INTERNATIONAL LABOUR OFFICE
STUDIES AND REPORTS
Series O (Migration) No. 3
MIGRATION
LAWS AND TREATIES
VOLUME I I
Immigration Laws and Regulations
GENEVA
1928
CONTENTS
PAGE
CHAPTER I : Immigration Legislation in General
1
CHAPTER II : Definition of an I m m i g r a n t
7
§ 1. Definition of Various Terms Used
§ 2. Immigration Statistics
7
20
CHAPTER III : The Right to I m m i g r a t e and Restrictions on
this Right
§ 1. The Various Legislative Restrictions
(a) Numerical Restriction
(b) Police Regulations, including those relating to Moral
Character
(c) Conditions of Transport during the Journey to the
Country of Immigration
(d) Regulations relating to Race, Religion, or Nationality.
(e) Literacy Tests
ff) Economic Condition of Immigrants
(g) Conditions relating to Trade or Profession
(h) Conditions relating to Age or Sex
(i) Physical Conditions
(j) Various Conditions
§
§
§
§
2.
3.
4.
5.
Passports, Visas, and Special Documents
Exceptional Measures and Individual Exemptions
Legislation relating to Clandestine Immigration
Special Legislation relating to Seamen
Employment of Alien Seamen
Landing of Alien Seamen on National Territory
28
28
32
45
46
61
64
76
88
92
105
105
119
130
136
137
139
CHAPTER IV : I m m i g r a t i o n Services
§ 1. Official Departments
§ 2. Private Societies and their Relations with the
Departments
24
145
145
Official
172
VI
CONTENTS
PAGE
CHAPTER V : Preliminary Assistance of the I m m i g r a n t
§ 1. The Supply of Information
§ 2. Training of Immigrants
CHAPTER VI : Employment, Recruiting, and Placing of Alien
Workers
§
§
§
§
§
1.
2.
3.
4.
5.
Employment of Alien Workers
Recruiting
Immigration and Employment Contracts
Placing of Immigrants
Assisted Immigration
174
174
181
185
185
201
213
230
234
CHAPTER VII : Regulations for Protecting the I m m i g r a n t in
his Dealings with Transport and Other Agents
244
CHAPTER V I I I : The Arrival of I m m i g r a n t s
249
§
§
§
§
§
1.
2.
3.
4.
5.
Examination upon Departure
Examination on Landing
Examination at the Land Frontier
Special Regulations for Immigration by Air
Procedure for Admission or Rejection : Appeal against
Decisions
§ 6. Health Measures and Conditions
§ 7. Ports and Stations of Entry
§ 8. Entry Fees
CHAPTER IX : The Transport of I m m i g r a n t s
250
255
272
276
277
283
286
289
292
§ 1. Transport by Sea
§ 2. Transport Conditions on Land
292
301
CHAPTER X : Rejection and Repatriation
302
§ 1.
§ 2.
§ 3.
§ 4.
§ 5.
Rejection
Compulsory Repatriation or Deportation
Repatriation as a Result of Labour Contracts
Assistance for Voluntary Repatriation
Regulations for the Departure of Immigrants
CHAPTER X I : The Treatment of I m m i g r a n t s by the Authorities
of the I m m i g r a t i o n Country
§
§
§
§
1.
2.
3.
4.
Advantages granted to Immigrants after Admission
Land Settlement by Immigrants
Distribution of Immigrants
The Protection of Immigrants by the Authorities of the
Immigration Country
302
311
329
335
337
340
340
351
374
380
CONTENTS
VII
PAGE
§ 5.
§ 6.
§ 7.
§ 8.
Registration of Immigrants and Residence Permits
Admission to Different Occupations
The Naturalisation of Immigrants
Obligations Imposed on Immigrants.—Special Regulations.
38Í)
411
415
422
CHAPTER X I I : Continental a n d F r o n t i e r Zone I m m i g r a t i o n . .
426
APPENDIX
List of the Most Important Legislative Texts relating to Immigration.
431
SUPPLEMENT
United States : Act modifying the Conditions for the Admission of
Certain Classes of Immigrants (Relatives of Persons who have
Immigrated)
485
CHAPTER I
I M M I G R A T I O N L E G I S L A T I O N IN GENERAL
In this second volume, which is devoted t o immigration
legislation, the phenomena studied in Volume I from the point
of view of the country of emigration will now be studied from
the point of view of the country of destination.
After consideration of general d a t a relating to the definition of
the immigrant, the following are studied in turn : provisions
limiting freedom of immigration, public and private organisations
entrusted with the supervision or development of immigration,
arrangements for the instruction and preparation of immigrants,
the recruitment and employment of foreign workers, reception
of immigrants, their protection during the journey and in the
country which receives them, the position in which they are
generally placed during their stay, and their repatriation.
Moreover, a chapter is devoted to the special provisions governing
continental immigration.
I n order to facilitate reference, an endeavour has been made
to frame these two volumes (dealing respectively with emigration
and immigration) on parallel lines; this will explain certain
inversions of the logical order, e.g. transport regulations are
dealt with in Chapter I X , after the regulations governing
admission which are considered in Chapter VIII, as they naturally
correspond to the regulations concerning departure studied in
the same chapter of Volume I.
Although the order of contents has been preserved, similarity
of arrangement is not complete throughout. I t will be seen
t h a t interest is displaced from one subject to another; and in
some cases regulations which are rare in relation to one aspect
are very abundant in relation to the other. Moreover, special
i
2
IMMIGRATION LEGISLATION I N GENERAL
legislation governing one or other aspect of the problem is
sometimes entirely absent.
*
*
*
Immigration legislation is no less complex and varied than
that governing emigration, for conditions in general at the
present time have given rise to an acute position, which has
resulted in a very noticeable increase of restrictive regulation
in the most diverse quarters.
To begin with, certain oversea countries towards which, until
recent years, the main volume both of Asiatic and of European
emigration was directed have decided for various reasons to
moderate the influx of strangers to their territory. This new
policy has resulted from many different causes; but it is
remarkable that almost all the elements of national populations
contribute to influence the legislative authorities in that
direction.
At the outset, account must be taken of a former difficulty
which is still making its effects felt—that of assimilating numerous
foreigners whose arrival en masse has made it possible for them
to preserve great national cohesion in the land which has received
them, and thus to keep practically intact their native character,
to the detriment of homogeneity with the new surroundings
into which they are thrown. This phenomenon has given rise
among the longer-established elements of a population to general
uneasiness, which is intensified by certain circumstances. For
example, the world war threw into sharp relief in all countries
both national unity and the lacunas sometimes found to exist
in it. As a result some countries fear that a current of immigration made up of elements too compact and too unlike their
own to be properly absorbed may give rise in their midst to the
same difficult minority problems which have arisen out of successive political disorders in certain parts of the Old World ; or that
their national unity might be threatened by it.
This patriotic sentiment is moreover supported by utilitarian
arguments in favour of resisting the increase of immigration into
such countries. After the world war, there was a noticeable
drop in the economic position of European countries as compared
IMMIGRATION LEGISLATION IN GENERAL
3
with t h a t existing in the principal countries of immigration,
e.g. the United States and Australia. The classes of society
most directly interested in maintaining the high economic level
in these countries, i.e. the employers and the workers, came to
regard as a danger immigration en masse from countries where
the standard of living was very low. The opinion was held in
these wealthy countries t h a t a high standard of living among
the working classes ensures more regular and certain consumption
of national products. This conviction encouraged employers to
accept costly methods of production, employing few and highlypaid workers assisted by the most up-to-date machinery, rather
t h a n to demand t h e introduction of multitudes of low-paid
workers which would have resulted in debasing the general
standard of living. Thus the interests of the workers were so
far in harmony with those of the employers t h a t the workers'
demand for the maintenance of high wages by restriction of
immigration met with no intense opposition on the p a r t of the
employers. Moreover, a scientific argument in support of the
restrictive measures urged by the special interests above referred
t o was supplied by economists, who gave definite shape to the
idea of optimum population, and drew attention to the great
disadvantage which would accrue to the general welfare should
there be any noticeable deviation from the position of precise
equilibrium.
The primary motives were still further strengthened by
considerations of a hygienic, eugenic, or moral nature.
Scientists have repeatedly pointed out the dangers to racial
vigour which are likely to arise from cross-breeding. Now, the
mixture of populations leads inevitably to the mixture of blood,
legislative provisions to the contrary notwithstanding—e.g.
measures taken by a country t o prohibit mixed marriages within
its territory. Again, it has been shown t h a t the assimilation
by a country of foreigners belonging to races very diverse from
its own may have deplorable effects upon the perpetuation of
its national culture and ideals. Finally, social workers themselves have sent u p a cry of alarm, in terror of the increase of
crime and the mental and physical blemishes which might arise
from excessive and ill-selected immigration. These considerations
have in many quarters produced an atmosphere hostile to foreign
immigration, and such ideas have easily taken root in places
4
IMMIGRATION LEGISLATION IN GENERAL
where the need of additional population is slight, and where in
consequence the immediate advantages of closer settlement are
less keenly felt.
Moreover, the restrictive tendencies spontaneously manifested
in countries of immigration have sometimes been complicated
by defensive reactions provoked by the policy of countries of
emigration whose nationals they habitually receive. Certain
Governments have desired to keep in close touch with those of
their nationals who emigrate, with a view to arranging for their
return to their country of origin; these Governments have
endeavoured to maintain direct authority over their emigrant
nationals, and this attitude is regarded by certain countries of
immigration as an interference with their rights.
Moreover, it is noticeable t h a t the connection which exists
between political problems and immigration problems has become
much more marked during the last few years under the influence
of circumstances already pointed out in the Preface and in the
corresponding chapter of Volume I. The result has been t h a t
the regulation of immigration has suffered the repercussion of
political oscillations in general, and more especially the oscillations
of national sentiment in each country.
Side by side with t h e slowing-down of immigration for the
purpose of settlement in countries which, although relatively
thinly peopled, prefer to restrict the influx of foreigners rather
t h a n risk the dangers of it, immigration for wage-earning employment will also be seen to have abated considerably. Almost all
the European countries between which exchange of workers on
any considerable scale used to take place are now opposed to
the invasion of their national economy by an element of foreign
workers. I n view of the superabundance of labour to be found
on their national labour markets in comparison with present
possibilities of employment, they regard the restriction of immigration both as a remedy for unemployment and as measure of
protection for national workers. The entry of foreign workers
is opposed expressly or in certain cases, or a t all events t h e
recruitment and employment of such workers in the various
branches of national activity is very closely supervised.
Moreover, by reserving all available employment at home for
their own nationals, Governments hope to reduce to a minimum
the necessity for their going abroad in order to seek a livelihood,
IMMIGRATION LEGISLATION IN GENERAL
5
especially as emigration becomes more and more difficult every
day. Thus, the opulence of a country and a condition of
economic unrest practically lead to the same result : the closing
of frontiers.
However, there are still countries whose general expansion is
retarded b y the scantiness of their population, for they lack
workers to cultivate the land, to extract the wealth t h a t lies
beneath it, and to bring their industrial activity into full bearing.
Such countries endeavour to increase the population of their
lands in the most immediately effective manner—that is, by
bringing in foreigners ; or, a t the least, they take active measures
to seek in foreign countries those workers which the national
population cannot supply for the time being. Accordingly,
their legislation and administrative measures still tend towards
attracting to the national territory foreigners in search of fresh
opportunity by granting them various privileges : financial
assistance with travelling expenses, grants of land and free or
assisted installation thereon, high wages, generous legal protection
for immigrants, etc. Such countries organise recruitment of
labour abroad and endeavour to draw in their own direction
the emigration currents which are seeking an outlet. Even in
these countries, however, the present-day policy is not exclusively
governed by the South American axiom of a hundred years ago :
Gobernar es poblar. There is no longer any attempt to attract
indiscriminate elements of population, no m a t t e r what or whence
they come. The evolution through which their legislation has
passed makes amply evident this new tendency, characteristic
as it is of the present d a y : the transit from freedom to organisation. Each country seeks to adapt to its own needs and
interests the contingents coming to it from abroad; it selects
those elements which, by reason of their special skill, will fill
gaps existing in the national labour supply, and those which,
on account of racial characteristics, can best be assimilated to
the national population. I n making this selection, which applies
equally to immigrants coming in order to undertake work and
those coming to settle in the country, each State endeavours t o
follow as closely as possible the temporary fluctuations of its
needs.
Countries of immigration, however, have to face a similar
policy of defence and propaganda organised by t h e countries of
6
IMMIGRATION LEGISLATION IN GENERAL
emigration. Naturally the position occupied by the former
gives them predominance in carrying out the programme;
nevertheless, their action must necessarily be incomplete in a
matter where two parties are involved. In order to arrive at a
solution of the multiple problems which have arisen, countries of
immigration have accordingly been obliged to have recourse to
international agreement. In the present volume on immigration
legislation, as in Volume I, it has been found necessary to make
frequent references to Volume III ("International Treaties and
Conventions"), which is devoted to agreements come to in
these matters.
DEFINITION OF VARIOUS TERMS USED
7
CHAPTER II
DEFINITION OF AN IMMIGRANT
§ lv—Definition of Various Terms Used
The legal definition of immigrant, which it would seem should
correspond point for point in each country with that of an
emigrant, will often be found to differ considerably in reality.
The reason (as already pointed out à propos of the definition of
an emigrant) is that these definitions are intended to determine
in a practical manner the persons to whom the migration laws
and regulations, or certain parts of them, shall apply; and
further, that each country has not the same interest in respect
of both these corresponding phenomena. Thus, to the essential
conditions common to all of these definitions, such as that of
leaving one country to settle in another, secondary factors may
be added whose presence is explained by their utilitarian character.
For this reason the same diversity is found in the definitions
given below as has already been seen in definitions of the emigrant.
Very noticeable variations sometimes appear even among the
multiple definitions given by one and the same country, according
to the text from which they are taken. In actual practice, the
individuals coming under laws governing admission to a country
s are not necessarily the same as those who may benefit, e.g. by
certain advantages offered to immigrants under colonisation
laws.
Side by side with these definitions of the "immigrant", space
has had to be found for several definitions of the "foreign worker".
These definitions tend to draw a distinction between definite
settlement in a country and the introduction of workers of which
the country is momentarily in need. The substitution of this
8
DEFINITION OF AN IMMIGBANT
term for "immigrant" reveals the intention to envisage exchanges
of workers as an essentially economic phenomenon of a temporary
and fluctuating nature, which must follow the curve of oscillation
of the home labour market. However, in practice the foreign
worker frequently becomes definitely an immigrant, a fact which
is further emphasised in certain definitions to be referred t o later ;
these expressly state t h a t the description "foreign worker" does
not apply to foreigners established in the country for a certain
fixed number of years.
The laws governing admission analysed in the present volume
frequently apply to "foreigners" in general; it has, however,
been considered unnecessary in the present study to take account
of the definition of this term contained in some of those laws. I n
all countries the sense attached to the word is determined by
the nationality laws of each.
The most characteristic factors to be added to the essential
condition (establishment on national territory of a person foreign
t o the country) by which an immigrant is distinguished from an
ordinary traveller are the following :
(1) Period of residence.—This is a factor whose importance is
evidenced by the numerous discussions of which it has been the
object whenever an a t t e m p t has been made to arrive a t an
international definition. Divergencies have arisen owing t o
the fact t h a t certain countries see in immigration a means of
peopling their territory; and accordingly these tend to reserve
the advantages offered to immigrants by their legislative
provisions for those individuals who come with the intention of
settling permanently or a t least for a fairly long time (Argentina,
Australia, Bolivia, Canada, Colombia, Cuba, Guatemala, Luxemburg (1921), Mexico, Panama, Paraguay, United States, Uruguay,
Venezuela, etc.); whereas other countries merely regulate labour
movements which are often of a purely temporary nature, and
which they prefer should retain t h a t character. I t happens
quite frequently t h a t the definition upon which immigration
statistics are based takes account of the period of residence
(cf. § 2 of the present chapter).
2. The employment factor.—Great importance is attached to
this condition a t the present time, owing especially to the spread
of temporary and seasonal migration of workers. Thus, in many
DEFINITION OF VARIOUS TERMS USED
9
countries a person's intention to enter for the purpose of earning
his living, even if only for a short time, is sufficient to constitute
him an immigrant (Austria, France, the Serb-Croat-Slovene
Kingdom, South Sea Islands, Venezuela). Some countries
restrict the use of the term "immigrant" to workers in particular
occupations, agriculture being most frequently specified (Argentina, Bolivia, Colombia, Guatemala, Panama, Paraguay, Surinam),
or performing certain kinds of work, e.g. manual or physical
labour (Mexico, Poland, Rumania). Again, certain occupational
qualifications may be found to produce the reverse effect
(Panama), and to exclude those possessing them from the
category of immigrants (members of the liberal professions,
commercial travellers, persons engaged in giving entertainments, etc.).
I n some cases the term "immigrants" is only applied to persons
introduced, either individually or collectively, under contract
(French colonies, Panama, South Sea Islands, Surinam).
3. Transport conditions.—In
certain countries only persons
who travel in a particular class on ships and railways (e.g. second
or third class : Argentina, Brazil, Uruguay; third class or
steerage :. State of Bahia [Brazil], Newfoundland) are considered
as immigrants.
4. Assisted passage.—In some cases only those persons introduced into the country at the expense of the State or of their
future employer are considered as immigrants (Venezuela).
5. Declaration to be made by a newcomer.—In order to benefit
by advantages offered to immigrants, a newcomer is sometimes
required t o make a declaration of his intention t o settle in t h e
country (Honduras).
6. Race or nationality.—In certain colonial countries a distinction is drawn between "foreigners" and "immigrants", in the
sense t h a t only persons belonging to coloured races, introduced
for the purposes of manual work, are regarded as immigrants.
These come under special regulations (French colonies : Establishments in Oceania, Guadeloupe, Guiana, Indo-China, Madagascar,
Reunion; British colonies : Brunei, Federated Malay States,
Fiji, Jamaica, Non-Federated Malay States, Straits Settlements).
7. Production of certain documents.—The legislation of certain
countries defines as immigrants all foreigners arriving upon
national territory who are in possession of a special identity
10
DEFINITION OF AN IMMIGRANT
card issued by the consular service of the State in question
(Mexico, etc.).
8. First arrival.—In a certain number of definitions it is
specified that the term "immigrant" shall only apply to foreigners
arriving in the country for the first time (Paraguay); or at least
that persons already established in the country and returning
after a short absence are not considered as such (British colonies
of Bahama and Bermuda, Canada, Mexico, Panama, United
States). Many other countries, without expressly mentioning
the fact in their definition of an immigrant, exclude established
foreigners from the scope of immigration regulations.
9. It is sometimes stipulated as an essential condition for
persons to be considered as immigrants that they shall have
arrived from an oversea country or shall have entered the country
of immigration at certain determined frontier stations (Argentina,
Bermuda, Newfoundland).
10. Negative conditions.—The legislation of certain countries
(Bermuda, Canada, United States), instead of laying down a
positive definition of an immigrant, defines special categories
of individuals not considered as immigrants. Others append
to a positive definition a list of the categories of persons to
whom the definition does not apply (Germany, Mexico, Panama).
Exemptions from the provisions of immigration laws are besides
frequently indicated in legislative texts without any reference
to the definition of an immigrant; this is again referred to
in Chapter III.
11. Special conditions of admission exist in some countries—
e.g. maximum and minimum age limits between which an
individual may immigrate (Argentina, Bolivia, Colombia, Cuba,
State of Bahia [Brazil], Panama). Again, the newcomer's civil
condition may influence his admission either to the country or
to the group of persons defined as immigrants and enjoying
certain advantages in virtue of that status. Such special
conditions are sometimes expressly laid down in the definition
of an immigrant.
12. The members of an immigrant's family are often themselves considered as immigrants: if they accompany an admissible
immigrant, or are going to join an immigrant already admitted
(Austria, Mexico, Rumania, etc.). The definitions established,
however, do not always make reference to this fact.
DEFINITION OF VARIOUS TERMS USED
11
BRITISH MANDATED TERRITORIES : Palestine.—Immigration
Ordinance No. 32 of 1925, section 2, prescribes that the term "immigrant"
means a person who, being neither a Palestinian citizen nor a permanent
resident, nor a traveller, desires to enter Palestine for the purpose of residing
there.
Tanganyika. — By the Immigration Ordinance No. 16 of 1924,
section 2, (1), an immigrant is defined as a person who enters the Territory
from a place outside the Territory, whether for the first or at any subsequent
time. This Ordinance does not apply to Government officials, members
of His Majesty's naval, military or air forces, any person duly accredited
as a consul or vice-consul in the Territory, an immigrant who on a previous
occasion has been declared not to be a prohibited immigrant, persons born
or domiciled within the Territory, and any other classes of persons who
may be exempted by regulation (section 7).
J A P A N E S E MANDATED TERRITORY: South Sea Islands.—
For the purposes of Ordinance No. 4 of 1918 concerning recruitment abroad,
the term "worker-immigrants" means workers recruited collectively outside
the islands in groups of not less than ten persons in order to undertake
work in the Territory. It does riot include workers engaged by the Government (sections 1 and 2 of the Ordinance).
ARGENTINA.—According to the terms of section 12 of the Immigration
and Colonisation Act No. 817, dated 18 October 1876, an immigrant is
"any foreigner, labourer, handicraftsman, industrial worker, agriculturist
or professor, less than sixty years of age, and able to afford proofs of his
morality and skill, who goes to the Argentine Republic either by sailing
ship or steamer in order to settle there, whether he pays his own secondclass or third-class passage, or travels at the expense of the nation, or of
a province, or of a private undertaking interested in immigration and
colonisation".
AUSTRALIA.—In reply to the 1921 questionnaire, the Australian
Government stated that an immigrant was "a person arriving in Australia
to settle, excluding tourists".
For statistical purposes, "immigrants intending permanent residence"
are defined as persons arriving from some other country who intend to
reside in Australia for a year or more" l .
AUSTRIA.—There is no legal definition of the term "immigrant" ;
but the Austrian Migration Office pointed out in a communication addressed
to the International Labour Office in November 1926 that, in practice, any
foreigners entering Austrian territory to take up permanent residence, or
who, even without the intention to take up permanent residence, come for
the purpose of earning their living (as in the case of seasonal agricultural
workers), and also members of their families who accompany them or come
to join them, are considered as immigrants.
BOLIVIA.—According to section 1 of the Free Immigration Regulations
of 18 March 1907, confirmed by the Immigration Act of 20 January 1927,
any foreign agricultural or industrial worker or handicraftsman less than
sixty years of age, who can afford proofs of his morality and skill and who
intends to settle on Bolivian territory, is considered as an immigrant.
BRAZIL.—The Federal Decree No. 16761 of 31 December 1924 prohibits
the entry of foreigners in certain circumstances, and in the Instructions
1
Communication received from the Commonwealth Government, 26 March 1925.
12
DEFINITION OF AN IMMIGRANT
concerning transport of immigrants, issued on 30 June 1925, for the application of the said Decree, immigrants are defined as follows : "Passengers
travelling in second-class, third-class, OT intermediate accommodation shall
be considered as such."
Most of the Brazilian States have adopted the Federal definition. As *
regards the State of Bahia, however, section 51 of the Regulations for the
application of the immigration and Colonisation Act No. 1729, explaining
section 1 of that Act, lays down that for the purposes of the said Regulations,
"all foreigners of white race, less than sixty years of age, whether alone or
forming part of a family, who can afford proofs of their morality and skill
and who travel as third-class passengers for the purposes of settling in the
State either wholly or partially at their own expense, or at the expense of
the Federal Government, the State, or a municipality, or of a private
undertaking interested in agriculture or colonisation" shall be considered
as immigrants.
The same Regulations distinguish five categories of immigrants :
(a) Immigrants who have come voluntarily, at their own expense;
(b) Those who have come in virtue of a contract entered into directly
with the State ;
(c) Those who have come through the intermediary of the Federal
Government to work upon lands allocated by the State;
(d) Those who have come through the same intermediary, and in respect
of whom the State contributes 25 per cent, of the purchase price
of land taken up ;
(e) Those who have come through the intermediary of private individuals
or of railway or'colonisation undertakings.
Moreover, nationals of this or other Brazilian States desiring to settle
under the system laid down by these Regulations are assimilated to immigrants for the purposes of the advantages accorded by the law.
CANADA.—As defined by section 2, (g), of the Immigration Act, 19101924, an "immigrant" means a person who enters Canada with the intention
of acquiring Canadian domicile. For the purposes of the Act every person
entering Canada is presumed to be an immigrant unless belonging to one
of the following classes :
(1) Canadian citizens and persons having Canadian domicile;
(2) Diplomatic and consular officials and all accredited representatives
of Governments ;
(3) Officers and men, with their wives and families, belonging to or
connected with the British naval and military forces;
(4) Tourists and travellers;
(5) Students entering Canada for the purpose of attendance and while
in actual attendance at any university or college or school ;
(6) Members of dramatic, artistic, athletic, or spectacular organisations
entering Canada temporarily for the purpose of giving public
performances, actors, artists, lecturers, priests and ministers of
religion, authors, lawyers, physicians, professors of colleges, accredited representatives of international trade unions, and commercial
travellers entering Canada for the temporary exercise of • their
respective callings;
(7) Holders of a permit to enter Canada in force for the time being, signed
by the Minister or by some person duly authorised.
COLOMBIA.—The Immigration and Colonisation Act of 30 December
1922 lays down that, for the purposes of the said Act, all foreigners, labourers,
handicraftsmen, industrial workers, agriculturists, or specialists in any
other occupation or professors who are less than sixty years of age, whose
moral character and attainments are satisfactory, and who land on the
territory of the Republic for the purpose of settling there are considered as
DEFINITION OF VARIOUS TEKMS USED
13
immigrants. Persons to whom the above description applies but who do
not wish to take advantage of the privileges accorded to immigrants must
say so when the vessel is inspected upon arrival ; they will then be regarded
as ordinary travellers, without prejudice to their right to acquire domicile
in Colombia (sections 8 and 9).
CUBA.—Section 24 of the Regulations of 20 August 1910 lays down
that an "immigrant settler" eligible to benefit by the advantages specified
in those Regulations is any foreign agricultural or industrial worker or
handicraftsman, married, and not more than fifty-five years of age, who
can give satisfactory proofs of his moral character and skill, and who undertakes, in the presence of an immigration agent of the Republic of Cuba in a
foreign country, to migrate to Cuba accompanied by his family, his passage
being paid by the Cuban Government, by a public corporation, by a private
undertaking or by himself, for the purpose of settling, in accordance with
laws in force, in a State settlement or a settlement belonging to a public
corporation or in private ownership.
CZECHOSLOVAKIA.—For statistical purposes, immigrants are persons
coming to Czechoslovakia, either with no intention of returning or for the
purpose of seeking employment in seasonal work l .
FRANCE.—The Decree of 25 October 1924 and that of 9 September 1925
both contain special provisions for the registration of "foreign workers".
In the General Instructions of 25 December 1924 for the application of the
first of these Decrees, the term "foreign worker" is defined as follows :
"By foreign worker shall be understood any person of foreign nationality
who comes to France in order to take up paid work. Nevertheless, household servants, chauffeurs of private vehicles, housekeepers and governesses
shall not benefit by facilities offered to workers and shall be regarded as
ordinary foreigners."
It should be added that, in accordance with the Instructions of
31 December 1926, the residence cards (cartes de séjour) of foreigners undertaking paid work in France must bear a note to that effect. Such note
takes one of three forms : "agricultural worker", "industrial worker", or
"worker" without further description. The last is used for cards handed
to workers in any occupation whose remuneration exceeds 18,000 francs
annually.
The Act for the protection of the national labour market, dated 11 August
1926, is also concerned with "foreign workers", whose employment is
regulated by it. According to a Circular issued by the Minister of Labour
on 5 February 1927 for the application of the said Act, the term "foreign
worker" must be taken in a very wide sense. " I t includes all wage-earning
foreigners, that is, all who have a contract of employment or who hire their
services to others for gain, irrespective of the amount of their earnings or the
manner in which these are paid. For the purposes of the Act, not only industrial, commercial and agricultural workers and employees are considered as
workers, but higher-grade employees, engineers, departmental managers, etc.,
and artistes, musicians, and other persons who, whatever the nature of
their service, are bound to an employer by a contract of employment are
considered to be included."
Colonies.—For the purpose of application of immigration regulations
in the Establishments in Oceania, Guadaloupe, Guiana, Madagascar, Mayotte,
Nossi-Bé, and Reunion, workers of African, Asiatic, or Oceanic origin
recruited and introduced into the colony with the permission of the Governor,
1
Communication dated 11 Jan. 1926 received by the International Labour Office from
the Czechoslovak State Statistical Office.
14
DEFINITION OF AN IMMIGRANT
under the system instituted by the Decree of 27 March 1852 and subsequent
Regulations, are considered as immigrants. I n the Establishments in
Oceania, Madagascar, Mayotte, and Nossi-Bé all other workers, of whatever
country of origin or nationality, may be placed under the same system by
special engagement. In Guadeloupe, Guiana, and Reunion, all other
workers, whatever their country of origin or nationality, come under the
principles of common law for the regulation of hire of services in France.
Children born in the said colonies of immigrant parents, or who have been
taken there with them, are also considered as immigrants. However, at
the age of twenty-one years, such children are entitled to apply for recognition as French subjects, on condition that they renounce all right to repatriation. They are then assimilated in all respects to natives of the colony.
According to the legislative texts cited above, persons who have hired
their services for a period and under conditions determined by a contract
freely entered into in their country of origin or in the colony are considered
as "engaged immigrants". (Establishments
in Oceania : Decree of
24 February 1920, section 3 ; Madagascar : Decree of 6 May 1903, section 3 ;
Mayotte and Nossi-Bê : Decree of 2 October 1885, section 3 ; Guadaloupe :
Decree of 30 June 1890; Guiana: Decree of 13 June 1887, section 181;
Reunion : Decrees of 30 March 1881 and 27 June 1887.)
I n Cochin-China the Workers' Immigration Regulations apply, according
to the Decree of 27 October 1922, to Asiatic foreigners or persons assimilated
to them who are defined as follows .- "The following are considered as
Asiatic foreigners or persons assimilated to them : (a) subjects of powers
over whom France exercises a right of extra-territoriality in virtue of
existing treaties ; (b) subjects or nationals of foreign powers who are persons
of Asiatic origin."
GERMANY.—In accordance with section 2 of the Order dated 2 January
1923 for the application of the Regulations governing the engagement and
employment of alien workers, persons other than German nationals, who
are workers within the meaning of section 11 of the Works Councils Act,
are deemed to be alien workers—that is to say, "persons who work for
wages on the account of another, or who are employed as apprentices,
excluding salaried workers". However, according to the afore-mentioned
Order and the amending Order of 16 March, the following are not deemed
to be alien workers for the purposes thereof : (a) alien workers employed in
seafaring or inland navigation; (b) those who possess a certificate of
exemption (Befreiungschein) issued to them, on the basis of information
supplied by the local police authorities, by the German Central Office for
Workers (Deutsche Arbeiterzentrale) or by an office indicated by each State,
i.e. alien agricultural workers who have been regularly engaged in German
agriculture at least since 1 January 1913 ; alien workers other t h a n those
engaged in agriculture who have been regularly engaged in German nonagricultural undertakings at least since 1 January 1919; alien workers
other than those engaged in agriculture who on 1 July 1914 had been engaged
in Germany for at least one year in a non-agricultural undertaking and
who returned without delay to their old employment as soon as restrictions
resulting from the war were removed; alien workers who, on 1 January
1919, weTe already settled in the country but had not yet reached the age
of fourteen years; women workers who, owing to marriage with an alien,
have lost their German nationality; and, finally, aliens for whom the application of the Act would constitute .a considerable hardship. I n the latter
instance, it is necessary to obtain the consent of the highest administrative
authority in the German States (Länder) ; since the passing of the Act of
16 July 1927, the competent authority is the State Labour Office (Landesarbeitsamt) concerned.
G R E A T B R I T A I N : Colonies.—Bahama Islands. The Immigrants
Act, No. 17 of 1920 (section 2), defines an immigrant as "any person who is
DEFINITION OF VARIOUS TERMS USED •
15
not a native of the Colony or the husband, wife, or child under sixteen years
of age, of such native; except those persons (including wives and children
under sixteen) who have continuously resided in the Colony for at least
three years, persons in transit, or rescued persons in receipt of care and
relief."
Bermuda. The Immigration Act, No. 58 of 1902 (section 1), amended by
the Immigration Act, No. 11 of 1920 (section 7), defines an immigrant as any
passenger (i.e. a person above the age of one year conveyed to the Islands
by a ship, with the intention of landing) who has complied with the provisions of the Immigration Acts and been permitted to land. Returning
natives, persons who have resided in the Colony for upwards of three years
and are returning after an absence of two years, persons rescued from a ship,
persons brought to the Islands at the expense of the British Government,
first-class passengers and certain second-class passengers are not affected by
these rules.
The laws of the colonies relating to the immigration of alien workers define
specifically the different classes of workers to whom the laws refer. I n
British Guiana the Immigration Ordinance, No. 18 of 1891 (section 2). defines
an immigrant as a person introduced into the Colony either wholly or in
part at the expense of the Immigration Fund. In Jamaica an immigrant.
is defined as any person introduced into the Island under any Immigration
Law, who has not completed a continuous residence of ten years and during
that time has become entitled to a certificate of industrial service (Immigration Law, No. 23 of 1879, section 3, as amended by No. 1 of 1881,
section 1, (1), and No. 3 of 1883, section 9).
An "Indian immigrant" is defined as " a n Asiatic native of British India
or of an Indian State adjoining the Madras Presidency, and every Asiatic
of Indian descent is deemed to be a native of British India OT of such Indian
State until the contrary is proved", in the laws of the following colonies :
Brunei (Borneo) : Indian Immigration Enactment, No. 1 of 1924,
section 11.
Federated Malay Stales : Labour Code, No. 18 of 1923, section 34.
Unfederated Malay States : Johore : Labour Code, No. 10 of 1924, section 34 ;
Kedah : Indian Immigration Enactment, No. 8 of 1328 1 , section 2 ; Kelantan : Indian Immigration Enactment, No. 18 of 1910, section 2 ; Perlis :
Indian Immigration Enactment, No. 2 of 1329 1 , section 2 ; Straits Settlements:
Labour Code, No. 14 of 1923, section 72.
In Fiji, according to the Indian Immigrants Ordinance, No. 7 of 1924,
section 2, an "Indian immigrant" is any person of Indian parentage who
has been introduced into the Colony under the provisions of any previous
Indian Immigration Ordinance. An "Indian immigrant" in Jamaica
means any immigrant from any of the British possessions in the East
Indies.
A "Chinese immigrant" is defined by the Labour Code, 1923 (section 15),
of the Federated Malay States as a native of China (not being a first-class or
second-class passenger or a person on the articles of the ship) travelling by
sea to, or who has within one year arrived by sea at, any port of the Federated
Malay States from China. A similar provision is contained in the laws of
the Non-Federated Malay State of Johore (Labour Code, No. 10 of 1924,
section 15) and of the Straits Settlements (Labour Code, No. 14 of 1923,
section 56).
The Labour Code, 1923, of the Federated Malay Stales contains a further
definition—that of an "indebted immigrant", i.e. an immigrant found to
be indebted for passage money and advances, whether he has before his
arrival entered into an engagement to labour or not.
1
Mohammedan era.
16
DEFINITION OF AN IMMIGRANT
GUATEMALA.—For the purposes of the Immigration Act of 30 April
1909, immigrants include all foreigners, labourers, industrial workers,
agriculturists, or other specialised workers, whose moral character and skill
are satisfactory and who come to Guatemala for the purpose of settling
there (section 1).
HONDURAS.—The Act of 8 February 1906 defines an immigrant as
any foreigner who, before making the journey to the Republic, declares in
the presence of an agent of the Honduras Government or a consul his
willingness to fulfil the duties and to accept the advantages provided for
by the Act (section 5).
Immigrants are grouped by the said Act in three classes :
(a) Immigrants not in possession of a contract, who come to seek work
in the country,
(b) Immigrants who have entered into a contract with the Government ;
(c) Immigrants who have entered into a contract with a private individual
or colonisation society or any undertaking (section 6).
L U X E M B U R G . — I n reply to the 1921 questionnaire, the Luxemburg
Government stated that in practice the term "immigrants" includes "persons
of foreign nationality who come to the Grand Duchy for the purpose of
settling there".
§ 1 of Chapter VI gives further information regarding the field of application of the Regulations for the employment of alien workers.
MEXICO.—For the purposes of the Migration Act of 12 March 1926,
the term "immigrant" is considered to include "any alien who comes to
Mexico with the express intention of remaining there for a legitimate object
or reason and for an uninterrupted period of not less than six months".
The same Act defines "immigrant-workers" as "all aliens who come to
the Republic to engage temporarily or permanently in manual labour for
wages or daily pay". The Act also distinguishes settlers, i.e. "aliens who
come to the country with the intention of settling in a particular district
in order to undertake agricultural or industrial work there on their own
account". Members of the family of an "immigrant-worker" or of a settler
are regarded as immigrants.
The Act further distinguishes as tourists persons who visit Mexico for
their own pleasure and those who will not remain on the national territory
for more t h a n six months. Aliens visiting Mexico for commercial, industrial,
.scientific, artistic, or family affairs, providing that their stay does not
exceed six months, are assimilated to tourists. Together with tourists,
the following are excepted from the category of immigrants : duly accredited diplomatic and consular agents ; persons a t the head of official missions
and their staffs; aliens, established in the country, seeking readmission
after an absence of less than six months ; persons having entered the country
illegally ; aliens domiciled in States adjacent to the frontiers of the United
States of Mexico—i.e. in the United States of America, Guatemala, or
British Honduras, and who enter Mexican territory for a legitimate purpose
and with the permission of the migration services (sections 26 and 27).
NETHERLANDS : Surinam.—The Ordinance of 19 March 1863
considers as a n immigrant any person who leaves his country of origin or
residence for the purpose of undertaking in Surinam, in accordance with a
contract, and for a fixed number of years, either agricultural or industrial
work for the account of a third party.
Dutch Indies.—The Royal Decree, No. 32 of 1915, relating to admission,
and amending Decrees apply to Dutch nationals being the children of parents
domiciled in the Dutch Indies or being themselves domiciled there, as well
as to aliens who are not domiciled in the Dutch Indies (section 1 of the
DEFINITION OF VARIOUS TERMS USED
17
above-mentioned Decree). These provisions do not apply to "Oriental"
alien workers, who are placed upon the same footing as natives when they
are recruited abroad on the initiative of the Government, upon the basis of
a contract concluded in conformity with the Coolie Ordinances which then
become applicable to them. (Regulations relating to admission, of
29 November 1917; I. S., 1917, No. 694.)
I n order to understand this distinction reference should be made to the
Act relating to the administration of the Dutch Indies, dated 13 July 1925,
section 163 of which contains the following :
Section 163.—(a) In cases where the provisions of the present Act, or of
General or other Ordinances, of Police or other Regulations, and
of administrative provisions establish a distinction between Europeans, natives, and Oriental aliens, they are to be applied in
accordance with the following rules;
(b) Provisions relating to Europeans shall apply to ;
(1) All Dutch nationals;
(2) All persons of European origin not coming under class 1 above ;
(3) All Japanese and all persons coming from another country, and
not coming under classes (1) and (2) above, who in their own
country would come under laws relating to persons (familierechtJ
based in general upon the same principles as the Dutch law ;
(4) Legitimate children or children legally recognised, born in the
Dutch Indies, and other descendants of persons coming under
classes (2) and (3).
(c) Provisions relating to natives shall apply to all persons belonging to
the native population of the Dutch Indies and who have not passed
into any other group of the population, as well as to all persons
who, having previously belonged to a group of the population
other than the native group, have become incorporated with the
native population; however, these provisions shall not apply to
native Christians, whose legal position shall be regulated by
Ordinance.
(d) Provisions relating to Oriental aliens shall apply to all persons not
included under the terms of paragraphs (b) and (c) of the present
section, with the exception of Christians, whose legal position
shall be regulated by Ordinance.
(ej The Governor-General is empowered, in agreement with the Council
of the Dutch Indies, to declare the provisions relating to Europeans
applicable to persons who do not normally come under them.
Such declaration shall of course also apply to legitimate or legally
recognised children born subsequently, and to other descendants
of the interested party.
(f) Any person is entitled to obtain a judicial decision as to the category
to which he belongs.
ç
N E W F O U N D L A N D .—In Chapter 77 of the Consolidated Statutes of
Newfoundland, 1916 (section 8, (1)), an immigrant is defined as " a n alien
steerage passenger who is to be landed in the Colony". The term does
not include a passenger who can show that he desires to land in the Colony
only for the purpose of proceeding within a reasonable time to some
destination out of the Colony, or any passenger holding a prepaid through
ticket to some destination out of the Colony, if the master or owner of
the ship in which he is brought gives security that he will not remain in
the Colony.
The Act of 1926 (Chapter 29 of 1926) states that the term "immigrant",
in addition to the above meaning, includefeany passenger or other person
on board any vessel arriving in the Colony.
Chapter 79 of the Consolidated Statutes, 1916, entitled "Of the Immigration of Chinese Persons", defines a Chinese immigrant as "any person
of Chinese origin (including any person whose father was of Chinese origin)
2
18
DEFINITION OF AN IMMIGRANT
entering this Colony and not entitled to the privilege of exemption provided
for by section 1 of this Chapter" (cf. Chapter VIII, § 3).
PANAMA.—For the purposes of Act No. 32 for the development of
" immigration and agricultural colonisation, dated 7 March 1919, all persons
less than fifty years of age, accompanied by their families or unmarried,
proving themselves to be skilled agriculturists and coming to settle on the
territory of the Republic, are deemed to be immigrants (section 2).
Decree No. 45 relating to p>assports and admission, dated 19 August
1925, regards as immigrants "all who come to the Republic with the intention
of settling there, either on their own account or in the service of an individual
or of a company, or under contract to the Panama Government". For
the purposes of this Decree the following are not considered as immigrants :
(a) persons who come to the country with the intention of exercising a
liberal profession; (b) persons who come, having private resources which
enable them to live without working ; (c) persons who prove that they have
previously been domiciled in Panama during more than five years, and t h a t
they were of good conduct during their stay (section 4).
In accordance with Resolution No. 159, dated 7 October 1925, interpreting
the definition given in Decree No. 45 of 1925, the term immigrants is to
include, for the purposes of the Act No. 55 of 1925, persons coming from
foreign countries in possession of an engagement concluded with an undertaking in the country, to work either as mere labourers or as wage-earners
engaged for office work or some other employment of a similar nature,
notwithstanding the class of accommodation in which such persons have
travelled.
PARAGUAY.—Decree No. 20173 dated 24 February 1925 lays down
that for the purpose of applying the provisions of Act No. 691 (which amends
the basic Immigration Act of 1903, by imposing new conditions for admission)
persons arriving in the country for the first time with the intention of
settling there, and who furnish the required documentary evidence of
their satisfactory moral character and of their skill as agriculturists,
industrial workers, or workers engaged in some other trade, are deemed t o
be immigrants entitled to the immunities and advantages provided for by
the immigration and colonisation laws and by treaties and conventions
concluded with the nations to which they belong (section 1).
It should be noted that, according to section 13 of this Decree, the documents required in the case of first-class passengers are fewer than in the
case of second-class and third-class passengers, who are required to produce
proof of their skill as workers. This implicitly introduces into the definition
an element concerned with transport conditions, which is not, however,
explicitly stated in the text.
POLAND.—According to the reply received from the Polish Government
to the questionnaire circulated in 1921 by the International Labour Office,
the term "immigrant" is considered in Poland to mean any person other t h a n
a citizen of the Polish Republic by birth who comes to Poland for the purpose
of earning his living by physical labour.
