Management Board, may call upon and require any Chinaman judged by such official to be over the age of eighteen years residing or found within the district or town in which any such officer, constable, or person specially appointed is employed, to exhibit to him the Certificate of Exemption provided for in the third or succeeding sections of this Act, and failing the production of such certificate, such Chinaman shall be taken before the resident Magistrate of the said district, who shall summarily inquire into the matter, and, if not satisfied with the prima facie circumstances of the case, shall have the said Chinaman arrested and tried in the ordinary course under the provisions of this Act.

12. Every Certificate of Exemption shall be renewed by the Resident Magistrate of the District in which a certificated Chinaman resides once a year on, or before, the 15th January, provided that Certificates of Exemption under section three shall be considered renewed by the Magistrate certifying thereon under his hand and stamp of office that they have been duly produced upon the date required, and every such certificate destroyed, lost or stolen shall upon clear proof to the Magistrate of the fact, entitle the registered holder to a fresh certificate.

13. Whenever the loss of a Certificate of Exemption is reported to the Resident Magistrate of the District in which the Chinaman concerned resides, or of any other District to which it may be suspected the certificate in question has been removed, or whenever the Resident Magistrate of any district deems it expedient so to do, he may cause all Chinamen residing or being in his District to appear before him simultaneously and produce their Certificates of Exemption, whether granted under the third or succeeding section of this Act, and any Chinaman found in the District or Town without such Certificate shall be dealt with in manner provided in the twelfth section of this Act.

14. Whenever the provisions of the last preceding section are put into operation, or at such other time as it may be made to appear to the Resident Magistrate of a District that there are reasonable grounds for believing that any Chinaman not having or being entitled to have a Certificate of Exemption is within the said District contrary to the provisions of this Act, it shall be lawful for such Magistrate to issue a search warrant to any police officer of the said District who shall be required and is hereby empowered with any assistance necessary for the duty, to search any premises in or on which there is reasonable suspicion to believe that any such Chinaman is concealed, and to bring any Chinaman so found, and apparently over the age of eighteen years, before the Magistrate as in the twelfth section of this Act provided.

15. Every Chinaman leaving a District to take up his residence in another Magisterial District shall notify the fact to the Magistrates of both Districts, and shall forthwith be registered in the new District to which he removes.

16. Any Chinaman temporarily present in a District other than

that in which he resides shall, upon production of his certificate when called upon to produce the same, and upon the said Magistrate being satisfied that he is the person named in such certificate, be allowed to remain in the said District or Town for the time required by him for the purposes of his visit.

17. No liquor, mining, general dealer's, importer's, hawker's or other licence whatever to carry on a trade shall be issued to any Chinaman who is not the registered owner of a Certificate of Exemption under this Act, nor shall any such Chinaman have any direct or indirect interest in any such licence in this Colony, and no Chinaman not being the registered owner of a certificate aforesaid shall be permitted to enter into a contract of labour either as a labourer in mining, agriculture, or any other pursuit, as a domestic servant or as a laundry man, or to be an assistant to a person holding any of the licences mentioned in this section of the Act.

18. Any Chinaman who wilfully contravenes, evades, or attempts to contravene or evade the provisions of this Act shall be guilty of an offence, and on conviction thereof any Certificate of Exemption granted to him shall lapse, and he shall be liable to a fine not exceeding £100, or in default thereof to imprisonment with or without hard labour for a period not exceeding one year, or to both such fine and imprisonment.

19. Every Chinaman found guilty of an offence under this Act shall, in addition to the penalties imposed upon him in respect thereof, be liable to be deported from this Colony to China or the place from whence he came at the discretion and upon the order of the Minister in charge before or upon the expiration or satisfaction of the said sentence, and the order of the Minister in charge shall be a sufficient warrant to any gaoler or person having such Chinaman in custody to release him for the purpose of this section.

20. Any person who in any way wilfully aids, abets, or assists any Chinaman directly or indirectly to commit an offence under this Act shall be guilty of an offence, and shall on conviction be liable to a fine of £100 for each and every Chinaman so aided, abetted or assisted, or, in default of payment, to imprisonment, with or without hard labour, for a period not exceeding two years, or to both such fine and imprisonment.

21. Any person who lets or gives occupation of any shop, store or building to be used for the purposes of trade or business to a Chinaman not having a Certificate of Exemption under this Act, shall be deemed guilty of an offence under this Act.

22. Every master of a ship which has any Chinamen on board shall, on arriving at any port in the Cape Colony, forthwith report the fact to the local Senior Customs Officer, failing which he shall be liable to a penalty in a fine not exceeding £50, or, in default of payment, to imprisonment with or without hard labour for

three months.

23. The Master, Owner, and Charterers of any ship, or the owner or driver of any vehicle in or by which, with the knowledge of the Master or Owner any Chinaman enters the Colony contrary to the provisions of this Act, shall be liable jointly and severally to and for the penalty in the twentieth section mentioned, and in addition thereto shall at the order of the Minister convey free of charge such Chinaman back to the place from which he was brought.

