§ 2. From and after the 1st day of March, A.D. 1888, no vessel coming from parts beyond the Hawaiian Islands shall be allowed to land Chinese at any port in this kingdom, unless said Chinese are provided with permits to enter the kingdom, granted, signed, and scaled 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 in Council, except as hereinafter provided, and excepting all Chinese to whom or for whom permission to enter the kingdom has heretofore been granted, as shall be shown by the records of the Office of the Minister of Foreign Affairs.

§ 3. If any master of a vessel shall land or attempt to land any Chinese without such permit as aforesaid, he shall be liable, on conviction, to a penalty of 200 dollars for each Chinese unlawfully landed or attempted to be landed; and such passenger landing or attempting to land shall be liable, on conviction, to a penalty of 50 dollars, and the master of such vessel shall be compelled to re-embark such Chinese as may have unlawfully landed, and upon his neglect or refusal so to do, after notification by the Minister of Foreign Affairs, he shall be liable, on conviction, to a penalty of 200 dollars, or to imprisonment for a term not exceeding thirty days.

$ 4. Any person who shall knowingly bring into, aid or abet in bringing into, or cause to be brought into the kingdom any Chinese not lawfully entitled to enter it, shall be liable, on conviction, to a penalty of 200 dollars for each Chinese unlawfully brought in, or to imprisoument for a term not exceeding thirty days.

§ 5. The Minister of Foreign Affairs shall, subject to the regulations aforesaid, grant permits to enter the kingdom to Chinese, as follows:

:

1. To any Chinese resident in this kingdom at the date of the passage of this Act, and to such as may become residents by virtue of its operation; provided that such person shall have resided. within the kingdom for two years, and provided that it shall appear to the satisfaction of said Minister that said applicant is not a vagrant, criminal, professional beggar, user of opium, or one likely to become a charge upon the country.

2. To such Chinese, not to exceed 300 in any one quarter year, as said Minister may, with the concurrence of the Cabinet and upon the requisition of the Board of Immigration, deem advisable and beneficial to the industrial and agricultural interests of the kingdom to admit.

3. To domestic servants accompanying their employers, such employers not being Chinese.

4. To such other persons as may wish to sojourn temporarily in * Amended by Act of November 14, 1890, page 899. 3 M

[1890-91. LXXXIII.]

the kingdom, as travellers or as merchants having business interests in this kingdom; provided that such sojourn shall not exceed six months, and provided that such person so permitted to enter shall give a bond to said Minister in the sum of 500 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 misdemeanour, and shall, upon conviction, be imprisoned at hard labour 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 5 dollars.

§ 6. Permits to enter the kingdom shall also be granted by the Minister of Foreign Affairs, His Majesty's Consuls-General at Hong Kong and San Francisco, and His Majesty's Consul or Commercial Agent at Shanghae, to any Chinese woman of good moral character, or to the wives of Chinese residents in the kingdom, and to Chinese children under 14 years of age whose parents are residing in the kingdom, or who accompany their parents, and to families consisting of parents and children, as aforesaid. No charge will be made for permits granted hereunder.

§ 7. The Minister of Foreign Affairs shall also grant permits to enter the kingdom without charge to ministers and teachers of any Christian denomination who are properly identified as such.

§ 8. This Act shall not apply to diplomatic or other officers of the Chinese or other Goɣernments travelling upon the business of that Government, whose credentials shall be taken as an equivalent to the permit in this Act mentioned, and shall exempt them and their body and household servants from the provisions of this Act as to other Chinese.

§ 9. All permits issued under the provisions of this Act are personal and not transferable, and a transfer or attempted transfer shall be deemed to be a cancellation and a forfeiture; and the person making or attempting to make such transfer, and any person aiding or abetting him in so doing, shall be liable, on conviction, to a penalty of 200 dollars, or to imprisonment for a term not exceeding six months at hard labour.

§ 10. Permits issued under this Act shall be surrendered by the holder, on his entering the kingdom, to the Collector-General of Customs, or other Collector of Customs, who shall hand them to the Minister of Foreign Affairs for verification.

The Collector-General or any Collector of Customs shall have the authority to detain any person detected in, or reasonably suspected of, a violation of any of the provisions of this Act, and to hold him until a warrant of arrest can be obtained.

$ 11. All offences under this Act shall be heard and determined

and all penalties recovered, except as provided in § 5, in a summary manner before any Police Magistrate or District Justice, subject to the right of appeal.

§ 12. All moneys received by the Minister of Foreign 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."

§ 13. An Act entitled "An Act to regulate the landing of passengers arriving at the different ports in this kingdom," approved the 1st August, 1878, being Chapter 20 of the Session Laws of 1878, and all laws or parts of laws in conflict with the provisions of this Act, and all "Regulations for the control of Chinese immigration," heretofore issued by the Minister of Foreign Affairs, by virtue of the authority conferred upon him by a Resolution of His Majesty in Cabinet Council passed on the 13th day of July, 1883, and all amendments thereto, are hereby repealed

§ 14. This Act shall take effect on the 1st day of March, A.D. 1888.

Approved this 20th day of December, A.D. 1887.

By the King:

L. A. THURSTON, Minister of the Interior.

KALAKAUA REX.