R U M A N I A . — F o r the purposes of the Migration Act of 11 April 1925
the term "immigrant" is considered to include : (a) any person who leaves
his country of origin to settle in Rumania under the conditions and for
the purposes indicated in the definition of an emigrant 1 ; (b) any manual
worker coming from any European State to work in the country; (c) the
members of an immigrant's family who accompany him or are sent for by
1
Cf. Vol. I, Chapter II, § 1, p. 2Ç.
DEFINITION OF VARIOUS TEEMS USED
19
him, i.e. wife or husband and children under age, father, mother, and
dependent grandchildren.
The following are not deemed to be immigrants : (a) diplomatic and
consular officials and persons accompanying them ; also persons sent on
official,scientific, financial,etc., missions; (b) persons travelling for reasons
of health or for pleasure ; (c) students or persons who visit various countries
for the purpose of specialising in their professions; (d) artists, athletes,
persons attending conferences or competitions, lecturers, ministers of
religion, authors, jurists, professors, and tourists; (e) commercial travellers
and representatives of commercial firms, provided that they show t h a t
they have been connected for a certain time with the firm for which they
work or which they represent; (f) persons entering Rumania under an
administrative or police permit valid for one month, which may be prolonged
by the administrative or police authority for not more than two months.
At the end of one or three months, as the case may be, the holder of such
permit will, if he is an agricultural or industrial worker, be deemed to be
an immigrant and as such will have to comply with the provisions of the
Immigration Act (section 5).
SERB-CROAT-SLOVENE KINGDOM—The Regulations for the
application of the Workers' Protection Act, which limit the employment
of alien workers, lay down that the term "alien workers" shall be taken to
mean all manual and intellectual workers, irrespective of their sex, the nature
of their employment, and the amount of their remuneration, who enter the
Kingdom in order to place their physical or intellectual powers at the service
of another, for remuneration or for purposes of training, unless the said
service is not of a public character. (Regulations dated 24 November 1925,
section 2.)
U N I T E D STATES.—In general, immigration laws (such as the Act
of 1917) apply to all aliens arriving in the United States.
For statistical purposes, an "immigrant alien" is defined as an arriving
alien whose permanent domicile (one year or more) has been outside the
United States and who intends to reside permanently (one year or more) in
the United States.
On the other hand, under the Immigration Act, 1924, which sets up the
quota system, a special series of definitions is given for the purposes of that
Act.
The term "immigrant" means any alien departing from any place outside
the United States destined for the United States except : (1) a Government
official, his family, attendants, servants and employees; (2) an alien visiting
the United States temporarily as a tourist or for business or pleasure;
(3) an alien in continuous transit through the United States; (4) an alien
lawfully admitted to the United States who later goes in transit from one
part of the United States to another through foreign contiguous territory ;
(5) a bona fide alien seaman serving as such on a vessel arriving at a port of
the United States and seeking t o enter the United States temporarily
solely in the pursuit of his calling as a seaman ; and (6) an alien entitled to
enter the United States solely to carry on trade under a treaty of commerce
and navigation (section 3).
Immigrants are, for quota purposes, further subdivided into quota
immigrants and non-quota immigrants.
"Non-quota immigrant" means : (a) an immigrant who is the unmarried
child under eighteen years of age, or the wife, of a citizen of the United
States actually residing in that country; (b) an immigrant previously lawfully admitted to the United States who is returning from a temporary
visit abroad; (c) an immigrant who was bom in the Dominion of Canada,
Newfoundland, the Republic of Mexico, the Republic of Cuba, the Republic
of Haiti, the Dominican Republic, the Canal Zone, or an independent
country of Central or South America, and his wife and his unmarried children
20
DEFINITION OF AN IMMIGRANT
under eighteen years of age, if accompanying or following him to join him;
(d) an immigrant who continuously for a t least two years immediately
preceding the time of his application for admission to the United States
has been, and who seeks t o enter the United States solely for the purpose of,
carrying on the vocation of minister of any religious denomination, or
professor of a college, academy, seminary, or university, and his wife and his
unmarried children under eighteen years of age, if accompanying or
following him to join him; or (e) an immigrant who is a bona fide student
at least fifteen years of age and who seeks to enter the United States solely
for the purposes of study a t a n accredited educational institution.
"Quota immigrant" means any immigrant who is not a non-quota immigrant. An alien who is not particularly specified in this Act as a non-quota
immigrant or a non-immigrant shall not be admitted as a non-quota immigrant by reason of relationship to any individual who is so specified or by
reason of being excepted from the operation of any other law regulating or
forbidding immigration (section 5).
URUGUAY.—The Act of 10 J u n e 1890 regards the following persons
as immigrants : all aliens of good repute and capable of work who arrive
in the Republic by second or third class, with the intention of settling
there.
VENEZUELA.—The Act of 26 August 1894 regards as immigrants
only those persons whose fare to Venezuela has been paid by the Venezuelan Government.
In the 1918 Act the term "immigrant" means any alien of good conduct
who is skilled in some particular trade, industry, profession or art, and
goes to Venezuela with the intention of settling there permanently.
§ 2.—Immigration
Statistics
Mention has been made, in connection with emigration statistics, of Departments in charge of statistics ; and these Departments
are frequently responsible for the compilation b o t h of emigration
and immigration figures. Accordingly, for information regarding
the services which in various countries have t o carry out the
duties of drawing u p and publishing migration statistics, t h e
reader is referred t o Chapter I I , § 2, of Volume I. However,
there are certain countries whose services only draw u p statistics
of immigration—e.g. Brazil (Directoría do Servicio do Povoamento)
and Southern Rhodesia (Commissioner of t h e British South
Africa Police).
T h e criteria adopted for the selection, from the mass of
travellers arriving a t a country's frontier, of t h e persons t o be
included in the immigration returns are much the same as those
employed for t h e purpose of compiling emigration statistics.
Here also, the criterion t h e use of which is becoming more and
more frequent is t h a t of the traveller's presumed intention (in
IMMIGRATION STATISTICS
21
accordance with his own declaration made on arrival) to remain
in the country during a determined period, usually at least one
year (Australia, Cuba, New Zealand, the Philippine Islands,
United States, etc.; and in South Africa in respect of oversea
immigration).
I n Bermuda and Canada immigration statistics cover intending
settlers, including British subjects arriving for the first time
and foreign immigrants coming from Newfoundland or the
United States.
Ordinary travellers are sometimes also distinguished from
immigrants according to the class in which they have travelled.
I n Argentina and Brazil passengers arriving in second-class or
third-class accommodations are considered as immigrants.
I n countries to which the immigration of Indians is permitted
(Ceylon, the Malay States, Straits Settlements) immigration
statistics make separate mention of Indians; the latter country
further makes separate mention of "Chinese travellers".
I n relation to continental immigration, certain special characteristics are adopted as indexes—e.g. travelling by train with a
single ticket, in South Africa; possession of a contract of
employment or a permit, in France and Great Britain.
The methods employed for the purpose of compiling immigration returns are very similar to those adopted in respect of
emigration statistics. Attention may, however, be drawn to
certain special points.
For the purpose of oversea immigration statistics, the passenger
returns which shipping companies or the masters of vessels are
required by law to transmit to port authorities are generally
used. This statistical method was first made use of by the
United States. Among the countries whose statistics are based
upon similar procedure, mention may be made of Great Britain,
whose geographical situation permits of its being very widely
used ; the master of every British or foreign ship clearing inwards
as well as outwards (see Volume I ) is required to furnish two
lists, one containing the names of travellers coming from any
port situated in Europe or within the Mediterranean Sea, the
other containing the names of passengers having come on board
a t any port out of Europe and not within the Mediterranean
Sea. These lists must be prepared in such a manner t h a t the
22
DEFINITION OF AN IMMIGRANT
information obtained from them in relation to immigration
may serve as a basis for the compilation of statistics.
Passports and the visas thereon may also be usefully employed
in countries where the entry visa is compulsory, the total number
of visas granted by diplomatic representatives abroad being
regularly communicated to the central authorities.
Certain countries also make use of returns showing the number
of passports issued to nationals by their representatives abroad
for the purpose of compiling repatriation statistics. This procedure has the disadvantage of including in the total of persons
having actually entered the country those who may not have
made use of the passport issued to them (error of excess) and, on
the other hand, that of failing to include in the total of repatriated
persons those who return home before their exit passport has
expired (error of defect).
However, this method is considerably improved by the use of
a special immigrants' passport or visa having a detachable
sheet : these are in use for the purpose of both repatriation and
emigration statistics in Czechoslovakia, Italy, Poland and
Rumania, where the emigrant's passport has a two-part detachable
sheet, one part of which is collected upon departure from, the other
upon return to, the countr)r. This method has the advantage
of making available both precise and detailed information in
respect of nationals and, in a lesser degree, of aliens also
(Rumania).
Communal administrative registers may also supply information concerning the domicile of aliens, the declaration of their
first domicile in the country being an indication that they have
immigrated. This procedure; is made use of in Belgium and thé
Netherlands for the purpose of establishing statistics relating
to the repatriation of nationals and the immigration of aliens.
In Hungary information culled from the communal registers is
utilised for the purpose of drawing up repatriation statistics.
In the Serb-Croat-Slovene Kingdom, the information obtained
from persons passing the frontier by officials entrusted with the'
control of migration is made use of for the purpose of drawing
up statistics of arrival and departure of nationals and aliens.
Regard should also be had to the very varied data utilised in
some countries in order either to establish statistics or to complete
results obtained by other means. Such, for example, are
IMMIGRATION STATISTICS
23
declarations made by employers when engaging a newly-arrived
alien worker, and the tables showing workers for whom employment has been found by the competent organisations (e.g. in
Germany).
In a few countries use is also made of the statements furnished
by immigrants' hostels (Paraguay and Uruguay). It is evident
that the information obtained from this source must of necessity
be very incomplete.
24
THE BIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
CHAPTER III
T H E R I G H T TO I M M I G R A T E A N D R E S T R I C T I O N S
ON THIS RIGHT
The question of an alien's right of admission to the territory
of any State is one of the gravest and, at the present time, one
of the most controversial problems of international law. Starting
from opposing viewpoints-—that of the individual's right t o c ó m e
and go, and t h a t of every State's sovereign right—the theorists
on international law join issue in a struggle which has its counterp a r t in the domain of reality. At present, without entering into any examination of speculative discussions, we shall confine our efforts to ascertaining the
affirmations of principle embodied in the constitutions or laws
of various countries. The practical importance of these affirmations of principle is, however, merely relative, as it quite
frequently happens t h a t even when the right of aliens to enter
its territory is recognised by the constitution of a country, the
exercise of t h a t right is strictly limited by legislative measures
subsequently passed.
If we devote our attention to those countries for whom the
phenomena of migration are of special interest, it will be noticed
t h a t the principle of the right to immigrate is very generally
proclaimed in the legislation of Latin-American countries.
Thus in t h e Constitution of Argentina (1853) it is laid down t h a t
the rights established b y this Constitution shall appertain not
only to nationals, b u t also to anyone in the world who
desires to inhabit Argentine territory. I t is further recognised
t h a t all the inhabitants thereof are entitled " t o enter, remain in,
travel through, and depart from" such territory (Article 14).
Article 25 relates to alien immigration : " T h e Federal Government
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
25
will encourage European immigration and may not restrict,
limit, nor place any tax upon the admission to Argentine territory
of aliens whose object is to cultivate the soil, to improve industries,
or to introduce or teach sciences and a r t s . " This clause, while
reaffirming t h e right t o immigrate, in reality places a tacit
limitation upon it by specifying the objects which the immigrant
must have in view in coming t o the country.
Article 4 of the Constitution of Bolivia, adopted by the National
Convention of 1899 and amended by the Act of 27 August 1906,
provides t h a t "any individual has the right to enter the territory
of the Republic, to remain in it, to travel through it, to depart
from it without any restriction other t h a n t h a t established b y
international law, to work, and to exercise in it any lawful
industry".
I n Colombia, before the introduction of certain restrictions on
the admission of aliens, the Immigration Decree of 3 November
1920 laid down in principle t h a t the territory of Colombia is
open to all aliens; the Act of 30 December 1922 is, however,
symptomatic of the present trend in the direction of restricting
such right of immigration, since it demonstrates the intention
to encourage the immigration of healthy and progressive elements,
while on the contrary it prohibits admission to the country of
persons who, "on account of their ethnical, organic or social
conditions, constitute elements which are unfavourable either
from the national point of view or from t h a t of improvement of
development of the race."
The Constitution of the Dominican Republic adopted on 17 J u n e
1927 proclaims as a fundamental right "inherent upon h u m a n
personality" t h a t of free movement. I n accordance with
Article 10, any person may enter the territory of the Republic,
depart from it, and travel within its frontiers, without being in
possession of a passport or having to comply with any other
obligation, except in case of penal liability, provided t h a t he
complies with the provisions of the immigration laws and those
of the health regulations.
I n Ecuador it is laid down by the Aliens Act of 18 October 1921
t h a t the national territory "is open to all aliens desiring t o come
and reside in it and to establish themselves upon it, except for
restrictions specified in this A c t " (section 21).
I n Guatemala the old Aliens Act, which accorded to aliens
26
THE EIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
the right " t o enter, reside and establish themselves freely in any
p a r t of Guatemalan territory" has been amended b y a recent
Decree, No. 936, dated 7 December 1926; this provides t h a t
" t h e Executive Power is competent to determine the right of
admission or to prohibit the entry into the country of aliens who
on account of their race or for reasons of public safety, public
health, or for any other well-founded reason, are considered
as demoralising elements or as persons dangerous to public
order".
The new Constitution of Honduras dated 10 September 1924
proclaims in Article 10 t h a t the Republic of Honduras is
" a sanctuary for all those who take refuge upon its territory",
adding, however, "with the exceptions laid down by law".
Article 17 of the Constitution further lays down t h a t " t h e cases
in which admission to the territory m a y be refused to an alien"
shall be determined by law.
I n Mexico, the Act of 12 March 1926 provides t h a t " a n y
person m a y immigrate within the limits laid down by the General
Constitution of the United States of Mexico, by international
treaties, and by the laws in force".
I n Paraguay, the Preamble to the National Constitution
contains the following : " T h e Government will encourage
American and European immigration, and m a y not restrict,
limit, or place any t a x upon the admission to Paraguayan territory
of aliens whose object is t o improve industries, t o cultivate
the soil, or to introduce or teach sciences and arts in the
country."
The new Constitution of Peru, promulgated on 12 J a n u a r y
1920? embodies in Article 29 t h e "free right t o enter, traverse,
and depart from Peruvian t e r r i t o r y . . . within the limits laid
down by the penal, sanitary, and immigration laws".
The Constitution of Uruguay (1917) declares t h a t " a n y person
is free t o enter, to remain in, and to depart from the territory of
the Republic". I t further authorises any person " t o engage in
any lawful agricultural, industrial, or commercial occupation
he pleases" (Articles 171 and 172).
I n Venezuela, the recent Aliens Act of 23 J u l y 1925 lays down
t h a t the territory of Venezuela "is open to all aliens"; b u t it
specifies certain causes for exclusion and moreover empowers
the President of the Republic to fix others (sections 13 and 14).
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
27
The legislation of other countries often admits the same
principle of freedom. Mention may specially be made of the
Rumanian Act of 1925, which formulates it explicitly; and,
even where it is not formally proclaimed, the general principle
of freedom of immigration is tacitly admitted by a large number
of States, who lay down more or less numerous limitations of a
practical nature, while leaving it to be understood t h a t immigration is free to all who do not come under the excluded
categories.
Explicit negation of the right to immigrate has not been
proclaimed either so categorically or nearly so often as has the
opposing principle. Nevertheless, it may be regarded as tacitly
admitted by certain States which require all immigrants t o
obtain in advance a permit to enter, issued by the authority
entrusted with the supervision of immigration (cf. § 2 of the
present chapter for provisions of this nature). I t may be added
t h a t t h e obligation t o obtain an entry visa, which enables
Governments, by way of administrative procedure, to issue
individual entry permits as they see fit, is also based upon the
same principle—that of the State's discretionary power to open
and close the country's frontiers. I t is b u t just to observe,
further, t h a t as these permits and visas are usually issued in
accordance with fixed rules, they really have the effect in both
cases of determining t h a t individuals conforming to certain
conditions are permitted to enter the national territory.
Whether, therefore, t h e individual's right t o immigrate, now
limited by numerous restrictions, or, on the contrary, the exclusion
of aliens in general, modified by permission t o enter granted to
numerous individuals, be regarded as the general rule, it will be
,seen t h a t we arrive by opposite ways at an equivalent result—
t h a t is, the regulation of immigration by statutory provisions,
which are becoming more and more precise.
I n the present chapter, devoted to restrictions placed upon
the right to immigrate, we shall study successively the provisions
of a legal nature relating t o conditions with which immigrants
have to comply, the documents which they must produce on
arrival, measures of an exceptional nature concerning certain
individuals, precautions relative to the suppression of clandestine
immigration, and special measures in regard to the landing of
seamen.
28
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
§ 1.—The Various Legislative Restrictions
Restrictions upon freedom of immigration imposed by law
are many and varied. Sometimes they are of a quantitative
nature—i.e. they tend to restrict the number of immigrants in
conformity with the country's supposed power of absorption,
and thus directly affect the conditions of population. More
frequently they are of a qualitative nature—that is, they eliminate
dangerous or useless elements and thus constitute a procedure of
negative selection.
These legislative restrictions are very varied in character.
In order to facilitate description of them, they are classed under
the following heading :
(a) Numerical restriction;
(b) Police regulations, including those relating to moral
character;
(c) Conditions of transport during the journey to the country
of immigration;
(d) Regulations relating to race, religion, or nationality;
(e) Literacy tests ;
(f) Financial situation of immigrants;
(g) Conditions relating to occupation;
(h) Conditions relating to age or sex;
(i) Physical condition;
(j) Various conditions.
(a)
NUMERICAL RESTRICTION
I t was the United States which/by the Quota Act dated 19
May 1921, was the first country to establish openly the system of
quantitative restriction of immigration to the national territory.
This Act has had far-reaching effects upon all the currents of
migration in the world ; it constitutes what is probably the most
important regulation which has ever been instituted. However,
numerous measures passed in other countries may be compared
with the provisions of the United States Act, although the
procedure varies.
In Australia, numerical restriction is not explicitly provided
for by law; but the Governor-General is empowered to take the
NUMERICAL
RESTRICTION
29
necessary steps to prohibit the immigration of aliens, either
wholly or partially. I n fact, the Australian Government does
actually regulate immigration by refusing the necessary entry
visa t o immigrants of certain nationalities in excess of a certain
monthly figure fixed by the regulations or in agreement with
t h e Governments interested.
I n the case both of the United States and of Australia, numerical
restriction is further complicated by ethnical selection; the quota
is distributed by nationality. Certain restrictions are, however,
introduced independently of the national factor, with the object
of adapting immigration to the economic necessities of the
moment. Thus, many Governments make use of the entry
visa for the purpose of modifying immigration according to the
country's power of absorption, the state of the home labour
market, and other considerations of national or economic interest.
This is particularly the case in regard to immigration for the
purpose of work; in order t o limit such immigration, recourse is
also had to the system of work or employment permits. The
method adopted is to require the alien worker to produce (either
a t the frontier or at the time of his engagement), a labour permit
issued by the competent authority, or else t o compel the employer
t o obtain an employment permit prior t o recruiting or engaging
alien workers; the Government t h u s reserves the possibility of
restricting the number of newcomers should circumstances
render such a course desirable. I n Germany the number of
alien workers which each agricultural undertaking may employ
is fixed annually, and these agricultural workers are compelled,
unless they have special exemption, to leave the country every
year as soon as t h e season is over. Thus, the total number of
agricultural workers arriving in Germany is known to the
competent authorities. I n Palestine also an annual quota is
stipulated for workers of various categories.
Moreover, certain authorities are sometimes empowered to
lay down numerical restrictions according t o circumstances.
Numerical restriction of immigrants of a particular nationality may also be arrived at by way of international agreement.
I n relation to immigration for the purpose of settlement, we may
cite the arrangements made between J a p a n of the one part and
Australia and Canada respectively of the other part, known
as Gentlemen's Agreements. Regarding immigration for the
30
THE EIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
purpose of work, agreements concerning recruitment of labour
are becoming more and more numerous, and these nearly always
contain a clause stipulating the contingent of workers to be
introduced annually. These agreements are considered in
Chapters III and IV of Volume III.
B R I T I S H M A N D A T E D T E R R I T O R Y : Palestine.—Labour schedules are prepared every six months by the Chief Immigration Officer in
order to determine the number of persons having a definite prospect of
employment in Palestine (group C) who may be admitted to the country.
These schedules are drawn up after considering any proposals made in
that regard by the Palestine Zionist Executive. Each schedule must be
laid before the High Commissioner for approval.
The Chief Immigration Officer then grants a corresponding number of
immigration certificates (cf. § 2 of the present Chapter) either to persons
who have made application in the manner set out in the Regulations, or to
persons on whose behalf applications have been made by an employer or
by the Palestine Zionist Executive.
In the first case the certificate is transmitted to the applicant; in the
second case, at the discretion of the immigration officer, it is transmitted
either to the employer or to the person named in the application, and in
the third case t o the Palestine Zionist Executive or t o employers who have
made application for workers without specifying particular individuals.
If, after all the proper applications have been granted, the full number
of labour certificates have not been allotted, the Chief Immigration Officer
may prepare a number of certificates in blank and transmit them either to
the Palestine Zionist Executive or to employers who have applied for labour.
If, by reason of the occurrence of unforeseen and urgent demands for
immigrant labour, employment can be given t o a larger number of immigrants than the number mentioned in the labour schedule, the Chief Immigration Officer may grant additional immigration certificates. The number
of additional certificates must not exceed one-twentieth of the number of
persons whose entry into Palestine is permitted by the 'schedule or 300,
whichever be the greater number-, unless the High Commissioner so directs.
(Regulations 8 and 9 issued under the Ordinance of 1925.)
AUSTRALIA.—The Immigration Act, 1901-1925, section 3K, provides
that the Governor-General may by Proclamation prohibit, either wholly
or in excess of specified numerical limits, and either permanently or
for a specified period, the immigration of aliens of any specified nationality,
Tace, class or occupation, in any case where he deems it desirable so to do
(a) on account of the economic, industrial or other conditions existing in
the Commonwealth ; (b) because the persons specified in the Proclamation
are in his opinion unsuitable for admission into, the Commonwealth;
(c) because they aTe deemed unlikely to become Teadily assimilated or t o
assume the duties and responsibilities of Australian citizenship within a
reasonable time after their entry.
The number of immigrants of certain nationalities admissible into
Australia each year is, in fact, regulated; for details concerning the immigration of these persons, cf. § 1, (a), of the present chapter.
BRAZIL.—The instructions approved by the Federal Decree of 30 J u n e
1925 empower the Director-General of Land Settlement to suspend or t o
restrict embarkation for Brazil during a certain period to a limited number
of immigrant passengers. Consequently, companies undertaking transport
of immigrants are required to obtain a permit before the journey takes
place (section 1).
NUMERICAL RESTRICTION
31
GERMANY.—The employment of alien workers in Germany is subject
to authorisation being obtained from the Labour Offices of the various
German States (cf. Chapter VI, § 1, "Employment of Alien Workers");
but while no maximum is stipulated in the case of industrial workers, the
employment of agricultural workers is limited to a definite quota, fixed a t
the end of each year for the following year by the Federal Minister of Labour,
after hearing the opinion of the Committee for Agricultural Questions of
the Federal Institute for Employment and Unemployment Insurance
(Reichsanstalt für Arbeitsvermittlung und Arbeitslosenversicherung).
This quota is distributed among the Labour Offices of the various German
States and cannot be exceeded.
SIAM.—The Act of 11 July 2470 of the Buddhist Era (corresponding
to 1927) empowers the Minister of the Interior, acting in agreement with
the Minister for Commerce and Communications, to fix by Decree the
number of aliens of each nationality and the number of each class of
aliens who may be admitted each year to Siam. This measure only comes
into operation three months after promulgation. When the annual quota
of admissible aliens is once fixed, no alien in excess of this number may
be admitted except : (a) diplomatic and consular officials and aliens
coming to Siam in the service of the Siamese Government; (b) travellers
who can prove that they have no intention of settling in the country or
regularly to follow a trade or profession there, but that they have only come
to make a temporary visit or in order to traverse the territory (sections 8
and 9).
U N I T E D STATES.—The Immigration Act of 1924 provides for an
annual quota for immigrants arriving in the United States. All aliens
arriving in the United States are considered, for the purpose of this Act, as
quota immigrants, non-quota immigrants, or non-immigrants (for a definition
of these terms, see Chapter I I , § 1). For the first two of these classes the
quota of each nationality is 2 per cent, of the number of foreign-born
individuals of that nationality resident in continental United States as
determined by the census of 1890, the minimum quota being 100. An
immigrant born in the Dominion of Canada, Newfoundland, the Republic
of Mexico, the Republic of Cuba, the Republic of Haiti, the Dominican
Republic, the Canal Zone, or an independent country of Central or South
America, and his wife and unmarried children under eighteen years of age,
are not subject to the quota system, and are considered as non-quota
immigrants.
Within the quota, preference is given to a maximum of 50 per cent, of
the visas per month to an immigrant who is the unmarried child under
twenty-one, the father, mother, husband or wife of a citizen of the United
States who is twenty-one years of age or over, and to a quota immigrant
who is skilled in agriculture, together with his wife and dependent children.
Not more than 10 per cent, of the annual number of quota visas issuable
to persons of any nationality may be granted in any one month. Nationality
is determined by the country of birth, the colonies, dependencies, or selfgoverning Dominions for which separate enumeration was made in the
census of 1890 being treated as separate countries. I t is, however, provided
that the nationality of a child under twenty-one accompanied by a t least
one of its parents is determined by the country of birth of that parent (or
of the father if both parents are present, and were born in different countries),
and the nationality of a wife accompanying her husband may in certain
cases be determined by the country of birth of hex husband.
The Act of 1924 also provides t h a t from 1 July 1927 the annual quota
for each nationalty should be a number which bears the same ratio to
150,000 as the number of inhabitants in continental United States in 1920
having that national origin bears to the number of inhabitants in continental
United States in 1920 with a minimum of 100; by a Joint Resolution of
32
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
4 March 1927 the application of this system was postponed to 1 July 1928 x.
The Immigration Act of 1924 allows in the application of the quota certain
preferences, provided they do not exceed 50 per cent, of the annual quota
for the nationality affected, and that they are given in the calendar month
in which the rate of preference is established; or, if the quota is full, in the
following month. Preference is given to quota immigrants as follows :
(a) Unmarried children (under twenty-one), father, mother, husband or
wife of a citizen of the United States who is twenty-one years of
age or over ;
(b) A person skilled in agriculture, together with his wife and dependent
children under sixteen years of age. This does not apply to any
nationality whose annual quota is less than 300 (section 6).
Any citizen of the United States claiming an immigrant to be his relative
and admissible as a non-quota immigrant, or entitled to preference, may
make and file under oath a petition to the Commissioner-General stating
among other things the degree of relationship and the petitioner's ability
and willingness to support the immigrant if this should become necessary.
Two other responsible citizens must confirm these facts. If the statements
are found to be satisfactory, the consular officer with whom the application
for the immigration visa has been filed shall be authorised to grant the
preference (section 9).
(b)
P O L I C E REGULATIONS, INCLUDING T H O S E RELATING
TO MORAL CHARACTER
The majority of countries prohibit t h e admission of persons,
having been convicted of any infamous crime or, at all events,
those who have been so convicted within a longer or shorter period
fixed by each country, as also is the admission of persons against
whom legal proceedings have been commenced. I n some cases,
t h e offences resulting in exclusion are definitely stated ; in others
the exclusion is stipulated more vaguely as t h a t of "undesirable
elements".
The admission of prostitutes, procurers, and, in general, of
persons receiving the proceeds of prostitution is prohibited.
These measures are in conformity with the provisions for the
suppression of t h e White Slave traffic, laid down in an international Convention to which a large number of countries have
adhered (cf. Vol. I I I ) .
Gipsies and nomads in general, by whatever name they may
be known, are also very frequently excluded.
I n many cases an immigrant is required t o produce a certified
' A further postponement to 1 July 1929 was effected by the resolution S. J. 113 passed
by both Houses of Congress and signed by the President of the United States on 31 March
1928.
POLICE
REGULATIONS
33
extract from t h e Criminal Record (easier judiciaire) or some
similar document, together with a certificate of good behaviour.
Some legislation provides also for t h e rejection of individuals
who have been deported from another country, or previously
expelled from the territory of t h e legislating country ; and persons
suspected of having come for t h e purpose of espionage.
Many States also t a k e care t o keep out of their territory such
elements as political agitators, while anarchists and persons of
subversive tendencies in regard t o t h e political conceptions
obtaining in the country are frequently rejected. I t is also t h e
case, however, t h a t certain countries g r a n t special facilities t o
persons condemned from political motives and t o refugees. Many
States regard it as their d u t y t o grant free right of sanctuary t o
individuals persecuted for their opinions, and t o accord t h e m
free access t o their territory, sometimes even in cases which do
not comply with t h e normal regulations for admission.
BRITISH MANDATED TERRITORIES : Palestine.—Permission to
enter Palestine is refused to any person other than a Palestinian citizen who :
(a) not having received a free pardon, has been convicted in any country
of murder or an offence for which a sentence of imprisonment has
been passed, and, by reason of the circumstances connected therewith, is deemed by the High Commissioner to be an unsuitable
person for admission into Palestine ;
(b) is a prostitute;
(c) is deemed by the High Commissioner from information officially
received by him to be an unsuitable person for admission into
Palestine ;
(d) is shown by evidence which the High Commissioner may deem
sufficient to be likely to conduct himself so as to be dangerous to
peace and good order in Palestine or to excite enmity between the
people and the Government of Palestine or to intrigue against the
Government's authority in Palestine. (Immigration Ordinance,
No. 32 of 1925, section 5, (16), (Id), (le), (1/).)
Tanganyika.—The immigration is prohibited of any person who, not
having received a free pardon, has been in any country convicted of an
offence for which a sentence of imprisonment has been passed and who
therefore appears t o be undesirable; of any person who, from information
received from a Government or any reliable source, is considered undesirable; of any person who has been lawfully deported from the Territory;
or of any prostitute or person living on or receiving the proceeds of prostitution. (Immigration Ordinance, No. 16 of 1924, section 5.)
Trans-Jordan.—The Emir of Trans-Jordan may, by order under his
hand, prohibit, the entry of any foreigner into Trans-Jordan if such foreigner
is likely to be dangerous to peace and good order in the country or excite
enmity between the people and the Government of Trans-Jordan, or to
intrigue against the Government's authority. (Aliens Act, 1927.)
J A P A N E S E M A N D A T E D TERRITORY : South Sea Islands.— In
accordance with section 1, subsections (2) and (3), of Order No. 1, dated
34
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
2 February 1925, the chief of the local administrative office may prohibit
the landing of vagabonds and beggars, and of any persons suspected of a
desire to act against the interests of the Empire in favour of an enemy
State, or should there be reason to believe that such person may become a
danger to public order or good behaviour.
NEW ZEALAND MANDATED TERRITORY : Western Samoa.—
By the Samoan Immigration Ordinance of 1924, the Administrator is
empowered to prohibit the landing in Samoa of any person other t h a n
a permanent resident whose presence in Samoa would be injurious to the
peace, good government, or public interest of the territory. The Administrator is likewise empowered to prohibit the landing in Samoa of any
person other than a permanent resident who is disaffected or disloyal
(section 5, subsection (1)). The immigration is prohibited of any person
who fat any time within five years of his arrival in Samoa has been
convicted in any place of any criminal offence punishable by imprisonment
of more t h a n one year (section 13, subsection (b)).
S O U T H AFRICAN MANDATED TERRITORY : South-West
Africa.—The immigration is prohibited of any person who has been convicted of a specified offence (see below) and has not received a free pardon,
and by reason of the circumstances connected with the act is deemed by
the Administrator to be an undesirable inhabitant of or visitor to the
territory.
The offences specified are the following : high treason ; sedition and public
violence and any conspiracy or attempt to commit such a crime ; murder ;
rape; arson; theft; receiving stolen goods knowing them to be stolen;
fraud ; fraudulent insolvency ; forgery or uttering forged documents knowing
them to have been forged; counterfeiting coin or uttering coin knowing
same to have been counterfeited; housebreaking with intent to commit an
offence; burglary; robbery with violence; threats by letteT or otherwise
with intent to extort ; any attempt to commit any such offence.
The immigration is likewise* prohibited of any person who, from information received from any Government through official or diplomatic channels,
is deemed to be an undesirable inhabitant of the colony, or of any prostitute
or person living on or receiving the proceeds of prostitution. (Immigrants
Regulation Proclamation, No. 23 of 1924, section 1 (Id); idem, section 1 (le),
(I/)-)
ARGENTINA.—The Immigration Act of 1876 and the Decree of
31 December 1923 (section 10) lay down that the following persons may not
be admitted : (1) gipsies ; (2) persons having been convicted of any infamous
crime against common law or against the social order within the five years
preceding arrival, and in general all those who are included under the
description "undesirable immigrants".
Similar provisions are contained in the Act of 22 November 1902 and in
that of 30 J u n e 1910. The first of these lays down that the executive
power may prohibit the entry of aliens who might endanger the national
safety or public order. The second, almost in the same terms, prohibits
the admission of anarchists and others who advocate the overthrow by
force or violence of established social institutions, or the assassination of
public officials.
A certificate issued by a court of law or by the police of an immigrant's
country of origin is required as proof that the person concerned does not
come within the excluded categories; and such certificate must be duly
visaed by a consul of the Argentine Republic. - Any person who, after
having stayed in Argentina, is refused admission to another country, must,
in order to be allowed to re-enter Argentina, produce proofs of his previous
stay in the Republic ; he must also prove that during his previous stay his
conduct gave rise to no complaint.
POLICE REGULATIONS
35
AUSTRALIA.—According to the Immigration Act, 1901-1925, the
following classes are forbidden to enter the Commonwealth :
(a) Any person who has been convicted of a crime and sentenced to
imprisonment for a year or more, unless five years have elapsed
since the termination of the imprisonment (section 3, (ga)) ;
(b) Any person who has been convicted of any crime involving moral
turpitude and whose sentence has been suspended or shortened
conditionally on his emigration, unless five years have elapsed
since the expiration of the term for which he was sentenced
(section 3, (go));
(c) Any prostitute, procurer, or person living on the prostitution of
others (section 3, (gc));
(d) Any person who has been deported (section 3, (gg));
(e) Any person declared,
. . . from information received through
official or diplomatic channels, undesirable as an inhabitant of,
or visitor to, the Commonwealth (section 3, (gh)) ;
(f) Any person who advocates the overthrow by force or violence of any
established Government or of all forms of order', who advocates the
abolition of organised government, the assassination of public
officials or the unlawful destruction of property, or who is a member
of any organisation which entertains or teaches any of the doctrines
and practices specified in this paragraph (section 3, (gdj).
Papua.—In Papua, the immigration is prohibited of any person who
has been convicted of an offence, not being a political offence, and has
been sentenced to imprisonment for a year or longer and has not served his
sentence, or received a pardon; the immigration of prostitutes or persons
living on the prostitution of others is also prohibited. (Immigration
Restriction Ordinance of 1908, sections 2-6.)
BELGIUM : Congo.—By section 2 of the Ordinance of 8 March 1922,
the following persons are declared to be inadmissible to the Colony :
(a) Individuals considered by the "Vice-Governor-General as undesirable
visitors or inhabitants, either from information received from the
Belgian or any other Government, or on account of their mode of
life or customs;
(b) Persons living on prostitution or enocuraging prostitution, in particular by letting rooms for that purpose ;
(c) Persons who have been convicted, either in the Colony or abroad,
of a crime for which the penalty is extradition, or are considered
undesirable in view of circumstances connected with the crime.
In order to be allowed to enter the Colony, an individual must hold a
certificate as to his good behaviour and regular life, issued less than a year
previously. The signature to this document must be properly authenticated. (Official Notice relating to conditions of admission to Belgian
Congo.)
BOLIVIA.—An immigrant seeking admission to Bolivia is required to
present a certificate issued by an authority of his country of departure, to the
effect that he has not been prosecuted and convicted of a criminal offence
during the previous five years, together with a certificate to the effect that
he is engaged in an honourable occupation. (Decree of 27 October 1921,
section 1.)
BRAZIL.—The Executive Authority is empowered, by Federal Decree
No. 4247, dated 6 January 1921, to prohibit admission to the national
territory of any alien liable to be expelled from the country in accordance
with the provisions of section 2 of that Decree (which is analysed in § 2 of
Chapter X), and of any female alien who comes to the country for the
purposes of prostitution.
36
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
In accordance with Federal Decree No. 16761, dated 31 December 1924,
immigrants are required to produce duly authenticated documents attesting
their good conduct.
CANADA.—According to the Immigration Act of 1914-1924, the
following classes are prohibited from entering Canada :
Persons who believe in the overthrow by force or violence of the
Government of Canada or of constituted law and authority, who
disbelieve in organised government, who advocate the assassination
of public officials or the unlawful destruction of property;
Persons who are members of a n y organisation entertaining or teaching
disbelief in organised government, or the duty, necessity or propriety
of the unlawful assaulting or killing of officers of any organised government, because of their official character, or advocating the unlawful
destruction of property;
Persons guilty of espionage with respect to His Majesty or any of
His Majesty's allies;
Persons who "have been found guilty of treason for an offence in
connection with the war, or of conspiring against His Majesty, or of
assisting His Majesty's enemies during the war, or of any similar offence
against any of His Majesty's allies;
Persons who have been convicted of, or admit having committed,
any crime involving moral turpitude;
Prostitutes and women and girls coming to Canada for immoral
purposes and pimps or persons living on the avails of prostitution;
Persons who procure or attempt to bring into Canada prostitutes or
women or girls for the purpose of prostitution or other immoral purposes.
CHILE.—The Residence Act, of 12 December 1918, refuses admission
to Chilian territory to aliens who have been convicted of or are subject to
prosecution for such offences against common law as are regarded as crimes
by the Penal Code., and of persons carrying on an illicit traffic or any traffic
contrary to morality or to public order in general.
Admission is also refused to persons seeking to overthrow by violence the
existing social or political order, as well as those who in any way advocate
doctrines incompatible with national unity (sections 1 and 2).
A certificate of satisfactory antecedents and behaviour, issued by the
mayor or police authorities in the place of origin, is also required ; and if
the consul considers it desirable, an extract from the Criminal Record,
certifying that the person concerned is not liable to judicial proceedings
and has not been convicted of any offence, may also be required before the
visa is issued.
COLOMBIA.—In accordance with the Act of 18 November 1909,
immigrants desiring to enter Colombia must prove that they are of satisfactory antecedents and morals. The entry of vagabonds, persons convicted
of crimes against common law, and escaped prisoners is prohibited.
The law forbids immigration agents for Colombia to conclude contracts
with persons not fulfilling the conditions prescribed by the emigration laws
of their respective countries. This prohibition also applies to private
individuals and to private companies who bring immigrants to Colombia.
Decree No. 48, dated 3 November 1920, prohibits the admission to the
country of beggars, vagabonds, persons having no honourable calling, and
in general persons of proved unsatisfactory morals; those living on prostitution; and those who have undergone a penal sentence for any offence
other than a purely political offence. Individuals who preach disobedience
to the authorities or laws of the country, or carry on propaganda in favour
of the overthrow by violence of the constitutional Government, anarchists,
communists, and persons who commit offences against property are also
refused admission (section 7).
POLICE REGULATIONS
37
A certificate of good conduct made out by a person or a society of
recognised standing must be handed to the consul before the necessary
visa can be issued (section 4).
COSTA RICA.—The Immigration and Deportation Act of 18 June 1894,
amended by the Act of 24 November 1905, prohibits the admission to Costa
Rica territory of the following : persons having been convicted in any
foreign country of piracy or arson, or as assassins, literary or artistic
plagiarists or pirates, thieves, coiners, forgers of bank notes, treasury bonds,
or other public credit securities; individuals whose antecedents warrant
their being regarded as dangerous to public order; and vagabonds—defined
by the Act of 31 August 1914 as meaning pickpockets (rateros), dishonest
gamesters (tahúres), prostitutes, and persons having no legitimate means
of existence.
Anarchists and persons whose object is to carry on agitation among the
working classes are also excluded.
The Decree of 10 June 1924 prohibits the immigration of gipsies of any
nationality.
CUBA.—In accordance with section 1 of the Order of 15 May 1902,
admission to Cuban territory is forbidden to persons convicted of infamous
offences or crimes (other than offences of a purely political nature) or of
offences against morality, polygamists, and prostitutes.
Decree No. 384, of 2 March 1925, lays down very severe measures to
prevent the admission of persons who may be White Slave traffickers or
who may engage in prostitution. Section 1 provides that any person
responsible for the conveyance to Cuba of a woman for immoral purposes
shall be punished with imprisonment ; and section 3 lays down particularly
strict precautions to be taken before any woman travelling alone may be
allowed to land (cf. § 1, (h)). An impresario bringing theatrical artistes
must deposit security in respect of them, and must also hand to the Immigration Commissioner complete information concerning them, their photographs, a list of their previous engagements, etc., with a view to the elimination of sham contracts serving as a pretext for the introduction of
prostitutes.
Further, section 8 of the same Decree provides that persons described
as "globe-trotters" (trotamundos) may be refused permission to land at the
discretion of the Immigration Commissioner. I t is also provided that any
person landing at a Cuban port may be required to have his finger-prints
taken (for purposes of identification) at the discretion of the Immigration
Commissioner.
ECUADOR.—The Aliens Act of 18 October 1921 provides that the
following persons shall not be admitted to the national territory : vagabonds ;
individuals who have been expelled from, or refused permission to land in,
another country, or who are suspected persons; those who have been convicted in a foreign country of a crime which, if committed in Ecuador,
would be punishable with a term of four years' imprisonment or some other
penalty of equal or greater severity, even if such persons have undergone
their punishment or received a pardon, unless a period of two years has
elapsed since the termination of their imprisonment. These provisions do
not, however, apply to persons prosecuted or condemned for political or
religious motives or for cognate reasons, nor to those seeking refuge in order
to save their lives (sections 22 and 23).
FRANCE : Colonies.—West Africa. In order to be allowed to land in
any French West African port, an alien must be in possession of a certified
extract from the Criminal Record (easier judiciaire) obtained less than
three months earlier, or some equivalent document duly visaed by the
38
THE BIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
French consular authorities of his country of origin. (Section 1 of the
Decree dated 24 January 1925.)
Morocco.—By the Ordinance of 13 November 1914, a person landing in
the French zone must submit to the legal authorities proofs of his identity,
previous domicile, means of support, and his reasons for visiting the country,
failing which permission to land may be refused. The Ordinance of
15 January 1924 leaves the preceding provisions in force.
GREAT BRITAIN.—The admission, supervision, and control of aliens
are at present regulated by the Aliens Order, 1920, made under the Aliens
Restriction Act, 1914, and the Aliens Restriction (Amendment) Act, 1919.
The provisions, which, under the former Act, applied only when "imminent
national danger or great emergency" had arisen, were extended by the
latter Act for a period of one year after that Act came into force. This
measure has been re-enacted year by year, and the exercise of the powers
conferred by it is no longer contingent upon the occasion of imminent
national danger or emergency.
The Aliens Order, 1920, provides in section 1 that an alien may not land
in the United Kingdom without the permission of an immigration officer,
and permission to land may not be given unless the alien complies with
certain conditions. Among these are the following :
(a) That he has not been sentenced in a foreign country for an extradition
crime ;
(b) That he is not the subject of a deportation order in force under the
Act of 1914, or of an expulsion order under the Aliens Act of 1905 ;
(c) That he has not been prohibited from landing by the Home Secretary.
The Home Secretary is further empowered to prescribe other requirements
that must be fulfilled by an alien immigrant.
