Appendix 6
Pacific Island Trade — Revised Regulations
The following article from the Brisbane Courier of the 21st of May 1892 outlines the revised procedures required of the Government inspectors for them to comply with the updated regulations contained within the Pacific Island Labourers Acts.
PACIFIC ISLAND TRADE. – THE REVISED REGULATIONS
THE OLD AND THE NEW
The revised regulations under which kanakas are to be introduced into Queensland were considered by the Executive Council yesterday and being finally passed are now available for publication. Two matters have received treatment - the first is the regulations made under the Pacific Island Labourers Acts, 1880 - 1892, and the second the instructions which are issued to all the Government agents who are employed in the trade. The matter has received a good deal of consideration, and it is understood that the agents themselves were consulted as to the best mode of carrying into effect the suggested remedies for past abuses before they were finally drafted for approval.
Many of the regulations are unaltered, while others have been reconstructed, either for the purpose of making their meaning clearer or to remove any ambiguity. There is no alteration in the mode of issuing the licences, but under the heading "Ships, accommodation, &c,” the comfort and privacy of female passengers are more stringently looked into. The old regulations provided that the women’s compartments "must be properly separated from the compartment for men and having no communication with it or with any other part of the ship except the deck." To that has now been added the provision, "No male islander and no male member of the ship’s company shall be allowed to enter the women’s compartment when occupied by women unless accompanied by the Government agent." As might very naturally be expected, there is an important alteration to the regulation as to the firearms and liquors carried on board ship. The new regulation reads as follows: "A ship will not be allowed to carry any greater quantity of firearms and ammunition than is required for ordinary ship’s use, or any greater quantity of fermented or spirituous liquors than is required for medicinal purposes and for a daily issue of spirits to an extent not exceeding one-eighth of a pint per day for each member of the ship’s company. The licence will not be delivered to the master of the ship until the Inspector of Pacific Islanders at the port of departure has received a certificate from the principal officer of Customs at that port stating what firearms and ammunition and fermented or spirituous liquors are on board, and certifying that they are not more than is required for ordinary ship’s use and for medicinal purposes respectively. Fermented and spirituous liquors, except rum, must be carried in glass. They shall not be issued except for the purposes aforesaid, and on the order of the Government agent, which shall be recorded by him in his log. On the return of the ship to Queensland the arms and ammunition and fermented and spirituous liquors remaining on board will be examined by the principal officer of Customs at the port of arrival who will report the result of the examination to the Inspector of Pacific Islanders at that port. In the provision as to boat accommodation the old regulation as to there being three boats is adhered to, and the addendum is made that "each boat intended to be used for recruiting must be provided with a breaker or breakers of an aggregate capacity of not less than 18 gallons, to be approved by the shipping inspector." The most important alteration, however, is that the regulations of the 10th March 1892, relating to life saving appliances, and made under the Navigation Act of 1870, must also be complied with. One of the most important departures is as to the mode of inspecting the vessel before the licences are issued. Formerly the inspector at the port of departure had to satisfy himself as to the medical comforts, water supply, etc. Now the necessary certificate, to be procured before the delivery of a licence to the master of the vessel, has to be obtained by the inspector under the hand of the medical officer or health officer at the port of departure. The certificate must state "that proper provision is made for ventilation, and that the ship has on board a modern and approved medical work on the treatment of diseases, and also a proper supply of medicines, medical comforts, instruments, and other appliances necessary for diseases or accidents incidental to a sea voyage, and for the medical treatment of the passengers as required by the 12th section of the Pacific Island Labourers Act of 1880. The inspector has also to obtain from the shipping inspector at the port a certificate that proper provision is made for ventilation and that the ship has a proper supply of cooking utensils, water tanks, and vessels for the supply of water to the passengers during the voyage, and that all the provisions of these regulations with respect to the ship have been complied with. The inspector has to forward the certificates to the Immigration Agent at Brisbane. Pigs and dogs are not to be carried on any of the labour ships." Formerly they might have been taken if proper accommodation was provided.