24. The Minister may, by an order in writing signed by him, authorise any officer to detain any ship or vehicle until the Master or Owner shall have paid any penalty imposed on him under this Act, or shall have given sufficient security for the due payment of the penalty. Failing such security, or payment, such ship or vehicle may, by order of the Supreme Court, be attached and declared executable, in satisfaction of any writ issued for the recovery of such penalty.

25. Every police officer, police constable or railway official shall with any necessary assistance prevent the entry into the Colony of any Chinaman who does not possess the certificate referred to in the third section of this Act, and no railway ticket or pass authorising a Chinaman to travel by rail into this Colony shall be accepted as such by any railway official without production of such certificate under penalty of instant dismissal.

26. Every Resident Magistrate shall have jurisdiction and is hereby empowered to try any offences punishable under the eighteenth, twenty-first and thirtieth sections of this Act, and committed within the limits of his District, or within two miles of the borders thereof, and shall forward to the Minister in charge a copy of the record of any case so tried by him.

27. For the purposes of any prosecutions under this Act, the Court, Judge or Magistrate may decide upon their own view and judgment whether any person produced before them is a Chinaman.

28. It shall be lawful for the Governor from time to time to make and to alter regulations having the force of law in order to secure the better carrying out of the provisions of this Act and generally in furtherance of the objects of the Act.

29. It shall be lawful for the Governor from time to time specially to appoint officers within and beyond the limits of the Colony to carry out the provisions of this Act and of regulations framed thereunder and the Governor shall prescribe the duties of such officers.

30. The Governor may prescribe penalties for the contravention of any regulation made by him under this Act provided that the penalty in respect of any one contravention shall not exceed a fine of £100 or in default of payment thereof imprisonment with or without hard labour for a period of 12 months, the said penalty shall apply to any person convicted of contravening the twenty-first section of this Act.

31. All regulations under this Act and also all appointments of officers as aforesaid shall be published in the Government Gazette, and copies of such regulations and lists of such appointments shall be laid before Parliament within thirty days after publication if Parliament is sitting, otherwise within thirty days after the Session of Parliament begins.

32. In every Session of Parliament there shall be laid before it a return showing particulars since the date of the last return of all persons to whom Certificates of Exemption have been granted.

33. After the passing of this Act no Certificate of Naturalization shall be issued to any Chinaman on any grounds whatsoever, and all Chinese not being British subjects born, nor being naturalized subjects of His Majesty, naturalized in this Colony before the passing of this Act, leaving this Colony, shall not be permitted to re-enter, and their Certificates of Exemption shall lapse from the date of their departure.

34. Any Chinaman not being a British subject, born or naturalized in this Colony, who shall be twice convicted after the passing of this Act of either assault or gambling, or keeping a brothel, or who shall be convicted of any other crime before a Superior Court, shall be deported from this Colony to China after the expiration of the sentence passed upon him.

35. No Chinaman shall be registered as a voter or take part in any election, municipal or otherwise, unless he is the registered holder of a Certificate of Exemption showing him to be a British subject born or naturalized in this Colony.

36. This Act may be cited as 1904."

"The Chinese Exclusion Act,

FIRST SCHEDULE.

CAPE OF GOOD HOPE.

Certificate of Exemption under "The Chinese Exclusion Act, 1904."

This is to certify that

, of

aged , a [insert here trade, calling, or other description] is exempted from the provisions of the above Act on the ground that he is (a) a natural born British Subject (b) naturalized in this Colony.

aged

SECOND SCHEDULE.

CAPE OF GOOD HOPE.

Certificate of Exemption under "The Chinese Exclusion Act, 1904."

This is to certify that

of

a [insert here trade, calling, or other description] is exempted

from the provisions of the above Act.

ACT of the Government of the Cape of Good Hope to Amend the Chinese Exclusion Act, 1904.*

[No. 15.]

[Assented to 15th August, 1906.] BE it enacted by the Governor of the Cape of Good Hope, by and with the advice and consent of the Legislative Council and House of Assembly thereof, as follows:

1. Anything to the contrary in the Chinese Exclusion Act, 1904, notwithstanding, it shall be lawful for the holder of a Certificate of Exemption, granted by the Minister under and by virtue of section 6 of the said Act, against whom no conviction is recorded which would render him liable to expulsion from this Colony under the said Act, to apply to the Minister or any officer authorised by him to receive applications under this Act for a permit to visit China or other eastern country from which he may originally have come; and, on such permit being granted and acted upon, the person to whom the same was issued may re-enter the Colony within such period and at such port or place as the Minister may have prescribed in such permit: provided that all and several the conditions under which permits may alone be granted hereunder shall have been complied with to the satisfaction of the Minister.

2. The Governor by Regulation shall, as soon as may be after the coming into effect of this Act, prescribe the mode in which

* Page 698.