Colonies.—A large number of British colonies have regulations prohibiting the entry of persons who are deemed to be undesirable, such as :
(1) Persons convicted of a crime and sentenced to imprisonment (Gambia,
Gold Coast, Jamaica, Mauritius, Nigeria, Nyasaland, Sierra Leone,
Somaliland, Uganda, Zanzibar) ; in Bermuda convicts are excluded,
and other persons who have been convicted of a criminal offence
are not granted the exemptions accorded to certain passengers ;
(2) Persons convicted of any crime involving moral turpitude (Jamaica) ;
(3) Immigrants who appear to be a danger to the general peace and order
(Gambia, Gold Coast, British Guiana), unless they find security for
their good behaviour (Nigeria, Nyasaland, Northern and Southern
Rhodesia, Sierra Leone, Straits Settlements, Somaliland, Uganda,
St. Lucia, Zanzibar) ;
(4) Persons who have been sentenced for an extradition crime or have
been the subject of a deportation order (Federated Malay States,
Mauritius, Leeward Islands) ;
(5) Persons previously convicted of a crime which, if committed within
the Colony, would have been a felony or misdemeanour punishable
by the Supreme Court of the Colony (Bahamas, Fiji,
British
Honduras) ;
(6) Persons advocating the overthrow by force or violence of the Government of the United Kingdom, Ireland, any British possession or
any friendly State, or the assassination of public officials or the
destruction of property are, in Bermuda, not entitled to the exemptions accorded to certain passengers (cf. Chapter I I , § 1);
(7) Prostitutes and, in most cases, procurers or persons living on the
proceeds of prostitution (Ceylon, Federated Malay States, Fiji,
Gambia, Gold Coast, British Honduras, Jamaica, Nigeria, Nyasaland,
Northern and Southern Rhodesia, Sierra Leone, Uganda and Zanzibar). In the Federated Malay States, special powers are given
POLICE REGULATIONS
39
to the Protector of Chinese for the supervision of children and
suspicious cases. In the Straits Settlements any person who traffics
in young girls and brings them into the Colony for immoral purposes
is liable to a .fine of $200 or imprisonment for not more than six
months, or both.
(Bahamas : Immigrants Act, No. 17 of 1920, section 3. Bermuda :
Immigration Act, No. 58 of 1902, section 4; Immigration Act, No. 11 of 1920, section 1. Ceylon : Destitute Immigrants Regulation Ordinance,
No. 12 of 1907, section 9. Federated Malay States : Female Domestic
Servants Enactment, No. 22 of 1925, section 4; Passengers Restriction
Ordinance, No. 6 of 1922, section 8, (f), 8, (i). Fiji : Immigration Restriction Ordinance, No. 6 of 1909,as amended by No. 7 of 1917, section 5, (la),(lb),
Gambia : Immigration Restriction Ordinance, No. 12 of 1924, section 5,(c),
(d), (e), (f). Gold Coast : Immigration Restriction Ordinance, No. 9 of 1925,
section 5, (d), (e), (f). British Honduras : Immigration of Undesirable Immigrants Ordinance,No.20 of 1921,section5,(la),(lb). Jamaica: Immigration
Restriction Law, No. 36 of 1919, section 4. Leeward Islands : Aliens
Admission Regulation Act, No. 13 of 1922, section 4, (6), (7). Mauritius :
Proclamation No. 30 of 6 August 1926 under the Destitute and Criminal
Immigrants Regulation Ordinance, 1907, section 1, (v). Nigeria: Immigrant Restriction Amendment Ordinance, No. 31 of 1924, section 3. Nyasaland : Immigration Ordinance, No. 17 of 1922, section 4, (d), (e), (f), (i).
Northern Rhodesia : Immigrants Regulation Proclamation, No. 15 of 1915,
section 2, (4), (5). Southern Rhodesia : Immigrants Regulation Act, No. 7
of 1914, section 2, (4), (5). Sierra Leone : Undesirable Persons (Prevention
of Immigration) Ordinance, No. 17 of 1924, section 4, (c), (d), (f).
Somaliland : Immigration Restriction Ordinance, No. 4 of 1924, section 6, (c),
(d), (e), (f). Straits Settlements : Passengers Restriction Ordinance, No. 169
of 1919, section 9, (lg); Women and Girls Protection Ordinance, No. 24
of 1925, section 4, (1). Uganda : Immigration Restriction and Removal
of Undesirables Ordinance, 1913, section 2, (5), (6), (7). Windward Islands
(St. Lucia) : Undesirable Immigrants Ordinance, No. 35 of 1916,
sections 12, (1), and 14. Zanzibar : Immigration Regulation and Restriction
Decree, No. 8 of 1923, section 2, (/, 4-6).
GREECE.—Admission to the country is refused to' persons who have
been found guilty of an extradition crime, or who have previously been
expelled from Greece, unless a Decrees has been issued by the Minister of
the Interior authorising their entry. Admission is also refused to persons
whose stay in Greece is prohibited by law or ordinance promulgated by a
competent authority and to persons who are suspected of being a danger
to the State. (Act No. 3275 of 24 January 1925, and Ordinance of 23 June
1927.)
GUATEMALA.—The Act of 30 April 1909 lays down that persons
having been accused of an offence against the common law, fugitive convicts,
and persons found to be of unsatisfactory conduct or morals may not be
admitted as immigrants (section 7). Ry Decree No. 875 of 15 September
1924, all immigrants are required to possess a certificate of satisfactory
behaviour before the consular visa needed in order to enter the country
can be issued.
HONDURAS.—The Aliens Act of 4 February 1926 lays down that the
executive authority may refuse admission to the country to any alien for
motives concerned with public order or morality, and when such refusal is
called for in the country's interest (sections 43 and 46).
HUNGARY.—In accordance with the terms of Ordinance No. 200,000
of 25 April 1925, aliens are free to pass the frontier provided that they
40
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
comply with provisions in force concerning passports; and upon condition
that they have not been expelled from the country or forbidden to return
to it in accordance with any Decree (section 2).
ICELAND.—The Act of 12 May 1920 lays down that aliens arriving in
the country must, in order to be admitted, be of good reputation.
I R I S H F R E E STATE.—The Aliens Order of 1925 lays down in
section 1, (2), that leave shall not be given to an alien to land in the Irish
Free State if he has been sentenced in a foreign country for any extradition
crime within the meaning of the Extradition Acts or if he is subject to a
deportation order in force.
JAPAN.—Ordinance No. 1 of 24 January 1918 lays down that competent
officials are to prevent the entry of aliens suspected of a desire to act against
the interests of the Empire, those who may become a danger to public order
or good behaviour, beggars, and vagabonds (section 1).
Formosa.—Section 10 of Ordinance No. 68 of 24 September 1904,
amended by Ordinances No. 25 of 1915 and No. 198 of 1920, forbids transport
agents to issue travelling tickets to persons whose stay in the Island has
previously been prohibited or to persons of uncertain identity.
MEXICO.—Admission to Mexico is forbidden to :
(a) would-be fugitives from justice and escaped convicts, persons who
are being prosecuted for offences which, in conformity with the
provisions of Mexican law or t h a t of the country in which the
offence was committed, are punishable with more than two years'
imprisonment, offences of a political nature excepted;
(b) prostitutes, persons living upon the proceeds of prostitution, persons
accompanying or exploiting prostitutes or encouraging prostitution,
and persons whose trade, occupation, or manner of living is of a
reprehensible nature;
(c) persons addicted to poisonous drugs or to alcoholism in a chronic
form, persons trafficking in or facilitating the traffic in stupefactive
drugs, and, in general, persons following a trade or profession prohibited in Mexico.
Individuals belonging to anarchist organisations or who profess or carry
on propaganda in support of any doctrine which approves the destruction, by
violence of any Government or the assassination of public officials are also
refused admission.
In order to obtain the individual identity card issued by a Mexican consul
which all aliens desiring to enter the country must possess, the future immigrant has to submit to that official duly authenticated documents proving
that he is of satisfactory morals, drafted in such a manner as to show, not
only that the applicant's conduct has given rise t o ' no complaint in the
past, but that it is definitely good. (Migration Act of 12 March 1926,
sections 15 and 29 ; Circular No. 97 of 19 September 1925 ; and section 72 of
the Sanitary Code dated 27 May 1926.)
N E T H E R L A N D S : E a s t Indies.—According to Royal Decree No. 32,
of 15 October 1915, the admission card is refused to persons making their
living by prostitution or indirectly encouraging the same, to persons sentenced in a foreign country, between which and the Netherlands there exists
an extradition treaty, for an extradition crime, and to persons who constitute
a danger to social order (section 4).
NEWFOUNDLAND.—According to the Immigration Act of 1926 the
following classes are considered undesirable immigrants :
(a) Persons convicted of any crime involving moral turpitude ;
POLICE REGULATIONS
41
(b) Prostitutes and women and girls coming to Newfoundland for any
immoral purpose and pimps or persons living on the avails of
prostitution ;
(c) Persons who procure or attempt to bring into Newfoundland prostitutes or women or girls for the purpose of prostitution or other
immoral purpose.
Moreover, Chapter 77 of the Consolidated Statutes of Newfoundland,
1916, provides in section 1, (3c), that an alien may be refused permission to
land in the Colony if he has been sentenced in a foreign country, between
which and the United Kingdom there exists an extradition treaty, for an
extradition crime, other than a crime of a political nature, within the
meaning of the British Extradition Act, 1870. (Cf. also, in § 1, (f), exemptions relating to political refugees.)
Section 5, (d), of Chapter 79 of the Consolidated Statutes, 1916, provides
that no Chinese person is permitted to land who is a prostitute or living on the
prostitution of others.
N E W ZEALAND.—Section 14, (d), of the Immigration Restriction
Act, 1908, as amended in 1910, provides that any person who arrives in
New Zealand less than two years after the termination of any imprisonment
suffered by him for an offence which, if committed in New Zealand, would
be punishable by death or imprisonment for two years or upwards, not
being a mere political offence and no pardon having been granted, is prohibited from landing.
Part I I of the Immigrants Restriction Amendment Act, 1920, stipulates
that every person other than a British subject arriving in New Zealand must
take the oath of obedience to the laws of New Zealand. Persons refusing to
take the oath are deemed to be prohibited immigrants.
A person is not exempt from these provisions by reason that he is domiciled
in New Zealand, or that he is returning to New Zealand, or that he has on
some previous arrival in New Zealand taken the oath required by the Act.
Section 5 of the Undesirable Immigrants Exclusion Act of 1919 provides
that when the Attorney-General is satisfied that any person is not permanently resident in New Zealand and is disaffected or disloyal, or of such a
character that his presence in.New Zealand would be injurious to the peace,
order, and good government of that Dominion, and that such person is
about to arrive or land in New Zealand, he may prohibit that person from
landing in New Zealand.
NORWAY.—Section 3 of the Act of 22 April 1927 lays down that gipsies
and other vagabonds are not admissible to Norwegian territory. Section 16
of the same Act provides that aliens who, less than five years previously,
have completed a term of not less than six months' imprisonment for an
offence, not being a political offence, may be deported.
PANAMA.—The Administrative Code prohibits the admission to Panama
of fugitive criminals, adventurers or vagabonds of recognised bad character,
and anarchists (section 1875).
Decree No. 45, of 19 August 1925, applying Act No. 55 of 1925, requires
intending immigrants to submit to the Panama consul, when handing over
their passports for the necessary visa, a certificate testifying to their good
conduct and that they have not been convicted of any criminal offence
(section 7).
Act No. 13, of 23 October 1926, lays down that under no circumstances
whatever will admission to the territory be allowed in the case of individuals
who have been expelled from another country, whatever may be their
race, condition, social position, profession, or occupation, unless such expulsion took place for a political reason (section 19).
PARAGUAY.—Act No. 691, of 31 October 1924, stipulates t h a t the
42
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
following persons shall not be admitted to Paraguay : beggars ; persons who
have been prosecuted for or competed of crime ; confirmed alcohol addicts ;
persons who, directly or indirectly, convey or endeavour to convey into
the territory persons for the purposes of prostitution ; individuals advocating
transformation of the existing social order by violent means ; and persons
who have been expelled from other countries as anarchists under whatever
denomination.
By Decree No. 20173, of 24 February 1925, consuls are forbidden to issue
passports or visas to the said persons. Accordingly, an applicant must
hand to the consul a certificate issued by some judicial authority or by
the police, testifying that the person concerned has not been prosecuted for
any offence against public morality or the social order, or against persons
or property, during the previous five years. This certificate must be issued
by the authorities of the future immigrant's country of origin, and must
be visaed by the Paraguayan consul.
PERU.—The Act of 22 September 1920 prohibits admission to Peruvian
territory of beggars and vagabonds, persons devoting themselves to prostitution, persons condemned to a penalty of imprisonment and not having
completed their sentence, unless a period of two years has elapsed since
their release. Exceptions are made in respect of persons convicted from
political or religious motives, persons who seek refuge in the country in
order to save their lives, and those who, having previously resided in the
country for a period of six months, afterwards left it and were subsequently
deported or expelled from another country (sections 1 and 2).
The Regulation of 10 December 1919 further instructs the maritime
authorities to prevent the landing of aliens claiming readmission to the
Republic after having been expelled from the country as troublesome
elements (section 6).
POLAND.—Permission to enter and reside upon Polish territory is
withheld or may be refused at any time to aliens who have been prosecuted
either in Poland or in a foreign country for a crime against common law, or
who have been expelled from Polish territory, or who may be dangerous to
the security of the State or to public order. (.Ordinance of 13 August 1926.)
RUMANIA.—The immigration is prohibited of persons who have been
prosecuted for or convicted of crimes, abuse of confidence, embezzlement,
swindling, fraud, theft, coining or uttering counterfeit coin, counterfeiting
seals, unlawful withdrawal of a deposit, trafficking in children, attempts
against good morals, or smuggling ; also persons suspected of being dangerous
to public order, to the political organisation of the State, or to the national
defence. The latter group are not even allowed to pass in transit over
Rumanian territory. (Act of 11 April 1925, section 36.)
RUSSIA.—The conditions of social organisation to be complied with
by groups of immigrant agricultural workers allowed to install themselves
within the territory of the Russian Socialist Federal Soviet Republic will
be found in § 1, (g), of the present chapter.
SALVADOR.—The Decree of 23 September 1926 prohibits the admission
of dishonest gamesters (tahúres), thieves, vagabonds, prostitutes, persons
who in a foreign country have been prosecuted for or convicted of piracy
or arson, assassination, theft, rape, or falsification of any kind; and of
persons who, on account of doctrines held or taught by them or in view
of their conduct or antecedents are regarded as dangerous to social
order or morality. Individuals belonging to illegal associations are also
excluded.
In order to enter the territory of Salvador, every person must submit
documents testifying to his satisfactory conduct (sections 1 and 3).
POLICE
REGULATIONS
43
S E R B - C R O A T - S L O V E N E KINGDOM.—According to the instructions issued by the Minister of Social Affairs for the application of the Alien
Workers Ordinance, dated 24 November 1925, work permits either of a
temporary nature or for an unlimited period may be issued by way of
exception to political refugees and alien deserters when enquiries concerning
them have given favourable results.
SIAM.—According to the Immigration Act of 11 July 2470 of the
Buddhist Era (corresponding to 1927), persons of unsatisfactory morals and
those regarded as a possible cause of disturbance or as being dangerous to
the security of the State are not admitted to Siamese territory (section V, (5)).
The Regulations dated 21 July of the same year lay down that such persons
may, upon their arrival, either be interned in a place considered suitable
pending their repatriation, or may be rejected immediately (section VII).
The Siamese Government Report on Traffic in Women and Children for
the year 4923-1924 states that ships transporting passengers coming from
China are boarded by police officials, who proceed to an enquiry into all
cases in which it is suspected that women or children have been enticed to
Siam for immoral purposes. Women and children desiring to return to
their homes are then sent back to Hongkong, where they are handed over
to the police. They are subsequently repatriated to their own homes
through the intermediary of the Hongkong Protector of Chinese, assisted
by a private society.
S O U T H AFRICA.—No person, whether British or alien, is permitted
to land who, from information received from any Government, whether
British or foreign, is deemed by the competent Minister to be undesirable.
In particular, all persons living on prostitution or convicted of a criminal
offence are refused admission or expelled after admission. (Immigrants
Regulation Act, 1913, section 4, (e), (f), as amended by Act No. 37 of 1927.)
SWEDEN.—Section 19 of the Act of 2 August 1927, relating to the
stay of aliens in the country, prohibits the admission of alien gipsies, beggars,
itinerant performers, animal showmen, or persons following a similar
occupation. Aliens having come to the country for the purpose of earning
their living are also excluded, if there is reason to suppose that they cannot
do so honestly.
Conditions of a moral character which may give rise to the expulsion of
aliens already in the country (cf. § 2 of Chapter X) also constitute sufficient
cause for their rejection upon arrival.
These provisions do not apply to aliens who, having previously been
Swedish subjects, have, owing to residence abroad or to some other cause,
lost their nationality. They do, however, apply to persons having obtained
some foreign nationality upon their own request (section 21).
TURKEY.—The following categories are not admitted : persons having
been convicted of homicide {political and military crimes excepted), anarchists, spies, and individuals who have been expelled from the territory of
any country. Gipsies who are subject to Turkish authority may enter the
country, but will be located in suitable places; those who are subjects of
another country are either rejected upon arrival or are escorted over the
frontiers. (Act No. 885 of 31 May 1926, section 2.)
U N I T E D STATES.—According to the Immigration Act, 1917, section 3,
the following classes are prohibited from entering the United States : persons
who have been convicted of, or admit having committed, a felony or other
crime or misdemeanour involving moral turpitude; polygamists, or persons
who believe in or advocate the practice of polygamy ; prostitutes or persons
coming into the United States for the purpose of prostitution or for any
other immoral purpose ; persons who directly or indirectly procure or attempt
44
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
to procure or import prostitutes ; persons who are supported by or receive
in whole or in part the proceeds of prostitution ; anarchists 1 ; persons who
advocate the overthrow by force or violence of the Government of the
United States or of all forms of law, who are opposed to organised government, or who advocate the assassination of public officials, or the unlawful
destruction of property.
It is, however, specifically laid down that the Act shall not exclude
persons, if otherwise admissible, who have committed an offence purely
political.
The White Slave Traffic Act of 1910 (section 2) provides that any person
who shall knowingly assist in the transportation of any woman or girl to
the United States for immoral purposes shall be liable to a fine not exceeding
5,000 dollars or to imprisonment for not more than five years, or both.
URUGUAY.—Persons engaged in itinerant occupations the exercise of
which might be harmful tò the population may be rejected or expelled if the
immigration authorities advise this course. The admission of gipsies is
prohibited.
Every immigrant arriving in Uruguay is required to produce a certificate
of satisfactory character issued or visaed gratis by the Uruguayan consular
agent at the port of embarkation. (Section 9 of the Immigration Act of
1890 and Decree of 18 February 1915.)
VENEZUELA.—Admission to Venezuela is prohibited in the case of
criminals, persons of known immorality, and persons having no honourable
calling; those who have been convicted for offences against common law
which are punishable under Venezuelan law, unless they have either completed their sentence or received a pardon; aliens whose presence may give
rise to disturbance of the public peace or of international relations ; persons
belonging to an association hostile to established order or who advocate
the destruction by violence of constituted Governments or the assassination
of national or foreign public officials.
An extract from the Criminal Record or a document regarded as equivalent
issued by the authorities of the country of origin or by the consul thereof,
together with a certificate of good behaviour, must be produced by every
immigrant.
Persons convicted of political crimes are admitted, but are usually required
to reside in some specially designated place; failing submission to this
restriction, they become liable to expulsion. (Acts of 26 June 1918, 1 July
1923, and 23 July 1925.)
A Decree dated 12 January 1925 declares that the aliens generally known
as gipsies, of whatever nationality or origin, are inadmissible to Venezuelan
territory.
1
The Act of 16 Oct. 1918, amended by the Act of 5 June 1920, gives particulars as to
the exclusion and expulsion of aliens who are members of anarchistic and similar bodies.
In addition to foreign anarchists, ail persons are excluded who are members of an organisation advocating opposition to all organised Governments, all who support doctrines
aiming at the overthrow by force or violence of the Government of the United States, or
of any other organised Government, or who advocate the assassination of any officer of the
United States or other organised Government, or the unlawful destruction of property,
or sabotage. Aliens who write, or eauso to be written, or distribute or print publications
of the above character, or who are members of organisations for the publication or printing
of such matter, are considered as anarchists. The donation or promise of money or other
articles of value for these purposes is considered adequate proof that a person supports
anarchist doctrines, or belongs to anarchist organisations.
CONDITIONS OF TRANSPORT
(c)
45
CONDITIONS O F TRANSPORT DURING T H E J O U R N E Y
TO THE COUNTRY OF IMMIGRATION
I t sometimes happens t h a t the conditions under which an
intending immigrant has m a d e t h e journey render him inadmissible. Thus, Canada accepts only those immigrants who have
travelled direct from their country of origin. Other countries
refuse t o accept persons who have travelled a t t h e expense of a
third p a r t y . I n t h e latter case, however, exceptions are usually
m a d e in favour of the members of an immigrant's family, sent
for a t his expense. The document certifying t h a t t h e ticket for
the journey has been paid for in advance is sometimes known as
a prepaid ticket. I n some countries a prepaid ticket m a y be
issued either by a relative or by a friend.
CANADA.—By the Immigration Act, 1910-1924, the Governor-inCouncil is empowered to prohibit by Proclamation or Order, whenever he
deems it expedient, the landing in Canada or a t any specified port of entry
in Canada of any immigrant who has come to Canada otherwise than by
a continuous journey from the country of which he is a native or naturalised
citizen, and upon a through ticket purchased in that country or prepaid in
Canada (section 38, (a)). Under the powers thus conferred, an Orderin-Council (P. C. 23) was passed on 7 January 1914 providing that aliens
must arrive in Canada by a continuous journey from their country of
origin.
The immigration is prohibited of persons to whom money has been given
or loaned by any charitable organisation for the purpose of enabling them
to qualify for landing in Canada, or whose passage to Canada has been paid
wholly or in part by any charitable organisation, or out of public moneys,
unless it is shown that the authority in writing of the Deputy Minister, or,
in the case of persons coming from Europe, the authority in writing of the
Assistant Superintendant of Immigration for Canada in London, has been
obtained for the landing in Canada of such persons, and that such authority
has been acted upon within a period of sixty days (section 3, (h)).
CUBA.—Admission to the country is prohibited to immigrants whose'
ticket for the journey has been paid for by some other person, society, or
company. This prohibition does not apply in cases where the immigrant's
ticket has been paid for by a member of his family in order to assist him to
come and settle on the territory of the Cuban Republic. (Order No. 155,
dated 15 May 1902, sections 1, 3, and 5.)
U N I T E D STATES.—Persons whose tickets or passage are paid for
with the money of others or who are assisted by others to come, unless it
is affirmatively and satisfactorily shown that such persons do not belong
to one of the excluded classes, and persons whose tickets or passage are
paid for by any corporation, association, society, municipality or foreign
Government, either directly or indirectly, are forbidden to enter the United
States. (Immigration Act, 1917, section 3.)
46
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS. RIGHT
(d) REGULATIONS RELATING TO R A C E , R E L I G I O N , OR NATIONALITY
The immigration of individuals of certain races or nationalities
is frequently prohibited. Measures of this nature usually relate
t o Asiatics, especially Chinese, who are excluded from many
American countries. Gipsies also are very often excluded; in
the latter case, however, the prohibition is rather a measure of
policy relating to nomads than one for the exclusion of a certain
ethnical group. I t has, therefore, already been dealt with
under (b) of the present section ("Police Regulations, including
those relating to Moral Character").
I n some instances exclusion is not absolute, b u t the admission
of individuals belonging to some particular race or nationality
is made subject to special regulation. Such immigrants are
required to deposit a stated sum of money or at least to prove
t h a t they possess a certain minimum capital. I n other instances,
admission is only allowed in the case of individuals engaged in
certain occupations indicating a sufficiently high social position,
e.g. members of the liberal professions, students, persons engaged
in commerce, etc. ; in others, again, only such coloured labour as
is required for certain definite tasks may be admitted.
I n the countries where racial exclusion is provided for, individuals who were in the country before the respective exclusion
laws were passed usually retain the right t o remain there, and
are sometimes allowed to leave the country temporarily and t o
return to it within a stated period in accordance with special
formalities. I n such cases the descendents of these persons
born in t h e country possess the nationality of t h a t country by
birth, together with all rights attaching thereto, while other
individuals of the same blood are not admissible as aliens.
I t should also be noted t h a t even in countries where coloured
races are admissible, persons belonging to them are not always
treated on a footing of equality with individuals of white race.
Coloured immigrants are sometimes subjected t o a stricter system
of supervision, or are not allowed to benefit by certain legal
advantages afforded to other immigrants. Thus, many of the
countries where colonisation tends to expand (e.g. Latin America,
Australia, etc.) reserve the facilities accorded for the acquisition
of land, etc., for European colonists, or for those of the white races.
REGULATIONS RELATING TO RACE, RELIGION, OR NATIONALITY 4 7
The exclusion of certain races or nationalities is sometimes
arrived at indirectly, e.g. restrictions upon the right to immigrate
are sometimes established in respect of individuals coming from
certain determined geographical regions (exclusion of Indians,
Indo-Chinese, Javanese, etc., from the United States), or in
respect of those who are not eligible to acquire citizenship rights
in conformity with the provisions governing naturalisation
(exclusion of Japanese from the United States). The dictation
test also subserves this end in Australia, where it is applied at
the direction of the immigration authorities.
Restrictions upon the admission of individuals belonging to
certain races have been made the subject of a number of agreements, under which States whose nationals were threatened
with exclusion by law have themselves undertaken to restrict
the emigration of their nationals to the territory of the other
contracting State, within certain limits laid down by the latter
(cf. Vol. III).
Traces of ethnical preoccupation are also found in provisions
relating to preferential treatment accorded to immigrants of
certain nationalities. Throughout the British Empire British
subjects enjoy special advantages for the purpose of establishing
themselves in some other part of the Empire than that in which
they were born. The organisation of migration is in general
less complete in colonial dominions subject to other States; it
may nevertheless be said that, as a rule, the inhabitants of the
mother-country enjoy preferential treatment for the purpose of
establishing themselves in the colonies. Regarding preferential
treatment of alien nationals, Canada supplies a fairly typical
example : this country divides European countries of emigration
into a series of categories (British Isles; preferred European
countries; non-preferred European countries; other countries);
the conditions of admission are more or less liberal according to
the category under which the immigrant comes. In the same
way, the immigration "quota system" applied by the United
States is entirely built up upon differential treatment of European
countries of emigration.
The world war gave rise to emergency measures relating to
the exclusion of certain nationalities; during the actual period
of the war various prohibitions were enforced against aliens who
were nationals of enemy States. These provisions were kept
48
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
in force by certain countries during the immediate post-war
period; they have now almost completely ceased to exist.
Some provisions also relate: to individuals having no nationality
(heimatlose or apatrides) ; certain States object to the establishment
within their territory of individuals who have no regular papers,
whose identity is uncertain and whose expulsion, should this
become necessary, would be rendered difficult owing to their
position. It should be mentioned that arrangements are now
being made to supply persons having no nationality with a document recognised by the contracting States, which will facilitate
internationally their movements from one country to another;
this is dealt with in Volume III.
Whilst exclusion for ethnical reasons has increased considerably
during the last few years, prohibition based solely upon religious
considerations is rare. A few instances, however, may be
noted, more especially those relating to the entry of religious
communities and the admission of priests for the purpose of
exercising their priesthood in the country. However, in some
countries, priests are included among the classes of persons to
whom restrictive immigration provisions do not apply.
AUSTRALIAN M A N D A T I » TERRITORY : N e w Guinea.—
According to Ordinance No. 35 of 1927, concerning the admission of German
nationals, persons of German nationality who, prior to 9 May 1921,'were
resident in the Territory are not allowed to re-enter it unless they liave
obtained in advance the written consent of the Minister. Any person
acting in contravention of this provision is liable to a fine or a term of
imprisonment and may also be expelled.
NEW ZEALAND MANDATED TERRITORY : Western Samoa.—
The regulations for Chinese immigration in Samoa are embodied in the
Samoa Immigration Order of 1924. I t is therein provided that any Chinaman introduced as a labourer, in accordance with any scheme approved by
the Minister of External Affairs for the importation of such labourers and
their service for a term of years, is thereby admissible. In addition,
accredited officers of the Chinese Government, Chinamen landing in Samoa
in pursuance of the authority of the Minister of External Affairs, or Chinese
who satisfy a controller of customs that they are residents of Samoa returning
after not more t h a n two years' absence, or that they were born in Samoa,
are allowed to enter without further stipulation. All other classes of
Chinese are forbidden to land unless they have obtained a permit issued
by a controller of customs. Such a permit is granted when : (1) the controller
is satisfied that the Chinaman is able to read and understand a printed
passage in the English language of not less than a hundred words selected
by the controller; and (2) the Chinaman pays a sum of £100 to the Samoan
Treasury.
The word "Chinaman" is interpreted to mean any person, whether male
or female, and whether a British subject or an alien, belonging to the Chinese
race, and includes a half-caste Chinaman and a person intermediate in blood
between a half-caste and a person of pure descent from the Chinese race,
REGULATIONS RELATING TO RACE, RELIGION, OR NATIONALITY
49
and also includes any native of China or its dependencies or of any island
in the China Seas other than a native of pure European descent (section 12,
(1), (2), (3), (4)).
The same Order provides that no person who was born, or whose father
was born, in any place which on 4 August 1914 was within the limits of the
German Empire in Europe or the monarchy of Austria-Hungary shall land
in Samoa without a licence from the Administrator (section 4, (1)).
I t is further provided that Part I of the Immigration Restriction Act,
1920, of New Zealand shall apply to Western Samoa as if that Territory
were part of New Zealand (see below, New Zealand).
AUSTRALIA.—The Immigration Act, 1901-1925, provides that any
person who, when asked to do so by an officer, fails to write out from
dictation and sign in the presence of the officer a passage of fifty words in
any prescribed language is prohibited from landing in Australia (section 3a).
This provision has the effect of restricting the immigration of Asiatics into
Australia.
Arrangements may be made with the Government of any country regulating the admission into Australia of the subjects and citizens of such
country, and such persons are not required to pass the dictation test
(section 4a). An agreement known as the "Gentleman's Agreement" was
concluded upon this matter between the Australian and Japanese Governments in 1904.
No regulations for the prescribing of languages have any force until
they have been sanctioned by both Houses of Parliament (section 3a).
Persons who fail to pass the dictation test may be allowed to enter the
Commonwealth provided that they deposit with the immigration officer a
sum of £100 and obtain within thirty days a certificate of exemption from
the Minister (section 6). Any immigrant may be required to pass a dictation
test at any time within two years after he has entered the Commonwealth
(section 5, (2)).
A quota system has been set up regarding the entry into the Commonwealth of Serb-Croat-Slovene, Greek, and Albanian subjects, whereby not
more than 100 of each nationality may land in Australia in any one month K
An arrangement has been arrived at with the Italian Government under
which passports are issued to Italian migrants proceeding to Australia only
if they possess at least £40 or have been nominated by residents in Australia
who undertake to support the migrants until they obtain employment.
Maltese immigrants who comply with the regulations are admitted on
condition that sailings are so controlled as to ensure that not more than
20 Maltese land from the 2same vessel or during the same month in any
port of the Commonwealth .
Under the Pacific Island Labourers Act, 1901-1906, no Pacific Island
labourer may enter Australia (section 3). The term "Pacific Island labourer" .
includes all natives not of European extraction of any island, except the
islands of New Zealand, situated in the Pacific Ocean beyond the Commonwealth (section 2).
The Minister for External Affairs or any officer authorised by him may
grant a certificate to any Pacific Island labourer exempting him from all
or any of the provisions of the Act. A certificate is issued to a Pacific
Island labourer who proves to the satisfaction of the Minister :
(1) That he was introduced into Australia prior to September 1879; or
(2) That he is of extreme age, or is suffering from such bodily infirmity
as to be unable to obtain a livelihood if returned to his native
island; or
1
Communication from t h e Director of Migration and Settlement, Australia House,
London, t o t h e International Labour Office, 25 March 1925.
2
MALTA : Report on Emigration and Unemployment,
192G, section 59.
4,
50
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
(3) That having been married before 9 October 1906 to a native of some
island other than his own, he cannot be deported without risk to
the life of himself or his family ; or
(4) That he was married before 9 October 1906 to a female, not a native
of the Pacific Islands; or
(5) That he was on 1 July 1906, and still is, registered as the beneficial
owner of a freehold in Queensland ; or
(6) That he was continuously resident in Australia for a period of not
less than twenty years prior to 31 December 1906. (Pacific Island
Labourers Amendment Act, 1906, sections 2, (1), and 2, (2).)
Moreover, the Act does not apply to persons employed as the crew of a
ship and persons possessed of certificates of exemption under the Immigration Act, 1901-1925 (cf. § 3 of the present chapter). Subject to these
exemptions, a Pacific Island labourer may be deported from Australia.
(The Pacific Island Labourers Act, 1901, section 8, (2).)
CANADA.—By the Immigration Act, 1910-1924, the Governor-Generalin-Council may prohibit or limit in number the landing in Canada of immigrants belonging to any nationality or race, by reason of any economic,
industrial or other condition temporarily existing in Canada, or because
they are deemed unsuitable, having regard to the climatic, industrial,
social, educational, labour or other conditions or requirements of Canada,
or because they are deemed undesirable owing to their peculiar customs,
habits, modes of life, and methods of holding property and because of
their probable inability to become readily assimilated or t o assume the duties
and responsibilities of Canadian citizenship within a reasonable time
after their entry (section 38, (c)).
I n virtue of this provision, an Order-in-Council (P. C. 182) dated 31 January
1923 states that the landing of any immigrant of any Asiatic race is prohibited, except that the immigration officer may admit an immigrant who is :
(1) A bona fide agriculturist entering Canada to farm and with sufficient
means to begin farming ;
(2) A bona fide farm labourer who has reasonable assurance of employment
as such ;
(3) A female domestic servant who has reasonable assurance of employment as such;
(4) The wife or child under eighteen years of age of any person legally
admitted to and resident in Canada who is in a position to receive
and care for his dependants.
All such immigrants except those coming within paragraph 4 must
possess 250 dollars as a condition of obtaining permission t o land. This
regulation does not apply to the national or any country in regard to which
there is in operation a special treaty, agreement or convention regulating
migration.
Chinese immigrants are covered by a special Act known as the Chinese
Immigration Act, 1923, which provides that the landing in or entry into
Canada of persons of Chinese origin or descent, irrespective of allegiance
or citizenship, is confined to the following classes :
(1) The members of the diplomatic corps, or other Government representatives, their suites and their servants, and consuls and consular
agents ;
(2) The children born in Canada of parents of Chinese race or descent,
who have left Canada for educational or other purposes, on
substantiating their identity to the satisfaction of the controller at
the port or place where; they seek to enter on their return ;
(3) (a) Merchants ; (b) Students coming to Canada for the purpose of
attendance, and while in actual attendance, at any Canadian
university or college authorised by statute or charter to confer
REGULATIONS RELATING TO RACE, RELIGION, OR NATIONALITY
51
degrees, who substantiate their status to the satisfaction of the
controller at the port of entry.
No person of Chinese origin or descent may enter or land in Canada
except a t a port of entry (section 6).
Every transport company carrying Chinese in transit through Canada
must give a bond for every Chinese person carried to cover the penalty for
failure to comply with the regulations of the Governor-in-Council in this
respect (P.C. 1273, section 2), or, in place of such bond, a deposit
of $1,000 for each person (P.C. 1273, section 4).- The transport company
carrying such persons of Chinese origin through Canada shall keep them in
in thè car in which they travel until their arrival at the port of exit, and
there they shall be detained in the building provided for that purpose until
they are taken on board the vessel in which they are going to depart (P.C.
1273, section 8).
The general regulations made by the Governor-General-in-Council on
31 January 1923 (P.C. 183) (see Chapter I I I , § 1, (g)), which permit the
immigration of female domestic servants, farm workers, and relatives of
persons residing in Canada, do not apply to immigrants belonging to any
Asiatic race. All the provisions of the Immigration Act not repugnant to
the Chinese Immigration Act, 1923, apply as well to persons of Chinese
origin (section 79 as amended by the Immigration Act of July 1924).
Japanese immigration is regulated by a "Gentlemen's Agreement"
(cf. Volume III).
Indian immigration is, in practice, restricted by the necessity for arriving
in Canada by continuous journey (cf. (c) of the present section).
On the other hand, more favourable conditions of admission are applied
to the Citizens or subjects of certain countries known as the "preferred"
countries. These countries are Belgium, France, Germany, the Netherlands, the Scandinavian countries, and Switzerland \ Citizens or subjects
of these countries are admissible to Canada, provided they are : (1) in good
physical and mental health; (2) literate; (3) of good character; (4) travel
t o Canada direct from their country of birth or citizenship; (5) are in
possession of a valid passport issued in and by their country of citizenship
(which must be presented within one year of the date of issue and must
provide for the holder to return to his own country at any time) ; and (6) are
proceeding to assured employment, not necessarily farming, or possess
sufficient funds to maintain themselves until they procure employment 2 .
COLOMBIA.—Colombian legislation, while it does not explicitly lay
down that persons belonging to certain specified races are inadmissible,
provides that exclusion may be enforced in certain cases foT ethnical reasons.
Act No. 114, of 30 December 1922, lays down in section 1 that, in order
to ensure the economic and intellectual development of the country, the
Government will encourage the immigration of individuals and families
1
Three distinct categories of European countries are recognised for the purpose of
admission of their nationals, the conditions for these being more or less liberal in the
following order : (a) "preferred countries", the list of which is given above; (b) "nonpreferred countries", comprising Austria, Czechoslovakia, Poland, Hungary, Serb-CroatSlovene Kingdom, Ruthenia, Lithuania, Estonia, Russia, and Danzig; (e) "other countries".
Apart from the fact that they receive no financial assistance, immigrants coming from
"preferred countries" are admitted upon the same conditions as British colonists except
that they are required to undergo civil examination at the port of embarkation. Immigrants from "non-preferred countries" must be agriculturists or domestic servants holding
an occupational certificate, and must undergo a civil as well as a medical examination.
Nationals of "other countries" must apply in advance to the Canadian Government for
an immigration permit; after examination of each individual case, a special landing permit
is issued to such immigrants as are approved.
2
Communication from the Canadian Director of European Emigration in London.
52
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
whose racial condition cannot necessitate the taking of precautions against
their settlement. Section 11 lays down that immigration agents shall not
authenticate the passports of persons who, for ethnical reasons, are the
object of precautionary measures on Colombia's part, as admission to her
territory is still prohibited to persons whose immigration might prove harmful
to the preservation and improvement of the race.
Act No. 74 of 30 November 1926, relating to the development of colonisation and immigration, contains provisions for the regulation of the subsidised immigration of Europeans sent for in accordance with contracts
concluded with public services of the country. This Act lays down t h a t
the prohibitions contained in the Acts previously cited do not apply to
individuals, of whatever race, who are subjects or citizens of a country
having concluded with Colombia a Settlement Treaty permitting them to
enter the country and to reside in it for the purpose of following an honest
trade or undertaking paid manual work (section 46).
C O S T A RICA.—The Act of 22 May 1897 forbids absolutely the immigration of individuals of Chinese nationality; it excepts, however, Chinese
already established in the country, who are free to leave it and to return as
they please. This prohibition was renewed by the Act of 15 January 1912.
In order to return to Costa Rica, Chinese who were already established in
the country prior to the date when Chinese immigration was prohibited,
and who may leave it temporarily, must obtain a passport duly visaed by
the Director of Customs and the Governor either of the port of Limón or of
Puntarenas, the only two authorised ports of exit for such persons. The
passport must bear a photograph of the Chinese holder countersigned by
the competent official, as well as the holder's finger-prints. The passport
is burned upon the holder's return in the presence of the three officials who
drew it up, and a note of this proceeding is made by these officials in the
special register kept for the purpose of controlling the entry and exit of
Chinese persons. (Decree dated 11 December 1924, sections 14 to 17.)
The Act of 22 May 1897 also empowers the executive authority to prevent
the immigration of persons of other races who, in the opinion of that authority, might be harmful t o the progress or well-being of the country. These
powers were made use of to prohibit the immigration of Arabs, Turks,
Syrians, and Armenians by the Decree of 16 June 1904. However, a supplementary Act of 21 July 1906 authorised individuals belonging to these
races who were already established in the country prior to the date of the
prohibition to remain in it, and also recognised their right to leave and
re-enter it. The same Act empowered the Government, if it sees fit, to
grant special entry permits to the father, mother, husband or wife, or
descendants of persons already established, provided that satisfactory
proof of the relationship is forthcoming. More recently, the provisions of
the aforesaid Act were rendered less strict by the Act of 29 June 1910, which
permits the entry of .persons of Arab, Turkish, Syrian, or Armenian race
provided : (a) that they are of good behaviour and can give satisfactory
proof thereof to the police secretariat; and (b) that at the time of their
entry they are in possession of a sum of money equivalent to 1,000 colons 1;
their wives and children under eighteen years of age are admitted with
them.
A Decree dated 26 October 192£> prohibits the landing in Costa Rica of
coolies coining from India, the term "coolies" being defined as meaning
"Indian workers engaged under contract". Well-conducted Indians who
are physically able to work and are admissible from other points of view are
allowed to enter Costa Rica with their wives and children under eighteen
years of age, on condition that they are in possession of a sum of money
1
One colon = 1 about.05a.
REGULATIONS RELATING TO RACE, RELIGION, OR NATIONALITY
53
amounting to not less than 1,000 colons and that the authorities grant
them a permit after having examined the position.
The establishment of religious communities on Costa Rican territory is
absolutely prohibited (Acts of 22 July 1884 and of 5 June 1894). However,
Sisters of Charity are allowed to enter freely, without any restriction on
their number, provided that they come for the purpose of devoting themselves to the establishment of philanthropic institutions (idem, section 4).
CUBA.—Decree No. 570, of 27 April 1926, fixes conditions for the
admission of Chinese nationals to the Cuban Republic and for their residence
there, concerning which difficulties of interpretation had arisen over the
Decree of 11 November 1915. In accordance with Military Order No. 155,dated 15 May 1902, the 1926 Decree confirmed the prohibition of the entry
of all Chinese subjects and all individuals of Chinese origin not coming under
the following exceptions :
(a) Diplomatic and consular officials of the Chinese or any other Government, who are travelling on the business of their Government;
(b) Secretaries and household servants of the afore-mentioned officials;
(c) Chinese merchants returning to Cuba in order to carry on the business
which they have established there; these persons are required to
prove to the satisfaction of the Immigration Commission their
rank or station, the existence of their business, its nature, and its
value ;
(d) Chinese commercial travellers or merchants who come for the purpose
of their business; in such case, they are called upon to state the
reasons for which the voyage is undertaken, giving details of the
nature and value of their business and the firm's registration
number; the Immigration Commission is competent to permit
them to enter, and to fix the period for which they are allowed to
stay. It has also to fix the amount of the security which they
are called upon to deposit, and which may not exceed 1,000 pesos 1
in metallic currency ;
(e) Chinese theatrical artists may enter Cuba temporarily upon proving
the existence of a contract drafted in Spanish, English, or French,
duly authenticated before a Cuban consul, if they deposit security
amounting to 1,000 pesos in metallic currency and fulfil the various
conditions established for the admission of theatrical artistes ;
(J) Chinese merchants and commercial travellers who were already in
Cuba at the date of the first Exclusion Act (14 April 1899) and have
retained their domicile in the country.
Chinese belonging to categories (c) and (f) are entitled to leave the country
and to return freely to Cuba if they hold a certificate proving their rank or
station; but their absence must not exceed eighteen months. Chinese
established in Cuba with a regular permit, the date of which is subsequent
to 15 May 1902, lose all right to reside in the country if they absent themselves. By the Decree of 2 April 1927, an exception is established in favour
of agricultural or industrial workers arriving under the system provided for
by the Act of 3 August 1917 2, who, after the expiration of their contract
and prior to the promulgation of Decree No. 570, have established themselves as merchants ; and any other Chinese who having come in conformity
with section VIII of Order No. 155 of 1902 had established themselves as
merchants prior to the promulgation of the aforesaid Decree.
