File No. 4516/2–3.
Under the arrangement by which you are permitted to lend your good
offices, when they are required, in favor of Chinese subjects resident
in Panama you may do so when called upon with reference to matters
arising under the decree in question. In a concrete case, for example,
you might informally suggest a favorable exercise of such administrative
discretion as might be applicable.
It is understood that the Chinese legation regards the provisions of the
decree as harsh. Under these circumstances you should bear in mind that,
if you are asked to communicate remonstrances against provisions of the
decree, your good offices should be confined to a transmission of such
representations and should not place you in a position of taking
exception to such provisions in your capacity of an official of this
Government.
A similar instruction has been sent to the consul-general at Panama and
the consul at Colon, who are directed in a specific case to report the
circumstances to the legation for its action or instructions.
A translation of the decree is inclosed herewith.
[Inclosure.—Translation.]
decree no. 14 of
september 21, 1907, superseding
nos. 35 of 1904 and 74 of 1906,
and established rules regarding chinese,
syrians, and turks residing in the republic.
The President of the Republic of Panama, in the use of his powers,
and considering—
- (1)
- That the greater part of the provisions of decrees Nos. 35
of 1904 and 74 of 1906, issued in execution of law No. 6 of
1904, have already been put into operation; and
- (2)
- That it has been found in actual practice that some of the
provisions of the said decrees do not accomplish the
purposes of the law they are intended to enforce, while
others are unsuitable; and
- (3)
- That it is well known that the privileges granted by the
said decrees have been abused—
Decrees:
Article 1.
Decrees Nos. 35 of April 15, 1904, and 74 of April 14, 1906, are
hereby repealed.
Article 2.
The certificates of residence issued in accordance with the
provisions of decree No. 35 of 1904 shall be supplemented, for the
purpose of facilitating the identification of the persons to whom
they belong, by adding to them the photographs of the latter. These
photographs shall be pasted on the certificates to which they
belong, and shall be sealed cold together with them, with the seal
of the governor’s office, bearing the number of the latter, signed
by the governor and fastened with inviolable clasps.
For this purpose the holders of these certificates of residence shall
present them personally, within ninety days following the
publication of this decree, to the office of the governor of the
province, accompanied by the photographs.
Article 3.
Immediately after receiving notice of this decree, mayors shall send
to the governors of their provinces a list of the certificates they
have issued up to date, in order that a note may be made therein
that the certificates have been supplemented as provided in the
foregoing article.
Article 4.
In the case of resident Chinese, Syrians, and Turks who are absent
from the country, the period of ninety days referred to in article 2
of this decree shall begin to elapse on the day of their return.
Article 5.
The photographs shall not be added to any certificates which are
defective or do not appear duly recorded, nor to duplicates when the
original has already had the photograph added, nor to the original
when the duplicates have had it added.
Article 6.
After the period established for supplementing the certificates of
citizenship has expired, those in which this formality has not been
fulfilled shall be considered as invalid, and the holders thereof
shall be compelled to leave the country.
Article 7.
When the holder of a certificate of citizenship has lost it, he shall
prove this fact by means of a sworn declaration before the governor
of the province, who may make such further investigations as he
deems suitable in order to ascertain all the facts, whereupon, if he
is satisfied that the statement is true, he shall issue a new
certificate, fulfilling all the formalities required for the
certificate lost.
Article 8.
The duplicates issued by virtue of the foregoing provisions shall not
be valid without beng viséed by the executive department in charge
of the matters relating to the enforcement of law No. 6 of 1904.
[Page 935]
Article 9.
Chinese, Syrians, and Turks resident in the country may absent
themselves therefrom whenever they desire, but they must first
request a passport in writing from the governor of the province, in
doing which they shall inclose their certificate in order to prove
their lawful residence and in order that it may be kept in the
governor’s office until their return to the country.
Passports, as well as the applications therefor, shall be written on
stamped paper of the third class.
Article 10.
Passports issued by governors in pursuance to the foregoing article
shall refer to the certificate of residence of the person to whom
they are issued, giving its number and date, and they shall contain
the personal description of the applicant and have his photograph
annexed in the same manner as provided in article 2 for the
completion of the certificate.