ACT of the Hawaiian Islands, to authorize the Introduction of Chinese Agricultural Labourers and to amend Chapter 28 of the Laws of 1887, entitled "An Act to regulate Chinese Immigration."

[November 14, 1890.]

BE it enacted by the King and the Legislature of the Hawaiian Kingdom:

§ 1. That paragraph 2 of section 5 of an Act entitled "An Act to regulate Chinese Immigration," approved on the 20th day of December, 1887,* being Chapter 28 of the Laws of 1887, be and the same is hereby amended to read as follows:

"2. The Minister of Foreign Affairs, upon the written approval of the Board of Immigration as certified by its Secretary, shall issue, from time to time, special permits for persons of Chinese birth to enter and reside within this kingdom upon the terms and conditions hereinafter prescribed. Such permits shall issue to persons or corporations engaged in agriculture in this kingdom for

* Page 896.

as many Chinese labourers as he or they may, on oath, declare to be necessary for carrying on such several enterprises. Each of such special permits shall be issued in triplicate, one to be held by the Chinese presenting the same, the other two to be disposed of as provided by § 3 of this Act. Such permits shall be signed by a clerk of the Foreign Office, and numbered consecutively, which number shall be preserved in a record of the Foreign Office. Each of such permits shall contain the following conditions:

"(1.) That the bearer who presents it for entry into the kingdom shall remain therein for a term not exceeding five years.

“(2.) That such bearer shall not engage in any other occupation than that of agricultural labour, provided that the term agricultural labour shall be held to include labour in sugar mills, rice mills, and coffee mills, and all labour incident thereto.

"(3.) That if such person shall be found out of employment at any time during such term or engaged in any other employment than that of agricultural labourer, or shall be found in this kingdom after the expiration of such term, he may thereupon be arrested and held in custody until an opportunity occurs to return him to China.

(4.) That one-fourth of the money due to such person as compensation for work done shall be retained by the employer each month and forwarded by him to the Board of Immigration, to be by it deposited in the Treasury of the kingdom as a special deposit, subject to the order of the President of the Board of Immigration, and to be returned by the said Board to such person upon his leaving the kingdom. Provided, however, that such retention and deposit shall cease whenever the sum to the credit of any one labourer shall amount to the sum of 75 dollars. The said Board shall have the authority to pay the return passage of such person out of such sums so deposited. If such person shall enter into any other employment than that of agricultural labour or shall desert his employer, such money so deposited may be forfeited to the Hawaiian Government.

"(5.) That the said bearer shall not be entitled to exercise the rights of an Hawaiian citizen as to the term of residence or employment while in the Hawaiian Kingdom, but shall be restricted to the term and employment named in such permit."

§ 2. Before issuing the special residence permits as herein before provided, the Minister of Foreign Affairs shall require of the persons or parties applying for the same to execute and deliver a bond to him for the use and benefit of the Hawaiian Government, in the penal sum of 75 dollars for each man to be lauded under such special residence permits. The said Minister may in his discretion require one or more sureties to said bond. Said bond shall be conditioned,

that the applicant will furnish the man named in such special residence permit with agricultural labour so long as he remains in the kingdom; that he will at the expiration of the term of service named in the special residence permit surrender the person therein named (except in case of death) to the Board of Immigration or its agent; that he will forward and pay to the Board of Immigration each month one-fourth of the money due for compensation for work and services done, until the sum so forwarded shall reach the sum of 75 dollars; that in case of desertion he will immediately notify the Inspector of Immigrants of the desertion of the person or persons so deserting, and that he will not be privy to nor assist the person named in such special residence permit from entering into or becoming engaged in any other trade, business, or calling than that of agricultural labour as defined by this Act. In case of forfeiture of the bond, and of the payment of the penalty by the obligor therein named, the amount on deposit against the labourer named in the bond shall be paid over to such obligor.

§ 3. Special residence permits shall be issued in blank, and the name of the labourer may be inserted at the time of presentation to the Customs officer for entry into the kingdom or at any time previous thereto, and a note of such presentation shall be indorsed on the permits. The duplicates and triplicates of such permits shall be filed in the office of the Board of Immigration and with the Collector of Customs.

§ 4. The presentation of such a permit by any person for admission into this kingdom shall be held to be a consent by such person to all of its terms, and shall prevent him or any person on his behalf from denying the validity of the same in any manner whatsoever in any Court of Justice.

§ 5. Any labourer deserting or leaving or refusing to do the work of his employer shall, besides the provisions of sub-division 3 of § 1, be also subject to the penalties prescribed by law for desertion or refusal to work.

§ 6. If at any time a labourer coming under the provisions of this Act desert his employer, such employer shall immediately notify the Inspector of Immigrants of such desertion by mailing a registered letter to him. The Inspector of Immigrants shall thereupon cause a notice of such desertion to be sent to the Sheriff or Deputy Sheriff of every district of the kingdom. Such Sheriff or Deputy Sheriff shall thereupon post, or cause to be posted, a notice that such Chinese, giving name and description, has deserted from his employer, with amount of reward (if any) offered for his delivery into custody. In the city of Honolulu at least twenty of such notices shall be posted in conspicuous places.

§ 7. All expenses paid out or incurred by the desertion and