Chinese admitted temporarily by way of exception upon condition that
1
One Cuban peso = approximately 4s. 2d.
This Act, which was repealed in 1922, provisionally authorised the immigration of
workers without distinction of race, especially agricultural labourers recruited for the
needs of Cuban undertakings.
2
54
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
they should not undertake any manual work and that their stay should
not exceed six months on Cuban territory, and who have failed to comply
with their obligation, having either worked or exceeded the permitted period,
are re-embarked, and the price of the journey subtracted from the amount
deposited by them as security, the balance being retained as a fine.
Individuals of Chinese race found upon the territory after having entered
the country illegally are obliged to appear before a "correctional court" ;
and, if they are then unable to prove their right to enter and remain in
Cuba, they are compulsorily re-embarked for their country of origin at the
expense of the Government. If :it is found t h a t another person has sent
for them or has assisted them to enter Cuba, such person is declared
responsible and must meet the expenses occasioned by the enquiry or
re-embarkation.
' Chinese arriving on Cuban territory who are in possession of the certificate issued by the Immigration Department, and who nevertheless cannot
be permitted t o land owing to failure on their p a r t t o fulfil other conditions
for admission laid down by law, are re-embarked for their country of origin,
their voyage being paid for out of the amount which they have deposited
as security, or a t the expense of the ship by which they travelled.
The names of Chinese belonging to categories which may be admitted by
way of exception or temporarily are entered in a special register, with details
of the conditions under which they were allowed to enter for the period of
their stay. A certified copy of the entry, bearing the photograph of the
person concerned, is handed to every such person and must be produced
upon request. (Decree No. 570, dated 27 April 1926.)
ECUADOR.-—By Decree dated 14 September 1889, the entry of Chinese
was prohibited, but those who were already established in the country were
allowed to remain, the Government reserving the right of expulsion. The
Act of 18 October 1921 confirms these provisions in section 29.
The Constitution of 1897, Article 37 of which establishes the right of aliens
to be admitted, nevertheless excludes religious communities from this
right. Ecclesiastics not having been born in Ecuador may not exercise
their priesthood in the country and are not allowed to administer monastic
property.
FRANCE : Colonies.—In the various colonies and protectorates forming
French Indo-China special provisions exist concerning the settlement of
Asiatic aliens or Chinese. These persons have to be grouped according to
origin, dialect, and religion in immigrants' groups (each of which is
responsible for its members) known as congregations. For information
regarding the organisation of these congregations, cf. Chapter X I , § 5
("Registration of Immigrants").
Every such person must, upon landing, join one of these congregations,
failing which he is expelled. The congregations are free to accept or to
refuse new members who may apply for admission. For the purpose of
these provisions, Asiatic aliens or persons assimilated to them are defined
as follows :
(a) Subjects of powers in whose territory France exercises a right of
extra-territoriality by virtue of existing treaties ;
(b) Subjects or dependants of foreign Powers to whom the legislation of
their own country does not recognise full civil and national rights.
I n Cochin-China there is a special system to regulate the immigration of
alien natives who arrive in the Colony with a regular contract of employment,
executed in the presence of a competent authority, with a European colonist
approved by the authorities ; persons engaging such natives are required
to fulfil in regard to them all the obligations and responsibilities usually
imposed upon the chiefs of the respective congregations. They must take
charge of their Chinese workers when they land.
REGULATIONS RELATING TO RACE, RELIGION, OR NATIONALITY
55
Asiatic aliens coming for a short stay only are exempted from certain
formalities (cf. Volume I, Chapter XIII).
(Annam.—Order of 28 April 1926 relating to permanent or temporary
residence of Chinese. Cambodia : Order of 15 November 1919, as amended
by the Order of 30 March 1925, relating to Asiatic aliens. Cochin-China :
Order of 25 January 1890 and Order of 16 October 1906 relating to Asiatic
immigration to Cochin-China. Tonquin : Order of 12 December 1913, as
amended by the Orders of 19 August 1920 and 11 November 1924, relating
to Chinese immigration to Tonquin.)
In the old colonies of Guadeloupe, Guiana, and Reunion, as also in the
French Establishments in Oceania and in Madagascar, the immigration system
applied to coloured races differs from that applied to Europeans ; persons
belonging to coloured races and recruited collectively are required to live
under a contract of service, at least during a certain number of years. In
New Caledonia native immigrants are subjected to very strict police regulations ; and, on the other hand, special protection is afforded them. The
immigration system for natives under contract is considered in § 2 and § 3
of Chapter VI, and the special provisions relating to their stay in Chapter X L
For Madagascar, a Decree dated 17 August 1923 establishes in addition
the system of registration in congregations of immigrants belonging to
Asiatic or African races. When such persons arrive singly they are required
when landing, to make application for membership of the congregation
already established in the province where they wish to settle. The congregation is at liberty to refuse admission to any new applicant for whom it
does not wish to accept responsibility; in such case the immigrant is placed
under police supervision (section 1).
Further, Asiatic and African immigrants are required to pay a supplementary tax, i.e. in addition to the ordinary occupational tax (sections 2
and 4).
G R E A T B R I T A I N : Colonies.—In Nyasaland and Northern and
Southern Rhodesia the immigration is prohibited of any person who is deemed
by the Governor on account of standard or habits of life to be undesirable.
Nyasaland : Immigration Ordinance, No. 17 of 1922, section 4. Northern
Rhodesia : Immigrants Regulation Proclamation, No. 15 of 1915, section 2,
(1). Southern Rhodesia : Immigrants Regulation Act, No. 7 of 1914,
section 2, (1.)
In these same colonies also the immigration is prohibited of any person
who is unable by reason of deficient education to read and write any
European language to the satisfaction of an immigration officer; and this
provision has the effect of restricting the immigration of Asiatics.
The colony of Jamaica has a dictation test similar to that of Australia.
Persons who fail to pass the test may, however, be admitted if they deposit
a certain sum with the immigration officer and obtain a certificate from the
Governor. (Immigration Restriction Law, No. 36 of 1919, sections 4, (a),
and 5.)
By the Non-Asiatic Immigration Ordinance, No. 4 of 1890, section 2S
the Governor-in-Council of British Guiana is empowered to authorise the
introduction of persons from outside Asia for the performance of agricultural and other services.
GUATEMALA.—By Decree No. 875 of 15 September 1924 Guatemalan
consuls are forbidden to affix a visa to the passport of a Chinese person, or
in general of any individual belonging to a Mongolian race, with the exception
of those who have obtained from the Minister of Foreign Affairs in Guatemala
a passport bearing the authorisation to return to Guatemala. Except.
those having previously acquired a right to reside in the country, all other
persons of the races referred to above are declared by the Immigration Acts
to be undesirable immigrants (section 11).
Regarding persons of negro race, their admission to Guatemala (and, in
56
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
consequence, the visa for their passports) is made subject to the deposit
of 200 gold pesos as security with the consul who issues the visa. The
receipt given for such deposit must be produced by the interested party
upon arrival in the country, failing which he will be rejected. The right
to claim reimbursement of the sum deposited expires if the interested party
remains in Guatemala for more than six months (sections 13 to 16).
HUNGARY.—By various Ordinances, Nos. 8352 of 1920, 684 of 1921,
11190 of 1926, and more recently, No. 21404 of 7 January 1927—ex-nationals of the Kingdom of Hungary domiciled in former Hungarian provinces
are forbidden to come and settle on Hungarian territory as it exists at
present. However, permits to reside in the country may be issued in
exceptional cases to persons belonging to the category in question. Such
a permit may be recalled at any time.
INDIA.—The entry and residence of British subjects from parts of the
British Empire other t h a n Great Britain are regulated differently from that
of British subjects from Great Britain. By virtue of Act No. I l l of 1924,
the Governor-General-in-Counci] is empowered to issue, in respect of persons
domiciled in any British possession, the necessary regulations so t h a t such
persons shall not enjoy, for the purpose of entering and settling in British
India, rights and privileges superior to those accorded by the laws and
regulations of the said possession to individuals domiciled in India (section 3).
I n cases where persons are suspected of being domiciled in the aforesaid
British possessions and thus of coming under the restrictive provisions, the
onus lies upon such persons to produce proof of the justice of their claim
(section 5).
J A P A N : Formosa.—Ordinance No. 68 of 24 September 1904, as
amended by Ordinances No. 25 of 1915 and No. 198 of 1920, deals with the
supervision of Chinese workers. The regulations issued for this purpose
have been analysed in several chapters (in Chapter III, § 1, (b) and (i) ;
Chapter VII; Chapter VIII, § 6; Chapter X , § 1 and § 2; Chapter X I , § 4).
Chinese workers may land on the Island and engage in manual work
under the conditions fixed by the Ordinance (section 1). Chinese workers
are described in section 2 as those who engage in agriculture, fishing,
mining, in mechanical industry, in the building trade, in manufactures, in
transport, carting, as dockers, or in other manual work.
LATVIA.—Security may be required to be deposited by persons without
nationality (Heimatlose) entering the country ; the Minister of the Interior
is competent to exempt them if he sees fit. (Act of 7 March 1927, section 4.)
MEXICO.—By virtue of the powers conferred upon him under section 65
of the Migration Act, the Minister of the Interior has suspended, as from
September 1927 up to the end of 1929, the admission of "immigrant workers"
(for a definition of this term, see Chapter I I , § 1) of Syrian, Lebanon,
Armenian, Palestinian, Arab, or Turkish origin. Nevertheless, a person
of such origin whose husband or wife, father or mother, ascendant, or child
has previously immigrated to Mexico in a regular manner is exempted from
the application of this provision, provided that such relative is leading an
honourable life in Mexico and possesses certain resources; persons who are
in possession of a capital of not less than 10,000 pesos * upon their arrival
are also exempted. Mexican consuls in foreign countries may not affix a
visa or issue an identity card during this period to applicants who come
under the temporary prohibition. (Order of 8 July 1927.)
1
One Mexican peso = approximately 2s. Id.
REGULATIONS RELATING TO RACE, RELIGION, OR NATIONALITY
57
The admission of Chinese workers was limited by an agreement to regulate
their immigration, concluded between the Mexican and Chinese Governments in 1921 (cf. Vol. III).
NETHERLANDS : Colonies.—Dutch Indies. According to section 20
of Order No. 32, dated 15 October 1915, its emergency provisions and
final provisions, Ordinance No. 1, S. 694, dated 29 November 1917, and
later amendments to these texts, "Oriental" aliens (oostersche; for a definition of this term, cf. § 1 of Chapter II) when recruited under contract to
work for the account of the Government or for that of undertakings indicated
by the Governor—as a rule, large industrial, commercial, or agricultural
undertakings, public works or transport—have to comply with admission
and residence regulations which differ from those applying to persons of
other races. Oriental aliens so recruited are placed upon the same footing
as natives of the Colony; and in such case the Governor-General's Ordinances
regulating the work of coolies become applicable to them. They are not
required to pay the landing fee, and are recruited in accordance with the
provisions governing native workers; these provisions vary slightly from
one district to another. In order that a general idea of the system may be
gained, the present study contains an analysis (cf. more particularly
Chapter VI, § 2 : "Recruiting") of the Coolie Ordinances of the West Sumatra
Coast, which have a very wide field of application and may thus serve as
an example. In eases where Oriental aliens enter as free immigrants, they
come under the general system applicable to aliens (Order No. 32 of
15 October 1915 and a later Ordinance). They are required to pay a landing
fee and to register themselves in accordance with the procedure laid down
in t h a t Order.
Alien coolies entering the Dutch Indies under a native labour contract
who, upon the expiration of their engagement, desire to remain in the
Colony, may, if they have lived there under contract for three years, obtain
a residence permit upon the same conditions as ordinary aliens and Dutch
nationals from the mother-country, who come under Admission Order
No. 32, dated 15 October 1915. Alien coolies who have worked on the
tobacco plantations may, if the local authorities so decide, be given a
residence card at the end of one season. (Ordinance of 29 November 1917.
LS. 694.)
NEWFOUNDLAND.—Chapter 79 of the Consolidated Statutes of
Newfoundland, 1916, entitled "Of the Immigration of Chinese Persons",
stipulates that every person of Chinese origin entering the Colony must pay
a tax of $300 except the following classes :
(a) Members of the diplomatic corps or other Government representatives,
their suites and servants, and consuls and their families ;
fb) Clergymen and their families, tourists, men of science and students,
merchants and their families.
In the case of a person of Chinese origin who is the personal attendant or
servant of a British subject, the tax payable may be refunded to the person
paying it on his furnishing satisfactory evidence that the Chinese attendant
or servant is leaving the port of entry with his employer or master on his
return to China. A woman of Chinese origin is, for the purpose of this
Chapter, considered to be of the same nationality as her husband (section 1).
The master of any vessel bringing Chinese immigrants to the Colony is
personally liable for the payment of the head t a x (section 8). He may not
land any person of Chinese origin, or permit any to land, until a permit to
do so, stating that the provisions of the Act have been complied with, has
been granted to the master of the vessel by the proper officer (section 3).
The sub-collector or other proper officer shall deliver to each Chinese
immigrant for whom the tax has been paid, and who has been permitted to
land, a certificate containing a description of such individual, the date of
58
THE RIGHT TO. IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
his arrival, the name of the port of his landing, and an acknowledgment
that the duty has been duly paid. Such certificate shall be evidence that
the immigrant has complied with the requirements of the Act (section Q).
Moreover, by the same Chapter the Governor-in-Council is empowered
to make such regulations as are necessary to prohibit the entry of any
greater number of persons from any foreign country than the laws of the
country permit to emigrate to the Colony (section 18).
By section 12 of the Immigration Act, 1926, the Governor-in-Council is
empowered to prohibit by Proclamation, for a stated period or permanently,
the landing in the Colony of immigrants belonging to any race deemed
unsuited to the climate or requirements of the Colony.
N E W ZEALAND.—As stated below in § 2, no person, other t h a n a person
of British birth and parentage, is allowed to enter New Zealand unless he
has applied for and obtained from the Minister of Customs a special permit
prior to arrival in the country.
. .
Application for a permit must be made in the prescribed form and sent
to the Minister of Customs. On this form the applicant must give particulars
concerning his birth and parentage, his reasons for undertaking the journey,
his family, means of existence, etc. A person is not considered to be of
British birth and parentage by reason that he or his parents are naturalised
British subjects, or by reason that he is an aboriginal native or the descendant
of a n aboriginal native of any dominion other t h a n the Dominion of New
Zealand or of any colony or other possession or of any protectorate of Great
Britain. The usual exceptions in favour of members of a diplomatic corps,
soldiers and seamen are, however, provided for. Moreover, tourists and
business men staying in New Zeals.nd for a period not to exceed six months
may be exempted from obtaining a permit in advance ; and the GovernorGeneral has very wide powers which enable him, by the issue of a simple
Order-in-Council, to make exceptions in this respect in favour of immigrants
of any particular nationality. (Immigration Restriction Amendment Act,
1920, P a r t I, and Immigration Restriction Act, 1908, section 13.)
However, with the exception of British subjects, members of the diplomatic
corps and alien soldiers or seamen, any immigrant entering New Zealand,
Whatever may be the period of his stay or the object of his visit, and even
if he has acquired domicile in the country, must before landing take the
oath of obedience to the laws of New Zealand, and must swear that he will
not take part in any act contrary to such laws or of disloyalty to the King.
(Immigration Restriction Amendment Act, 1920, Part I I , and Immigration
Restriction Act, 1908, section 13.)
As regards the subjects of ex-enemy countries (Austria-Hungary an4
Germany) and aliens born in any place which on 4 August 1914 was within
the limits of the German Empire in Europe or within the limits of the
Austro-Hungarian Monarchy (with the exception of those who, having
their domicile in New Zealand, have not been absent from the country for
a longer period than two years), the Act of 1919 relating to undesirable
immigrants lays down that they may not be allowed to land in New Zealand
until they have obtained the permission of the Attorney-General. (Undesirable Immigrants Exclusion Act, 1919, section 4.)
Regarding Chinese immigrants, the Act of 1908 lays down that no vessel
shall bring to any New Zealand port a number of Chinese passengers
exceeding a proportion of one such person for every 200 tons of her tonnage.
Further, the master of any vessel bringing Chinese passengers to a New
Zealand port muât hand to a customs officer a detailed list of such Chinese
persons, containing their names, place of birth, apparent age, and place of
last residence ; and must make a payment to such official of £100 in respect
of every such Chinese person. Fulfilment of this requirement must be
attested by a certificate in due form issued by the customs officer in question.
Exceptions are provided for in the cases of persons holding official positions,
seamen, etc., and facilities for re-entering the country are granted to Chinese
BEGULATIONS RELATING TO RACE, RELIGION, OR NATIONALITY
59
settled in New Zealand prior to 30 March 1882, and who desire to absent
themselves temporarily from the country. (Immigration Restriction Act,
1908, Part III.)
PANAMA.—According to Act No. 13 of 23 October 1926 (sections 1, 2,
3, 15, and 16) and the Act of 31 January 1927, admission to the territory of
Panama is prohibited in the case of Chinese, Japanese, Syrians, Turks,
Indians (from the East Indies, of the Indian race, and of Dravidian race),
and negroes from the West Indies and Guiana territories whose maternal
tongue is other than Spanish. The above-mentioned aliens are not admitted
as immigrants even if they were born or have"" been naturalised in a country
other than their country of origin; but an exception is made in favour of
individuals who are nationals of one of the countries members of the PanAmerican Union.
Nationals of countries which refuse admission to Panama nationals are
also refused admission, for the same reasons giving rise to the exclusion of
Panama nationals by such countries.
Nevertheless, the Executive Authority may permit the immigration of
aliens natives of the West Indies, if the person requesting such alien's
admission can prove :
(a) That sufficient workers of the class required to accomplish the work
for which the alien's services are being sought do not exist in
Panama ;
(b) That such work is either of public utility or is of an agricultural
nature ;
(c) That the wages offered to the immigrants are not lower in amount
than those for the time being in force for national workers, and
for alien workers coming from other countries.
The immigrants admitted under these conditions, or some other person
acting on their behalf, must guarantee to the satisfaction of the Executive
Authority that in case of need they undertake to pay hospital and maintenance charges which may accrue in respect of such immigrants during
their stay upon the national territory, and that the person interested in
their immigration or the person employing them will return them t o their
country of origin upon completion of their service. The said immigrants
must produce annually to the chief of police (alcalde) of the district in which
they reside their residence card (cédula de vecindad) for the necessary visa
and to be furnished with a stamp value one balboa.
Persons coming under the excluded categories may nevertheless be allowed
to enter the territory in transit for some other country under certain conditions (cf. Volume I, Chapter XIII).
Exceptions are also allowed in favour of aliens employed on the Panama
Canal; the provisions of Treaties relating to the Panama Canal are applicable
to them whatever may be their race or nationality.
Aliens belonging to the excluded races who were established in the country
at the time when the preceding provisions came into operation were required
to prove their nationality by means of official papers during the year following
the promulgation of the Act, in order to receive the special residence card
(cédula de vecindad) ; failing such declaration they are liable to a fine or
imprisonment. Further, they must produce their card annually to the
Governor of the Province in which they reside, for his visa. Persons who
inform against refractory immigrants of this class are entitled to receive
one-half of the fine or fines imposed as the result of such denunciation.
An individual so established prior to the passing of the Exclusion Act
cannot obtain a passport which will enable him t o leave the country temporarily and afterwards return to it, unless : (a) prior to the coming into force
of Act No. 13 of 1926 he married a Panama woman; or (b) he possesses in
the country real estate inscribed in his own name in the Land Register;
or (c) he offers irrefragable proof that he has resided in the country for at
60
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
least ten years, that he follows a trade or is employed there, and that during
the whole of his stay he has been of good behaviour. He is then supplied
with a passport which must bear his finger-prints for indentification purposes.
Aliens belonging to this category, if they either smoke opium or trade
secretly in the drug, or if they have been condemned to corporal punishment
for infraction of the laws and decrees prohibiting games of chance or offences
against common law, or if they have three times been fined for failure to
present their card regularly for inspection, are expelled from the territory.
If they fail to obey an expulsion order immediately, they are condemned
to hard labour for six months, and are then expelled. (Administrative
Code, section 1851.)
PARAGUAY.—Section 14 of the Act of 30 September 1903 prohibited
the admission to Paraguay of persons of yellow or black race, and gipsies.
Act No. 691 of 31 October 1924, which amends this section, does not, however,
confirm the aforementioned exclusion.
PERU.—A Decree dated 14 May 1909 suspended the immigration of
Chinese. This Decree resulted in difficulties between China and Peru, and
a protocol was signed on this matter between the two countries on 28 August
1909 (cf. Volume III).
S O U T H AFRICA.—The Immigrants Regulation Act, 1913, applies
equally to all races, classes and religions, but by section 4, (1), (a), the
Minister of the Interior is empowered to certify as prohibited immigrants
persons, or classes of persons, whose presence for economic or other reasons
is considered undesirable.
Under a certificate of the Minister, issued in virtue of the above section,
Asiatics, with the exception of wives and children of domiciled relatives,
are prohibited from entering the Union. The movement
of Asiatics is also
restricted to the province in which they are resident 1 .
TURKEY.—According to Act No. 885, dated 31 May 1926, the admission
of individuals not of "Turkish race" coming from abroad for the purpose
of settling in Turkey is prohibited.
Exceptions to this provision are made in favour of persons coming in
accordance with the terms of a special convention (sections 2 and 5).
U N I T E D STATES.—Section 13 of the Act of 1924 provides that no
alien ineligible for citizenship may be admitted to the United States unless
he (1) is returning from a temporary visit abroad, (2) is a minister, professor,
or student, or (3) is a non-immigrant (cf. Chapter I I , § 1). The wives and
children of ministers and professors may also be admitted. Eligibility to
citizenship is confined to free white persons and aliens of African nativity
and persons of African descent. (Naturalisation Law, United States Revised
Statutes, section 2169, as amended in 1875.)
Moreover, the Act of 1917, section 3, excludes all persons coming from the
Asiatic barred zone 2, except Government officials, clergymen, missionaries,
lawyers, apothecaries, civil engineers, teachers, students, authors, artists,
merchants, or tourists, and the wives or minor children of the aforesaid.
1
Official Year Book of the Union of South Africa, 1925, No. 8.
That is to say, every native of islands adjacent to the Continent of Asia, which are not
possessions of the United States and which are not located south of the 20th parallel N. lat.,
west of the 160th meridian of long, east of Greenwich, or N. of the 10th parallel of S. lat. ;
or again, any native of any country, province or dependence on the Asiatic Continent
west of the 110th meridian of long, east of Greenwich and S. of the 50th parallel of N. lat
with the exception of that territory included within the 50th and 64th meridians of long..
east of Greenwich and the 2éth and 38th parallels of N. lat.
2
LITERACY TESTS
61
If, however, the above-mentioned persons should give up the profession or
position in the United States by reason of which they were granted permission
to enter, they become liable to deportation.
The question of Chinese immigration is also dealt with by the Act of
13 September 1888, extended by an Act of 29 April 1902, by which the immigration of Chinese labourers, whether skilled or unskilled, is prohibited.
Teachers, officials, students, merchants and travellers are permitted to
enter (section 1). No Chinese labourer who has resided in the United
States and has left that country has the right to return unless :
(1) He has a lawful wife, child or parent in the United States;
(2) He has property of the value of $1,000 in the United States; or
(3) He has debts pending settlement in the United States of not less
than $1,000.
The Act of 29 April 1902 extended the provisions for the exclusion of
Chinese to the island territories under the jurisdiction of the United States,
and prohibited the immigration of Chinese labourers from such island
territories to continental United States.
Philippine Islands.—The immigration of Chinese into the Philippine
Islands was restricted by the Acts of 13 December 1901 and 27 March 1903
and by the United States Act of 29 April 1902, which extended the Chinese
Exclusion Acts to the Philippines. All Chinese labourers resident in the
Philippines are thereby bound t o obtain a certificate of registration, and
any found without such certificate are liable to deportation.
URUGUAY.—The Decree of 1915 prohibits the admission of Asiatic
or African persons when the immigration authorities consider this measure
desirable.
VENEZUELA.—The Immigration Act of 26 August 1894 prohibits the
immigration under contract or the spontaneous immigration of individuals
who are natives of the West Indies.
The Immigration Act of 26 J u n e 1918 lays down in section 9 t h a t only
persons of European race are to be accepted as immigrants. However, an
exception is made in favour of persons of yellow race who are natives of
islands situated in the Northern Hemisphere.
(e)
LITERACY T E S T S
The exclusion of illiterate persons was first introduced b y
Anglo-Saxon countries. Legal measures of this n a t u r e have, of
recent years, been adopted b y other countries; b u t exceptions
are frequently m a d e in favour of t h e near relatives of an admitted
immigrant, when such relatives either accompany him or come
t o join him.
I t m a y be mentioned t h a t , as the immigration officials are
often t h e sole judges of t h e result of reading or dictation tests,
all possible latitude is allowed t h e m to make t h e admission of
immigrants, either individually or in groups, more or less difficult
as they m a y see fit. Dictation tests are so made use of in
62
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
Australia to exclude undesirable immigrants, particularly persons
of coloured race.
In the Belgian Congo, on the contrary, a minimum degree of
education is called for only in the case of Europeans, coloured
labour being exempt.
SOUTH AFRICAN MANDATED TERRITORY : South-West
Africa.—The immigration is prohibited of any person who is unable, by
reason of deficient education, to read and write any European language to
the satisfaction of an immigration officer, or, in the case of an appeal / t o
the satisfaction of the Immigration Board. Yiddish is regarded as a
European language. (Immigrants Regulation Proclamation, 1924,
section 1 (lb).)
AUSTRALIA.—Any person who fails to pass a dictation test, t h a t is
to say, who fails to write out not less than fifty words òf a language prescribed
by regulation when dictated to him by an officer administering the Act, is
prohibited from entering the Commonwealth of Australia. He may,
however, be allowed to enter the Commonwealth on the following conditions :
(a) That on entering the Commonwealth or on failing to pass the dictation
test, he deposit with the officer the sum of £100;
(b) That within thirty days after depositing such sum he obtain from the
Minister a certificate of exemption as prescribed, or depart from
the Commonwealth, and thereupon the deposit shall be returned.
Any immigrant may be required to pass a dictation test at any time
within two years after he has entered the Commonwealth. (The Immigration Act, 1901-1925, sections 3o, 5, (2), and 6.)
P a p u a . — A dictation test similar to that of Australia has been introduced.
Persons failing to pass such test may, however, be admitted to the territory
if they deposit a certain sum with the immigration officer and obtain a
certificate of exemption from the Lieutenant-Governor. The LieutenantGovernor may also, upon the request of a property-owner or planter, grant
a certificate of exemption in respect of any skilled worker whom the said
property-owner or planter may desire to bring into the territory to act as
foreman or supervisor. (Immigration Restriction Ordinance, No. 2 of 1908,
sections 2 and 3.)
B E L G I U M : Congo.—The Decree of 8 October 1922 lays down t h a t
any person whp, owing t o lack of education, is unable t o read and write a
European language
to the satisfaction of the immigration authorities shall
be regarded ! as undesirable and accordingly inadmissible to the territory
(section 2, (?)); Nevertheless, natives of the neighbouring States admitted
in pursuance of agreements come to with the Governments of such States
are expressly excepted. Further, seven categories of persons are indicated
who are not to be regarded as undesirables in accordance with the Decree
cited—that is to say, they are exempted from the whole of the conditions
for admission imposed by the said Decree (cf. § 3 of the present chapter).
CANADA .—According to the Immigration Act of 1910-1924 (section 3,
(t)), persons over fifteen years of age, physically capable of reading,
who cannot read the English or the French, language, or some other
language or dialect,
are prohibited from entering or landing in Canada.
The test does1' not apply to. thé father or grandfather, over fifty-five yeaTs
of age, wife, mother,, grandmother, or unmarried or widowed daughter, if
otherwise admissible, of any admissible person or any person legally admitted^
LITERACY TESTS
63
or of any citizen of Canada ; persons who have Canadian domicile ; persons
in transit through Canada ; persons approved by the Minister.
For the purpose of ascertaining whether aliens can read, the immigration
officer uses slips of uniform size prepared by direction of the Minister, each
containing not less than thirty and not more than forty words in ordinary
use printed in plainly legible type in the language or dialect the person may
designate as the one in which he desires the examination to be made, and
he is required to read the words printed on the slip in such language or
dialect.
GUATEMALA.—In order to obtain the consular visa required in order
to enter Guatemala, an intending immigrant must prove that he is able to
read and write. (Act No. 87S of 15 September 1924.)
MEXICO.—The Act of 12 March 1926 prohibits admission to Mexico
of adult male persons who are unable to read or write a t least one language
and one dialect. Exclusion under this heading does not, however, apply
in the case of ascendants and descendants within the first degree of relationship to immigrants legally admitted, nor to aliens already resident in the
country (section 29, (3)).
S O U T H AFRICA.—Any person who is unable, by reason of deficient
education, t o read and write any European language, including Yiddish,
to the satisfaction of the Immigration Officer is prohibited from entering
the country.
The Act provides for a number of exceptions, particularly in the case of
the wife or child of a person domiciled in the Union, members of naval and
military forces or accredited officials, and various persons coming from
neighbouring territories. (Immigrants Regulation Act, 1913, sections 4
and 5, as amended by Act No. 37 of 1927.)
U N I T E D S T A T E S . — B y the Immigration Act of 1917 all aliens over
sixteen years of age physically capable of reading, who cannot read the
English language or some other language or dialect, including Hebrew or
Yiddish, are refused admission. For the purpose of ascertaining whether
aliens can read, the immigration inspectors are furnished with slips of uniform size prepared under the direction of the Secretary of Labour, each
containing not less than thirty nor more than forty words in ordinary use,
printed in plainly legible type, in some one of the various languages or
dialects of immigrants. Each alien may designate the particular language
or dialect in which he desires the examination to be made (section 3).
The following classes of aliens over sixteen years of age are exempted by
law from the literacy test :
(a) Persons who are physically incapable of reading ;
(b) Persons of any of the following relationships to United States citizens,
admissible aliens, or legally admitted alien residents of the United
States, brought in or sent for by such persons : father, or grandfather, if over fifty-five years of age; wife, mother, grandmother,
unmarried or widowed daughter;
(c) Persons seeking admission to the United States to avoid religious
persecution in the country of their last residence ;
(d) Persons convicted of or advocating the commission of a purely
political offence;
(e) Persons previously residing in the United States who were lawfully
admitted and have resided there continuously for five years and
return to the United States within six months from the date of
their departure therefrom ;
(f) Persons in transit through the United States ;
(g) Exhibitors and employees of fairs and exhibitions authorised by
Congress. (Rule 3M, 1927.)
64
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
(f)
ECONOMIC CONDITION OF IMMIGRANTS
I t is to the interest of countries of immigration to avoid the
possibility of aliens resident on their territory becoming necessitous and thus constituting a charge on the public funds, or a t
least a source of complications and difficulties if assistance is
not afforded them.
Mention has previously been made under heading (b), of the
exclusion of vagrants as a mea,sure of policy; beggars a n d persons
proved to be without means are also excluded from many countries.
Immigrants are frequently required t o furnish proof t h a t they
are not likely a t a subsequent date t o become a charge upon the
public funds. The immigrant may afford such proof either by
showing a contract of employment assuring him sufficient
resources t o live upon, or by demonstrating t h a t he possesses
private means, or t h a t assistance has been promised in case of
need either by his employer or b y relatives. The two latter
requirements as a rule relate to aged or infirm persons and, in
general, t o those who are incapable of work, should the country
concerned consent t o admit them. Moreover, the measures
found under the present heading are intimately connected with
those found under headings (g) conditions relating to trade or
profession, (h) conditions relating t o age or sex, and (i) physical
conditions.
For greater security t h a t the presence of immigrants will not
give rise a t a later date to charges upon State funds, precautions
are taken upon their arrival to guarantee their maintenance in
case of sickness or misfortune, and t o provide for their repatriation in case they prove unsuitable or have t o be legally expelled.
One such precaution consists in requiring the deposit of a certain
sum of money as security, which is repaid t o them when they
leave. I n some countries this amount is definitely acquired
by the Treasury after a certain period, if the alien has not left
t h e country; in others, on the contrary, the amount is returned
t o the immigrant after several years' permanent residence.
Another kind of guarantee is afforded by the designation of
a personal security in the country; sometimes this takes the form
of an affidavit or bond signed by an inhabitant of recognised
solvency. This procedure may be compared with t h a t employed
ECONOMIC CONDITION OF IMMIGRANTS
65
by the British Empire for the purpose of introducing assisted
immigrants, known as the nomination system; this is dealt
with later on in § 5 of Chapter VI.
The proof that an immigrant possesses a certain minimum
capital or definite promise of assistance is not intended solely
to guarantee a State against expenditure which might be incurred
or to save immigrants from disaster. It also operates to a certain
extent as a measure of selection, tending to avoid mass immigration of unskilled labour.
Of a somewhat different nature is the procedure in accordance
with which proof of the possession of a minimum capital is called
for, not in the case of all newcomers, but only in the case of
those desiring to benefit by the advantages offered by colonisation
laws, more especially the grant of land. The State must be
assured that the person to whom a grant of land is made has
sufficient capital for the proper development of the land granted
to him, so as to ensure the most satisfactory production.
The various provisions relating to supervision of an immigrant's means of support are independent of those providing for
payment of a landing or entry fee, which is dealt with in
Chapter VIII; head-taxes are definitely appropriated by the
State as a contribution on the part of those interested to the
expenses incurred by the Supervisory Services.
BRITISH MANDATED TERRITORIES : Palestine.—The Immigration Ordinance, 1925 (section 5, (c)), provides that no person other than
a Palestinian citizen may enter Palestine if he is likely to become a pauper
or a public charge.
By the Regulations issued by the High Commissioner for Palestine under
the Immigration Ordinance, 1925, amended by the Regulations of
27 November 1927, no person may be granted an immigration certificate
to enter Palestine unless he belongs to one of the following classes :
(a) Persons of independent mean (this term is taken to include :
(1) any person who is in bona fide possession of a capital of not
less than £E.500 and is qualified in a profession or intends to
engage in commerce, industry or agriculture; (2) any person who
is in bona fide possession and freely disposes of a capital of not
less than EE.250 and is skilled in a trade or craft; (3) any person
who has a secure income of not less than £B.60 per annum, exclusive
of earned income ; (4) any orphan of less than sixteen years of age
whose maintenance is assured until such time as he is able to
support himself; (5) any person of religious occupation whose
maintenance is assured; and (6) any student whose maintenance
is assured until such time as he is able to support himself) ;
(b) Persons who are not in possession of £E.500, but are otherwise qualified in a profession or intend to engage in commerce or agriculture ;
(c) Persons who have a definite prospect of employment in Palestine;
5
66
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
(d) Dependants of permanent residents or of immigrants belonging t o
the above classes other than orphans or students.
Every foreigner who desires to enter Palestine as an immigrant, either
as an orphan or student or as a person of religious occupation whose maintenance is assured (see above), must make application to the Chief Immigration Officer either direct or through a British consul or passport control
officer or immigration officer, and every such application must be accompanied by a guarantee given by a person, society or corporate body to be
approved by the Chief Immigration Officer binding the guarantor, if the
immigrant is admitted, t o maintain him or to contribute to his maintenance
(section 6). (Cf. also § 8 of Chapter VIII, regarding the entry fee.)
T a n g a n y i k a . — B y the Immigration Ordinance, No. 16 of 1924, the
immigration of destitute persoris is prohibited (section 5a).
An immigration officer may grant to a destitute person a licence t o
remain in the Territory for one year, but at the end of this time he must
re-present himself and be treated as if entering the Territory for the first
time (section 18, (1) and (2)).
Persons who bring in contract immigrants are responsible to the Government
for all expenses incurred in the event of their becoming destitute within
six months of the expiration of the contract. Likewise persons who bring
in native servants not born or domiciled in the Territory are responsible
to the Government for all expenses incurred if they become destitute within
two years after arrival (sections 20 and 21).
Any person bringing a native servant into the Territory may be called
upon to furnish security (section 22).
FRENCH
MANDATED
TERRITORIES : Togoland
and
C a m e r o o n s . — I n order to obtain permission to enter either French Togoland
or the French Cameroons, any person, whether of French or alien nationality,
is required to paya sum covering the cost of his repatriation into theTreasury,
which will issue a receipt for the; amount, or to furnish security agreed t o
by the administrative authorities. (Decree dated 30 October 1926,
section 1.)
In accordance with Decree No. 71 of 31 January 1927, which lays down
conditions for the application of the Decree cited above, the amount to be
deposited is calculated in conformity with the shipping companies' tariffs
for third-class travel. In lieu of the aforesaid deposit, the authorities may
agree after enquiry to accept the bond of another person as security; this
person may, however, withdraw his bond, and in such case the immigrant
so guaranteed must immediately deposit the amount which will cover the
cost of his repatriation, failing which he will be expelled.
J A P A N E S E M A N D A T E D T E R R I T O R Y : S o u t h Sea I s l a n d s . —
The Chief of the local Administrative Office may prevent the landing of
beggars, indigent persons, or any individual deemed likely to become a
public charge. (Order No. 1, dated 2 February 1925, section 1, (4) and (6).)>
N E W ZEALAND M A N D A T E D T E R R I T O R Y : W e s t e r n S a m o a . —
The Administrator may prohibit the landing in Western Samoa of any
person, other than a permanent resident, who is without adequate means
of support. Every vagrant, that- is, every person having insufficient means
of support and not being a Samoan born in Samoa, who is found in the
Territory, is considered guilty of an offence against the Order. (Immigration Consolidation Order, 1924, sections 5, (1), and 14.)
The Overseas Passenger Landing Deposits Ordinance, No. 2 of 1925,
provides that every person landing in Western Samoa (with certain exceptions) must deposit with the collector of customs a sum sufficient to defray
the expenses, if necessary, of transporting such person to a place outside
the Territory where he will be permitted to land, The sum is repaid after
ECONOMIC
CONDITION
OF IMMIGEANTS
67
five years or on the departure of the depositor if this takes place first,minus any part of it which the Western Samoan Treasury may have expended
for maintenance.
S O U T H A F R I C A N M A N D A T E D T E R R I T O R Y : South-West
Africa.—By the Immigrants Regulation Proclamation, 1924, section 1,
(ia) and (ie), the following classes of persons are prohibited from entering
the Colony :
(1) Any person or class of persons deemed by the Administrator on economic grounds or on account of standard or habits of life t o be
unsuited t o the requirements of the Territory;
(2) Any person who is likely, if he enters t h e Territory, t o become a'
public charge because he is not in possession of sufficient means
to support himself and his dependants.
It is provided in the Immigration Regulations, 1924, Regulation 14,
that a person shall not ordinarily be deemed liable t o become a public
charge :
(a) If he has the means of reaching his destination ;
(b) If he has definite employment awaiting him, or has a reasonable
prospect of employment and some means of temporary support.
Where the immigrant is dependent for his support on friends or relatives
or a n employer, t h e immigration officer may require a guarantee for t h e
immigrant's maintenance for t h e prescribed period, or for the costs of
returning him t o the country from which he came if he becomes a public
charge.
ARGENTINA.—Section 10 of the Decree of 31 December 1923 prohibits
the landing of individuals deemed likely to become a public charge.
AUSTRALIA.—Each adult alien must have on landing in the Commonwealth a sum of not less than £40, unless admission has been authorised
by the authorities in Australia as a result of a satisfactory guarantee having
been furnished for his or her maintenance by relatives or friends there 1 .
Selected British migrants under the Assisted Passages Scheme (see
Chapter VI, § 5) are required to deposit the sum of £3 each as landing money,
or in the case of lads proceeding as farm learners, or women or girls proceeding as domestic servants, £2 2.
Papua.—Admission t o the territory is prohibited in the case of indigent
persons or those without apparent means of support for themselves and
those dependent upon them, and who might for that reason become a public
charge. (Immigration Restriction Ordinance, No. 2 of 1902, section 2, (2).)
B E L G I U M : Congo.—The Legislative Ordinance of 8 March 1922 3
(sections 2 and 11) lays down that persons are deemed t o be undesirable
who, on account of their insufficient means of support, are liable t o become
a public charge; persons dependent upon them are also deemed t o be
undesirable. Permission to enter the territory may be granted upon deposit
of a sum of 5,000 francs 4 or more, as the immigration agent may decide,
or upon proof being forthcoming that the immigrant concerned has credits
in the Congo amounting t o 20,000 francs. Persons who furnish proof that
1
Communication from t h e Director of Migration a n d Settlement, Australia House,
London, t o t h e I n t e r n a t i o n a l Labour Office, 25 March 1925.
2
G R E A T B R I T A I N , O V E R S E A S E T T L E M E N T DÉPARTAIENT : Handbook
on the
Commonwealth
of Australia, 1927, p . 24. ' •
3
Order No. 26,/C, dated 12 March 1927, adds t h a t the said security m a y b e required t o
be left on deposit during a period n o t exceeding s i s m o n t h s .
4
One Belgian franc = approximately l e d .
68
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
they possess a contract of employment may be exempted from the operation
of this provision (cf. later, under (g)).
BRAZIL.—Beggars are not allowed to enter the country.
dated 6 January 1921.)
(Decree
CANADA.—The Immigration Act, 1910-1924, makes certain stipulations
as to the immigrants' financial status :
(1) Immigrants' Landing Money. The Governor-in-Council may issue
regulations for immigrants and non-immigrants regarding the possession
of a given sum of money. Thus, an Order-in-Council of 31 J a n u a r y 1923
(P.C. 182) requires that all immigrants of Asiatic race shall possess the
sum of $250 l as a condition of landing in Canada. Wives and children under
18 years of age, of any person legally admitted to and resident in Canada,
who is in a position to care for his dependants, are exempted from this
provision.
P.C. 183 of the same date forbids, owing to unemployment conditions
in Canada, the immigration of persons of any class or occupation, but
provision is made for certain exceptions (cf. Canada, Chapter I I I , § 1, (g),
and (1), (h)), among which are the following :
(a) A citizen of the United States entering Canada from the United
States who satisfies the immigration officer at the port of entry
that he has sufficient means to maintain himself until employment
is secured;
(b) A British subject entering Canada directly or indirectly from Great
Britain or Ireland, Newfoundland, the United States, New Zealand,
Australia or the Union of South Africa, who satisfies the immigration officer in charge at the port of entry that he has sufficient
means to support himself until employment is secured.
(2) Beggars and Vagrants. Under the Immigration Act, 1910-1924,
professional beggars or vagrants and persons likely to become a public
charge are prohibited from landing (section 3, (g) a n d / i ^ ) .
COLOMBIA.—In accordance with Act No. 114 of 30 December 1922,
tending to encourage the immigration of persons who will constitute a
useful element in the economic life of the country, immigrants are classified
in two groups : (a) those who enter the country as workers or labourers and
who have not to comply with any pecuniary condition, and (b) those who come
with the intention of establishing industrial or agricultural undertakings,
and who are required to possess a capital of not less than 200 pesos 2 (section 1).
C O S T A RICA.—The Act of 31 August 1914 prohibited admission to
the national territory to any individual not bearing upon his person
a sum of at least 100 colons 3. Nevertheless, with a view to supplying
the plantations of the country with needed labour, the President obtained
the approval of the National Congress to a Decree, dated 24 September
1924, exempting immigrants who are agricultural workers from the obligation to possess 100 colons upon admission 4 .
CUBA.—Beggars and others who are likely to become a public charge
are not allowed to enter the country. (Order No. 155 of 15 May 1902,
section 1.)
I n accordance with section 2, (2), of the Act of 3 August 1917, an immigrant
1
2
3
4
One Canadian dollar = approximately ás. I d . (28 J a n . 1928).
One Colombian peso = approximately 4s. 2s.
One Costa Rican colon = approximately 1.05s.
Bulletin of the Pan-American
Union, J a n . 1925.