The provisions as to recruiting have been thoroughly revised and, in many cases, reconstructed. There are, however, very few fresh departures. A new regulation provides that "the Government agent, the master, and all the ship’s company must at all times during the voyage sleep on board the ship. If from any reason any of them are prevented from doing so the circumstances are to be fully recorded in the ship’s log and also the Government agent’s log." The old regulation as to recruiting at any island being forbidden by the Minister in Queensland by a general direction published in the Government Gazette is adhered to in the same terms as before, but in the provision as to the master of a vessel being under the direction of the Government agent more imperative language is used. In the old regulations the master was required to obey "the reasonable directions" of the agent; now there is no qualification and the word "reasonable" has been struck out. With regard to the diet of the islanders two new clauses have been introduced, which provide that the Government agent may require the master to obtain, when it is practicable to do so, a sufficient supply of the food to which the islanders are accustomed at their native islands, to be used in substitution for that as prescribed by the 12th section of the Pacific Island Labourers Act of 1880. The agent may authorise, and, when practicable require, the substitution for use of an equivalent quantity of the food to which the islanders are accustomed at their native islands.
The phraseology of the clause directing that labourers are to be recruited in the presence of the Government agent has been altered, but the original sense is retained, the clause reading as follows: "Recruiting is not to be allowed under any circumstances in the absence of the Government agent, and he must inform himself by personal observation and inquiry that every intending recruit understands the nature of his engagement." The directions as to the mode in which the boats engaged in recruiting are to act have also been slightly altered. Under the revised regulations recruiting must in all cases be carried on by two boats working together - that is to say, a "recruiting boat" and a "covering boat". The Government agent is to go in the latter so that, in case of attack by natives, he may have a reasonable chance of warning the recruiting boat which should be offshore from him. The water breaker in each boat must be filled with fresh water when the boat leaves the ship, which must not, except when the safety of the ship renders it necessary, be kept further than three miles from the shore, or five miles from the boats, while recruiting is proceeding. Two Europeans at least, not counting the Government agent, must be present in every boat which leaves the ship to recruit labourers. No firearms or liquor are to be taken on board or unladen during the voyage. If this regulation is violated the Government agent is "peremptorily required to refuse to permit any further recruiting on that voyage" while the following fresh penalty is imposed - "The master of the ship will not be allowed to be employed on any ship engaged in the trade."
Fermented or spirituous liquors are not to be given to any islander, either on his island or in the boats or on the ship, except for medicinal purposes, and then only by order of the Government agent; nor are such liquors to be taken in the recruiting boats. Islanders are not to be recruited who are apparently under the age of 16 years, nor those who are not in sound health, neither are they to be obtained from any island except their own or from the employ of Europeans. Should any islander after being recruited leave the ship, or refuse to go aboard of her, no attempt is to be made to induce him to alter his mind or to force him into service. Women may not be recruited unless accompanied by their husbands, nor without the consent of the chief of the place. All trading with natives must be conducted under the supervision of the Government agent who will note the particulars in his log. And should the person entrusted with the recruiting be, from any cause, unable to perform the duty the master of the ship may, with the approval of the Government agent, appoint a successor but the master himself will not be allowed to assume the office of recruiter. Recruiting on Sundays is also prohibited. This is an entirely now provision. If, at any time while recruiting is proceeding, it appears to the Government agent that, on the return of the vessel to the colony, difficulty may be experienced in procuring the services of an interpreter for any islander proposed to be recruited, the Government agent is to refuse his sanction to the engagement of such islander, notwithstanding the fact that he may be in a position to explain to the islander the conditions of the engagement by means of interpreters at the island. All engagements of interpreters are to be supervised by the Government agent. It is provided that all native boatmen engaged at the islands must be paid in coin though, should an islander wish trade in lieu of money, it may be given him under the supervision and to the satisfaction of the Government agent. The Government agent, too, has power to refuse to permit any further recruiting if any islander is recruited contrary to the provisions of the regulations, and to require the ship to return to Queensland as soon as the return islanders (if there are any) have been landed. On the arrival of the ship in Queensland someone must be available competent to interpret between every islander on board and the inspector at the port of arrival. Any islander on board