and excepting all Chinese to whom or for whom such personal permit to enter the Kingdom has heretofore been granted, as shall be shown by the records of the office of the minister of foreign affairs: Provided, however, That nothing herein shall be held to conflict with the provisions of an act to limit the time within which permits for Chinese to enter the Kingdom may be used, approved July 4, 1888.”

Sec. 2. Section 3 of said Chapter XXVIII is hereby amended so as to read as follows:

Sec. 3. If any master of a vessel shall bring any Chinese without such permit into any port of this Kingdom from abroad with intent to land such Chinese in this Kingdom, or if such master shall land or attempt to land any Chinese in this Kingdom without such permit, or if such master or any other officer of such vessel shall permit such Chinese to escape from such vessel while within Hawaiian jurisdiction, such master (or other officer in fault in the premises in case of an escape) shall be liable on conviction to a penalty of two hundred dollars for each Chinese so brought into any port of this Kingdom, or landed, or attempted to be landed, or who shall escape from such vessel within Hawaiian jurisdiction; and the master of such vessel shall be compelled to re-embark such Chinese as shall unlawfully land, or escape, or be landed from such vessel, and upon his neglect or refusal to do so, after notification by the minister of foreign affairs, the marshal, any sheriff, the collector-general of or any officer of customs, he may be forthwith arrested without warrant, and upon conviction of such neglect or refusal, as aforesaid, he shall be liable to a penalty of two hundred dollars in respect of each Chinese whom he shall have so refused or neglected to re embark.”

Sec. 3. There are hereby added to said Chapter XXVIII four new sections, to be numbered sections 3 A, 3 B, 3 C, 3 D, respectively, to read as follows:

Sec. 3 A. Any Chinese, whether a passenger on or a member of the crew of any vessel arriving in Hawaiian waters from abroad, who shall land, or attempt to land, upon Hawaiian shores, except he be provided with a personal permit to enter the Kingdom, as provided in section 2 of this act, shall be liable, on conviction thereof, to a penalty of two hundred dollars. If any Chinese shall, with intent and purpose to gain access to this Kingdom, tender or present, or cause to be tendered or presented to any officer of customs or other officer 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 Kingdom, the fact of such tender or presentation shall be deemed conclusive evidence of an attempt on the part of such Chinese to land in this kingdom without a permit.

Sec. 3 B. No vessel which shall have brought any Chinese into any port of this Kingdom with intent on the part of the master or owners of such vessel to land them on the these shores, such Chinese being unprovided with valid personal permits, as in this act provided, shall be granted a clearance from any custom-house, or permitted to leave any port of this Kingdom while any of the Chinese so brought into such port by or upon such vessel shall be in custody of any officer of this Government, not upon such vessel, or on bail awaiting any judicial proceedings as to the right of any of such Chinese to land in this Kingdom: Provided, That if the master, owners, or authorized agents of such vessel shall execute and deliver to the collector-general or any collector of customs a good and sufficient bond or bonds, with sufficient sureties, in a sum of not less than three hundred dollars in respect of each such Chinese so in custody, or on bail, conditioned for the prompt deportation from this Kingdom of all such Chinese as shall be, upon such proceedings, denied the right to land in this Kingdom, together with all costs and expenses incident to the custody of such Chinese while awaiting such deportation, such vessel shall be allowed to depart the Kingdom. All bonds in this section provided for shall be deemed forfeited, and suit may be sustained thereon unless within thirty days from the rendition of final judgment denying [Page 873] the right of any Chinese in respect of whom such bond shall have been given to land in this Kingdom, such Chinese shall be deported from this Kingdom by the obligor in such bond.

Sec. 3 C. No court of this Kingdom shall release or permit to land, or go abroad in this Kingdom, upon habeas corpus or other proceedings, any Chinese who shall have come from ports beyond the Hawaiian Islands, unless such Chinese shall show affirmatively that he possessed and presented a valid permit, personal to himself to enter the Kingdom.

Sec. 3 D. Any vessel by or upon which any Chinese shall be brought into any port of this Kingdom without a permit personal to such Chinese to land in this Kingdom shall be liable for any penalty that shall be adjudged against any officer of such vessel in respect of the bringing of such Chinese to Hawaiian ports, or landing or attempting to land, or permitting to land such Chinese upon Hawaiian shores, or permitting such Chinese to escape from such vessel within the Hawaiian jurisdiction, or for refusal of such officer to re-embark or deport such Chinese, and such penalty may be enforced by the seizure and sale of such vessel, or any of her apparel or furniture, after rendition of a decree to that effect in any court of competent jurisdiction. Whenever in the course of any prosecution or other suit under this act, any person shall allege in defense of such prosecution or suit, the possession by himself or any other person or persons of a permit or permits to enter this Kingdom, it shall be incumbent upon the person so alleging such possession to prove the validity of such permit or permits, to allow the person or persons so possessing the same to enter this Kingdom.”

Sec. 4. Nothing in this act contained shall be construed to repeal or amend paragraph 2 of section 5 of said Chapter XXVIII of the laws of 1887.

Sec. 5. This act shall take effect from and after its approval, and all acts and parts of acts in contravention herewith are hereby repealed.

Kalakaua Rex.

By the King:

L. A. Thurston,
Minister of the Interior.