ECONOMIC CONDITION OF IMMIGRANTS
69
desiring admission to Cuban territory must indicate a person or a body
corporate who will give an undertaking to the Government to provide at
his own expense treatment for the immigrant in case of sickness, to pay his
funeral expenses if required, and to deport him should he become unable
to work or if, owing to unemployment, he should be liable to become
a public charge.
F R A N C E : Colonies.—West Africa. In order to obtain permission to
land in the Colony, an alien must deposit with the Immigration Commissioner a sum sufficient to cover the cost of returning him to his country of
origin. A table is attached to the Decree, stating the amount which has
t o be deposited, varying with the nationality of the person concerned.
If the immigrant is unable to make the required deposit he must produce
a document countersigned by the Lieutenant-Governor of the Colony,
certifying that a licensed and solvent merchant already settled in the
country undertakes to provide in case of necessity for the expenses of
repatriation \ Sums deposited are returned to the interested parties
after a stay of two years in West Africa. The captain of any ship bringing
passengers of this class must require that the amount to be deposited as
security be placed in his hands. (Decree of 24 January 1925, sections 1
and 2.)
G R E A T BRITAIN.—Under the Aliens Order 1920, section 1, an alien
is not allowed to land in the United Kingdom unless he is in a position to
support himself and his dependants.
Colonies.—The following British colonies prohibit the landing of persons
who are destitute, or without visible means of support for themselves and
their dependants, and are likely to become a public charge :
Bermuda : Immigration Act, No. 58 of 1902, section 4. Federated Malay
State?: Passengers Restriction Ordinance, No. 6 of 1922, section 8 (lb).
Leeward Islands : Aliens Admission Regulation Act, No. 13 of 1922, section 4, (1). Nigeria : Immigration Restriction Amendment Act, No. 31
of 1924, section 5. Northern Rhodesia : Immigrants Regulation Proclamation, No. 15 of 1915, section 3. Southern Rhodesia : Immigrants Regulation Act, No. 7 of 1914, section 3. Sierra Leone : Undesirable Persons
(Prevention of Immigration) Ordinance, No. 17 of 1924, section 4, (a).
Straits Settlements : Passengers Restriction Ordinance, No. 169, 1919,
section 9, (1 b). Uganda : Immigration Restriction and Removal of Undesirables Ordinance, 1913, section 2, (1).
In several colonies the immigration of persons of this class is permitted
under certain conditions :
(1) That some resident of the Colony agrees to pay dependency charges
that may be incurred by the Government in respect of the immigrant
within one to three years of his landing (Bahamas, British Guiana,
Ceylon, St. Lucia; in Ceylon and British Guiana the charges may
not exceed a stated amount);
(2) Upon the immigrant's furnishing security that he will repay charges
that he incurs to the Government, not exceeding a stipulated
amount, within three years of landing (Fiji and British Honduras) ;
(3) Upon the deposit of a certain sum or bond of guarantee against
destitution (Bermuda, Fiji, Gambia, Gold Coast, British Honduras,
Nigeria, Nyasaland, Somaliland, St. Lucia and Zanzibar) ;
(4) Upon proof that he has a lawful contract of service {Fiji, Gilbert and
x
I n accordance with the Decree of 5 March 1927, the security may he replaced by an
official declaration made by the authorities of the immigrant's country of origin, containing
an undertaking by the Government of that country to reimburse expenses incurred for
repatriation of the immigrant as an indigent person.
70
THE EIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
Ellice Islands, British Honduras, and Solomon Islands) or that his
means of livelihood are assured for a certain minimum of time
(Kelantan) ;
(5) Upon obtaining a certificate that he is a fit and proper person to enter
(Gold Coast, Somaliland and Zanzibar) ;
(6) Upon evidence that he is in a position to support himself because he
possesses a certain sum of money (Gilbert and Ellice Islands,
British Honduras, and Kelantan).
(Bahamas : Immigrant Paupers (Prevention) Act, 1908, section 4, (3).
Bermuda : Immigration Act, No. 11 of 1920, section 1. Ceylon : Destitute
Immigrants Regulation Ordinance, No. 12 of 1907, section 4. Fiji: Immigration Restriction Ordinance, No. 2 of 1909, section 13. Gambia: Immigration
Restriction Ordinance, No. 12 of 1924 section 10. Gold Coast : Immigration
Restriction Ordinance, No. 9 of 1925, section 11, (1). Gilbert and Ellice
Islands : Consolidation Ordinance. No. 17 of 1917, section 21, (1), (a) and (b).
Guiana : Destitute and Criminal Immigrants Regulation Ordinance,
No. 4 of 1896, sections 3 and 4. Honduras : Immigration of Undesirable
Persons Ordinance, No. 20 of 1921, sections 14, (1), and (5), (le). Kelantan :
Indigent Alien Immigration Enactment, No. 6 of 1914, section 1.
Nigeria:
Amendment Ordinance, 1924, section 5. Nyasaland : Immigration Ordinance, No. 17 of 1922, section 15. Solomon Islands : Undesirable Immigrants Regulation, 1922, sections 2-5. Somaliland : Immigration Restriction
Ordinance, No. 4 of 1924, section 12. Windward Islands, St. Lucia :
Undesirable Immigrants Ordinance, No. 6 of 1904, section 5, (1). Zanzibar :
Immigration Regulation and Restrictive Decree. 1923, section 2, 11, (1).)
When an immigrant arrives under a labour contract and becomes
chargeable to the colony within a specified period of time, the employer or
employers may be liable to pay the Government all expenses incurred on
his behalf, including deportation costs (Bermuda, Hongkong [for persons
other than Chinese], Sierra Leone, and Somaliland).
In Sierra Leone
the employer is exempt from liability if he deposits £100 as guarantee
against the person becoming chargeable to the colony.
(Bermuda : Immigration Act, No. 11 of 1920, section 1. Hongkong :
Vagrancy Ordinance, No. 9 of 1897, section 21. Sierra Leone : Immigrant
Paupers Ordinance, No. 26 of 1909, amended by No. 16 of 1924, section 2, (2).
Somaliland: Immigration Restriction Ordinance, No.4 of 1924,section 15,(2).)
The immigration of professional beggars and vagrants is prohibited in
the Federated Malay States and the Straits Settlements.
(Federated Malay States : Passengers Restriction Ordinance, No. 6 of 1922,
section 8, (lc). Straits Settlements : Passengers Restriction Ordinance,
No. 169, 1919, section 9, (lc).)
The master of any vessel bringing a destitute immigrant to a colony
may be liable to a fine and the cha rges incurred by the colony in his behalf,
as follows :
(1) In the Bahamas : to a penalty of £20 ;
(2) In Ceylon : to all charges incurred by a destitute person within two
months after landing unless the said person landed with 150 rupees 1
in his possession ;
(3) In the Gilbert and Ellice Islands : to a penalty not exceeding £50 and
the conveyance of the immigrant outside of the Colony;
(4) In Hongkong : t o all charges for persons other than Chinese or shipwrecked persons who become chargeable as vagrants within two
months of landing unless 2 proved to have landed under engagement or possessed of $50 ;
. i One rupee = approximately Is. 6d. (ÍÍ8 J a n . 1928).
2
One Hongkong dollar = approximately Is. Gd. (28 J a n . 1928).
ECONOMIC CONDITION OF IMMIGRANTS
71
(5) Solomon Islands : to a penalty of £50 and the carrying of the immigrant
outside of the Protectorate ;
(6) Windward Islands, St. Lucia : to a lien of £100 for each infirm pauper
or destitute immigrant landed.
(Bahamas : The Immigrants Act, No. 17 of 1920, section 6. Ceylon :
Destitute Immigrants Regulation Ordinance, No. 12 of 1907, section 12.
Gilbert and Ellice Islands : Gilbert and Ellice (Consolidation) Ordinance,
No. 17 of 1917, section 21, (2), (3), and (4). Hongkong : Vagrancy Ordinance, No. 9 of 1897, section 22. Solomon Islands: Undesirable Immigrants
Regulation, 1922, sections 2-5. Windward Islands, St. Lucia : Undesirable
Immigrants Ordinance, No. 6 of 1904, section 5, (1).)
GREECE.—In accordance with the Ordinance of 23 June 1927, no
alien may enter Greece unless he is in a position to maintain himself and to
provide for his family in accordance with the provisions laid down on the
matter by the Minister of the Interior, to pay for transport to the place of
destination if he is travelling through the country in transit, or to prove
that he has employment which he has been legally authorised to accept
(cf. Chapter VI, § 1 : "Employment of Alien Workers").
GUATEMALA.—In accordance with the Decree of 17 September 1923,
aliens arriving at the country's frontiers must, in order to obtain admission,
prove that they possess a sufficient sum of money to enable them to reach
their destination within the territory, and a further sum of 25 dollars 1 ,
or its equivalent in the currency of another country.
Immigrants coming to the country under a contract of employment duly
visaed by a Guatemalan diplomatic or consular official, or having previously
obtained the authority of the Minister of Agriculture, are exempted from
this requirement.
ICELAND.—The Act of 12 May 1920 requires all aliens arriving in Iceland
to prove that they have sufficient means to provide for their maintenance
and for that of their family during at least two years following their arrival.
IRISH F R E E STATE.—Under the terms of the Aliens Order, 1925,
(section 1, (2)), leave shall not be given to an alien to land in the Irish Free
State unless he is in a position to support himself and his dependants.
JAPAN.—According to the terms of Ordinance No. 1 dated 24 January
1918, paupers and persons likely to become a public charge may be refused
admission (section 1).
MEXICO.—The Act of 12 March 1926 prohibits admission to Mexican
territory to all aliens likely to become a public charge, as well as to workerimmigrants not producing a contract of employment (cf. Chapter III,
§ 1, (g)) or who do not prove that they possess sufficient financial
ressources to meet their personal needs and those of their family during
a period of three months from the date of their admission, independently
of the amount which will be needed to cover their maintenance and transport
expenses until they reach their place of destination (section 29, (8)). An entry
fee is also payable (cf. Chapter VIII, § 8).
NETHERLANDS.—According to t h é Act of 13 August 1849, as amended
by those of 6 April 1875, 15 April 1886, and 10 February 1910, aliens may
not enter the country unless they prove that they have either sufficient
means of existence or the possibility of maintaining themselves by their
work.
1
Cine Guatemalan dollar = approximately 4s.
72
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
East Indies.—The residencie card is refused to persons unable to
provide for their own maintenance and that of their family.
Cf. Chapter VIII, § 8, for information concerning the entry tax.
NEWFOUNDLAND.—The collector of customs may withhold leave
to land to an immigrant who cannot show that he has in his possession,
or is in a position to obtain, the means of decently supporting himself and
his dependants. (Consolidated Statutes of Newfoundland, 1916, Chapter 77:
"Of Aliens and Immigration", section 1, (8a).)
An alien may not be refused admission to the Colony merely for want
of means or through liability to become a public charge, if he seeks admission
under any of the following conditions :
(a) If he proves that he is seeking admission to the Colony to avoid
prosecution or punishment on religious or political grounds, or
persecution on account of religious beliefs ;
(b) If he proves that, having taken his ticket in the Colony and embarked
direct from there for some other country, immediately after having
resided in the Colony for not less t h a n six months, he was refused
admission there, and returned to the Colony direct;
(c) If he proves that he was born in the Colony and his father was a
British subject. (Idem, section 1, (d).)
No Chinese person is permitted to land in Newfoundland who is a pauper
or likely to become a public charge. (Consolidated Statutes of Newfoundland,
1916, Chapter 79 : "Of the Immigration of Chinese Persons", section 5, (a).)
By the Immigration Act of 1926, professional beggars or vagrants or
persons likely to become a public charge are considered as undesirable
immigrants.
By section 11 of this Act the Governor-in-Council is empowered to issue
regulations providing as a condition to permission to land in the Colony
that immigrants should possess in their own right money to a prescribed
minimum amount which shall vary according to the race, occupation,
or destination of the immigrant or otherwise according to circumstances.
The regulations under this Act prohibit the landing in Newfoundland of
any immigrant who does not possess in his own right :
In the case of an immigrant of eighteen years of age and upwards
the sum of $250 ; and in the case of an immigrant of five years of age
and under the age of eighteen the sum of $125. In the case of an
immigrant who is the head of a family and is accompanied by one or
more members of the family, the money qualification will be $250 for
the head, $125 for each member of the family of the age of eighteen
or upwards and $50 for each member of the family of five to eighteen
years.
The immigration officer may exempt any immigrant from the operation of the regulation if it is shown to his satisfaction that :
(a) The immigrant, if a male, is going to assured employment and
has the means of reaching the place of such employment ;
(b) The immigrant, if a female, is going to assured employment in
domestic or other service and has the means of reaching the
place of such employment ;
(c) The immigrant, whether male or female, is going to reside with
the relative mentioned who is able and willing to support such
immigrant ; and has the means of reaching the place of residence
of such relative : (1) wife going to husband ; (2) child going to
parent; (3) brother or sister going to brother; (4) minor going
to married or independent sister; or (5) parent going to son or
daughter. Acceptable certificates must be furnished and sworn
to by the parties interested.
N E W ZEALAND.—The Immigration Restriction Act, 1908, Part I,
ECONOMIC
CONDITION
OF
73
IMMIGRANTS
provides that, if a passenger arriving in New Zealand on board any ship
is deemed likely to become a charge upon the public or any charitable
institution, the owner, charterer or master of such ship shall execute a
bond and defray any expense which may be incurred within five years
from the execution of the bond for the maintenance of such passengers
by any public or charitable institution in New Zealand. These provisions
do not extend to immigrants brought to New Zealand either wholly or
partly at the expense of the Government, nor to any person domiciled in
New Zealand.
NICARAGUA.—A recent Circular issued by the Minister of the Interior
to the port and frontier services requires that every alien entering Nicaragua
shall be in possession of a sum of money equivalent to 100 córdobas 1.
PANAMA.—Every alien arriving by a land frontier must bear upon
his person the sum of 25 balboas 2 to meet the cost of his maintenance
until he has found work. (Administrative Code, section 1878.)
Every alien arriving by a sea frontier as a third-class passenger, with
the intention of doing business in the territory for his own account, must
hand to the Panama consul at the port of departure, for transmission to
the Minister of Foreign Affairs, proof that he possesses sufficient resources
to devote himself to his business. The consul may not visa the passport
of the person concerned until authority to do so is received from the
Ministry after examination of this document.
Immigrants not having a Government contract are required to deposit
security amounting to 150 balboas in order to obtain permission t o enter
the country. This sum is repayable to the immigrant or to his representative after the expiration of a year, when the executive authority considers
that the immigrant has obtained stable employment and that he has
sufficient means to maintain himself. The security is also returnable
should the immigrant leave the country, or, in case of his death, to his legal
representatives.
When an alien worker is invited to the country either by a private
individual or by a company, the executive authority may waive the obligation incumbent upon the employer to deposit security. In such case,
however, the employer must undertake to repatriate at his own expense
the worker or workers whom he has sent for; he must also, should this become
necessary, meet any expenditure for their maintenance in hospital or in any
other charitable establishment (sections 1 and 2).
The same Act provides that aliens domiciled in the country may only
send for their ascendants, husband or wife, or legitimate descendants,
travelling in third-class accommodation, after they have obtained permission
to do so from the Minister for Foreign Affairs. This permission is accorded
only in cases where the immigrant can produce papers proving his relationship to the persons invited, which must be accompanied by his attestation that he possesses the necessary means to ensure their maintenance
(section 6).
PARAGUAY.—According to the Immigration Act of 1903, persons
immigrating voluntarily and alone, and wishing to enjoy the advantages
provided for by the Act, must possess a minimum capital of 50 gold pesos 3 ;
if such immigrant is accompanied by his family the capital required is
30 gold pesos per adult male (section 3).
1
Bulletin
of the Pan-American
Union, March 1928, Washington.
= approximately 4s. 2d.
2
One balboa = approximately 4s. 2d.
3
One P a r a g u a y a n gold peso = approximately 4s. 2d.
One
córdoba
74
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
t
Immigrants having either concluded a contract with some private
undertaking or been invited by their family are exempted from this condition; but the persons introducing them must offer a security recognised
as satisfactory by the General Immigration Office (section 10).
POLAND.—Permission to enter and remain on Polish territory is
withheld, or if granted may be withdrawn at any time, from an alien who
cannot prove that he possesses adequate means to live upon in the country.
(Ordinance dated 13 August 1926.)
P O R T U G A L : Angola.— European agricultural or industrial workers
are only permitted to land when their return voyage is guaranteed by the
shipping company which brings them, or when they themselves deposit
with the maritime authorities, in return for a receipt, a sum of money
equivalent to the cost of their passage in third-class accommodation from
the port of Angola to their point of departure. Nevertheless the following
persons are exempted from this condition :
(a) European colonists or workers who produce at the time of landing
a permit issued by the Minister for the Colonies ;
(b) Immigrants who prove by a document in due legal form that employment in the province has been guaranteed to them by an establishment or individual of recognised solvency and that the director
or proprietor of the establishment offering employment accepts
responsibility, during a period of two years, for the repatriation
of such immigrants should this be called for owing to sickness or
unemployment. (Order of 3 March 1926.)
RUMANIA.—The immigration of persons incapable of work is prohibited unless they can prove that their maintenance is provided for. Persons
having no ascertained occupation and in general all those likely to become
a public charge are refused admission. (Act of 11 April 1925, section 36.)
SALVADOR.—The Decree of 23 September 1926 prohibits admission
to the territory to beggars and all those whose maintenance is not assured.
A sum of 200 colons 1 or 100 dollars has to be deposited by every immigrant
with the public treasury. The money is returned if the individual concerned
leaves the country within the six months following; otherwise it becomes
the property of the State. The amount is intended to cover the expenses
of deportation, should it transpire that the person concerned ought not
to have been admitted (sections 1, (3), and 3).
A Circular issued by the Minister of Foreign Affairs, dated 13 October 1926,
for the interpretation of the Decree cited above, exempts the following
classes of travellers from making the deposit : representatives of commercial
and industrial establishments, university delegates, dramatic artistes,
persons employed in State servie«; abroad, together with their wives and
children, etc.
SIAM.—The Act of 11 July 2470 of the Buddhist era (corresponding
to 1927) in section 7 instructs the Minister of the Interior to determine, in
agreement with the Minister of Commerce and Communications, the minimum
capital which every alien must have in his possession upon arrival in Siam.
It is provided that'the decision come to shall be promulgated three months
before it comes into operation. This initial sum will not be called for in
the case of children under fifteen years of age accompanying their parents ;
and exemption is also granted in the case of aliens belonging to categories
to which-the numerical restriction provided for by the Act does not apply.
(Cf. § 1, ("a;, of the present Chapter.)
1
One Salvador colon = approximately 23. 2d.
ECONOMIC CONDITION OF IMMIGRANTS
75
. S O U T H AFRICA.—Under the terms of the Immigrants Regulation
Act, 1913, the following classes are not permitted to enter the Union of
South Africa as immigrants :
(1) Any person considered on economic grounds or on account of his
standard or habits of life to be unsuited to the requirements of the
Union, or any particular Province thereof;
(2) Any person who is likely to become a public charge, because he is
not in possession for his own use of sufficient means to support
himself and such of his dependants as he brings with him into the
Union (section 4, (a) and (b)).
By Regulation 13, made under the Act of 1913, it is prescribed that an
immigrant who is not infirm of mind or body, in order to prove that he is
not likely to become a public charge, must satisfy the immigration officer :
(a) That he has the means of reaching his destination ;
(b) That he has definite employment awaiting him, that having a
reasonable prospect of employment he has some temporary means
of support, that he has friends able and willing to support him, or
that he has with him a sufficient sum of money, in the opinion of
the immigration officer, to maintain him and his dependants until
he obtains employment or other means of support.
Up to the end of 1921, persons without definite occupation, if British
subjects, were required to possess £20, and if aliens £35, on entering the
Union. A Revised Notice issued by the High Commissioner for South
Africa in London in January 1922 stated that the sum of £20 was now
regarded as totally inadequate, "sufficing as it does for barely a month for
the immediate living needs of one person finding himself in a strange
country". No definite sum is mentioned in the Notice, but unless the
intending immigrant is able to produce to the immigration officer at the
port of arrival evidence of adequate capital, or written evidence of definite
employment, his entry into the Union will be prohibited.
Such evidence must show the nature of the employment and the proposed
wage. The ability of the offeror to carry out his undertaking must be
indicated, and, to avoid difficulties, the offeror should obtain the support
of a Justice of the Peace or other competent public official to his written
statement. I n the absence of employment, the intending immigrant must
establish the fact that he has sufficient capital to maintain himself for a
considerable period after arrival, at least six months.
U N I T E D S T A T E S . — As defined by the Immigration Act, 1917, the
following are among the classes of prohibited immigrants : paupers, professional beggars and vagrants, and persons likely to become a public charge.
(Immigration Act, 1917, section 3.)
I t is further laid down that whenever passports are being used for the
purpose of enabling the holder to come to the continental territory of the
United States to the detriment of labour conditions there, the President
shall refuse to permit such person to enter (section 3).
For purposes of supervision all passengers must declare on the form handed
to them by the captain of the ship that they possess at least 50 dollars l ,
and, if less, what sum they possess, and whether they are provided with
railway tickets to their final destination, or with the money needed to buy
them (section 12).
A head-tax is payable by immigrants (cf. Chapter VIII, § 8).
URUGUAY.—The Immigration Act of 1890 and the Decree of ISFebruary
1915 lay down that persons who obtain their living by begging or who are
likely to become a public charge are inadmissible.
1
One U.S.A. dollar = 4s. 2d.
76
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
VENEZUELA.—Admission to the national territory is refused to persons
having no legitimate occupation or means of subsistence. (Act of 23 July
1925, section 13.)
(g)
CONDITIONS RELATING TO T R A D E OR P R O F E S S I O N
An examination of the question of immigration for the purpose
of permanent settlement reveals t h e fact t h a t certain countries
admit t o their territory only those persons who are able to work
and can prove their skill by means of documentary evidence or
certificates. Others restrict admission t o persons following
certain occupations, or a t all events offer special advantages to
persons exercising such. I t may be observed t h a t a t the present
time in all countries agricultural workers are specially in demand ;
and preferential treatment, both as regards admission and in
respect of the grant of special subsequent privileges (cf. § 1 and
§ 2 of Chapter X I ) , is often accorded them. The same applies
t o the category of domestic servants. I t should also be recalled
t h a t certain measures for exclusion make exceptions in respect
of individuals following specified occupations. Thus, in several
countries, persons of Asiatic race following certain trades are
exempted from the operation of restrictions upon the admission
of other immigrants of their race (cf. heading (d)). Often, the
possession of a contract of employment, ensuring t h e immigrant
t h e necessary resources which will enable him t o live, operates
t o exempt him from the necessity of possessing private resources
upon arrival, this condition being imposed upon other arriving
aliens (cf. heading (f)).
Respecting immigration for the purpose of employment, there
exist at the present time the most complex and varied measures
for the regulation of such immigration, tending almost everywhere, b u t more especially in European countries, to limit the
admission and employment of alien workers. Regulations of
this nature, which had hardly begun t o take definite form a t
the time when the first edition of this study was in preparation,
have grown and increased considerably of late years. For the
purposes of their application, t h e conception of " t h e worker"
differs considerably in the various countries concerned. § 1 of
Chapter I I contains explicit definitions taken from national
laws, b u t frequently t h e field of application of these regulations
CONDITIONS RELATING TO TRADE OR PROFESSION
77
is not limited to any strictly defined conception. I n some
countries, any work of whatever kind or importance, performed
for wages, comes under the regulation. I n others, the regulations
apply only t o manual work properly so called, or they are less
strict for certain professions, e.g. artistic work, t h a n for manual
occupations. Often the regulations for the admission of industrial
workers differ from those governing the entry of agricultural
workers.
The procedure employed with a view t o ensuring t h a t immigrant labour shall correspond t o t h e economic needs of a country,
regard being had t o the fluctuations of the home labour market,
varies considerably. The only forms t o which attention need
be drawn here are those in which the sifting mechanism operates
a t the frontier itself. Thus, in several countries, authority
from some competent organisation must be obtained in advance
b y an alien worker seeking admission, such authority taking
the form of a special certificate or a duly visaed contract of
employment. I n cases where aliens coming from t h e country
t o which the immigrant in search of work belongs are required
t o have their passports visaed, t h e issue of the visa may be made
subject to the consent of organisations competent t o issue
permits t o work; in such case the visa itself will frequently
mention t h e fact t h a t the right t o accept employment has been
obtained or, on the contrary, t h a t it has been refused.
Sometimes, on t h e other hand, control of this nature does
not operate a t t h e frontier, b u t in the country itself strict supervision is exercised over the engagement and employment of alien
workers. For this reason, freedom of admission has only a
theoretical value, and is of use only to such workers as can obtain
permission t o accept employment. These measures, together
with those relating t o numerical restriction of the alien workers
in various national industries, react eventually upon the entry
of alien workers; they are analysed later on in Chapter VI, § 1
("Employment of Alien Workers"). I n this connection reference
may specially be made to Austria, Luxemburg, Panama, SerbCroat-Slovene Kingdom, and Salvador, as in these countries the
regulations governing the employment of aliens do not affect
the formalities for admission.
Permits t o enter for the purpose of employment are usually
accorded for a definite period; sometimes a particular occupation
78
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
or even a particular job is specified, the locality or region being
mentioned, in order t h a t the Government may be in a position
t o control the labour market. Individuals remaining in contravention of these conditions are expelled. I n countries where
unemployment is severely felt, the only workers who can obtain
admission are specialised persons of whom the country has
actual need.
Often a contract of employment or a definite written engagem e n t m a d e out in a prescribed form has t o be produced b y t h e
immigrant seeking admission; in some cases a document of this
nature m u s t bear the visa of a competent organisation which
has to ascertain t h a t the conditions under which the immigrant
is t o work are not likely to be prejudicial t o the position of other
workers in the country. I n the United States, Australia, and
Cuba, t h e admission of workers holding a contract of employment
is, on the contrary, forbidden save in very exceptional cases,
for the reason t h a t clauses contained in such a contract—executed
at a time when the person engaged is usually completely ignorant
of the conditions of life in the country of destination—might
not be in accordance with the standard of living obtaining in t h e
country, and might thus be definitely prejudicial to national
workers, exposed to competition on the p a r t of low-paid immigrant workers.
Attention may be drawn t o the fact t h a t countries which
require abundant labour, either for their industries or for agricultural purposes, have often made arrangements with the countries
from which these workers come, for the supply of the needed
immigrants. An analysis of agreements for the supply and
recruitment of labour on these lines will be found in Chapter VI
of Volume I I I .
BRITISH MANDATED TERRITORY : Palestine.—Every immigrant
desiring to enter Palestine who has a definite prospect of employment there
must make application to the Chief Immigration Ofncer, either direct or
through a British consul or passport control officer or an immigration
ofncer. (Cf. also Chapter VI, § 2 : "Recruiting"; and § 1, (a) : "Numerical
Restriction", of the present chapter.)
ALBANIA.—Sections 1 and 2 of the Legislative Decree of 20 March
1925 prohibit in principle the entry to Albanian territory of any alien
worker, whatever may be his nationality or the purpose for which he comes.
However, merchants, manufacturers, and specialised workers of alien
nationality may enter the country if they prove, to the satisfaction of the
Albanian representative from whom the necessary visa is obtainable, that
their visit to the country is for the purpose of doing business with an Albanian
CONDITIONS RELATING TO TRADE OR PROFESSION
79
manufacturer, merchant, or chief of an undertaking. The Albanian representative then endorses the applicant's passport with the name and address
of the Albanian house which the traveller is to visit, and with a note of the
proofs which have been offered in support of the application. Port authorities and those of frontier stations have to call upon merchants, manufacturers and specialised workers arriving in Albania to furnish the information
and proofs referred to above.
ARGENTINA.—Under the Act of 1876, the only immigrants admitted
are day-labourers, handicraftsmen, persons engaged in manufactures,
agriculturists, and persons engaged in a liberal profession or possessing a
sufficient degree of skill. An immigrant has to prove his ability by
means of certificates issued by the authorities of the country where he resided,
duly authenticated by the competent Argentine consul.
These provisions are not repeated in the more recent legislation, but it
is laid down that the visa will not be issued to individuals "coming under the
description of vicious or useless immigrants".
AUSTRALIA.—Every contract immigrant, unless otherwise prohibited
by law, may land in the Commonwealth if the contract is in writing and is
made by or in behalf of a named resident of Australia, providing its terms
are approved by the Minister. With regard to contract immigrants intended
to be brought to Australia in connection with or in contemplation of an
industrial dispute, the Governor-General is empowered to order by notice
published in the Gazette that after a specified date such immigration, subject
to exceptions and limitations that may be expressed in the Order, shall be
prohibited. (Contract Labourers Act, 1905, sections 4 and 10, (1).)
By the Immigration Act, No. 7 of 1925, section 3K, the Governor-General
is empowered to prohibit wholly, or in excess of certain limits specified,
the landing of aliens of any nationality, race or occupation (cf. Chapter III,
§3).
BELGIUM.—No Act exists to regulate the admission of alien workers.
However, workers belonging to countries nationals of which are required
to obtain a visa can only procure this upon production of a certificate of
engagement by an employer established in Belgium, the conditions of work
provided for not being inferior to those generally ruling in Belgium for
workers of the same category, and upon condition that the alien worker
is not to fill the place of a national worker engaged in an industrial dispute,
and that the position of the Belgian labour market justifies recourse being
had to alien labour.
For individuals belonging to States whose nationals have not to obtain
a visa and for those who do not seek admission as wage earners and can
prove that they possess other means of existence, there is no control in
force *.
Congo.—In accordance with the Decree of 8 August 1922, admission to the
territory may be refused to any persons whom the Governor-General regards
as undesirable for reasons of an economic nature (section 2 (1)).
I n lieu of the deposit of security (ef. heading (/)), immigrants desiring
to be admitted may produce a contract of employment for a period of
over six months at suitable wages executed with an employer who is not
a native, who is established in the colony, and is of good repute (section 11).
BOLIVIA.—By the Regulations of 1907 and the Immigration Act of 1927,
immigrants are required to produce a certificate issued by the authorities
1
Reply received from t h e Belgian Government by the International L a b o u r Office, t o
t h e enquiry relating t o recruiting and placing of alien workers, 1927.
80
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
of their country of origin, specifying the profession or occupation followed
by the party concerned (section I).
BRAZIL: State of Fernambuco .—The Act of 9 April 1924 prohibits
settlement upon the State territory of immigrants other than agriculturists.
CANADA.—Owing to the unemployment conditions existing in Canada,
the Order-in-Council of 31 January 1923 (P.C. 183), amended 11 April 1923
(P.C. 642) and 8 April 1926 (P.C. 534), forbids the immigration of a person
of any class or occupation unless, among other things, he can show himself
to be. :
(1) A bona fide agriculturist entering Canada to farm and who has sufficient means to begin farming in Canada;
(2) A bona fide farm worker entering Canada to follow that occupation
and who has reasonable assurance of employment ;
(3) A female domestic servant entering Canada to follow t h a t occupation
and who has reasonable assurance of employment;
(4) A person who has satisfied the Minister that his labour or service is
required in Canada. (Cf. also Canada, under headings (f) and (h)
of present section.)
The Canadian Minister of Labour stated in the House of Commons on
25 May 1926 that it is the policy of the Canadian Government, when requests
are made for the immigration of groups of industrial workers, to estimate
first the labour already available in Canada.
CHILE.—Admission to Chilian territory is prohibited to all those who
do not follow, or who are unable to follow, a profession or occupation which
will enable them to earn a living.
COLOMBIA.—According to the Act of 3 November 1920, aliens arriving
in Colombia must declare the occupation or profession which they intend
to follow in the country (section 2).
Act No. 114 of 1922 exempts immigrants entering the country as workers
or labourers from the obligation to possess a certain amount of capital
section 1).
Act No. 74 of 30 November 1926, relating to the expansion of agriculture
and immigration, distinguishes two classes of immigrants : (a) those who"
come in accordance with a n agreement concluded between Colombia and the
country of which they are nationals, and (b) immigrants belonging to any
other nation. Citizens or subjects of countries which have not concluded
a treaty with Colombia may enter the country on condition that they are
to be employed on public works, in mining or agriculture, or in small industries such as laundrywork, ironing, gardening, etc., and moreover that they
shall settle in certain determined legions (cf. Chapter X I , § 3).
European immigrants of the male sex over eighteen years of age and
possessing a contract of employment upon work to be done for the account of
the State, or of any department or municipality, are entitled to benefit by
certain advantages (cf. Chapter X I , § 1). Undertakings introducing such
persons receive an official subsidy (cf. Chapter VI, § 5) upon condition t h a t
the immigrants are employed upon public works or agriculture (sections 46
and 47).
COSTA RICA.—According to a Decree approved on 24 September 1924,
agricultural workers are exempted from the obligation to possess a certain
capital, which is compulsory for all other immigrants (cf. heading (f)) K
1
Cf. Bulletin
of the Pan-American
Union, J a n . 1925, p . 71.
CONDITIONS RELATING TO TRADE OR PROFESSION
81
CZECHOSLOVAKIA.—Admission to Czechoslovakian territory is free
to all aliens desiring to enter without the intention of taking up employment.
Workers desiring to follow a lucrative occupation, however, must obtain the
authority of the Minister of Social Welfare and Labour, issued after consultation with the competent employment exchange organisations. The issue
or refusal of such permit is endorsed upon the immigrant's passport by the
Czechoslovakian consular authority affixing the necessary visa. (Decree
dated 25 October 1923, supplemented by the Decree of 11 February 1926 K)
DENMARK.—The Act of 31 March 1926 lays down that no alien arriving in Denmark after promulgation of the Act may be employed or accept
any post or engagement whatever without a special permit issued by the
Minister of Justice or such authority as the said Minister may indicate for
this purpose. The Danish visa upon the passport of an alien required to
possess one operates in place of the labour permit; but an engagement to
work may be accepted only in the district in which, according to the visa,
the worker is permitted to be employed (sections 6 and 7).
FINLAND.—According to sections 20 to 23 of the Ordinance of 23 November 1926, an alien desiring to enter Finland for the purpose of accepting
employment coming under the Contract of Labour Act or the Contract of
Apprenticeship Act, or who, during his stay in Finland, desires to take up
employment under the conditions indicated, must for this purpose obtain
a "labour permit" issued after due consideration by-the Minister for Social
Affairs. This permit may be withdrawn a t any time for sufficient reasons,
should such be found to exist. The issue of the permit must be noted
either upon the intending worker's passport or upon his residence card.
For alien workers entering Finland after the promulgation of this Ordinance, the labour permit will only be issued for a fixed period which may not
exceed one year in each case. I t is only available in the district for which
it is issued.
FRANCE.—The collective engagement of alien workers other than
skilled miners and agricultural workers is authorised in France only when
the contract for the employment of the alien workers has been duly visaed
by the Minister of Labour, who must ascertain that the introduction of
such labour is not prejudicial to the interests of French unemployed workers
(cf. Chapter VI, § 2 : "Recruiting").
Regarding the admission of isolated workers, in accordance with recent
regulations, more especially the Circulars of 15 February 1927 relating to
restrictions upon the immigration of alien workers, it is laid down that an
alien coming to France for the purpose of undertaking paid work must
hold a contract of employment ; this contract, if it relates to a worker to be
employed in industry or commerce, must bear the visa of the Foreign Labour
Service of the Ministry of Labour, or, if the worker concerned is to be
employed in agriculture, the visa of the Agricultural Labour Service of the
Ministry of Agriculture. Any alien who, not being in possession of such
a contract and having entered France with an ordinary passport, has applied
for and obtained an engagement, is liable to be deported. One of the
Circulars referred to instructed diplomatic representatives abroad to inform
the authorities of the countries in which they fulfil their functions of these
measures and of their operation. Another of these Circulars instructs
French consuls in foreign countries to demand production of the contract
of employment, duly visaed by the competent labour service, before giving
the necessary consular visa to applicants stating that the object of their
journey to France is to take up employment there. Nevertheless, the
' A u Act dated 13 March 1928 has been passed to regulate t h e employment oí alien
workers In Czechoslovakia; Its provisions are summarised in § 1 ot Chapter VI.
G
82
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
stipulations referred to are not applicable to domestic servants, governesses,
housekeepers, or nurses in the service of aliens coming to France.
As regards workers already employed in France who, after a temporary
absence in their own country, return to France to continue in the same
employment, these are not required to obtain a new contract of employment
if they present (a) a note authorising them to take leave and (b) a letter
of recall from their employer; the latter document must bear the visa of
one of the two Ministers competent in the matter. (Cf., in regard to seasonal
leave, what is said in § 3 of the present chapter.)
I t should be added t h a t the introduction of workers belonging to the
countries which are the most important sources of labour supply—Czechoslovakia, Italy, Poland, etc.—is regulated by international agreements
(especially in regard to the manner in which such labour is to be introduced)
and is adjusted by means of periodical conferences which have to fix
approximately the number of workers who may be introduced during
the coming period and the districts to which they may be sent.
Should any change take place in the economic situation of the country,
making it difficult to employ these alien workers in'the district indicated,
or in certain occupations, the Governments of the countries concerned are
immediately notified of the position through diplomatic channels, so that
they may at once take the necessary steps to moderate the stream of their
workers migrating to France.
GREAT BRITAIN.—Under the Aliens Order, 1920, section 1, an alien
desirous of entering the service of an employer in the United Kingdom is
not allowed to land unless he produces a permit in writing for his engagement
issued to the employer by the Ministry of Labour.
Colonies.—In Nyasaland and Northern and Southern Rhodesia the
immigration is prohibited of any person deemed by the Governor on economic
grounds or on account of standard or habits of life to be undesirable.
(Nyasaland: Immigration Ordmance, No. 17 of 1922, section 4, (a).
Northern
Rhodesia: Immigrants Regulation Proclamation, No. 15 of 1915,section 2, (1).
Southern Rhodesia: Immigrants Regulation Act, No. 7 of 1914, section 2, (1).)
Certain colonies prohibit, restrict or regulate the importation of foreign
labourers under contract to work in the colony.
Gold Coast.—The immigration is prohibited of any non-native who has
signed or entered into an agreement to perform manual or menial labour
on the Gold Coast or whose passage has been paid with a view to his entering
into such an agreement on his arrival, unless the consent in writing of the
Governor to the immigration of such person has been obtained. (Immigration Restriction Ordinance, No. 9 of 1925, section 5, (g).)
Leeward Islands.—Any alien entering the Colony who desires to enter
the service of an employer in the Colony must produce a permit in writing
for his engagement issued to his employer by the Government. (Aliens
Admission Regulation Act, No. 13 of 1922, section 4, (2).)
Somaliland.—The immigration is prohibited of any person who has signed
or entered into an agreement to labour for hire in the Protectorate, or whose
passage has been paid on his behalf with a view to his entering into such
an agreement on arrival unless the consent in writing of the Governor to
the immigration of such person has been obtained. (Immigration Ordinance,
No. 4 of 1924, section 6, (g).)
Zanzibar.—By section 29 of the Master and Native Servants Decree,
No. 14 of 1925, the British Resident may make rules prohibiting, restricting
or regulating the importation and entry from outside the Protectorate
of servants or natives intended to be employed as servants.
G R E E C E . — I n accordance with the Ordinance of 23 June 1927, aliens
desiring to enter Greece for the purpose of taking up employment there
CONDITIONS RELATING TO TRADE OR PROFESSION
83
are only admitted to the country if in possession of a licence issued by the
authorities indicated for that purpose by the Minister of the Interior. The
name and date of the licence must be endorsed upon the holder's passport.
This provision does not apply to aliens returning to Greece if they are
in possession of an identity card issued by the Greek police (cf. Chapter X I ,
§5).
GUATEMALA.—Aliens coming to Guatemala either with a contract
of employment visaed by a diplomatic or consular representative of the
Republic, or with the previous authorisation of the Minister of Agriculture
and Public Works, are exempted from the obligation to possess at the time
of entering the country the amount stipulated by the Decree of 17 September
1923.
Certain provisions exist, concerning the proportion in which alien workers
may be employed in the industries of the country (cf. Chapter VI, § 1).
HONDURAS.—According to the Act of 1906, the only persons to be
regarded as immigrants are aliens skilled in agriculture, commerce, stockraising, arts and crafts, business, or some other kind of active occupation.
HUNGARY.—According to Decree No. 204000, dated 15 June 1925,
the only aliens who may enter the country in order to take up employment
or to establish themselves are those who have received a permit for the
purpose, a note of which must be endorsed upon their passports. Application for such permit must be made by the prospective employer to the
official employment exchange, if the alien is to be employed in industry,
commerce, or mining, or to the employment office attached to the Ministry
of Agriculture, if the alien is to be employed in agriculture or sylviculture. In all other cases application must be made to the Minister of the
Interior.
Workers employed in agriculture and forestry, as also miners and navvies,
may obtain a collective permit to enter, and this (contrary to the general
rule) without being indicated individually by name, their number only
being mentioned.
The permit to work further operates as a residence permit. It is available
for a period of one year, and may be extended at the request of the employer.
A note is endorsed upon the passport of a person passing the frontier
for any other motive than that of employment (e.g. for family affairs,
as tourists, etc.) to the effect that the holder is not entitled to accept
employment upon Hungarian territory.
An alien cannot obtain F residence permit if, without authority, he
follows a profession or occupation for which authority is required, if he is
employed upon work for which national labour greatly in excess of the
demand is available, or if the economic interests of the country call for his
expulsion.
ICELAND.—Aliens arriving in the country are required to specify the
kind of work or industry which they intend to take u p ; such work must
not be contrary to the law of the country (Act of 12 May 1920). Chapter VI,
§ 1, contains the regulations concerning the employment of aliens.
IRISH FREE STATE.—Under the terms of the Aliens Order 1925,
section 1, (2), an alien desirous of entering the service of an employer in
the Free State shall not be permitted to land unless he produces a permit
in writing for his engagement issued to the employer by the Minister of
Industry and Commerce.
MEXICO.—The Act of 12 March 1926 lays down in section 29, (1),
that persons incapable of work are inadmissible to the country.
Immigrant workers may enter only if, when they are undergoing inspection,
84
THE BIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
they produce a contract of employment in conformity with the provisions
of Mexican legislation, for a period of at least one year (section 29, (8)).
NETHERLANDS.—In general, according to the Act of 13 August 1849,
aliens are only admitted to the Netherlands if they have sufficient means
of subsistence or can procure them by means of their work. Moreover, in
accordance with Circular No. 279, C.R.A., dated 8 May 1919, supplemented
by Circular No. 345, A.B., dated 7 September 1926, Netherlands consuls
may not visa the passports of aliens coming with the intention of working
in the country until they have received the opinion of the Director of the
Official Unemployment Insurance and Employment Services, who must
himself in certain cases request the opinion of the Employment Exchange
of the district to which the intending immigrant desires to go.
East Indies.—In accordance with Royal Order No. 32 of 15 October
1915, a residence card may be refused to persons whose presence might
be harmful to the economic interests of the population, or the card may
be issued in such cases only under certain special conditions_ to be determined
by the Governor-General (section 4).
. NORWAY.—In accordance with section 2 of the Act of 22 April 1927,
an alien coming to Norway in order to seek work or to accept any kind of
employment must obtain in advance a special permit to work, which may
be accorded either for a limited or for an unlimited period, and either for
any work whatever or for specific work.
The communal authorities of the place in which the alien is to be employed
are usually consulted prior to issuing the permit.
PARAGUAY.—Act No. 691 of 31 October 1924 prohibits admission
to the country of any immigrant who cannot prove his skill in his trade or
occupation by the production of unexceptionable certificates. (Cf. Chapter I I ,
§ 1, for the definition of an immigrant.)
PORTUGAL : Colonies.—In all Portuguese colonies the admission
of domestic servants or labourers coming from foreign countries or from
another Portuguese colony, not having been engaged under a regular
contract, is prohibited. (Decree of 14 October 1914, section 90.) (Cf. under
heading (f), the provisions relating to admission of workers to Angola.)