whose language cannot be interpreted is to be returned to his island at the expense of the owner of the ship. The health officer or medical officer has to inspect every islander as he or she is landed, and if any of them are unfit they will have to be returned to their native island. The medical inspection of return islanders is also stringently provided for, and if it appears from the medical officer’s report that the voyage is likely to be injurious to an intending passenger he is not to be allowed to proceed in the ship without the special direction of the Minister. Returning islanders and their property must be landed at their own villages or passages, unless in cases where they desire to be landed at some other place, when the Government agent may permit them to be so landed. Every such case, and the reasons for granting the permission, must be specially and fully recorded in his log. If a returning islander dies before his arrival at his native island his effects are to be delivered to his friends at the island, if any can be found. If none can be found the effects are to be brought back to Queensland and delivered to the inspector at the port of arrival. The handing over of returning islanders to, or exchanging them with, any other vessel is only permitted under most urgent and exceptional circumstances, and any Government agent allowing it has to record at length in his log the reasons for his action. A new regulation provides for presents being sent to relatives of labourers who die under engagement. In every case such death is to be reported to the Minister and a sum equal to one half of the wages due to the labourer at the time of his death, and of the money to his credit in the Savings Bank, or such larger proportion of such wages and money as the Minister may direct, may be applied in the purchase of goods for his relatives at his native island. The goods may be purchased from the ship’s stores at reasonable rates and are to be delivered to his relatives there by the Government agent accompanying the first ship that proceeds to the island, if any can be found. No person is to be permitted to proceed to the islands as a passenger in a licensed ship without the permission of the Minister. The regulation as to the separation of the sexes has been altered in the wording, but the sense is retained. Any door or other means of communication between the quarters for men and women, which may be opened for convenience when in port, has to be kept locked or nailed up when the ship is at sea and when islanders of both sexes are on board. The scale of clothing and provisions has been altered and is now of a more liberal character. As this is a matter of considerable interest we give the daily ration as follows: beef or mutton, 1½ lb.; bread or flour, 2 1b.; sugar, 5 oz.; potatoes 3 lb. or rice 6 oz.; tea, ½ oz.; tobacco per week, 1½ oz.; salt per week, 2 oz.; soap per week, 4 oz.
The yearly clothing allowance is as follows: Males (each): 4 flannel shirts, 4 pairs trousers (moleskin or serge), 2 hats, 1 pair blankets. Females (each): 4 chemises, 4 wincey dresses, 4 flannel petticoats, 2 hats, 1 pair blankets. The meat allowance has been increased by half a pound, and the same addition has been made to the bread and flour. The trousers for the male labourers have been increased from three to four annually, and the hats from one to two. The women are to have four flannel petticoats instead of two, and two hats instead of one. All provisions and clothing are to be subject to the approval of the inspector. Blankets, except with the special permission of the Minister, are to be of not less than 6lb. weight.
Transfers of the services of labourers before the expiration of six months from the date of the arrival of the ship by which they were introduced will not be allowed without the special sanction of the Minister; nor will transfers from an employer residing in one district to an employer residing in another be allowed without the like sanction. On the expiration of the engagement of an islander his employer is to at once inform the inspector of the fact, and to state what arrangements he has made for the return of the islander to his native island, or for his re-engagement, as the case may be. The provisions as to the appointment of the committees for the management of kanaka hospitals are the same as in the past.
INSTRUCTIONS TO GOVERNMENT AGENTS
The instructions which are issued to the Government agents have undergone very little alteration. As there is a great deal of interest taken in their duties, however, we give them in full below, prefacing that the only additions which have been made are clauses 2, 12, 15, 16, and the, latter paragraph of Clause 17. The attention of Government agents is especially directed to the Acts and to the regulations of the 20th of May 1892, a copy of which is delivered to them herewith. Their duty is to see that the provisions of the Acts and the regulations are strictly observed. They will act as directed by the regulations, and will also observe the following instructions:
Government agents, when appointed to a ship, must see that they are furnished with the following papers and forms: (1) Official log or diary; (2) forms of certificate of due return of islanders; (3) forms of certificates of engagement (Schedule I. of the principal Act); (4) forms for inward passenger list.
The Government agent must on all occasions, when on duty, be decently and becomingly dressed, and wear a distinguishing badge as follows: Two gold cords round each sleeve near the wrist, two gold cords round the hat or cap, and a crown in gold embroidery on the front of the hat or cap.