Article 11.
The passports referred to in the foregoing article shall not be
issued for more than two years from their date.
Article 12.
Persons who have received a passport and remain away from the country
over two years shall be considered to have relinquished their rights
as residents of Panama.
Article 13.
Upon their return to the country, persons receiving passports in
accordance with the foregoing provisions shall present their
passports to the inspector of the port of disembarkation, who, if he
finds them correct, shall note the fact on them, stating that he has
informed the interested party that he must go to the governor’s
office which issued the passport in order to obtain the certificate
of residence which he left there. After these annotations have been
made, the passports shall be sent to the governor’s office which
issued them.
Inspectors of ports shall not allow the holders of passports to land
if the passports are not made out in the prescribed form or if the
personal description or photographs on them do not tally with those
of the holder.
Article 14.
The interested parties shall apply to the governor’s office of their
province in order to obtain, after identifying themselves, the
certificates of residence which they left there upon leaving the
country. The fact of their having thus left the country shall be
noted on the said certificates, whereupon the passports shall be
sent to the proper executive department for file or destruction.
Article 15.
Transportation companies who bring Chinese, Syrians, or Turks to the
country en route elsewhere shall be responsible that they continue
to their destination and do not remain in the country in violation
of the laws. The police authorities shall lend them the necessary
cooperation and assistance for this purpose.
This responsibility of each navigation company shall cease when the
company with which it connects assumes it in writing, or upon the
presentation of the certificate of disembarkation in the port of
destination, issued by the competent authority and certified to by
the consul of Panama or of a friendly nation in default of such.
Article 16.
If it should be discovered that these foreigners in transit have
evaded the provisions of the law and of this decree, they shall be
placed in prison, compelled to leave the country, and the
transportation company responsible fined as in the case of article 2
of law 6 of 1904.
[Page 936]
Article 17.
The foreigners referred to in law 6 of 1904 who desire to visit the
country for pastime or observation may do so provided they fulfill
the following formalities:
- (1)
- First obtain permission from this office.
- (2)
- Come provided with a certificate of personal
identification issued by the diplomatic or consular officer
of Panama in their country, or, in default of such, by any
other official of this class of a friendly nation accredited
to the country from which the visitor comes, it being
necessary to paste the photograph of the interested party on
the back of said certificate; and
- (3)
- Furnish, upon their arrival, a bond for 250 balboas as a
pledge that they will not remain longer than three months in
the country.
Article 18.
The documents referred to under (1) and (2) of the foregoing article
shall be received by the captain of the port (harbor master) in
which the interested party lands. Said documents shall be sent at
once to this office for file.
Article 19.
The bond referred to under (3) of the foregoinga article shall be canceled upon
presentation of a passport issued by this office and canceled by the
consul of Panama or of a friendly nation stationed in the foreign
port where the interested party lands.
Article 20.
The foreigners referred to in law 6 of 1904, who are members of
buisness firms established in the Republic, may come to the country
on a visit of inspection for as long as six months, provided they
fulfill the same formalities as established in article 17 for such
visitors in general, and provided they first prove that they are
members by means of a certified copy of the proper document.
Article 21.
When any foreigner referred to in the present decree dies, it shall
be necessary, when requesting permission of the mayor to bury the
body, to present the certificate of residence of the deceased person
for cancellation, a note of such cancellation being made in the
register.
The expiration of any certificate of residence shall likewise be
noted in the register, without receh ing any notice, when it is
known in the mayor’s or governor’s office that the certificate has
expired, as in the case of indefinite absence from the country or
death outside the jurisdiction of the place where the register is
kept.
Article 22.
It is understood that under the denomination of “Turks,” law 6 of
1904 includes only those from Turkey proper, European or Asiatic,
and not those from its tributary dependencies.
Article 23.
A note shall likewise be made in the aforementioned register of the
certificates of residence canceled for any other reason.
Let this be communicated and published.
Given at Panama,
September 21,
1905.
J. D. de
Obaldia.
Ricardo Arias,
Secretary of
Foreign Relations.