RUMANIA.—In accordance with the Migration Act of 11 April 1925,
the Minister of Labour must draw up quarterly a table showing overcrowded occupations : alien workers following these may only be admitted
if they have special authority from the Minister of Labour. Admission
is freely permitted to individual workers not following one of the cocupations
shown in the table (section 35).
Admission is refused to persons having no definite occupation (section 36).
Collective admission of skilled workers is subject to the previous approval
of the Ministerial Departments concerned (section 42).
RUSSIA.—The Decree issued by the Council of the People's Commissaries on 28 January 1927 authorises immigration and repatriation of
agricultural workers intending to undertake work for their personal account
within the territory of the Russian Socialist Federal Soviet Republic, in
order to revive and develop agriculture in the regions where there are vast
territories which have never been exploited, or in places which are situated
far from populated centres but where lands are available. The intention
is to utilise immigrants of this class as a kind of "model labour", thus
affording an example to the local population of agricultural exploitation
organised in accordance with modern methods.
An indispensable condition for the grant of land to agricultural immigrants
CONDITIONS RELATING TO TRADE OR PROFESSION
85
and returned emigrants admitted to the territory is that they must be
organised in agricultural groups (agricultural communes, cartels, or co-operative associations) in conformity with the Statutes of the Russian Socialist
Federal Soviet Republic for the time being in force, on in compliance with
these Statutes, from the time they enter the territory. The People's
Commissariat of Agriculture, in agreement with the services concerned,
decides upon the conditions of admission of immigrants, the manner in
which they shajl be organised, their departure from abroad and their
establishment in their new place of residence (sections 1 to 3).
Individual immigration and repatriation are not allowed unless the parties
concerned come for the purpose of joining one or other of these "agricultural
communities" in conformity with the definition contained in the Agrarian
Code (section 46).
I n regions where there is no land available for distribution, admission
into an agricultural community is only permitted in the case of immigrants
or repatriated persons having relatives in that community, and if the said
community executes a document certifying that it accepts the said immigrants
as members; their establishment must also be acceded to by the local
authorities.
I n the districts where large tracts of insufficiently exploited land are
available, immigrants and repatriated persons may be admitted even if
they have no relative in the community, on condition, however, that the
other provisions set out above are respected (section 11).
SALVADOR.—Section 1 of the Decree of 23 September 1926 prohibits
admission to the country of any person incapable of work.
Section 1 of Chapter VI contains the regulations for restriction of the
employment of alien workers.
SOUTH AFRICA.—The following are not considered as prohibited
immigrants :
(a) Members of the Tegular naval or military forces ;
(b) Persons entering the Union under conditions prescribed by any law
or under any convention with the Government of a territory or
State adjacent to the Union;
(c) Persons of European descent who are agricultural workers or domestic
servants, skilled artisans, workmen or miners, if they enter the
Union under conditions which the Governor-General has approved,
but such immigrants must produce, if required, a certificate of
the person authorised to issue such certificates, to the effect that
they have been engaged to serve, immediately on arrival in the
Union, an employer of repute at adequate wages and for a period of
time not less than one year to be fixed in the said conditions.
(Immigrants Regulation Act, 1913, section 5.)
SWEDEN.—According to the Royal Ordinance of 4 September 1926,
the entry visa may only be granted to aliens who come with the intention
of working in Sweden after the Minister for Social Affairs has enquired into
the matter; the Minister will only authorise the grant of the necessary visa
in cases where admission of the alien is considered necessary. For aliens
who are required to obtain such a visa, its possession is equivalent to a
permit to accept employment in Sweden.
Immigrants who are nationals of countries with which a reciprocity
agreement has been concluded for the suppression of the visa have to apply
to the Minister for Social Affairs for a special permit if they desire to enter
Sweden for the purpose of accepting employment there. Application must
be made before undertaking the journey. An arriving alien whose passport
does not bear a note to this effect may be rejected by the frontier authorities,
unless he can give a plausible explanation of the purpose for which he has
86
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
undertaken the journey, or if there appears reason to suppose that he has
come for the purpose of accepting employment in the country.
Aliens resident in Sweden at the date when the Ordinance came into
forceare considered as being in possession of a permit to work (sections 5 to 10).
SWITZERLAND.—According to the Federal Order of 29 November
1921, supplemented by that of 7 December 1925, legations and consulates
are required to submit to the Federal Government Central Police Office
for Aliens each application to cross the frontier, with all necessary particulars, presented by an alien desirous of entering Switzerland in order to live
there or to carry on a gainful trade or profession. The applications must
be accompanied by a certificate of good character and an exact copy of the
criminal record issued by the applicant's country of origin.
The Central Office must submit the application to the Canton concerned,
which will decide if, and on what conditions, the presence of the alien may
be authorised. In cases in which the alien intends to accept employment,
the Cantonal authority must, before granting permission, consult the Cantonal
Employment Exchange. The Central Office has to decide if the alien
may cross the frontier ; in agreement with the Canton it may allow the alien
to cross the frontier before the conditions of residence have been settled.
The legations and consulates;, when they have„ received the consent
of the police authorities of the Canton to which the applicant wishes to go,
may grant a visa on their own account to seasonal workers (i.e. those coming
to work in Switzerland for the season only) and female domestic servants.
In these cases it is unnecessary to produce a certificate of good morals
and an extract of the criminal record.
The conditions of residence for every alien entering Switzerland must
be settled at the time the declaration of arrival is made. Permission to
stay or reside in the country is given by the Canton, but the Central Office
has the right to oppose the grant of such permission. If the Central Office
does not oppose the grant within one month of the date upon which it
received the application from the Cantonal authority, together with the
necessary papers, the permit is definitely granted.
An alien may not carry on a gainful profession before the expiry of the
month or before the Central Office has come to a decision in virtue of its
right of rejection. In urgent cases the Canton may grant a provisional
authorisation; in such case is must immediately notify the Central Office.
There are two cases in which the Central Office has no right of opposition :
(a) When, in view of the circumstances and the reasons for residence,
it seems probable that the alien will only remain in Switzerland for
a short time, and when he agrees in writing not to undertake or
exercise any gainful profession, the Cantonal police authorities
or the Cantonal authorities entrusted with the supervision of
aliens may issue authorisations for a limited period not to exceed
two years from the date of crossing the frontier, in which case the
Central Office cannot exercise its right of rejection;
(b) The Cantons are entitled, the Central Office having no right of
rejection, to issue authorisations for residence during the current
season to seasonal workers, and for residence during a period not
exceeding two years to female domestic servants and, since 1923,
to agricultural workers K
Reference may also be made to the conditions of employment indicated
in § 4 of Chapter VI.
U N I T E D STATES.—"Contract labourers" who have been induced
to migrate to the United States by offers of employment, or in consequence
1
This addition was made upon the motion of the Federal Council. Cf. Rapport du
Conseil Federal à l'Assemblée sur sa gestion en 1923.
CONDITIONS RELATING TO TRADE OR PROFESSION
87
of an agreement to perform labour in that country, are forbidden to enter
the United States. (Immigration Law, 1917, section 3.)
In the Act of 26 February 1885, prohibiting importation of labourers
under contract, it is stated that all contracts or agreements .
made to perform labour previous to the migration of the person whose
labour is contracted for shall be utterly void and of no effect (section 2).
Skilled labour may be imported if labour of like kind unemployed cannot
be found in the United States, the question of the necessity of importing
such skilled labour in any particular instance being determined by the
Secretary of Labour. Application for permission to do this must be
submitted in due time by the person, company or corporation seeking such
privilege to the immigration official in charge of the district within which
it is proposed to employ such skilled labour (section 3). (Cf. also Chapter VI,
§ 2 : "Recruiting".)
The immigration official in charge conducts a thorough investigation
(using contract-labour inspectors). The entire record is summarised and
submitted to the department with appropriate recommendation.
When a decision is favourable, a copy of the record is transmitted to the
port at which it is proposed the alien contract abourers shall enter. (Rule 8,
1927, Subdivision C, D, E.)
So-called "student labourers" may be admitted temporarily under contract
if engaged by employers desirous of training aliens in their establishments,
provided that such "student labourers" are admissible in every other
respect except that they migrate under contract, and provided a bond is
furnished for each such alien in the penalty of not less than 500 dollars,
guaranteeing that the alien will be employed in no other than in a student
capacity while within the United States and will leave the country immediately upon the conclusion of his course of training. (Rule 8, Subdivision F,
1927.)
The Act of 19 October 1888 promises persons who supply information
as to infringement of the regulations relating to the introduction of workers
engaged by contract a fair share of the fines collected, in no case, however,
exceeding 50 per cent, (section 1).
These regulations do not apply to the tickets or passage of aliens in
immediate and continuous transit through the United States to foreign
contiguous territory.
Professional actors, artists, lecturers, singers, nurses, ministers of any
religious denomination, professors of colleges or seminaries, persons belonging
to any recognised learned profession, or persons employed as domestic
servants are declared not to come within the scope of the "contract labour"
provisions of the Act.
Finally, nothing in the contract labour or reading-test provisions of the
Act is to prevent any alien exhibitor or holder of concession or privilege for
any fair or exposition authorised by Act of Congress from bringing into
the United States under contract such otherwise admissible alien mechanics,
artisans, agents or other employees, natives of his country, as may be
necessary for installing or conducting his exhibit under such rules and
regulations as the Commissioner-General of Immigration may prescribe.
(Immigration Act, 1917, section 3.)
URUGUAY.—The Decree of 18 February 1915 prohibits the landing
of persons of itinerant occupations or following their trade in temporary
buildings which, in the opinion of the immigration authorities, might be
dangerous to the population either on account of the trade carried on therein
or owing to lack of hygienic conditions (section 3).
According to the Act of 1890 any immigrant seeking admission must
offer proof of his skill at some kind of work in the form of a certificate
issued and authenticated free of charge by the consular agent of the Republic
in the port of embarkation (section 9).
88
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
(h)
CONDITIONS RELATING TO A G E OR S E X
Immigration laws in general tend to favour the settlement of
active elements, and t o exclude weak or useless individuals
together with those who seem likely to become a public charge.
For this reason, restrictive measures frequently have special
application to aged persons. An age-limit of sixty years is t h a t
most frequently fixed for admission; b u t exceptions are nevertheless often allowed in respect of aged persons belonging t o and
accompanying a family of admissible immigrants, or coming t o
join an immigrant family already established in the country,
aged persons who have previously resided in the country, and
those who have private means. Mention may also be m a d e
here of the circumstance t h a t descendants of immigrants just
entering a country or who have already been admitted are frequently exempted from the literacy tests applied t o immigrants
properly so called, which were dealt with under heading (e).
I n some countries minors unaccompanied by members of their
family are refused admission, a t least under a specified age
regarded as t h a t a t which they can provide for themselves by
their own labour. The minimum age-limit thus fixed sometimes
differs according to sex.
I n other cases, conditions of age are imposed not for the purpose
of determining whether individuals may enter the country, b u t
as a criterion of their eligibility to benefit by certain advantages
accorded b y the laws to immigrants regarded as of use to the
country concerned (e.g. free: transport, grants of land suitable
for settlement, etc.). Again, children accompanying their
parents are often exempted, if under a certain age, from certain
requirements imposed upon other immigrants (e.g. to furnish
proof of minimum educational attainments, of the possession
of a certain capital, etc.); mention was m a d e of these exceptions
when the obligations themselves were considered.
Special provisions are sometimes enforced in respect of the
admission of women. Apart from the police measures relating
t o questions of morality, dealt with under heading (b), the present
section refers t o a number of regulations tending t o t h e exclusion,
as elements useless to the economic life of the country, of unaccompanied women burdened with minor children, as also of
CONDITIONS RELATING TO AGE OR SEX
89
elderly women who, in certain cases, are declared inadmissible
at a less advanced age than men.
There are certain provisions relating to collective immigration
which may also be referred to here; for they fix the proportion
of males and females of which each group of workers is to consist.
As a rule, the introduction of entire families is facilitated;
however, without entering into any detailed examination of
provisions which are usually contractual and not legislative, it
may be pointed out that the policy of certain countries in respect
of the introduction of labour consists, in cases where the immigration is considered to be of a temporary nature, in giving the
preference to unmarried males, and thus tends to restrict the
immigration of females.
In § 3 of Chapter XI, where the distribution of immigrants is
considered, certain provisions are cited tending to prevent the
separation of families.
J A P A N E S E M A N D A T E D T E R R I T O R Y : South Sea I s l a n d s . —
Employers may not recruit any immigrant worker under twenty years of
age without the written consent of parents or guardians, nor any married
woman without the consent of her husband. Permission must be obtained
from the Chief Local Authority for the employment of children under
twelve years of age in manufactures utilising machinery or for dangerous
work, and for that of young persons under twenty years of age or women
for night work or work exceeding eight hours a day. (Regulation concerning
immigrant workers, dated 27 December 1918, section 4.)
ARGENTINA.—Section 10 of the Decree of 31 December 1923 lays
down t h a t persons over sixty years of age will not be admitted, even if they
have previously been resident in the country, unless they hold a special
landing permit issued by the General Immigration Office.
Children under fifteen years of age arriving unaccompanied or even in
the company of their parents must hold a birth certificate duly authenticated
by the Argentine consul ; failing this, they will be refused admission.
Women who are alone, with children under fifteen years of age, are
admitted only if they hold a special landing permit issued by the General
Immigration Office. This permit will be issued if among their children
there are some over fifteen years of age who are capable of maintaining the entire family, or if the immigrant herself has sufficient means
to provide for them. (Instruction concerning papers to be carried by travellers to the Argentine Republic, Ministry of Foreign Affairs, 1926, § I I , (9).)
Moreover, women and girls travelling alone are required to indicate upon
their arrival the person to whom they are going. The immigration authorities then ascertain if the person mentioned is of satisfactory reputation.
Female immigrants who have no person expecting them are kept on board
or in the Immigrants' Hostel until a satisfactory post has been found for
them by the Employment Office attached to the Immigration Service.
In order to avoid this waiting period, women travelling alone are advised
to carry a letter of invitation from a member of their family or an employer.
BRAZIL.—According to Federal Decrees Nos. 4247 of 6 January 1921
and 16761 of 31 December 1924, and the Circular No. C E . 124/1 of 16 January
90
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
1926, admission to the national territory is refused to aliens over sixty
years of age unless they prove that they possess sufficient means to provide
for their own maintenance or that parents or others are prepared to undertake the responsibility of providing for them and will with that object in
view deposit a guarantee with the police authorities of their place of residence (section 5 of the Circular above referred to ; cf. also in the following
section the Minas Geraes Regulations on this matter).
Women alone and children under eighteen years of age may not land in
Brazil unless they have been invited by duly authorised persons or can
prove that they follow some useful occupation or profession (idem., section 10).
CANADA.—Owing to unemployment conditions existing in Canada
the Order-in-Council of 31 January 1923 (P.C. 183) forbids the immigration
of persons of any class or occupation unless, among other things 1 they can
prove themselves to be :
(1) The wife, or child under eighteen years of age of any person legally
admitted to and resident in Canada who is in a position to receive
and care for his dependants;
(2) The father or mother, the unmarried son or daughter eighteen years
of age or over, or the unmarried brother or sister of any person
legally admitted to and resident in Canada who has satisfied the
Minister of his willingness and ability to receive and care for such
relative, provided he himself has observed the conditions under
which he was admitted to Canada.
According to the Order of 22 January 1920 (P.C. 115) the landing of
immigrant women a t any port of entry in Nova Scotia, New Brunswick
and the Province of Quebec is prohibited unless they are accompanied by
their husband, father, mother or other relative approved by the Canadian
Superintendant of Immigration in London or unless they are provided with
a "sailing permit" issued by that official.
CUBA.—The maximum age at which immigrants are allowed to land
in Cuba is sixty years, except in the case of persons who, in the opinion of
the Immigration Commission, are not likely to become a public charge.
(Decree No. 384, dated 2 March 1925, section 7.)
Cf. also under heading (b), special police measures relating to women.
FRANCE : Colonies.—The Decree of 27 March 1852 which is regarded
as still in force, laid down certain restrictions relating to the age and sex
of persons immigrating to Martinique, Guadeloupe, French Guiana, and
Reunion with the assistance of a State subsidy. As, however, the French
Government no longer grants a subsidy the provisions referred to are
actually nugatory.
According to this Decree, immigrants travelling alone, who have not
received State assistance, will only be admitted if they are at least fifteen
years of age. If between fifteen and twenty-one years they must be
introduced to the recruiting agent by their parents or guardian (section 9).
More recently a Decree dated 6 May 1903 relating to immigration to
Madagascar and one of 24 February 1920 relating to immigration to the
French Establishments in Oceania stipulate that convoys of immigrants
to these colonies may include only persons able to work. No child
may be allowed to embark unaccompanied by its parents. In the case
of Madagascar, it is stipulated that any such convoy must include at least
one-half as many women as men (section 12).
In Cambodia any Asiatic alien over fifty years of age, who is at the time
of his arrival considered unfit to earn his living or who is not claimed by a
1
Ci. Canada, under headings, (f) and (a) of present section.
CONDITIONS RELATING TO AGE OR SEX
91
relation known to the authorities of the country, may only be accepted by
one of the "congregations" if the latter undertakes to guarantee payment
to the competent authority of the taxes for which such Asiatic alien is
liable. In case of non-payment, the whole of any sums due must be
met by the congregation, no deduction being allowable. (Order dated
15 November 1919, section 8.)
GUATEMALA.—Immigrants over sixty years of age are only admitted
if they are members of a family established in the country or have arrived
in the company of a family which has come to settle there. (Immigration
Act of 1909, section 4.)
HONDURAS.—The Immigration Act of 8 February 1906 lays down
that persons over sixty years of age are inadmissible unless, being the
father or mother of a family, they have accompanied such family which
has come to settle in the country, or have come to join such family already
settled there (section 3).
MEXICO.—In accordance with the Act of 12 March 1926, male persons
under twenty-one years and female persons under twenty-five years, who
are not subject to the authority of any member of their family who is already
of full legal age, or in charge of a person of good reputation already resident
in the country, under whose guardianship they legally are and who is
responsible for their maintenance and education, are not allowed to enter
Mexico.
Aged persons who are considered likely to become a public charge are
not admitted. When they are able to prove that they are not liable to
become a public charge, their admission is subject to the consent of the
Federal Government (section 29).
NEW ZEALAND.—Where any person, not being a prohibited immigrant,
lands in New Zealand accompanied by his wife or children, such wife or
children are not deemed to be prohibited immigrants. (Immigration
Restriction Act 1908, section 16.)
PANAMA.—In order to benefit by the advantages provided for by Act
No. 32 dated 7 March 1919, immigrants must be under fifty years of age
(section 2).
Cf. also under heading (J) of the present section conditions relating to the
arrival of an established immigrant's family.
PARAGUAY.—The Immigration Act of 6 October 1903, of which the
main provisions are still in force, lays down that in order to be eligible to
benefit by the advantages provided for immigrants under the laws of the
country, an immigrant must be under fifty years of age unless he can prove
t h a t he belongs to a family able to maintain him, or that he has sufficient
private means for that purpose (section 4).
Decree No. 20173 of 24 February 1925 for the application of Act No. 691
of 31 October 1924, to amend section 14 of the Immigration Act, forbids
Paraguayan consuls to visa the passports of aged persons (over sixty years)
except such as have already in the country a son, grandson, or husband
or wife ; or those of unaccompanied women over forty years of age who come
without the support of husband, father, son or grandson capable of work.
Exceptions, however, are provided for in the case of persons whose application is supported by a special permit issued by the Department of Lands
and Colonies or by the Paraguayan legation or duly accredited national
consul in the country to which such applicants belong.
PORTUGAL : Colonies.—Admission of native workers under fourteen
years of age unaccompanied by a member of the family (father, mother,
92
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
brother, grand-parent, uncle, or aunt) is forbidden. If a child of this
description arrives in the compamy of a European or a person assimilated
to a European from the legal point of view, such child may be permitted
to land if the person in whose company he is deposits a sum of 100 escudos *
and makes a declaration in due form by which he assumes responsibility
for the care of the child. This deposit is retained until the child reaches
eighteen years of age. I t is intended to serve for the child's education and
maintenance, and for his repatriation should he be abandoned. (Section 90
of the Native Labour Decree, dated 14 October 1914.)
U N I T E D STATES.—Special regulations are made for children under
sixteen unaccompanied by or not coming to one or both of their parents.
Without prejudice to other restrictions imposed upon immigrants in general,
and which are also applicable to them, such children may be admitted on
primary examination, when the immigration officer is satisfied;
(a) That they are in good mental and physical condition; (b) that while
abroad they have not been the objects of private charity ; (c) that
they are going to near relatives who are able and willing to support
and properly care for tliem; (d) that it is the intention of such
relatives to send such children to day-school until they reach the
age of sixteen; and (e) that they will not be put to work unsuited
to their years; or
(a) That the child is to attend a designated reputable institution of
learning for which provision has been made in advance ; or (b) t h a t
the child is merely in transit, and the person accompanying such
child will convey him through and out of the United States; or
(c) that the child is to make a temporary visit to his relatives.
In cases where all the above conditions are not met, but the immigration
officer on primary examination is satisfied that the applicant is admissible,
the case may be referred to the immigration officer in charge, and if he is
likewise satisfied of the applicant's admissibility, the case may be disposed
of on primary examination; otherwise it shall be referred to a board of
special enquiry. (Immigration Rules, 1 March 1927, Rule 3, subdivision N.)
Moreover, as has been seen in § 1, ( a), of the present chapter, the provision
relating, to the application of the annual quota of each nationality favour
the members of United States citizens' families.
URUGUAY.—In accordance with the Decree of 15 February 1915,
persons of sixty years of age are refused admission unless they come as the
head and in the company of a family, and can prove their relationship or
can prove before embarkation that they have relatives in Uruguay who
are able and willing to support them (section 4).
VENEZUELA.—Admission to the national territory is refused to persons
under sixteen years of age unless they are accompanied by an adult or are
taken charge of by a resident (Aliens Act of 23 July 1925, section 13).
Individuals over sixty years of age are not admitted unless, being the father,
mother, grandfather, or grandmother, they accompany their family or
come to rejoin it. (Act of 26 June 1918, section 9.)
(i)
P H Y S I C A L CONDITION
The object of the provisions considered in the present subsection is twofold. I n the first place it is desired t o prevent the
1
One Portuguese escudo = approximately 2td.
PHYSICAL CONDITION
93
admission of persons incapable of work on account of infirmity, i.e.
physical deformity or physical or mental disease, since individuals in such condition constitute for the country receiving
them elements which, in addition t o being useless, may one day
become a public charge, either because their condition necessitates
their admission to hospital or because they may be reduced t o
living upon charity.
I n cases where such persons possess private means sufficient
for their maintenance, or if members of their family undertake
t o assist them, they are nevertheless admitted in almost all
countries of immigration.
The same often applies to sick aliens having retained their
domicile in the country of immigration, which they desire t o
re-enter after a period of absence.
Secondly, certain provisions tend to the exclusion of persons
suffering from disease, who constitute a risk of infection to the
inhabitants of the country or a danger t o the race if they marry
nationals of the country. There are two possibilities between
which a distinction may be drawn, as follows : individuals suffering from acute illness may be prevented from entering the country
during t h e period of their sickness; it is in this spirit t h a t quarantine precautions have been established in the various ports in
respect of passengers carried by a vessel whose sanitary condition
may be regarded as dangerous, in view of the region from which
she comes or of the ports a t which she has touched. This is a
measure of hygienic policy which affects all travellers, whether
immigrants or not.
There are, however, other individuals who are regarded as
definitely inadmissible : i.e. persons who are suffering from
certain chronic contagious diseases. Lists of such diseases appear
in m a n y of the immigration laws; and of late years special
attention has been paid to diseases which might have a degenerative effect upon the race.
I n order t o ascertain the condition of health of newcomers,
a medical certificate made out in accordance with the regulations
in force is frequently required, either b y the national representative abroad before the necessary visa is issued, or at the frontier
of t h e country of immigration. This certificate may either be
replaced by or supplemented by a medical examination; examination on these lines is sometimes effected at the place of departure,
94
THE BIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
but more frequently takes place when the immigrant is passing
the frontier of the country of immigration. Examination at the
place of departure is, moreover, often only of a preliminary nature,
and does not exclude the possibility of a contrary decision being
arrived at by the Examining Committee at the place of entry.
Detailed explanations relative to such examinations will be found
in Chapter VIII.
BRITISH MANDATED TERRITORIES : Palestine.—By the Immigration Ordinance, 1925, it is provided that permission to enter Palestine
may not be granted to a person who :
(a) Is a lunatic, idiot or mentally deficient; or
(b) Is suffering from any disease -which is declared by Regulations made
under the Ordinance to be such as to disqualify him from entry
into Palestine, or
(c) Refuses to comply with the requirements of any Regulations made
under the Ordinance in the interests of public health (sections 5,
(la), (1À), (li)).
The Regulations made by the High Commissioner under the Ordinance
prohibit the entry into Palestine of any person who :
(a) Is suffering from epilepsy, leprosy, syphilis, active tuberculosis or
any other disease which in the opinion of a medical officer of the
Government renders or is likely to render him a danger to the
health of the community ; or
(b) If suffering from any infectious or contagious disease, other than
those referred to above., refuses to submit to isolation and treatment in hospital at his own expense until cured and free from infection; or
(c) If failing to produce evidence of having been successfully vaccinated
against smallpox within a period of seven years prior to the date
of his arrival, refuses to be vaccinated; or
(d) If required by a medical officer of the Government to submit to
inoculation against any disease, refuses to be inoculated; or
(e) If required by an immigration officer or a medical officer of the
Government to undergo disinfection of his person or personal
effects at his own expense, refuses to undergo such disinfection; or
(f) If required by an immigration officer or a medical officer of the
Government to undergo a period of medical observation or detention in a quarantine lazaret, refuses to undergo such period
of observation or detention.
Tanganyika.—By the Immigration Ordinance, No. 16 of 1924, the immigration is prohibited of idiots or lunatics, or of any person certified by a
medical officer to be suffering from a contagious or infectious disease which
makes his entry into the Territory dangerous to the community. An immigration officer may, with the consent of the medical officer, grant a licence
to a n immigrant suffering from a contagious or infectious disease to remain
in the Territory for the purposes of treatment, subject to such conditions
as the medical officer may deem necessary for the protection of the community. On the conclusion of his treatment, or at such earlier time as may
be specified in the licence, the immigrant shall present himself in person to
the immigration officer for examination (sections 5, 9).
J A P A N E S E MANDATED TERRITORY : South Sea Islands.—
In accordance with Order No. 1, dated 2 February 1925, the Chief of the
PHYSICAL CONDITION
95
Legal Administrative Office may prohibit the landing of aliens suffering
from mental deficiency or disease, or from a disease which is contagious or
dangerous to the public health (section 1, (5), (6)).
NEW ZEALAND MANDATED TERRITORY : Western Samoa.—
The landing in Western Samoa is prohibited of any person, other than a
permanent resident, who is of unsound mind or affected by venereal disease,
tuberculosis or leprosy, and if the Administrator hears that such a person
is about to arrive from beyond the sea,he may prohibit his landing. (Immigration Consolidation Order, 1924 (sections 5 (1), 13 (1«), 13 (lc).)
SOUTH AFRICAN MANDATED TERRITORY : South-West
Africa.—The immigration is prohibited of any person who is afflicted
with leprosy or with any such infectious, contagious or loathsome disease
as is defined by the regulations. No person suffering from tuberculosis
may enter the Territory unless he has a permit of entry.
The immigration is likewise prohibited of any person who is deaf and dumb,
or deaf and blind, or otherwise physically afflicted, unless in any such case
he, or the person accompanying him, or some other person, gives security
to the satisfaction of the Administrator for his permanent support in
thej Territory or for his removal therefrom whenever required by the
Administrator. (Immigrants Regulation Proclamation, No. 23 of 1924,
section 1,(1).)
By the Immigration Regulations, 1924, Regulation 18, the following
are declared to be excludable diseases : leprosy, trachoma, favus, framboesia
or yaws, syphilis, scabies.
ARGENTINA.—Section 10 of the Decree of 31 December 1923, for the
application of the Immigration Act, No. 817 of 1876, prohibits the admission
of persons showing symptoms of tuberculosis, leprosy, or trachoma in any
form, whether healed or not, or of any other chronic defect which may
lessen their capacity for work; and of persons suffering from dementia or
mental disease in any form whatsoever : idiocy, imbecility, epilepsy, etc.,
and of persons having any organic defect or blemish, whether congenital
or acquired, and whether total, or partial, which makes them useless or in
any way whatever lessens their capacity for work : e.g. persons who are
blind, deaf and dumb, or paralytics, and persons suffering from rachitis;
dwarfs, one-armed persons, and those disabled in one leg or afflicted in
any other manner which would make it impossible to consider them as
completely fit for work.
A medical certificate is not required of immigrants in all countries before
the visa can be issued, nor is such a certificate of any use to ensure admission
to the country. A circular addressed to Argentine consuls dated 18 August
1925 recalls the fact t h a t a satisfactory medical examination upon arrival
can alone ensure permission to land, as it enables the condition of health
of the person seeking admission to be ascertained a t the time of his arrival.
Nevertheless, in countries where trachoma is rife, Argentine consuls were
instructed by a Circular dated 6 February 1925 to require intending
emigrants to furnish two medical certificates, one of these to be obtained
from an oculist who would be able to distinguish any existing symptoms of
trachoma.
AUSTRALIA.—The Immigration Act, 1901-1925, prohibits the entry
into the Commonwealth of the following persons : those not possessed
of the prescribed certificate of health ; those suffering from a serious transmissible disease or defect, from pulmonary tuberculosis, trachoma, or from
any loathsome or dangerous communicable disease; those suffering from
any disease or mental or physical defect which is liable to render the person
concerned a charge upon the public or upon any public or charitable institution; idiots, imbeciles, feeble-minded persons, epileptics, persons suffering
96
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
from dementia, and persons who have been insane within five years previously, or who have had two or more attacks of insanity; any person
suffering from any disease, disability, or disqualification which is prescribed
(section 36, 3c, 3d, 3e, 3/, 3g).
An immigrant is deemed to bis a prohibited immigrant if within three
years of his entering the Commonwealth he is found t o be suffering from or
affected with any disease mentioned in the Act or regulations, unless it is
proved that he was free from the disease at the time he entered the Commonwealth (section 5).
Papua.—The Immigration Restriction Ordinance, No.2 of 1908, prohibits
the admission to the country of any idiot or insane person (section 2, (3)).
The immigration of persons suffering from any loathsome, contagious,
infectious or dangerous disease is likewise prohibited (section 2, (4)).
B E L G I U M : Congo.—The following are considered as undesirable
persons and may not enter the territory :
(a) Persons not in full possession of their mental faculties;
( b) Persons suffering from epilepsy or from a loathsome or contagious
disease : trachoma (granulations palpébrales), fa vus, framboesia,
syphilis, scabies, or from active tuberculosis or any epidemic
disease ;
(c) Infirm persons who are likely to become a public charge.
A medical certificate of recent date testifying t h a t the immigrant shows
no symptoms of any of the diseases enumerated is demanded. Aliens already
in the Congo who seem likely to be suffering from one of these diseases
may be required to undergo medical examination by a medical officer
indicated by the Government. (Decree dated 20 January 1921 and Administrative Ordinance relating to human tuberculosis dated 7 August 1921 ;
Legislative Ordinance dated 8 March 1922, section 2, with Executive Ordinance relating to Immigration and Official Opinion upon Conditions of
Admission to the Belgian Congo.)
BOLIVIA.—By the Act of 12 January 1924 admission to Bolivian territory is forbidden to persons suffering from any contagious disease, idiots,
persons afflicted with any other form of mental trouble, epilepsy, or chronic
alcoholism, paralytics, infirm, blind, deaf and dumb, or disabled persons
when these are likely to become a public charge. These provisions are
only applicable to aliens not having legal domicile in Bolivia.
Any person desiring to enter the country is required to produce a certificate of vaccination against smallpox and a document testifying that he
is in a satisfactory state of health ; the latter must be drawn up by the competent Bolivian consul in accordance with a doctor's certificate. Any
person entering Bolivia without suidi document in his possession and coming
under any of the prohibited categories above mentioned is ordered to leave
the territory immediately.
BRAZIL.—Federal Decree No. 4247 relating to immigration, dated
6 January 1921, prohibits the admission to Brazil of any alien who is mutilated, disabled, blind, suffering from mental disease or from a serious
incurable or contagious disease ; nevertheless, such persons (with the exception of such as are suffering from serious contagious disease) may be freely
admitted to the country if they can prove that they have sufficient means
to provide for their maintenance, or if relatives or other persons are prepared
to guarantee their maintenance by signing a declaration to that effect
in the presence of the police authorities. A medical certificate is required.
The State of Minas Geraes, by a Regulation relating to Immigration
Services approved by Decree No. 6990 dated 24 September 1925 (section 3),
adopts the whole of the foregoing stipulations, adding, however, t h a t each
family must include a proportion of one individual who is healthy and
97
PHYSICAL CONDITION
capable of work for every disabled individual admitted, or for every two
individuals over 60 years of age.
CANADA.—Persons afflicted with tuberculosis in any form, or with
any contagious or infectious disease which may become dangerous to the
public health, are forbidden to enter the country, whether such persons
intend to settle in Canada or only to pass through Canada in transit to some
other country. If, however, such disease is one which is curable within
a reasonably short time, such persons may, subject to the regulations, be
permitted to remain on board ship if hospital facilities do not exist on shore,
or to leave the ship for medical treatment.
The following persons are excluded from Canada : those suffering from
chronic alcoholism; those of constitutional psychopathic inferiority; idiots,
imbeciles, feeble-minded persons, epileptics, insane persons and persons
who have been insane at any time previously; immigrants who are dumb,
blind or otherwise physically defective; persons who upon examination
by a medical officer are certified as being mentally or physically defective
to such a degree as to affect their ability to earn a living, unless in the
opinion of a Board of Enquiry, or an officer acting as such, they have sufficient money, or have such legitimate mode of earning a living, that they
are not liable to become a public charge, or unless they belong to a family
accompanying them or already in Canada, and which gives security satisfactory to the Minister against such immigrants becoming a public charge.
(The Immigration Act, 1910-1924, sections 3a, 36, 3c, 3k, 31, 3m.)
It is unlawful for any transportation company to bring such an immigrant
to Canada, and the company is liable to a fine in respect of each immigrant
so brought if it can be shown that the existence of the disease, defect or disability might have been detected at the port of embarkation by a competent
medical examination. (Idem, section 48 (3), (4).)
On arrival in Canada immigrants are required to undergo medical examination for the purpose of ascertaining that their state of health is not such
as to become a danger to public health or to make them a public charge.
(Idem, section 28.)
CHILE.—Immigrants appearing to come under one of the categories
of disease indicated in subsection 2 of section 110 of the Chilian Sanitary
Code (incurable diseases or incurable organic affections) are refused
admission.
COLOMBIA.—Admission is prohibited to immigrants coming under
any of the following descriptions :
(a) Persons suffering from chronic or contagious diseases such as tuberculosis, trachoma, leprosy, or any form of sickness calling for
quarantine. Persons suffering from acute, serious or contagious
illness will be placed in quarantine, and must themselves defray
the cost of medical aid;
(b) Persons suffering from mental disease, including those suffering
from feeble-mindedness, mania and paralysis, chronic alcoholism,
ataxia, idiocy, cretinism;
(c) Cripples whose physical infirmities render them unable to work.
Nevertheless, persons coming under (b) and (c) above may be admitted
if they belong to a family of immigrants the other members of which enjoy
good health and are able to work.
Similarly, aliens resident in Colombia are exempt from these provisions
when returning to the country after an absence abroad not exceeding three
years.
I n order to obtain the necessary passport visa, a medical certificate must
be submitted to the Colombian consul, and the passport must indicate the
holder's state of health. (Decree No. 48, dated 3 November 1920.)
7
98
THE BIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
COSTA RICA.—In accordance with the Act of 24 November 1905
and t h a t of 5 June 1906, admission is refused to lunatics, idiots, imbeciles,
the blind, deaf-mutes, persons suffering from leprosy, bubonic plague,
yellow fever, tuberculosis or any other contagious or infectious disease,
also to persons incapacitated for work. These provisions notwithstanding,
blind persons, deaf-mutes, imbeciles and defective persons may be allowed
to enter if indubitable proof can be offered that they have sufficient
means of existence.
According to the Decree of 16 March 1927, a medical certificate must
be submitted before a passport can be visaed; and port medical officers
may not allow persons to land who are not in possession of such certificate.
Moieovei, if the health of an arriving traveller gives rise t o any doubt,
such officers must themselves examine the person concerned. This provision does not, however, apply to aliens already established in the country,
and returning after an absence abroad.
CUBA.—Immigrants who aie idiots, imbeciles, or persons affected
with a loathsome, serious or contagious disease are excluded. (Order
No. 155 of 15 May 1902, section 1.)
ECUADOR.—In accordance with the Aliens Act of 18 October 1921,
the following are excluded : lunatics and idiots, and persons suffering
from incurable disease, if they are incapable of earning their living or may
in accordance with the laws emd sanitary regulations be regarded as
dangerous to the public health (section 22).
FRANCE.—Certain recent provisions are drafted with the intention of
exercising State supervision over immigrants' health. In accordance with
a Circular dated 15 February 1927 and subsequent instructions to diplomatic
and consular representatives, all written engagements or contracts of employment must be accompanied by a medical certificate bearing the French
consular visa; this certificate must be obtained from a doctor approved
and chosen by the consul so as to afford every possible guarantee to t h e
French authorities.
The certificate is to be made out in accordance with the results of a medical
examination, which must show not only the physical litness of the person
in question for the work which will be required of him, but also the absence
of certain specific diseases; it must also certify t h a t certain precautions
have been taken in accordance with instructions issued by the French
Higher Council of Public Health. These instructions are to the effect that
the Certificate shall only be given when, as a result of examination, it has
been ascertained :
(a) That the applicant is not afflicted with any form of mental disease,
epilepsy or blindness, and is not a deaf-mute (in case of doubt,
an enquiry shall be undertaken and the applicant may be required
to sign a declaration) ;
(b) That the applicant is not addicted to any form of toxicomania,
more especially alcoholism;
(c) That the applicant is not suffering from any infectious disease
in an active state (leprosy, trachoma, and — in so far as they are
contagious in character — tuberculosis, venereal diseases, and
parasitic or microbio diseases);
(d) That the applicant has been duly vaccinated against smallpox and
cleansed from vermin, if these operations were called for.
The consular visa is issued frei; of charge, but the immigrant must pay
the doctor's fee. Consuls are required to see t h a t such fees are on a
moderate scale.
Colonies.—West Africa. In accordance with section 1 of the Decree
of 24 January 1925, an alien, in order to be allowed to land, must produce
PHYSICAL CONDITION
99
a medical certificate of recent date issued by a doctor duly accredited by
the authorities of the alien's country of origin; this document must be
authenticated by a French consul, and must testify that the applicant is
not suffering from any contagious disease.
The Decree of 5 March 1927 further stipulates t h a t travellers of whatever
nationality whose country of origin is a colony or protectorate or a mandated territory must upon arrival comply with any special prophylactic
measures which may be ordered in regard to them under any circumstances
by Decree of the Governor-General in Permanent Committee of the Government Council.
G R E A T BRITAIN.—Under the Aliens Order, 1920, section 1, an alien is
not allowed to land if he is a lunatic, an idiot, mentally deficient or if he
is the subject of a certificate given by a medical inspector to the effect t h a t
for medical reasons it is undesirable that the alien should be permitted
to land.
Colonies.—In most of the British colonies the immigration is prohibited of idiots, imbeciles and persons who are mentally defective, of persons
suffering from contagious or communicable diseases, and of persons who
are deaf, blind or infirm. Generally the prohibition is complete, but in
some cases the entry of such persons is permitted if security can be given
t h a t they will not become a charge on the public funds.
The following colonies prohibit the entry of persons who are idiots, insane
or mentally defective : Bermuda : Immigration Act, No. 58 of 1902, section 4.
Fiji : Immigration Restriction Ordinance, No. 2 of 1909, as amended by
No. 7 of 1917,section5 (d). Gambia: Immigration Restriction Ordinance,
No. 12 of 1924, section 5 (b). Gold Coast : Immigration Restriction Ordinance, No. 9 of 1925, section 5(b).
British Honduras: Immigration of
Undesirable Persons Ordinance, No. 20 of 1921, section 5 (Id).
Jamaica:
Immigration Restriction Law, No.36ofl919,section4f& / ). Leeward Islands :
Aliens Admission Regulation Act, No, 13 of 1922, section 4 (3). Nigeria :
Immigration Restriction (Amendment) Act,No. 31 of 1924, section 3. Nyasalaria : Immigration Ordinance, No. 17 of 1Ö22, section 4 (h).
Northern
Rhodesia .-Immigrants Regulation Proclamation, No. 15 of 1915, section 2 (7).
Southern Rhodesia : Immigrants Regulation Act, No. 7 of 1914, section 2 (7).
Sierra Leone : Undesirable Persons (Prevention of Immigration) Ordinance,
No. 17 of 1924, section 4 (b).
Somaliland: Immigration Restriction
Ordinance, No. 4 of 1924, section 6 (b). Straits Settlements : Passengers
Restriction Ordinance, No. 169 of 1919, section 1 (a). Uganda : Immigration
Restriction and Removal of Undesirables Ordinance, 1913, section 2 (3).
Zanzibar : Immigration Regulation and Restriction Decree, No. 8 of 1923,
section 2 (/2).
In Nyasaland, and Northern and Southern Rhodesia the admission of
idiots or persons who are mentally defective is permitted if they are accompanied by someone who will give satisfaction to the Government t h a t
they will not become a public charge. (Nyasaland; idem, section 4 (h).
Northern Rhodesia : Idem, section 2 (7). Southern Rhodesia : idem, section 2 (7)).
The laws of certain colonies provide that any person bringing into the
colony persons who are mentally defective, idiot, or insane shall be liable
to pay the Government all expenses incurred through their maintenance
and deportation. (Gambia : idem, section 13 (3). Gold Coast : idem,
section 14 (3). Nigeria : idem, section 8. Sierra Leone : idem, section 12 (2).
Somaliland: idem, section 15 (3). Zanzibar: idem, section 13.)
The immigration of epileptics is prohibited in Jamaica,
Nyasaland,
and Northern and Southern Rhodesia, but in Nyasaland, and Northern and
Southern Rhodesia, as in the case of idiot and feeble-minded persons, their
admission is possible if they are accompanied by someone who will give
security t h a t they will not become a public charge. (Jamaica : Immigration
100
THE EIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
Restriction Law, No. 36 of 1919, section 4 (b).
Nyasaland : Immigration
Ordinance, No. 17 of 1922, section 4 (h). Northern Rhodesia : Immigrants
Regulation Proclamation, No. 15 of 1915, section 2 (7). Southern Rhodesia :
Immigrants Regulation Act, No, 7 of 1914, section 2 (7).)
Persons who are blind, deaf, dumb or suffering from some physical infirmity are forbidden to enter the following colonies : Bermuda : Immigration
Act, No. 58 of 1902, section 4; Nyasaland : Immigration Ordinance, No. 17
of 1922, section 4 (h) ; Northern Rhodesia : Immigrants Regulation Proclamation, No. 15 of 1915, section 2 (7); Southern Rhodesia : Immigrants Regulation Act, No. 7 of 1914, section 2 (7).
Exceptions may be made as in the above cases in Nyasaland, Northern
and Southern Rhodesia, to persons: for whom support is guaranteed.
The laws of several British colonies prohibit the immigration of persons
suffering from loathsome, contagious, communicable or dangerous diseases.