Government agents are especially to remember that the position in which they are placed renders them responsible to the Queensland Government alone. If the master or officers of the ship interfere with them in the performance of their duties, or refuse to obey their directions, it will be their duty to report the matter to the Government by the first available opportunity, and immediately upon the ship’s return to the colony.
The position occupied by Government agents towards the master, officers, and other servants of the owners of the ship is one which requires the exercise of much discretion and, while taking every precaution to see that the regulations are obeyed, they are not unnecessarily to interfere with the ship’s officers in the discharge of their duties.
The Government agent is required, on taking charge of a ship, to inspect all stores and clothing required for the voyage with the view of ascertaining that they are of good quality and sufficient in quantity and is, if satisfied, to certify to the Inspector of Pacific Islanders at the port of departure to that effect.
When at sea, the Government agent is required to see that provisions are issued daily, according to scale; but he is expected to act with discretion in cases of sickness, or as to the issue of meat to new recruits.
The logbook with which the Government agent is supplied must be carefully kept, and every occurrence of consequence noted therein. The logbook must be written up daily, and no additions must be made after the day’s log is closed, nor will any interleaving be permitted.
On taking charge of islanders returning to their native islands the Government agent is to muster them from the list handed to him by the inspector at the port of embarkation, which list will contain the native name of each islander, his native island, the part of it at which he is to be landed, and the name of the employer to whom he was originally engaged; and he will on no account allow any islander whose name does not appear on the list to proceed in the ship.
He will, before leaving port, carefully compare his list of return islanders with that furnished by the master to the Customs and certify to the correctness of the latter.
On final departure from the Queensland coast, but not before, and on being satisfied that all the regulations have been complied with, the Government agent will hand the licences to the master. Should any irregularity be discovered, of whatever nature, after clearance at the Customs, he will withhold the licences, report at once, by telegraph if necessary, to the inspector at the port and await instructions.
The Government agent is required to see that every return passenger is duly landed along with his property, not only on his own island but at his own village or district; and on no account must any islander be landed at any island, village, or district other than the one from which he originally came, unless he expressly wishes it, in which case a full explanation of the circumstances must be entered in the log.
The Government agent is to take especial care to satisfy himself that a woman desiring to recruit is accompanied by her actual husband.
If the Government agent finds it necessary to give any directions to the master with respect to the observance of the Acts or regulations, he is to do so in writing, a copy of which must be entered in the log. He is also to report the matter to the Immigration Agent at the first opportunity.
The Government agent is to see that all islanders recruited are engaged for service in a certain locality, in accordance with the licences issued to the ship, and that each one fully understands the nature of the agreement he is about to enter into, as to rate of payment, and especially of duration of service; and if he observes that any recruit desires to come to a Queensland port other than those mentioned in the licences or to which the vessel is not bound, he will explain to the islander the destination of the vessel, and his chance of being employed by the master whom he desires to serve.
The Government agent is to pay special attention to the requirements of the thirty-ninth regulation and must not hesitate to act upon it if any islander is recruited contrary to the provisions of the regulations.
When a Government agent is instructed to deliver goods to the relatives of a deceased islander he must, on the ship’s arrival at the island, make diligent inquiry for the purpose of discovering such relatives, and if he discovers them he will purchase goods to the extent of the money available for the purpose (of which he will be informed before sailing), and will deliver them to the relatives. The circumstances of each case must be fully recorded in the log.
The clothing prescribed by subsection 7 of section 12 of the Act of 1880 must in all cases be issued to the recruit immediately on his (or her) arrival on board. Any failure in this respect is to be reported by the Government agent on arrival in Queensland. The Government agent will use his discretion as to requiring the clothing to be worn by the recruits from time to time.
The Government agent is to be careful to enter in his log, and to report by first opportunity to the Immigration Office Brisbane, any violation of the Acts or regulations by any person engaged in the Pacific labour trade with which he may become acquainted in the course of the voyage
On arrival at a Queensland port the Government agent will at once forward to the inspector a report of the voyage, accompanied by his log, giving particulars of the landing of all returning islanders, and also a list of all inward passengers, specifying the name, sex, native island, and village or district of each passenger, and whether each passenger has previously been in Queensland or Fiji. The particulars given in this list must correspond with the particulars given in the certificate of agreement (Schedule 1 of the Act of 1880).