(Federated Malay States : Passengers Restriction Ordinance, No. 6 of 1922,
section 8 (Id). Fiji : Immigration Restriction Ordinance, No. 2 of 1909
as amended by No. 7 of 1917, section 5 (lc). British Honduras : Immigration
of Undesirable Persons Ordinance, No. 20 of 1921, section 5 (le). Jamaica :
Immigration Restriction Law, No. 36 of 1919, section 4 (c), 4 (d). Nyasaland : Immigration Ordinance, No. 17 of 1922, section 4 (g).
Northern
Rhodesia : Immigrants Regulation Proclamation, No. 15 of 1915, section 2 (8).
Southern Rhodesia : Immigrants Regulation Act, No. 7 of 1914, section 2 (8).
Uganda : Immigration Restriction and Removal of Undesirables Ordinance,
1913, section 2 (4). Zanzibar: Immigration Regulation and Restriction
Decree, No. 8 of 1923, section 2 (/ 3). )
In Bermuda by the Immigration Act, No. 11 of 1920 (section 1), any
passenger who appears to the immigration officer to be suffering from any
loathsome or contagious disease may not be accorded the exemptions granted
to certain passengers under the Act (cf. Chapter I I , § 1).
In Jamaica and Northern and Southern Rhodesia special provisions are
made for persons suffering from tuberculosis. I n Jamaica their immigration is specifically prohibited, but they may be given permission to
enter if they can satisfy the Governor that they are visiting the Island for
the purpose of being treated for the disease, and have the means of maintaining themselves while in the Island. (Jamaica : Immigration Restriction
Law, No. 36 of 1919, section 4 (a).) I n Northern and Southern Rhodesia
a person suffering from tuberculosis may be given a permit to enter the
territory.
(Northern Rhodesia : Immigrants Regulation Proclamation,
No. 15 of 1915, section 2 (8). Southern Rhodesia: Immigrants Regulation
Proclamation, No. 17 of 1914, section 2 (8).)
I n the Leeward Islands an alien may be refused permission to land in
the Colony if he is the subject of a certificate delivered by the Medical
Officer of Health that for medical, reasons he should not be permitted to
land. (Aliens Admission Regulation Act, No. 13 of 1922, section 4 (4).)
The entry of immigrants may be prohibited if, through their physical
or mental state, they are likely to become a public charge; thus, in the
Bahamas and Barbados, any person, other than a resident, who is unable
by reason of physical or mental infirmity to maintain himself and is likely
to become chargeable to the Colony, is prohibited from landing unless some
person resident in the Colony undertakes to pay any charges incurred by
the Government on behalf of such person within a specified time (three
years in the Bahama Islands, and five years in Barbados). (Bahamas :
Immigrant Paupers (Prevention) Act, 1908, section 4. Barbados : Immigration of Paupers (Prevention) Act, No. 29 of 1909, section 2 (1), 2 (4).
I n Barbados, by the Lepers Act, 1904 (sections 14, 15), no leper who is
not a native of the Island or lawfully domiciled there is permitted to land,
but the Governor may make an exception in favour of a leper if two householders enter into a bond of £200 that the person shall not wander about
begging or become chargeable to time public funds of the Colony.
In North Borneo, by the Decrepit and Destitute Aliens Ordinance, No. 1
PHYSICAL CONDITION
101
of 1915, it is provided that permission shall not be granted to any "decrepit
alien" to land, and a "decrepit alien" is defined as any person, not being
a native-born inhabitant of the State or child of a native-born inhabitant,
who by reason of mental affliction or physical loss is permanently
incapacitated from earning his own livelihood, and is without visible
means of decently maintaining himself and his dependants.
I n the Federated Malay States, the boarding officer may prevent the
landing of any person, not born in the Federated Malay States, who is found
to be diseased, maimed, blind, idiot, lunatic or decrepit, not having means of
subsistence and who may be hindered by his diseased, blind or disabled
state from earning a livelihood. (Passengers Restriction Ordinance, No. 6
of 1922, section 8 (la).)
In Jamaica, the immigration is prohibited of any person who is suffering,
from any disease, or mental or physical defect not otherwise specified,
which from its nature in the opinion of the health officer renders him
unable or unfit to earn a living by work, or liable to be a charge on the funds
provided for the relief of the poor. (Immigration Restriction Law, No. 36
of 1919, section 4 (e), 4 (f).)
GREECE.—Admission is refused to persons suffering from mental
affections or contagious diseases, but exceptions are made in favour of
persons having Greek relations who come for the purpose of obtaining
medical treatment. (Act No. 3275 dated 24 January 1925 and Ordinance
of 23 June 1927, section 4 (1).)
HONDURAS.—In accordance with section 4 of the Immigration Act
of 8 February 1906, admission to the country is refused to immigrants
not enjoying good health. The Aliens Act of 4 February 1926 (sections 43-46)
declares t h a t the Government has power to refuse admission to any alien
for reasons of social hygiene.
HUNGARY.—An alien cannot obtain a residence permit if he or a
member of his family is suffering from a serious contagious disease. A
medical certificate is required before the permit can be issued. (Ordinance
relating to conditions of residence for aliens,, dated 25 April 1925, and
Decree No. 45741/1, dated 5 June 1925.)
ICELAND.—Aliens suffering from a disease declared by the medical
authorities to be contagious are refused admission to the country. (Act
of 12 May 1920.)
IRISH F R E E STATE.—According to the Aliens Order, 1925, section 1 (2), leave shall not be given to an alien to land in the Irish Free State
who is a lunatic, idiot or mentally deficient or who is the subject of a certificate given to the immigration officer by a medical inspector that for medical reasons it is undesirable that the alien should be permitted to land.
JAPAN.—According to Ordinance No. 1 of 24 January 1918, persons
suffering from an acute contagious disease or from any other affection dangerous to the public health, as also feeble-minded persons and lunatics, may
be refused admission (section 1).'
Formosa.—Section 10 of Ordinance No. 68 of 24 September 1904,
as amended by Ordinance No. 25 of 1915 and No. 198 of 1920 relating to
Chinese workers, forbids transport agents to issue a transport certificate
to persons who are infirm as a result of disease or from any other cause.
MEXICO.—In accordance with section 2 of the Migration Act of 12 March
1926 the following classes of persons are refused admission : persons incapable of work, suffering from rachitis or those who are disabled (one-armed,
102
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
lame, hunchbacked, paralytic, blind, or crippled in any other way). Nevertheless such persons may be admitted with the consent of the Federal
Government if it is shown that th.ey will not become a public charge.
The Sanitary Code, promulgated on 27 May 1926, prohibits admission
to the territory to aliens coming under the following categories :
(a) Persons suffering from bubonic plague, cholera, yellow fever, any
from of meningitis, typhoid fever, exanthematous typhus, erysipelas, measles, scarlatina, smallpox, diphtheria, infantile poliomyelitis or paralysis, acute adult spinal paralysis, acute or subacute polioencephalitis or any other acute disease regarded. as
transmissible ;
(b) Persons suffering from tuberculosis, leprosy, beriberi, trachoma,
scabies, chronic infantile encephalitis, fUariosis or any other
chronic disease regarded, by the authorities as contagious;
(c) Epileptics and lunatics ;
(d) Persons addicted to chronic alcoholism or suffering from toxicomania.
Later regulations may determine cases in which exceptions may be
made in favour of individuals coming under (b) and (c), or of minor children
of parents, or the wife of an alien already residing in Mexico who may be
sent for by such residents.
Suspected cases are kept under observation upon arrival. All immigrants have to undergo vaccination against smallpox unless they
present a certificate showing that they have been so vaccinated less t h a n
five years previously ; this certificate must be issued by a qualified doctor
and must bear the visa of a Mexican consul (sections 72 and 77).
NETHERLANDS : Dutch Indies.—Royal Order No. 32 of 15 October 1915 lays down in section 1 that, unless the Governor-General decides
otherwise, a residence permit shall not be issued to persons suffering from
mental affections (insanity or idiocy), those suffering from a contagious
disease, nor to those who, on account of their physical condition, might
become a public charge. These provisions do not apply to persons possessing a card of admission.
NEWFOUNDLAND.—An alien is prohibited- from landing if he is a
lunatic or an idiot or if, owing to any disease or infirmity, he appears likely
t o become a charge upon the rate«, or otherwise a detriment to the public.
(Consolidated Statutes of Newfoundland, 1916, Chapter 77 ("Of Aliens
and Immigration"), section 1 (3b).)
No sub-collector of customs, or other officer charged with the
duty of carrying out the provisions of the law may allow a Chinese person
to land who is : (a) an idiot or insane, or (b) suffering from any
loathsome, infectious or contagious disease. (Consolidated Statutes of
Newfoundland, 1916, Chapter 79 ("Of the Immigration of Chinese Persons"),
section 5 (b), (d).)
N E W ZEALAND.—No person who is an idiot or insane or is suffering
from a loathsome or dangerous contagious disease is permitted to land.
(Immigration Restriction Act, 1908, section 4 (b), (c).)
PANAMA.—By the Immigration Act of 1914, admission is refused to
lunatics, dangerous maniacs, idiots, persons suffering from tuberculosis,
leprosy, epileptics and in general to any person suffering from a loathsome
or contagious disease.
In accordance with section 9 of the Decree of 1 March 1916, admission
is also refused to aliens suffering from any physical defect which, in the
opinion of the sanitary authorities in the port of arrival, might Tender
PHYSICAL CONDITION
103
them incapable of earning their living, unless they can prove that they
possess satisfactory means of support.
Decree No. 45 of 19 August 1925 requires all immigrants making application for the passport visa in order to enter Panama to submit a medical
certificate stating that they are not suffering from any contagious disease
(section 7d).
PARAGUAY.—Admission is refused to persons suffering from leprosy,
trachoma or tuberculosis in any form; persons who are infirm and those
suffering from any disease or organic defect rendering them incapable of
earning their living; persons suffering from disablement of any kind, the
blind, mutes, persons suffering from mental disease in whatever form, and
those showing signs of confirmed alcoholism. Consuls are not allowed
to visa the passports of such persons. (Act No. 691 of 31 October 1924,
amending section 14 of the Immigration Act, 1903, and Decree dated
24 February 1925 for the enforcement of the preceding Act.)
PERU.—Admission to Peruvian territory is refused by Act No. 4145
of 22 September 1920 to lunatics, idiots, persons suffering from incurable
diseases or incapable of earning their living and persons suffering from
any disease considered by the law to be dangerous to the public health.
POLAND.—Permission to enter and reside in the country is not accorded
to, or may be withdrawn at any time from, aliens considered undesirable
from the point of view of public health. (Ordinance of 13 August 1926.)
RUMANIA.—Immigration is not allowed in the case of persons suffering from a contagious disease. (Act of 11 April 1925, section 36.)
SALVADOR.—The Decree of 23 September 1926 prohibits the admission of persons suffering from hydrophobia, leprosy, typhus, ankylostomiasis, syphilis, tuberculosis, trachoma OT mental diseases, and of disabled
persons (sections 1 and 3).
SIAM.—In accordance with section 5 (2), (3), of the Act of 11 July 2470
of the Buddhist Era (corresponding to 1927), admission to the country
is refused to persons suffering from any of the diseases specified in the
Regulation. These according to the Notification of 27 July 2470 (1927)
are the following : leprosy, trachoma, tuberculosis, and venereal disease
of any kind. Admission is also refused to persons whose physical or mental
infirmities render them incapable of earning their living, unless they possess
sufficient private means or some other person undertakes to support them ;
and to persons who have not recently been vaccinated and refuse to undergo
vaccination upon arrival in accordance with the Regulation of 21 July 2470
(1927). Persons belonging to any of these categories of inadmissible persons
are either placed in hospital or rejected immediately as the medical inspectors see fit (section 6 of the Act).
. S O U T H AFRICA.—The Immigrants Regulation Act of 1913 prohibits
the entry into the country of any person who is afflicted with leprosy or
with any infectious, contagious or loathsome or other disease as specified
in the Regulations, and any person suffering from tuberculosis unless he
is in possession of a permit to enter the Union (section IV (h)).
Such
person must be removed, if found within six months from the date of
landing t o be suffering from tuberculosis (section X I X , as modified by the
Act 37 of 1927). The Governor-General may declare any disease to be
such that any person suffering from it becomes a prohibited immigrant
(section 26 (f)).
By Regulation 17 the following is the list of such diseases a t present in
force : leprosy, trachoma, fa vus, framboesia or yaws, syphilis, scabies.
1Q4 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
Permits issued to persons afflicted with tuberculosis are issued only
at the ports of Cape Town and Durban. Every such permit is issued subject
to such special conditions as may be prescribed in each case (Regulation 18).
Other persons excluded are idiots or epileptics, persons who are insane
or mentally deficient, persons who are deaf and dumb, blind, or otherwise
physically afflicted, unless security is given for their permanent support
in the Union or for their removal therefrom whenever required by the
Minister (section 4, (g)).
TURKEY.—By section 2 of Act No. 885 dated 31 May 1926, admission
is refused to persons suffering from syphilis in an infectious stage, lepers,
and members of their family.
U N I T E D STATES.—Under section 3 of the Immigration Act, 1917,
the following are forbidden to land in the United States :
Any person afflicted with tuberculosis in any form, or with a loathsome
or dangerous contagious disease; idiots, imbeciles, feeble-minded persons,
epileptics, insane persons; persons who have had one or more attacks
of insanity a t any time previously; persons of constitutional psychopathic
inferiority; persons with chronic alcoholism; persons who are certified by
the examining surgeon as being mentally or physically defective, such
physical defect being of a nature which may affect the ability of the person
to earn a living.
By section 7 of the Act of 1893 the President of the United States is
empowered to suspend all immigration from countries where there is an
epidemic of chotera or other contagious or infectious disease.
Nevertheless, it is provided in section 18 of the Act of 1917 t h a t in cases
where it would be inhumane to refuse permission to land for the purpose
of receiving medical treatment to an alien suffering from tuberculosis or
a loathsome or dangerous contagious disease, other than one of quarantinable nature, the Secretary of Labour shall permit such alien to land,
in which case the alien shall be treated in the hospital under the supervision
of the immigration officials. Moreover Regulation 16 of 1927 lays down
t h a t where upon arrival the wife or minor child of an alien having his permanent legal residence in the United States or the alien wife of a naturalised citizen of the United States married to him abroad prior to his naturalisation, or the minor child of a naturalised citizen of the United States
born abroad prior to his naturalisation, is suffering from a contagious
disorder, but is otherwise admissible, such alien may upon proper application be permitted to land in order to undergo treatment in a hospital
until definitely admitted, if it is ascertained t h a t the disorder is easily
curable and that the person concerned can be landed without danger
to the public health.
URUGUAY.—Admission is refused to intending immigrants suffering
from trachoma, leprosy or tuberculosis, those suffering from any kind
of mental disease, or from a physical or organic defect rendering them
incapable of earning their living. Blind persons are, however, admitted
if persons possessing sufficient means undertake to provide for their maintenance in the country.
• When any doubt arises as to the actual condition of an immigrant showing signs of disease, he is conditionally permitted to land and is received
in a hospital until1 a definite diagnosis has been reached. (Decree of
18 February 1915.)
VENEZUELA.—Admission to the territory is prohibited to persons
suffering from leprosy, trachoma, mental disease, acute epilepsy, or any
other affection which might constitute a danger to the public health. (Aliens
Act of 23 July 1925, section 13.)
PASSPORTS, VISAS, AND SPECIAL DOCUMENTS
(j)
105
VARIOUS CONDITIONS
Restrictive conditions which are of too exceptional a character
to be classified under subject headings are given below.
CANADA.—By the Immigration Act, 1910-1924, section 38, (b),
the Governor-in-Council is empowered to prohibit by Proclamation or Order,
whenever he deems it expedient, the landing in Canada of passengers brought
to Canada by any transportation company which refuses or neglects
to comply with the provisions of the Act.
DENMARK..—According to the Act of 31 March 1926, no alien may
enter Denmark after having resided there for three months out of a
period of twelve months, and before six months have elapsed since he
left the country, unless he has previously made application for an entry
permit. Such permit will be issued by the Minister of Justice or by an
official authorised by him for the purpose. Any alien contravening this
provision renders himself liable to a fine and to be expelled (section 7).
NEWFOUNDLAND.—The Governor-in-Council is empowered by Proclamation to prohibit the landing in the Colony of immigrants brought in by
any transportation company which Tefuses or neglects to comply with the
provisions of the Act. (Immigration Act of 1926, Ch. 29, section 12.)
§ 2.—Passports, Visas, and Special Documents
Immigrants as a rule have to comply with the ordinary regulations, which at present in almost all countries require an alien
passing the frontier to carry a passport. From this point of
view the obligation may almost be regarded as universal, for
the enquiry preparatory to the Passport Conference which met
under the auspices of the League of Nations in May 1926 ascertained that at that time, out of 43 countries having replied to
the relevant questionnaire, only three had completely suppressed
the obligation to carry a passport when entering their territory
(Cuba, Surinam, Uruguay) and one only (Venezuela) specially
exempts immigrants from this formality. In addition, however,
this requirement has, been suppressed by agreement between
certain countries (Belgium and neighbouring States).
The obligation to obtain a visa established almost everywhere
since the war has undergone certain modifications. While it
has only been suppressed in very rare instances (in the course
of the enquiry above mentioned no country stated that it had
been completely suppressed), many States have, by way of
international reciprocal agreement, arranged to exempt the
106
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
nationals of the other States p a r t y to such agreement. I n some
countries where t h e visa is suppressed for ordinary travellers,
it is nevertheless demanded in the case' of those coming for the
purpose of taking u p employment. Accordingly, the regulations
concerning the papers of immigrants are in general stricter t h a n
in t h e case of other travellers.
The procedure for obtaining a visa is very varied. Sometimes
the formality is quite simple and can be complied with through
an intermediary or even by post. I n other cases t h e person
concerned has to apply personally, and m u s t submit to the
competent authorities documents or evidence proving his admissibility t o t h e country where he is going. Countries of transit
often refuse t o accord a vissi unless t h e applicant has previously
obtained t h e visa of t h e country of destination; the object of
this precaution is t o avoid t h e possibility of an undesirable alien
remaining in the country because he is unable to continue his
journey.
Moreover, a distinction must be drawn between the entry visa
and t h a t required for residence. I n some countries no entry
visa is called for if the alien is only t o make a short stay ; he must,
however, subsequently obtain a visa if he remains beyond a
certain period.
The authorities entrusted with t h e d u t y of issuing t h e visa are
as a rule the diplomatic and consular representatives of the country
of destination, duly accredited in t h e applicant's country of
origin or of residence, as the case may be. For the purpose of
immigration t o certain countries, aliens who go t o seek employment are sometimes required t o have the special visa of some
competent authority, e.g. t h e Minister of Labour or some special
body entrusted with the supervision of immigrants.
A transit visa for t h e purpose of crossing a country is not always
obtained from the same authorities who have to issue the entry
visa for t h e same country ; there are cases in which the formalities
for obtaining a transit visa are much simpler, and such a visa can
then be affixed b y the officials entrusted with supervision of t h e
frontiers or of international trains.
The validity of a visa also varies considerably from one country
t o another and according to circumstances, as do also the fees
payable in respect thereof. I n some countries t h e visa is m a d e
out to expire on the same date as the passport; in others it is
PASSPORTS, VISAS, AND SPECIAL DOCUMENTS
107
for a fixed period—three or six months, one year, and so on
according t o the country granting it—irrespective of the validity
of t h e passport; in others again the validity varies according
t o t h e purpose for which t h e visa is required : e.g. there are
transit visas which do not give the right t o break the journey
in the transit country, transit visas permitting the journey to be
interrupted for several days, visas for a single journey with
residence for a longer or shorter period, or permanent visas
for an indeterminate number of journeys during a given period.
Often, moreover, one and the same country will employ different
systems, according t o the country t o which arriving aliens belong.
An excellent idea of the extreme complexity of the manner in
which the issue of visas is dealt with can be obtained by examining
the detailed reply of the Belgian Government t o the questionnaire
issued by the Organisation for Communications and Transit
in 1925. I n reply to question 4, concerning the validity of the
visa, the Belgian Government gave a description of ten different
systems applicable t o various nationalities; and within these
systems, as many as fifteen different kinds of visa are found t o
exist for aliens of certain nationalities (applicable to Germans).
The fees payable in respect of a visa often vary according t o
the period of validity or the number of times t h a t the holder may
cross the frontier, i.e. once only, or twice (going and coming),
or an unlimited number of times. Some variations of the
system of visa and amount of fees in force are dependent upon
conditions laid down in reciprocity agreements.
I n certain cases the visa is issued free of charge, either t o nationals of particular countries or to certain categories of travellers.
Mention may also be made of the fact t h a t certain States issue
collective visas, either for a number of persons who have been
collectively recruited for work and are travelling in a group for
t h a t purpose, or to groups of excursionists or tourists, families, etc.
Within the limits of the present study it would be impossible
t o enter upon a complete examination of all the existing passport
and visa systems, or to note in each particular case the obligation for the immigrant to hold the passport which all travellers
must have; moreover, these systems and requirements are
changed so frequently t h a t such an examination would not
yield any results of practical value. Accordingly, consideration
will be restricted to those provisions which specially concern
108
THE EIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
immigrants or, failing any more precise definition, persons who
enter a country for the purpose of obtaining employment there.
Some of these provisions relate to the manner of obtaining the
passport or visa; others to special facilities accorded to immigrants
or to alien travellers, or, on the other hand, special requirements
applying to them. Others, again, concern the identity papers
(known in some countries as documents of "legitimation" and
other special documents which immigrants have sometimes to
obtain, such as entry or landing permits, issued by services specially entrusted with the supervision of immigration.
Special papers may in some countries be obtained by immigrants
already settled there and who desire to absent themselves temporarily; these papers exempt them upon their return from
the ordinary formalities for admission with which they would
normally have to comply. Documents of this nature will be
dealt with more specifically in the following section (exceptional
measures); they are, however, referred to here as constituting
identity papers which sometimes take the place of a passport.
As already stated, documents of this nature are frequently
issued to immigrants of a race or nationality the immigration
of which has been prohibited or restricted after they had settled
in a country, in order that such individuals previously admitted
might be able to return to their country of residence notwithstanding the rules applied to their kinsmen or compatriots.
Further information on this subject appears under § 1, (d).
B R I T I S H M A N D A T E D T E R R I T O R I E S : Palestine.—The Regulation under the Immigration Ordinance, No. 32 of 1925, amended by Order
of 27 August 1925, provides that no immigrant shall enter Palestine unless
he is in possession of a.valid passport or some other document establishing
his nationality and identity to the satisfaction of the High Commissioner,
visaed for Palestine by a British consul or passport control officer, and is
in possession also of an immigration certificate granted by the Chief Immigration Officer, or is permitted to accompany the holder of such passport
and immigration certificate t o whom he is related and upon whom he is
dependent (section 4 (1)). In special cases the High Commissioner may
grant permission to enter Palestiue to any person who, either by reason
of the fact t h a t he is not recognised as a subject or citizen of any country
or otherwise is bona fide unable to obtain such a passport or document,
but is otherwise a suitable person for admission into Palestine (section 5 (1)).
The immigration certificale is oidy granted to persons who fulfil all the
conditions prescribed by the Ordinance and the Regulations (cf. Chapter I I I ,
1 (f)). Applications must be sent in the form laid down to the Chief Immigration Officer, either direct or through a British consul or passport control
officer. Applicants who are persons of independent means send in their
own application (Regulation 5 (1)); in the case of orphans, persons of religious occupation, students and relatives application must be made by
PASSPORTS, VISAS, AND SPECIAL DOCUMENTS
109
the person, whether residing in Palestine or not, or the association or institution in Palestine which assumes responsibility for their maintenance
(Regulation No. 6, amended by Order of 29 November 1927); in the case
of persons who go to Palestine for purposes of employment, either the applicant himself or the employer can apply (Regulation No, 7); in the case
of collective recruiting (cf. also Chapters I I I , 1 (a) and VI, 2), the recruiter
makes the application (Regulation 7).
An alien, even if he has received a visa for Palestine and fulfils all the
requirements of the Immigration Ordinance, has no absolute right to enter
Palestine without the permission of the Chief Immigration Officer or an
immigration officer a t the place of entry into Palestine (Regulation 1 made
under the Immigration Ordinance, 1925).
Persons habitually resident in Transjordan may, unless the High Commissioner shall otherwise direct, enter Palestine direct from Transjordan,
although they are not in possession of a passport or other similar document.
I t is provided by the Immigration Ordinance of 1925 that every permanent
resident, not toeing a Palestinian citizen, who leaves Palestine for any
purpose and intends to return, shall obtain before departure the permission
in writing of the Palestine Government to return to Palestine, and the permission may be granted or withheld at the absolute discretion of the High
Commissioner. If such a person leaves Palestine without obtaining a
permit of re-entry, and desires to return, he must (apply ùi writing to the
Chief Immigration Officer for permission to return. Permanent residents,
other than Palestinian citizens who are in possesion of a permission to return,
may enter Palestine without obtaining a visa (section 3).
Tanganyika.—A non-native 1 person entering the Territory without
a passport is deemed to be a prohibited immigrant unless and until he
establishes his identity or nationality to the satisfaction of the immigration
officer. (Immigration Ordinance, No. 16 of 1924, section 6.)
F R E N C H M A N D A T E D TERRITORIES : Togoland and C a m e roons.—According to the Decree of 30 October 1926, persons of French
or alien nationality, other than natives, in order to be allowed to enter
the Togoland or Cameroon Territory, must be in possession of a passport
which at the time of landing must receive the visa of the Commissioner
of the Republic. An Order issued by the Commissioner of the Republic
on 31 January 1927, fixing in detail the manner in which the Decree cited
above is to be applied in Togoland, lays down that the said passport must
have been made out less than a year previously.
NEW ZEALAND MANDATED TERRITORY : Western Samoa.—
By the Samoa Immigration Consolidation Order, 1924 (section 2), Part I
of the Immigration Restriction Act, 1920, of New Zealand is declared to
apply to Western Samoa as if t h a t Territory were part of New Zealand
(cf. New Zealand, below).
ALBANIA.—A visaed passport is compulsory. As the admission of
alien workers is, as a general rule, prohibited, manufacturers, merchants
and technical experts permitted to enter the country in exceptional circumstances must, in order to obtain the visa, indicate the name and business
style of the manufacturer, merchant or handicraftsman with whom they
have business, and must declare that their visit to the country is undertaken
for business purposes. They must also offer documentary evidence in support of their statements. The name and address of the firm mentioned,
with an indication of the documents furnished in support of the statements
made, must be noted in full on the passport of the person concerned by
the Albanian consul who issues the visa. (Decree of 20 March 1925.)
•A native is defined as any member of an Afrieanraee, and includes» Swahili and aSomali.
110
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
A R G E N T I N A . — In order to enter the Argentine Republic immigrants
over fifteen years of age must hold : (a) a passport issued in their country
of origin, visaed by the Argentine consul; (b) a certified extract from the
criminal record, also duly visaed (it being provided that aliens having
resided for more than five years in a country other than that in which
they were born may produce a passport issued by the authorities of their
country of residence and a certified extract from the criminal record of
that country) ; (c) an individual card made out by the consul bearing the
names and surname of the holder, those of his father, mother, wife (or
husband) and children,and the following information in respect of the immigrant : trade or profession, civil condition, last place of residence, educational attainments, the name of the ship by which he is to travel, date of
embarkation, port of destination, place of final destination, names and
addresses of two persons in Argentina to whom he is known, the object
of his journey, a list of the documents submitted, a statement as to his
religion and his personal description, together with his finger-prints. This
card is visaed by the consul free of charge) if the alien lacks some of the
documents asked tor, these may be replaced by a landing permit issued
by the General Immigration Office or a permit issued by Argentine consular
officials specially authorised to do so. Consular officials not so authorised
may act as intermediaries for the purpose of obtaining such permit from
the General Immigration Office. Persons over sixty years of age, women
travelling without their husbands and accompanied by children under
fifteen years of age, as well as children under fifteen years of age travelling
alone, must in every case be in possession of a landing permit issued by the
General Immigration Office.
A child under fifteen years of age travelling with his parents must be in
possession of a birth certificate bearing such child's photograph and the
consul's signature. (Instructions of 1926.)
AUSTRALIA.—The Immigration Act, 1901-1925, provides that any
person over sixteen years of age who fails to prove that he is the holder of a
passport issued by the Government of the United Kingdom or any Government recognised by that Government, which consists of a personal description sufficient to identify him and to which is attached a photograph,
which is still in force and, in the case of a non-British passport, which is
duly visaed by a British consular or passport officer, is prohibited from
landing (section 3).
The Minister may give notice in the Gazette that an arrangement has
been made with the Government of any country under which persons who
are British subjects or subjects or citizens of that country are not, when
proceeding from that country to the Commonwealth, or from the Commonwealth to that country, required to be in possession of passports, and such
persons shall not be subject to the prohibition contained in the above paragraph (section 4).
BOLIVIA.—Aliens going to Bolivia must hold a passport duly
legalised by the Bolivian consul in their country of origin and visaed by
the Bolivian consul at the port of embarkation or at the port of entry
nearest to the Bolivian frontier. Failing this, they will be refused admission.
The passport must bear the holder's fingerprints as well as all the usual
information concerning his identity, occupation, and so on. Immigrants
must also submit : (a) a certificate to the effect that they have been vaccinated against smallpox and an attestation that they are in good health,
made out by the Bolivan consul in accordance with a certificate signed
by a doctor in the immigrant's last country of residence; (b) an extract
from the criminal record, made out by the authorities of the commune or
district of origin; (e) a certificate from the same authorities to the effect
that the person concerned follows an honourable occupation.
Minors travelling with their father are not required to possess these
PASSPORTS, VISAS, AND SPECIAL DOCUMENTS
111
documents, with the exception of the certificate of good health. All t h e
documents mentioned are, however, required in the case of minors travelling unaccompanied. Consular agents are responsible for seeing that these
obligations are complied with. (Decrees of 26 March 1920 and 27 October
1921, and the Act of 12 January 1924.)
BRAZIL.—According t o Decree No. 16761 of 31 December 1924 and
Circular No. C.E. 124/1 of 16 January 1926, the only immigrants (second-class
and third-class passengers) allowed to enter Brazilian territory are those
who submit t o the competent authority, either a t the frontier or at t h e
port where they land, documents duly authenticated and visaed by a
Brazilian consul proving that they are of good conduct, together with an
identity card bearing their photograph and finger-prints, with information
relating to distinctive signs of the age, nationality, civil condition and
occupation of the holder, etc. Aliens residing in Brazil who have been
absent for a period of not more than six months are exempted from the
necessity of producing these documents.
CANADA.—Immigrants of British nationality landing in Canada
directly or indirectly from Great Britain or Ireland, Newfoundland, New
Zealand, Australia, the Union of South Africa, or the United States do
not require a passport. United States citizens and farmers, farm labourers
or female domestic servants landing in Canada from the United States
are likewise exempted from the passport regulations. All other immigrants must be in possession of a valid passport issued in and by the Governments of the countries of which they are citizens or subjects. The passport
of an alien immigrant sailing from the continent of Europe must carry the
visa of a Canadian immigration officer, and the passports of all other alien
immigrants must be visaed by a British diplomatic or consular officer.
(Passport Ordinance; Order in Council dated 31 January, 1923 (P.C. 185).)
No Chinese of the exempted classes (cf. Chapter I I I , § 1, (d)) will be
permitted to enter Canada unless in possession of a valid passport issued by
the Government of China and visaed by the Canadian Immigration Officer at
the place where the passport was granted. (Chinese Immigration Act, 1923
section 5 (2).)
Unaccompanied women must be furnished with a permit ot entry (cf. Chapter I I I , § 1, (h)). Unaccompanied women from the continent of Europe
are required to be in possession of a medical certificate when they apply
for their visa \
CHILE.—By a Circular dated October 1923, Chilian consuls are instructed
to obtain all information relating to persons applying for a visa as to their
admissibility under the Immigration Act; this information is t o be made
out in triplicate. Further, such persons must provide themselves with a n
identity card bearing their finger-prints, a certificate of good conduct and
regular life issued by the Mayor or Prefect of Police of their place of origin,
a medical certificate to the effect that they are not suffering from a n y
contagious, chronic or incurable disease, and, if the consul considers it
necessary, an extract from the criminal record proving that they are not
the object of legal proceedings and that they have not been convicted of
any crime. Finally, immigrants desiring to travel to Chile with a third-class
ticket must produce to the Chilian consular agents certificates establishing
1
CANADA : D E P A R T M E N T O P IMMIGRATION AND COLONISATION : Annual
Report
for
the
Fiscal Year ended 31 March 1925, p . 50. I m m i g r a n t s who a r e nationals of States
classified b y Canada in t h e third category of European countries : " O t h e r c o u n t r i e s "
(cf. § 1, (d), of t h e present chapter), m u s t also obtain a landing permit, application for
which m u s t be m a d e direct t o t h e Canadian Government; after due examination of t h e
application, a special departmental permit is issued. {The Oversea Settler, London,
March 1928.)
112
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
their occupational skill, while aliens travelling to Chile in first-class or
second-class accommodation are required to state the object of their journey.
COLOMBIA.—The Act of 30 December 1922 lays down in section 10
that every immigrant must carry a passport bearing his name, age,
occupation, nationality, place of residence during the last two years, and
civil condition; it must also testify to his good conduct and his capability
for work. A photograph of the immigrant must be affixed to this passport,
with an explicit statement by the holder to the effect that he intends to
submit to Colombian law and that he is acquainted with the Acts and Decrees
by which immigration is regulated, as well as the provisions of Act No. 145
of 1888 relating to aliens and naturalisation. The passport must be
visaed by a consular agent at the port of embarkation or at a neighbouring
town. The immigrant must also submit to the Colombian consul, together
with the passport for visa, a medical certificate and a certificate of good
conduct emanating from a person or body corporate of good repute.
In the case of immigrants complying with the conditions of admission
the visas are issued free of charge.
COSTA RICA.—All aliens desiring to spend more than fifteen days
in Costa Rica are required to carry a passport made out by the competent
authorities of their country of origin, and visaed by a diplomatic or consular
representative of the said country duly accredited in the country from which
they come ; it must also bear the visa of the Costa Rican consul duly accredited in the country where the pa.ssport was made out. However, if owing
to special circumstances they have been unable to obtain this, they may
nevertheless be admitted if a previous authorisation is obtained from the
Police Secretariat of Costa Rica. (Decree relating to passports, dated
11 December 1924.)
There are special provisions relating to the passports of Chinese nationals
domiciled in Costa Rica and returning after a short absence. These have
already been referred to in § 1, fd), of Chapter III. (Decree relating to
passports, dated 11 December 1924.)
CUBA.—According to the reply received to the preparatory enquiry
circulated prior to the Passport Conference held in 1926, no passport—and
accordingly no visa—is required in the case of immigrants entering Cuba.
Certain categories of persons have, however, to produce particular documents. (Cf. above under § 1, (b), for information regarding admission of
women and theatrical artistes, and under § 1, (d), for provisions relating to
admission of Chinese workers domiciled in Cuba.)
CZECHOSLOVAKIA.—In accordance with the Ordinances of 9 June
1921, 25 October 1923, and 11 February 1926, it is provided t h a t every
alien holding a duly visaed passport may enter the territory of Czechoslovakia. The passport rnust mention whether or not the holder is authorised to accept employment.
DENMARK.—By virtue of the Ordinance of 31 March 1926 and of the
Circular of the same date relating to passports, together With the Ministerial
Decree of 11 May 1926, all travellers entering the country must be provided
with a passport bearing their photograph and all the usual indications
concerning their identity, nationality, occupation, the object of their journey, etc., together with a translation if the passport is drawn u p in a language other than Norwegian, Swedish, English, French or German.
If the holder is authorised to accept employment in Denmark the passport
visa must indicate the fact and the district for which the authorisation is valid.
FRANCE.—In accordance with the provision contained in section 5
of the Decree of 30 November 1926, workers applying at one of the depots
PASSPORTS, VISAS, AND SPECIAL DOCUMENTS
113
or frontier inspection stations (cf. Chapter IV, § 1), and being in possession
of a contract of employment recognised as valid in accordance with the
conditions laid down by the Instructions of the Ministers of Labour and of
Agriculture, are not required to present a passport; they receive a safeconduct from the special commissioner of the frontier station, and this
document is sufficient to take them through to the locality where they
are to work. I t is now compulsory for aliens going to work in France to
present a contract of employment of the kind referred to, duly visaed
(cf. § 1, (g), of the present chapter).
Alien workers who have employment in Frence are allowed to absent
themselves temporarily and to return to the country, merely carrying an
identity card (cf. Chapter X I , § 5) and a document known as a " Certificate
of Seasonal Leave " (Certificat de congé saisonnier) which in their case takes
the place of any other papers (cf. § 3 below : "Exceptional Measures and
Individual Exemptions").
Algeria.—In order to enter Algeria, an immigrant has to produce a
consular visa and also a contract of employment duly visaed by the competent Municipal Employment Exchange.
Morocco.—As from 1 J u n e 1926 the passport system for admission to
the French Zone of Morocco has been the same as for France. A visa is
only needed for those aliens who require to have one in order to enter France.
However, a special visa for Morocco (issued after consultation with the
French Resident-General a t Rabat) is required for certain categories of
persons : nationals of ex-enemy countries (Austria, Bulgaria, Germany,
Hungary, Turkey), nationals of the Union of Socialist Soviet Republics,
nationals of countries which have arisen from the dismemberment of the
old Russian Empire (Estonia, Finland, Latvia, Lithuania, Poland), nationals of Mohammedan countries (Afghanistan, Egypt, Mesopotamia, Palestine, Persia, Syria, Tripolitania, Turkey). (According to information contained in a note communicated by the General Office for Morocco in Paris,
December 1926.)
Colonies.—Any alien desiring to land in West Africa must hold : (a) a
passport in proper form, when this is called for in accordance with international conventions, or an official document giving information concerning his identity; (b) an extract from the criminal record made out not
more than three months previously, or some other similar document in lieu;
(c) a recent medical certificate. (Decree of 24 January 1925, section 1.)
FINLAND.—Aliens desiring to enter Finland in order to take up employment there must procure an employment permit before obtaining the visa
of a Finnish consul (cf. also § 1, (g), of the present chapter); a note of this
is made on the passport. (Ordinance of 23 November 1926, section 21.)
GERMANY.—In order to cross the frontier, alien workers (for a definition of this term, cf. Chapter I I , § 1) must be in possession—according
to paragraph 3 of the Ordinance of 2 January 1923, renewed by the Ordinance of 20 September 1927 which only introduces a few administrative
changes—of a safe-conduct (Reiseausweis) issued by one of the frontier
agencies of the German Central Office for Workers (Deutsche Arbeiterzentrale) or a duly visaed passport.
Agricultural workers recruited by the above-mentioned Office, which
has a monopoly of recruiting (cf. Chapter VI, § 2), are provided with a
safe-conduct of this kind. This safe-conduct indicates the place of work
to which the alien is going. The visa upon a passport is invariably issued
fbr a definite engagement since, according to the Passports Order issued
by the Federal Minister of the Interior on 4 June 1924, it can only be issued
with the permission of the police authorities of the place of destination
and with the consent of the local employment exchange.
8
114» THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
These documents are only valid for the first employment and for the
period of one month. During this period the worker must, in some States,
obtain a legitimation card made out by the Central Office for Workers
(cf. Chapter X I , § 5 : "Registration of Immigrants").
GREAT BRITAIN.— For information relating to immigrants in transit,
cf. Volume I, Chapter X I I I .
Colonies.—Persons arriving in British colonies are usually required to
be in possession of a passport or other identity papers, and also the visa
of a diplomatic or consular representative of Great Britain when the holder
of the passport comes from a country not forming part of the British Empire.
Within the Empire itself an administrative visa is sometimes required.
I n some colonies native woxkers coming from countries which supply
labour are exempted from the obligation to show a passport : in North
Borneo natives of British India, the Dutch Indies and Brunei, as also Chinese
(Notification No. 160 of 1921); in Grenada, St. Lucia, and Si. Vincent
native workers from the British West Indies (Passport Ordinances : Grenada :
No. 9 of 1923; St. Vincent : No,. 9 of 1923; St. Lucia : No. 10 of 1923). I n
Hong Kong Chinese are exempted from the operation of passport regulations issued in application of Ordinance No. 35 of 1923.
Sometimes the local authorities are empowered to exempt individuals
or categories of individuals from provisions relating to passports (Trinidad
and Tob ago : Passport Ordinane«, No. 35 of 1923; Grenada, St. Lucia and
St. Vincent : Ordinances cited above ; Solomon Islands : Aliens Immigration
Restriction Regulation, 1924).
In certain colonies a special entry permit has to be obtained from the
local authorities, e.g. in the Somaliland Protectorate (Immigration Restriction Ordinance, No. 4 of 1924, section 6 (i)).
GUATEMALA.—For the purpose of admission to the territory, passports
must be visaed. Persons having'evaded this obligation have to pay double
the fee upon arrival in Guatemala.
Certain classes of persons, however,
are exempted. These classes are, in addition t o persons holding official
positions, persons employed by foreign benevolent associations established
in Guatemala, and immigrants to Guatemala who are in possession of a
colonisation contract entered into with the Government.
Before affixing the visa to an immigrant's passport, a consul has to
demand proofs of the identity, moral conduct, and good behaviour of the
person concerned; a Declaration of Identity form is then prepared in triplicate, containing information as to the immigrant's name and surname,
place of birth, nationality, occupation, civil condition, name of wife or
husband and those of children, last place of residence, legitimate occupations which the immigrant has followed during recent years, whether
or not he is able to read and write, the name of the ship by which he is
to travel, the date of departure, port of destination, the name of the place
where he intends to settle and reside, the object of his journey, a note of
the documents or declarations submitted by the party concerned as proof
of his honesty and identity, his photograph, print of the right thumb, and
signature. One copy of this form is attached to the passport, one remains
on the file a t the consulate, and the third is forwarded as rapidly as possible
to the Ministry of Foreign Affairs in Guatemala to be handed over to the
General Directorate of Police in order to ascertain whether the immigrant
is or is not admissible. (Decree No. 875 of 15 September 1924, sections 12,
24, 25, 26 and 38.)
HUNGARY.—The passport, visaed by the Hungarian consular authorities, must mention ¡whether or no the holder is authorised to take up employment (Ordinance 200000 of 1925). Cf. also Chapter XIII of Volume I for
information concerning groups of immigrants travelling together, in transit.
PASSPORTS, VISAS, AND SPECIAL DOCUMENTS
115
ITALY.—When the passport visa is required, the fee payable differs
according as the person concerned is in easy circumstances (10 gold lire)
or is needy (2 gold lire). (Reply to the preparatory enquiry made prior
to the Passport Conference of 1926.)
J A P A N . — I n addition to a passport, with or without a visa according
to the provisions of international agreements concluded on the matter,
aliens arriving in Japan must upon the request of the police authorities
make a written and truthful declaration in reply to questions relating to
the conditions of their admission or any other question which may be put
to them. (Ordinance No. 1 of 24 January 1918, section 13.)
LATVIA.—Latvian diplomatic and consular agents are entirely free
to 'grant or refuse an entry visa to the nationals of foreign countries, as
they see fit. However, when the persons concerned are either without
nationality or are immigrants, the visas may only be given with the express
authority of the Ministry of Foreign Affairs in each individual case. Persons
without nationality must deposit security which is returned to them when
they leave the country. (Reply to the preparatory enquiry circulated
prior to the Passport Conference, 1926.) Cf. also Volume I, Chapter X I I I ,
for information concerning transmigrants.
According to section I of the Act of 7 March 1927, in addition to the classes
of persons frequently exempted from payment of the fee for passport
(admission and transit) visas—e.g. official representatives, persons at the
head of missions, and those invited by the Government, groups of tourists, etc.—certain categories of workers are also exemptedfrom such payment :
persons visiting Latvia for the purpose of study, professors of State establishments, local administrative officials and members of vocational or
professional associations, journalists, and needy persons.
LUXEMBURG.—For the regulations relating to transmigrants' passports, cf. Chapter X I I I of Volume I.