The Government agent must note in the proper place in the log the dates and places of discharge of every boatman employed on board the vessel, and in the cases of boatmen brought or returned to the colony, a record of the fact must be carefully made and the circumstances under which they have been so brought or returned must be fully stated in the log.
The list of the crew given in the log is to be compared with the ship’s articles, adding or amending from time to time, as necessary.
The Government agent will be informed what fixtures have been measured when calculating the carrying capacity of the ship, and he will on no account permit anything else to be placed in the islanders’ quarters except their luggage.
The attention of the Government agent is particularly directed to the provisions of the Act of 1880 (section 11), requiring that there shall be available for exercise, on the upper deck or poop, or on any deckhouse, properly secured and fitted on the top with a railing or other kind of guard, at least five superficial feet clear for each passenger that the ship is authorised to carry. The Government agent must on no account permit any fittings to be placed on the deck after the ship’s departure from the colony which will have the effect of reducing the deck space allowed for exercise below that prescribed by the Act.
The Government agent must see that the outward passenger list, with which he is furnished, contains in the left hand column a serial number (from one upwards) opposite the name of each islander which number, with the name of the islander opposite it, must be recorded in the log on the day the islander is landed.
Return islanders, being passengers equally with recruits, are entitled to receive the stipulated ration of tobacco.
Special attention is directed to the preparation of the certificates of engagement. (Schedule 1. of the Act of 1880). They must be prepared and completed as the recruiting proceeds and be delivered from time to time to the master to be by him handed to the inspector on arrival. A certificate may contain the result of more than one day’s recruiting, in which case due care must be taken to set out, in the left-hand margin, the date, which must be consecutive, on which each recruit was enlisted but in no case should more than five consecutive days’ work be included on one certificate.
The provisions of the previous clause are, with necessary modifications, applicable to certificates of due landing.
When events to be recorded in the log for one day are few, the proceedings of two or more days may be placed on one page, a sufficient space being left between the records of each day to avoid confusion.
In the table in the log designed to show the number on board each evening, against the word "others" is intended to be placed the number of native boatmen or native people other than return islanders and recruits, specifying each separately, placed in large characters in the margin of each day’s record in the log.
The name of the island off which the ship is working must be placed in large characters in the margin of each day’s record in the log.
It is the Government agent’s duty to accompany the boats whenever they are employed in recruiting or landing islanders, or in procuring native food, or trading in any other way with the natives on the islands. The boats must only be employed within reasonable working hours, and if the Government agent is unable to accompany the boats the work must be suspended until he is able to resume duty.
The names of all recruits who have been entered on the certificates are to appear on the inward list, numbered from one upwards, in the order in which they were engaged. If any should die, desert, or be released from agreement, the fact is to be recorded, and a red line drawn through the name, but the number is not to be used a second time. Before arrival a summary of the recruits actually on board should be placed at the foot of the list, showing the number from each island, and distinguishing the different groups of islands.
A place is to be set apart on the inward list for any identification marks that can be found upon a recruit - marks on the face, neck, or hands being preferred.
Relationship existing between any recruits should be noted on the inward list thus: "No. 23 brother of 20, &c, &c," but no notice need be taken of any connection more remote than that existing as between parent and child, man and wife, or brother in the literal sense of the word.
In the daily record in the log the name of each recruit obtained must appear, as also the number allotted to him, on the list and on the certificate of engagement.
The log, report, and all papers should be complete and ready for delivery to the inspector immediately on arrival.
The report of the Government agent should be a brief, clear and complete summary of the events of the voyage, bringing into view any events of consequence, and closing with any recommendations he may desire to make or complaints he may have to prefer.
The Government agent should telegraph to the local inspector, and to the Immigration Agent, Brisbane, by the first opportunity on arrival and the last on departure, giving the number (excluding children) of males and females in his charge, and the number of native boatmen and, in the case of arrival, briefly, the nature of any complaint he intends to prefer against any of the officers or crew of the ship.
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