MEXICO.—Any alien entering the country and regarded as an immigrant in accordance with the terms of the Immigration Act is required to
provide himself with an individual identity card (tarjeta individual de
identificación).
Mexican consuls and diplomatic representatives issue
such cards upon the written request of the person concerned, who must
produce documentary evidence of his nationality, civil condition, and
morality, and must show his contract of employment in order to prove
that he is legally eligible to immigrate into Mexico. This individual identity card confers the right to admission only if all other provisions of the
Act have been complied with. (Act of 12 March 1926, section 15.)
When an immigrant is exempted from payment of the entry fee, this
exemption and the reason therefor must be mentioned on the individual
identity card. (Regulation of 28 February 1927.)
Cf. also § 1. (b) and (d),of the present chapter for information concerning the documents to be submitted in order to obtain the identity card,
and § 1, (f), (g), (h), and (i), for those required in order to be allowed to
enter Mexico.
NETHERLANDS : Dutch Indies.—Any European alien or any individual of oriental origin travelling to the Dutch Indies as a free immigrant
must make written application in advance for a landing permit to an official of the Immigration Services, who will issue it upon payment of the
usual fee (cf. Chapter VIII) if the alien concerned is eligible for admission.
Aliens already in possession of an admission card do not require this permit.
The wife and minor children of the applicant may be included upon the
same permit.
The captains of ships must inform their passengers that they will not be
116
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
allowed to go ashore without this permit; and if they fail to comply with
this requirement a fine of 200 florins will be inflicted upon every individual having committed the offence. (Royal Order No. 32 of 15 October
1915, sections 1, 2b, 3 and 14.)
Oriental native workers recruited abroad by the Government upon the
basis of a contract do not requins individual permits to enter the country ;
in their case it is sufficient to show the contract of employment under which
they have been engaged. (Ordinance No. 694 of 1917.)
NEWFOUNDLAND.—The Ordinance of 2 December 1926, promulgated in virtue of the Immigration Act of 1926 (section 11), lays down
that persons arriving in Newfoundland must produce a passport duly
visaed by a diplomatic or consular representative of Great Britain. British
subjects travelling direct from the United Kingdom or some other part of
the Empire, citizens of the United States who have come direct from the
United States and all persons who have resided in America during the last
two years are exempted from this requirement.
NEW ZEALAND.—The Immigration Restriction Amendment Act, 1920,
provides that any person other than a person of British parentage, an
accredited Government official or an officer or seaman of a mercantile vessel
or ship of war must have a permit to enter New Zealand, application for
which should be made in advance from the country from which he comes.
The applicant must state among other things his reasons for desiring to
settle in New Zealand, the business or occupation he proposes to undertake,
the number and ages of members of his family (if any) whom he proposes
should accompany him, his birth and parentage (section 9).
Any person who arrives in New Zealand without a permit but proves
satisfactorily t h a t he desires to enter New Zealand as a visitor for a period
not exceeding six months may be granted a temporary permit. Such permits
may be extended at the discretion of the Minister (section 8).
Every person resident in New Zealand desiring to leave New Zealand
with the intention of returning thereto, and who is a person who would
require a permit to enter New Zealand, must apply for a certificate of
registration to a collector of customs. On the return of a person holding
a certificate of registration as herein provided, the collector at the first
port of arrival, if satisfied of the identity of the holder with the person named
in the certificate, and that he has returned within four years, must permit
such person to land.
NORWAY.—The Act of 22 April 1927 lays down in section 3 that every
alien coming to the country must, upon pain of rejection by decision of
the Chief of Police, be in possession of a passport or other identity papers,
or must hold a permit to work.
PANAMA.—Act No. 55 of 30 March 1925 forbids Panama'consuls to
visa the passport of an immigrant without an authorisation of the Minister
of Foreign Affairs accorded in each individual case after due examination
of the documents showing the immigrant's position (cf. Chapter III. § 1, (J)).
A consul infringing this provision is himself liable to a fine of an amount
equal to the cost of a third-class passage from Panama to the place from
which the immigrant came (section 6).
According to Decree No. 45 of 19 August 1925, immigrants must present
this authorisation to the consul, together with the following documents :
a certificate of good conduct, an authentic copy of their birth certificate,
an authentic copy of their marriage certificate (if any), and a medical certificate. These are forwarded to the Minister for Foreign Affairs, who returns
them to the immigrant upon his arrival.
Under § 1, (d), of the present chapter will be found a note of the special
PASSPORTS, VISAS, AND SPECIAL DOCUMENTS
117
papers to be submitted by Chinese; and Chapter XIII of Volume I gives
the provisions relating to migrants in transit.
PARAGUAY.—According to Decree No. 20173 of 24 February 1925,
an immigrant is required to submit the following documents : a personal
identity card with photograph visaed by a Paraguayan consul in the immigrant's country of residence or country of origin; an occupational certificate
(cf. above, under § 1, (g)) ; a certificate from the judicial or police authorities
(cf. above, under § 1, (b)). These certificates must be authenticated by
the Paraguayan consul, for which service no charge is made. Moreover,
the visa cannot be affixed to the documents submitted until the immigrant has proved by reliable written references that he is free from the
defects or infirmities constituting sufficient cause for rejection. Persons
desiring to benefit by the exemptions allowed under the Immigration Acts
(aged persons over 60, or unaccompanied women over 40 needing the support of a member of their family) are required to present a special permit
issued by the Paraguayan Directorate of Land and Colonies, or a consulate
or legation in the country of origin of the person concerned. Papers made
out by the authorities of a country other than the applicant's country
of origin must be accompanied by a police certificate attesting that the
person concerned has resided in that country from such a date to such
a date.
Paraguayan consuls are forbidden, upon pain of various penalties, to
visa the documents of persons belonging to any category of individuals
regarded as undesirable, or to use their influence with any transport company
with a view to persuading such company to undertake to transport such
persons (sections 1 to 4).
POLAND.—In accordance with the Aliens Ordinance of 13 August 1926,
nationals of foreign countries are not allowed to enter Poland in order
to settle there, or even in order to make a temporary stay or to cross the
country in transit, without special authority taking the form of a permit.
Authority to make a short stay may be issued by consular officials (section 3).
Authority to settle in the country can be obtained from subordinate officials ; the request can be transmitted through a Polish consulate (section 6).
RUMANIA.—Immigrants are required to possess the following documents : (a) a passport visaed by the Rumanian consular agent of the district in which the immigrant's domicile is situated; this passport must
be stamped with the indication : "with card" ; (b) a card (in duplicate)
bearing indications of the names and surname of the immigrant, his nationality, sex, age, civil condition, occupation, the country from which he
comes, and the place where he intends to settle; one copy of this card is
retained by the Controller upon the immigrant's arrival at the frontier
and the other is handed to the immigrant and is kept by him until he leaves
the territory; (c) an immigration permit issued by the Ministry of Labour
for a limited period, corresponding with the period of validity of the visa.
(Act of 11 April 1925, section 37; Regulation dated 22 J u n e 1925, section 39.)
SALVADOR.—In accordance with the Decree of 23 September 1926,
any person desiring to enter Salvador must submit to the frontier authorities
documents testifying to his identity and good conduct.
S O U T H AFRICA.—The Government of South Africa points out that
the fact of having had a passport visaed does not give any guarantee that
the person who has obtained it will be admitted. The passing of the examination which takes place a t the frontier of the Union and the condition
of the immigrant in question are the factors upon which admission depends.
(Reply to the enquiry of the Passports Committee, preliminary to the
Conference held in May 1926.)
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THE EIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
SWEDEN.—The Act of 2 August 1927 relating to the stay of aliens
in the country lays down that, in addition to the obligation to comply
with the general provisions relating to passports, an alien coming to Sweden
for the purpose of taking up employment must prove by documentary
evidence that he has obtained from the competent Swedish authorities
the necessary permit for that purpose, or, alternatively, he must produce
the visa of a Swedish consul authorising him to take up work (sections 1
and 2). Aliens are not admitted to the country unless they are in possession of legitimation documents OT the r visa above mentioned (cf. Chapter X ,
§ 1). Immediately upon arrived, they must, upon pain of deportation
(cf. Chapter X , § 2), attend before the police authorities in conformity
with the provisions of the Act (section 21).
SWITZERLAND.—A Federal Ordinance dated 29 November 1921
lays down that aliens entering Switzerland are required to produce a passport, or, in exceptional cases, an equivalent legitimation document bearing
a photograph of the person concerned. Any such document must indicate
the holder's nationality, and must testify that he is free at any time to
return to his country of origin or to the country in which he last resided.
An alien's legitimation document must bear the visa of the competent
Swiss authority; this visa only entitles the holder to pass the frontier, the
question of his stay in the country coming within the competence of the
cantonal authorities.
Swiss consulates and legations are required to communicate to the Central
Police Office all applications to be allowed to cross the frontier, received
from aliens desiring to enter Switzerland in order to settle or to follow a
gainful occupation there. Such applications must be accompanied by a
certificate of good conduct, as well as an extract from the criminal record
issued by the applicant's country of origin. Applications received from
aliens not in possession of valid legitimation documents, issued by their
country of origin and recognised by Switzerland, must also be communicated to the Central Office.
UNITED STATES.—According to Rule 3F of 1927 an immigration
visa duly issued by an American consular official is required of both quota
and non-quota immigrants save only those aliens—if otherwise admissible—
who have previously been lawfully admitted to-the United States and are
returning from a temporary visit to certain specified countries, or any
foreign country if, in the latter case, they have obtained in advance a permit
to re-enter the United States, and children who may have been born subsequent to the issuance of the immigration visa to the accompanying parent.
Likewise, all aliens of the non-immigrant class must possess passports
issued by the Government to which they owe allegiance as well as American
consular visas unless they are citizens of neighbouring territories, stipulated in the law, the citizens of which may enter without a passport visa.
Under the Immigration Act of 1924, when an immigrant applies for
a visa he is required to state, in addition to his personal description, previous residence and civil status, facts as to his destination and purposes
in the United States following admission (section 7). Upon application,
a consular officer issues to an immigrant an immigration visa consisting
of his application visaed by the officer and specifying the immigrant's
nationality, quota status and the period for which the visa is valid. A fee
of $9 1 is charged for each visa (section 2).
No visa may be issued if it appears that the immigrant is for any reason
likely to be excluded, under the immigration laws. If an immigrant has
1
Fee m a y be reduced to S2 for visitor.3 provided similar provisions are made b y t h e
Governments of t h e countries from whic2i t h e aliens come in favour of American nationals
desiring to visit such countries temporarily u n d e r similar conditions.
EXCEPTIONAL MEASURES AND INDIVIDUAL EXEMPTIONS 1 1 9
obtained a visa and is later found to be inadmissible to the United States,
the fact that he possesses a visa does not entitle him to enter (section 11).
Every immigrant applying for a visa at a consulate to which are attached
technical advisers is examined by these officials, who signify their approval
of the issuance of the visa by attaching their initials. Visas of applicants
of the non-immigrant class must bear the initials of the immigration inspector. When, however, an applicant is travelling first or second class,
consuls may issue non-immigrant visas without reference to the technical
advisers. (General Order No. 51 of 9 July 1925, and Supplement.)
Permits to re-enter the United States after a temporary absence not
exceeding one year m a y be granted to aliens who have already been legally
admitted. Upon proof of good cause the permission may be extended for
periods of not longer than six months each (section 10).
Passports are not required of members of airship crews who intend to
leave the United States shortly after arrival, if they are included in the crew
lists visaed by consular officers.
Alien passengers arriving in the United States on airships are required
to submit the same documents as are exacted of aliens arriving by any
other means.
The Secretary of State must be informed in advance of the date and
place of arrival of all airships coming to the United States. (Executive
Order No. 4049, 14 J u l y 1924.)
URUGUAY.—According to the Uruguayan Government's reply to
the preparatory enquiry issued prior to the Passport Conference, 1926,
immigrants have to present a passport duly visaed by a consular agent
of Uruguay, or t o produce certificates (visaed free of charge by such consular
agent), proving that they conform to the conditions laid down by the
Immigration Act : i.e., a certificate of good conduct (cf. above § 1, (b)),
and an occupational certificate (ef. under § 1, (g)).
Immigrants previously admitted who desire to absent themselves for
a certain period must make application in advance for a permit which
will exempt them from the ordinary admission formalities upon their
return.
VENEZUELA.—The immigration and colonisation laws lay down that
bona fide immigrants are not required to carry a passport. (Reply of the
Venezuelan Government to the preparatory enquiry circulated prior to
the Passport Conference, 1926.)
§ 3.—Exceptional M e a s u r e s and Individual
Exemptions
Immigration laws and regulations are not, however, enforced
without any exception. On t h e one hand, they may be temporarily suspended; on t h e other, they are not invariably applied
in identical fashion t o all persons arriving a t the frontier of t h e
country where t h e y are in force.
Temporary or individual exemptions may arise in two ways :
either cases of suspension or exception t o t h e usual procedure
are provided for in t h e laws themselves, or some authority is
given discretionary power t o permit deviations of this nature,
in t h e interests of t h e country. So far as temporary suspension
120
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
is concerned, apart from the circumstance t h a t countries in a
state of siege or similarly placed frequently close their frontiers
by Decree, the majority of immigration laws empower the
executive or other specified authority t o suspend immigration,
either partially or completely, as a provisional measure, if circumstances render this desirable. Outbreaks of epidemic disease
are the most frequent cause giving rise to temporary closing of
frontiers; b u t in cases where it is decided to suspend the immigration of alien workers, an economic crisis is sometimes the
determining factor.
Suspension of a contrary nature may also be provided for by
immigration legislation, i.e. suspension of restrictions placed
upon the right t o immigrate, if the country's present interests
appear t o render such a measure desirable.
As regards distinctions made in respect of individuals, these
are much more complicated in operation.
One general principle emerges first of all. The provisions
relating to immigration only cover those individuals coming
under the definition of an immigrant and do not apply to travellers in general—i.e. certain classes of persons, varying from
one country to another, are excluded from the scope of their
application. I n a general way, diplomatic and consular representatives of foreign countries, official chargés d'affaires, and
persons going to a country l'or a short period either for business
or pleasure, are exempted from the application of these provisions.
Some of these exceptions are enumerated in the definition of an
immigrant; they will be found in § 1 of Chapter I I .
I n the legislation of certain countries, not only is the expression
"immigrant" defined, b u t also various classes of persons are
specified as being exempted from the application of immigration
laws. I n cases where such exempted categories have not already
been mentioned, they are indicated in the present section.
Seamen are very generally treated as a separate class; they are
considered in t h e following section.
I t is frequently provided that, in certain specified cases, certain
individuals may be admitted even though they do not conform
t o one or other of the conditions for admission laid down by law.
Provisions covering these cases have generally been mentioned
when the rule to which they form exceptions was being dealt
with in one of the subsections of § 1. More particularly mention
EXCEPTIONAL MEASURES AND INDIVIDUAL EXEMPTIONS
121
has been made, under (b) of t h a t section, of exceptions relating
to the exemption of persons condemned t o punishment for a
political offence, if such persons seek asylum in the country
concerned or have been deported from some other country after
having lived in the territory in question (Colombia, Cuba,
Ecuador, Great Britain, Guatemala, Mexico, Newfoundland,
New Zealand, Norway, Panama, Peru, Poland, Serb-CroatSlovene Kingdom, Turkey, United States, and Venezuela);
under (d), of exceptions to the rule concerning the exclusion of
certain races (Australian Mandated Territory of Western Samoa,
Australia, British Colonies, Canada, Colombia, Costa Rica, Cuba,
French Colonies, Guatemala, Hungary, J a p a n , Newfoundland,
New Zealand, Panama, South Africa, United States, Uruguay,
Venezuela); under (e), of exceptions to the rules excluding
illiterates (Australia and Papua, Belgian Congo, British Colony
of Jamaica, Canada, Mexico, South Africa, United States); under
(f), of exceptions t o rules excluding persons without resources
(British Mandated Territory of Tanganyika, South African
Mandated Territory of South-West Africa, Australia, South Africa,
Newfoundland), exemptions from the obligation to possess a
certain minimum capital or t o deposit security (Belgian Congo,
Costa Rica, Guatemala, Newfoundland, Panama, Paraguay,
Portuguese Colonies, Salvador), exceptions t o t h e prohibition of
admission of persons whose fare has been paid by a third party
(Cuba), or exemption from payment of the entry fee (Mexico);
under (g), exceptions relating to restrictions upon the admission
of alien workers (Albania, South Africa, Switzerland) or those
relating to prohibition of the admission of workers recruited under
contract (Cuba ,United States); under (h), the frequent exceptions
in favour of aged persons (Argentina, Brazil, Cuba, French
Colonies, Guatemala, Honduras, Mexico, Paraguay, Uruguay,
Venezuela), women travelling alone (Argentina, Brazil, Cuba,
Paraguay), and children (Brazil, Mexico, Portuguese Colonies,
Venezuela); under (i), exceptions to restrictive provisions
relating to sick and infirm persons (British Mandated Territory
of Tanganyika, South African Mandated Territory of South-West
Africa, Bolivia, Brazil, British Colonies, Canada, Colombia,
Costa Rica, Dutch Colonies, Mexico, Panama, South Africa,
United States, Uruguay).
Apart from these exceptions provided for b y the laws themselves
122
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
and which will not be dealt with further, individual permits
are often granted in a humanitarian spirit in order t o facilitate
the reunion of families. Special permits of this nature are then
subject t o t h e presentation of a request or "affidavit" b y members
of the family having already immigrated to t h e country.
The admission of workers belonging to excluded categories
is also sometimes permitted upon the request of an employer;
the authorisation in such case takes the form of an entry permit
issued b y the competent authority. Another fairly widespread
form of exemption is t h a t applying to individuals returning t o a
country after a previous stay in it. I t sometimes happens t h a t
the definition of the "immigrant" indicates t h a t the only persons
considered as such are those arriving in the country for the
first time; cases of this sort are dealt with in Chapter I I .
B u t it also happens t h a t an exception of this kind may be arrived
a t b y some other legal procedure; and these cases are dealt with
here, except where t h e authorisation takes t h e form of a certificate, and, in consequence, has already been mentioned in the
preceding section, dealing with the documents which immigrants
are required to possess. Among others, mention may be made,
in regard t o those concerning immigration for t h e purpose of
employment, of the custom which has arisen in this respect for
employers t o grant their alien workers temporary leave of
absence.
An analysis appears later on of t h e legal provisions establishing
exceptions of various kinds, and of the provisions investing certain
authorities with t h e following powers : t o g r a n t exceptional
permission to immigrate in suitable cases ; to-" decide in doubtful
cases according t o circumstances whether persons shall b e admitted
or not; to order the exclusion of individuals whose presence
might in their opinion be inopportune or dangerous, although
such persons would in accordance with the general rules be
entitled t o enter; t o impose special conditions in regard t o t h e
stay of such persons on the national territory. The concession
of such powers t o administrative authorities is frequently met
with in the various parts of the British Commonwealth.
I t should further be noted t h a t i n , countries where several
immigration systems exist (e.g. one system for Europeans,
another for members of coloured races, and so on) certain authorities are sometimes empowered t o amend the application of
EXCEPTIONAL MEASURES AND INDIVIDUAL EXEMPTIONS
123
these systems according to circumstances and to determine, upon
the arrival of a convoy of immigrants, the system under which
they shall come.
BRITISH MANDATED TERRITORIES : Palesane.—The Immigration Ordinance No. 32 of 1925, as amended by the Order of 27 August
1925, stipulates that an immigration officer may, in accordance with general
or special directions of the High Commissioner or the Chief Immigration
Officer, attach such conditions as he thinks fit to the grant of permission
to a foreigner to land in Palestine, and the High Commissioner or the Chief
Immigration Officer may at any time add conditions to permission already
granted (section 5 (2)). Permission to enter Palestine may be refused to
any person who does not fulfil any Regulations made under the Ordinance
section 5 (1, j)).
The Ordinance does not apply to the following classes of persons :
(a) persons in the service of the Government of Palestine ; (b) officers and
members of the crews of His Britannic Majesty's ships, or the ships of a
friendly power; (c) any member of His Britannic Majesty's military, air,
diplomatic or consular services ; (d) any duly accredited consul de carrière ;
(e) any person or class of persons whom the High Commissioner by an Order
may exempt, either unconditionally or subject to such conditions as he may
impose (section 4 (1)).
Tanganyika.—By the Immigration Ordinance, No. 16 of 1924, the immigration is prohibited of any person whose entry into the Territory is prohibited under any ordinance or law for the time being in force, and of the
children and dependants of a prohibited immigrant (section 5 (i)).
A prohibited immigrant may be granted a licence to enter and remain
in the Territory (section 8). A licence may also be given when an immigration officer postpones deciding whether a person is a prohibited immigrant,
or when an immigrant is required to give a security (section 17). An immigrant to whom a licence to remain in the Territory is given may be required
to give security either by deposit or bond (section 22).
AUSTRALIA.—By the Immigration Act, 1901-1925, it is provided t h a t
any person possessed of a certificate of exemption as prescribed in force
for the time being is not considered as a prohibited immigrant (section 3 (h)).
A certificate of exemption is valid for a specified time only, and may at
any time be cancelled by the Minister by writing under his hand. Upon
the expiration or cancellation of any such certificate the person named
therein is, if found within the Commonwealth, deemed to be a prohibited
immigrant and m a y be deported (section 3J, 4).
Any person who has resided in Australia for a period or periods in the
aggregate of not less than five years, and who is about to depart from the
Commonwealth, m a y apply t o a competent officer for a certificate exempting him, if he returns to the Commonwealth within the period limited in
the certificate, from the dictation test. The officer may refuse to issue the
certificate without assigning any reason therefor (section 4B).
Papua.—By the Immigration Restriction Ordinance, No. 2 of 1908,
certain categories of persons are exempted from the application of the regulations; in addition to the categories usually exempted (diplomatic officials,
persons in charge of missions, etc.), exemption is extended to cover persons
employed as teachers by any of the Christian missions, subjects of any
country with which the Government has concluded a special agreement,
and persons who possess a certificate of exemption in force for the time being
and signed by the executive authority.
AUSTRIA.—In the interests of State security and the public health,
124
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
the validity of a visa may be restricted to certain determined points or,
on the contrary, persons may either be forbidden to cross the frontier at
specified points or required to cross at such points to the exclusion of
any others. The right to cross the frontier may also be suspended temporarily by decision of the Minister of the Interior. (Passports Ordinance,
dated 15 December 1921.)
BELGIUM.—For certain provisions relating to migrants in transit,
cf. Volume I, Chapter XIII.
Congo.—In accordance with section 7 of the Legislative Ordinance of
8 March 1922, the following persons are not to be regarded as undesirable
immigrants : persons who are in the service of the Colonial Government ;
persons holding a pass issued by the Minister for the Colonies ; duly accredited representatives of foreign States in the Colony together with their
families, servants, and members of their suite ; natives of the Colony ; persons
domiciled in the Colony, together with their wives and children under
sixteen years of age; and, finally, persons ot European origin coming to the
Colony as workers, handicraftsmen, or domestic servants, with an authorisation obtained in advance from the Vice-Governor-General of the province
in which they desire to settle and reside. Their admission to the Colony
may, however, be made subject to the production of a contract of employment, specifying that they are engaged in the service of an employer, not
being a native, of honourable repute in the Colony; such contract must
also provide for a sufficient wage, and the engagement must be for a period
of not less than six months.
BRAZIL.—The Instructions dated 30 J u n e 1925 relating to the Immigration Restriction Decree of 31 December 1924, reserve to the DirectorGeneral of the Land Settlement Office the right to suspend or to restrict
embarkation to Brazil during a specified period to a limited number of
immigrant travellers. Immigrant transport companies are in consequence
required to obtain authority in advance before undertaking transport of
any immigrant.
CANADA.—In virtue of section 38 (c) of the Immigration Act, 1910-1924,
the Governor-in-Council may, whenever he deems it necessary or expedient,
prohibit the landing in Canada or the landing at any specified port or
ports of entry in Canada, of immigrants belonging to any nationality or
race or of immigrants of any specified class or occupation, by reason of
any economic, industrial, or other condition temporarily existing in Canada
or because such immigrants are deemed unsuitable having regard to the
climatic, industrial, social, educational, labour, or other conditions or
requirements of Canada, or because such immigrants are deemed undesirable owing to their peculiar customs, habits, modes of life, and methods
of holding property or because of their probable inability to become readily
assimilated or to assume the duties and responsibilities of Canadian
citizenship within a reasonable time after their entry.
This prohibition may be either for a stated period or permanent, or it
may merely operate to limit the number of immigrants of the category
in question. In virtue of the powers thus conferred upon the Governor,
a number of Orders-in-Council have actually been promulgated. These
have already been dealt with in the relevant sections.
Section 9 of the Chinese Immigration Act, 1923, provides that the Minister
may authorise the admission to Canada of any person of Chinese origin or
descent without being subject to the provisions of the Act, and the admission shall be authorised for a specified period only, but may be extended
or cancelled by the Minister in writing.
CUBA.—The Decree of 10 February 1927 empowers the immigration
authorities to permit the landing in Cuba in certain cases of transmigrants
EXCEPTIONAL MEASURES AND INDIVIDUAL EXEMPTIONS
125
who have been refused admission "by a friendly country" after clandestine
embarkation in Cuba, and whose expulsion was provided for by the Decree
of 2 March 1925 (cf. Volume I, Chapter XIII).
CZECHOSLOVAKIA.—In accordance with the Act of 15 February
1922, the Government is authorised, more especially for reasons concerned
with welfare, safety, or hygiene, to issue appropriate instructions relating
to the admission of alien immigrants to the Czechoslovak Republic, and
to the crossing of the national territory by migrants in transit (section 46).
ECUADOR.—In accordance with section 26 of the Act of 18 October
1921, the executive authority may regulate as it sees fit the admission
of aliens and supervision of such as have infringed the laws of the country.
FRANCE.—By a Circular dated 6 January 1922, alien workers having
returned to their country of origin for a period not exceeding six weeks
were authorised to re-enter France in order to continue their employment
(provided that public safety or policy were not thereby endangered) upon
the mere presentation of their identity card and an undertaking from their
employer to continue to employ them upon their return from leave. This
undertaking is required to be entered into by the employer before the workers
concerned leave France, and must be visaed by the Mayor or by the Commissioner of Police. When the alien's return to his country of origin is due to
the cessation of work owing to the close of the season, the permitted period
of absence may be extended to as long as five months, between 1 November
and 1 April following.
I n order to benefit by "seasonal leave", alien workers employed in industry
must obtain a certificate from their employer to the effect that they have
been engaged by him and will again be employed in the undertaking when
work recommences the following season. This document is visaed and
dated by the French Minister of Labour, who inscribes upon it the number
of the identity card issued to the person concerned. In order to avoid
fraud, the interested party is required to present both these documents upon
his return to France.
Further, since 1927, no alien worker in possession of a "seasonal leave"
certificate may leave his country of origin to return to France until he has
received from his employer a letter recalling him ; this letter must bear the
visa of the Foreign Labour Department (Service central de la main-d'œuvre
étrangère) of the Ministry of Labour or of the Ministry of Agriculture
as the case may be (Circular, dated 15 February 1927).
Colonies.—In New Caledonia the Governor of the Colony decides in
each case, upon the arrival of a ship transporting immigrants, the system
under which such immigrants shall be introduced—i.e. whether they shall
come under the general system established by Decrees of 11 July 1893 and
24 February 1920, or shall come under the special system applied to Javanese
workers, laid down bv the Orders of 30 January 1920, 26 J u l y 1922, and
29 July 1924.
GREAT BRITAIN : Colonies.—Exemption certificates may be issued
by the competent authority, declaring that any person named in the certificate, or any specified class of persons, is not subject to the provisions of
the Immigration Act :
(1) To Indian immigrants under certain conditions
(Borneo-Brunei,
North Borneo, Federated Malay States, Straits Settlements, and
the Non-Federated Malay State of Johore) ;
(2) To previous residents or those who have failed to pass the dictation
test (Jamaica) ;
(3) To a lawful resident who wishes to leave the Colony and is
126
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
apprehensive that he may be excluded upon his return (Northern
and Southern Rhodesia) ;
(4) To intending immigrants who might be excluded as undesirable
on account of standards: or habits of life (Northern and Southern
Rhodesia) ;
(5) To persons born in the Colony (British Guiana).
(Brunei : Indian Immigration Enactment, 1924, sections 7, 9, 13. Borneo
(North) : Indian Immigration Proclamation, 1891, Part III. Federated
Malay States : Labour Code, No. 18 of 1923, sections 37, 43. Jamaica :
Immigration Restriction Law, No. 36 of 1919, sections 5, 7. Northern
Rhodesia: Immigrants Regulation Proclamation, No. 15 of 1915, section 18 (3). Southern Rhodesia : Immigrants Regulation Act, No. 7 of 1914,
section 17 (3). Straits Settlements : Labour Code, No. 14 of 1923, sections
73-75, 78, 81. Unfederated Malay State of Johore : Labour Code. No. 10
of 1924, sections 37, 43.)
Immigrants who would otherwise be prohibited may be given special
permission to land in certain colonies. The Immigration of Undesirable
Persons Ordinance, No. 20 of 1921, permits the Governor oí British Honduras
to grant such permission upon guarantee of the immigrant's good behaviour or a guarantee to pay costs likely to be incurred in his behalf. In
Nigeria, according to the Immigration Restriction Ordinance, 1918, section 11, as amended by Amendment Ordinance, 1924, section 5, the immigrant may make a deposit, and secure a certificate that he is a fit and proper
person to enter. Similar regulations exist in Nyasaland, Somaliland and
Uganda (cf. Chapter III, § I , (f)). (Nyasaland: Immigration Ordinance,
No. 17 of 1922, sections 15, 1(5. Somaliland: Immigration Ordinance,
No. 4 of 1924, section 11, (b). Uganda: Immigration Restriction and
Removal of Undesirables Ordinance, 1913, section 3.)
I n Uganda, furthermore, the immigration officer may permit any person
to whom a certificate has been refused to enter or remain in the Protectorate
if the person is of good character, and if he comes for examination within
six months of the date of entry and reports himself a t the discretion of the
officer and promises to leave the Protectorate within fourteen days if he
fails to receive the certificate of entrance. (Immigration Rules, 1921,
amended 1922.)
GREECE.—Section 14 of the Ordinance of 23 J u n e 1927 lays down
that the President of the Republic may prohibit, upon the proposal of the
Minister of the Interior in agreement with the Ministers for Foreign Affairs
and War, the permanent or provisional residence of aliens in certain regions
or towns of the country.
This prohibition may also be extended to apply to aliens already established or residing in the country at the time when the Ordinance was
promulgated if such measures are called for in the interests of State security.
HONDURAS.—The Aliens Act of 4 February 1926 lays down that the
executive authority is empowered to refuse an alien admission to the
territory at his discretion, when this is considered desirable (section 49).
INDIA.—The Foreigners Ordinance, No. 3 of 20 August 1914, as amended
by Ordinance No. 7 of 14 October 1914, empowers the Governor-Generalin-Council to prohibit or restrict, in such manner as he thinks fit, the entry
of foreigners into India and the liberty of foreigners residing or being in
British India. In particular, he may provide t h a t no foreigners shall enter
India, save by such route or port or place as may be specified in such
Order, that foreigners shall be prohibited from entering or remaining in any
specified area in British India, or shall only be permitted to enter or remain
subject to such conditions and restrictions as he may impose, or that
foreigners shall be prohibited from carrying on trade or business or shall
EXCEPTIONAL MEASURES AND INDIVIDUAL EXEMPTIONS
127
only carry on trade or business subject to such conditions or restrictions
as he may impose.
Act No. I l l of 1 March 1924, to regulate the entry into and residence in
British India of persons domiciled in other British possessions, empowers
the Governor-General-in-Council t o take all necessary steps and to make
rules for the purpose of securing that persons not being of Indian origin
domiciled in any British possession shall have no greater rights and privileges as regards entry into and residence in British India than are accorded
by the law and administration of such possession to persons of Indian domicUe, and to make provisions concerning the manner in which they shall
be established and the penalties which shall be incurred by them in case
of contravention of any of the prescribed provisions, or to authorise the
arrest of persons contravening or suspected of having contravened such
provisions (sections S and 4).
MEXICO.-—The definition of an immigrant (cf. Chapter II) enumerates certain classes of persons not considered to come under that description, more especially persons visiting the country for scientific or artistic
reasons, providing that their stay does not exceed six months. Section 40
of the Act of 12 March 1926 lays down that theatrical performers who
are aliens, engaged by contract in theatrical companies, must individually
comply with the requirements of the law and the regulations thereunder
if they propose to remain in Mexico for more than six months; in
any case they must, in order to enter Mexico, produce their professional
contracts and deposit as security a sum fixed by the Ministry of the
Interior.
Alien students may be exempted by the Minister of the Interior from
fulfilling the immigration formalities if they make application in that sense
and produce an official document proving that they have come to study
in a Mexican official or private establishment (idem).
The same Act lays down that admission to Mexican territory shall be
refused to all individuals who, in the opinion of the executive authority,
ought not to be allowed to enter the country (section 29). The Minister
of the Interior is empowered to suspend temporarily the admission of
immigrant workers when in his opinion the labour market has no need of
such workers; or the Minister may in this respect select the workers whom
he considers necessary (section 65). He is further empowered to suspend,
under whatever conditions he may see fit, the deportation of aliens having
entered the country in contravention of the Act, if he considers the presence
of these individuals necessary (section 35).
I n virtue of these powers the Minister of the Interior issued a Decree on
8 July 1927 suspending provisionally the admission of immigrant workers
belonging to certain races (cf. above, under § 1, (d)).
N E T H E R L A N D S : Dutch Indies.—Section 17 of Royal Order No. 32,
dated 15 October 1915, enumerates certain categories of persons (consular
officials and persons in charge of missions, together with their families,
crews of warships or merchant vessels touching at a port, and travellers in
transit) whose admission is not regulated by the aforesaid Order, and
who are consequently free to enter the colonies. Nevertheless, if any such
person appears to constitute a danger to public order, the Governor-General
may order his expulsion. He m a y also permit certain exceptions in special
cases to some of the provisions of this Order (sections 17 and 18).
The Governor has also been empowered to issue special regulations in
regard to alien persons who are on the same footing as the natives, that is
Oriental persons, who, in the majority of districts, do not come under the
aforesaid regulations, but under the special Coolie Regulations in cases
where they are recruited under contract. (Order cited above, section 20 (2),
and section 3 of the transitory provisions and final provisions ; Ordinance
dated 29 November 1917 (I. S. No. 694), section 1.)
128
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
NEWFOUNDLAND.—The Governor-in-Council may prohibit, for a
stated period or permanently, the landing in the Colony or at any specified
port of entry of immigrants belonging to any race deemed unsuited to the
climate or requirements of the Colony or of immigrants of any specified
class, occupation or character. (Immigration Act, Ch. 29 of 1926, section 12.)
NEW ZEALAND.—The Act of 1920 amending the Immigration Restriction Act, 1908, empowers the Governor-in-Council to exempt nationals of
certain States to be specified by him from the necessity of holding an immigration permit (section 6).
The issue of temporary landing permits is left to the decision of the
Minister of Customs, who may make the landing of individuals subject
to any conditions he may see fit to impose (sections 8 (2) and 9 (3)) or may
at his discretion exempt certain persons or groups of persons from the necessity of possessing such permit (section 13).
In May 1927 the Prime Minister announced that, in consequence of the
existing unemployment crisis, the Government would suspend during a
period of several months the admission of any immigrants to the country,
with the exception of certain specific categories of persons (boys coming
to study in certain schools, domestic servants, and agricultural workers).
This prohibition was continued in December 1927 for a further period.
PANAMA.—As has already been seen in § 1, (d), above, permits may
be granted in exceptional cases for the admission of persons belonging
to races ordinarily excluded. On the other hand, section 2 of Act No. 13
of 1926 lays down that admission to Panama territory may be refused,
by way of reciprocity and for similar motives, to aliens who are nationals
of countries which themselves refuse to admit Panama nationals.
PARAGUAY.—Over and above the usual exceptions according free
entry to diplomatic and consular representatives, Decree No. 20173 of
24 February 1925 authorises the admission of senators, members of parliament, and foreign officials of sufficiently high rank upon simple proof of
their status (section 13/c). I t is, however, laid down that priests and ecclesiastical functionaries shall not be included among the favoured classes ;
persons coming under these descriptions are required to hold legal
documents and to submit to the conditions laid down for admission
(section 13/).
According to section 4 of the Immigration Act of 6 October 1903, aged,
sick or infirm persons who can prove that they belong to a family
comprising at least two sound persons admissible as immigrants or
already settled in the country, or that they have sufficient private
means, may be admitted; they are, further, entitled to exemptions and
advantages provided for by law, with the exception of advantages relating
to employment in the industries of the country.
By the same Act the executive authority is empowered to favour such
immigration as will be of the greatest utility to the country and further
to restrain by whatever means ma.y seem opportune undesirable, useless or
dangerous immigration. The said authority is moreover empowered to
limit or suspend temporarily the issue of immigrants' travelling tickets
after having heard the opinion of the Council of Ministers (section 2).
POLAND.—Section 12 of the Aliens Ordinance of 13 August 1926
empowers the Council of Ministers to prescribe by Decree, for reasons of
State or from political, economic, or health motives, exceptional and temporary restrictions upon the entry, stay, exit, or transit of aliens.
These restrictions may include : (a) the partial or total closing of frontiers; (b) prohibition of the stay or settlement of aliens on Polish territory;
(c) restriction of freedom of movement upon Polish territory; (d) application of certain supervisory measures.
9
EXCEPTIONAL MEASURES AND INDIVIDUAL EXEMPTIONS
129
Any decision taken in this respect by the competent authorities is without
appeal.
P O R T U G A L . — According to Decree No. 13919, dated 7 June 1927,
the Minister of the Interior may prohibit the admission to the country
of any alien, even one in possession of satisfactory papers, when the individual concerned nevertheless appears to be a suspicious character, or is a
person against whom any accusation has been made (section 12).
Colonies.—The Decree of 4 July 1906 empowers the Governors of oversea
provinces to take exceptional measures for $he restriction of free alien immigration, when the interests of the State render such measures desirable.
RUMANIA.—The Act of 11 April 1925 empowers the Minister of Labour,
on the advice of the Migration Commission, to impose temporary restrictions upon immigration, for reasons of public order or for financial reasons
to protect Rumanian workers and safeguard the hygiene, sanitation and
morality of the country, and in respect of nationals of States which impose
restrictions upon the immigration of Rumanian citizens to adopt measures
similar to those of the State in question.
Exceptional provisions may also be made to restrict the immigration of
workers of any specific occupation in order to avoid economic disturbance ;
supervising officials at frontier stations and diplomatic and consular agents
are immediately informed of any such provisions (sections 1 and 35).
SIAM.—According to the Immigration Act of the year 2470 of the
Buddhist Era (1927) a passport is not asked for in the case of diplomatic
officials and their families, persons in charge of official missions, or members
of the crew of a foreign ship. The Minister of the Interior is further empowered to exempt from the obligation to hold a passport passengers travelling by the Royal Siam Railway Company across Siamese territory in order
to reach a territory situated outside of Siam, as well as persons resident in
the frontier zones of neighbouring States for the purpose of frontier traffic
(section 6). Further, diplomatic and consular officials and travellers in
transit are also exempted from provisions which may be laid down in regard
to possession of a minimum capital and the fixing of an annual quota (section 9). Moreover, the Minister of the Interior is empowered to grant an
alien individual permission, contrary to the provisions of the said Act, to
enter the country under such conditions as the Minister may see fit to impose
(section 10).
S O U T H AFRICA.—Section 25 of the Immigrants Regulation Act,
1913, states that any person who desires some assurance as to his title t o '
return to the Union without coming under the restrictive provision of the
Act can obtain from an immigration officer a permit described as a certificate of identity.
The person in question must prove lawful residence in the Union (Regulation 21). A fee is charged for this certificate, the duration of which is
limited to three years. Holders of these documents who do not return to
the Union within the currency of the certificate may be required to undergo
the test imposed by law (fifth annex of the Regulations).
SWITZERLAND.—By the Decree of 29 November 192Ì, the Federal
Council reserves the right, with a view to facilitating the admission of persons coming from European or oversea countries, to make general provisions or provisions limited to journeys for certain specific objects, or to
prohibit completely or partially the admission of aliens, and further to
introduce special measures in regard to the admission of nationals of certain
States, or special regulations in regard to determined frontier zones when
danger of a political, economic or sanitary nature exists or when a foreign
9
130
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
State takes special measures to ¡restrict the entry of Swiss nationals to its
territory (section 10).
• TURKEY.—In§ l,(d), it has already been said that, in accordance with
Act No. 885 of 31 May 1926, the only aliens admissible are those of "Turkish
race"; however, section 4 of the: Act cited provides that exceptions may
be allowed in respect of persons going to Turkey in virtue of a special convention, who may be allowed to enter and to establish themselves there
in conformity with the clauses of such convention and of decisions taken
by the Government.
The Minister of the Interior is competent, in conformity with decisions
taken by the Government, to authorise the admission of persons coming
from abroad either singly or in groups with the object of settling upon
the territory of the Turkish Republic, to select a place of residence for them,
and to conduct them to it (section 1).
VENEZUELA.—By section 13 of the Act of 23 J u l y 1925, the right
is reserved of refusing admission to any alien whom the President of the
Republic m a y regard as inadmissible.
Section 6 further empowers the President to decide whether priests shall
be admitted or shall be re-embarked.
Aliens coming to the country without the intention of remaining there
permanently are excluded from the provisions prohibiting admission, as
are also persons who are expressly excluded from the scope of prohibitive
measures by international Treaties or Conventions (section 13 (2)).
§ 4.—Legislation relating to Clandestine
Immigration
The reasons for the phenomenal growth of clandestine emigration is explained in Volume I of the present study. The position is, of course, similar, considered from t h e point of view of
immigration. The strictness of the regulations, both upon arrival
and upon departure, has given rise to a considerable amount of
illicit immigration which the countries concerned try to stop b y
means of legislation.
Several categories of persons are subjected t o supervision, as
follows :
(a) Stowaways : persons travelling t o their destination b y
hiding on board outgoing vessels and who in consequence are not included upon any passenger list;
(b) Workaways : persons passing as members of the crew,.
who 7 in reality are trying t o emigrate (the following
subsection details the precautions taken in regard t o
mala fide seamen and deserters);
(c) Persons included on the passenger list of a -vessel b u t who,
knowing themselves to be inadmissible t o the country
of destination, endeavour t o effect a secret landing
LEGISLATION RELATING TO CLANDESTINE IMMIGRATION
131
prior to the inspector's visit in order to escape this,
or even after an unfavourable decision has been come
to by the inspector;
(d) Fraudulent transmigrants : persons who endeavour to
enter or remain in the territory of a State with a passport
stipulating a neighbouring State as ftheir destination.
Within the various countries active steps are taken to seek
out individuals who have entered fraudulently. I t is frequently
laid down in immigration laws that any person found upon the
territory without having undergone the examination for admission
shall be deported, without prejudice, as a rule, to additional
penalties. There are cases, however, in which such persons have
merely to undergo an examination, as a result of which they are
either deported or legally admitted.
Some provisions relate also to the complicity of transport
companies in such attempts at clandestine immigration, and in
general to complicity of any kind with this object in view.
Extremely severe penalties are frequently provided in the case of
public officials found guilty of complicity or even of complaisance
in respect of clandestine immigrants. Sometimes persons
assisting in the conviction of individuals contravening the
provisions are rewarded for their trouble.
Neighbouring countries sometimes arrange to assist each other
in the restriction of clandestine immigration.
JAPANESE MANDATED TERRITORY : South Sea Islands.—
The Ordinance of 2 February 1925 empowers the chief of the local administration office to prohibit the landing or order the expulsion from the
South Sea Islands of persons contravening the provisions of the Ordinance
or making use of a passport or certificate of nationality belonging to any
other person, or having obtained their own visa by fraudulent means
(section 4).
ARGENTINA.—Sections 10 and 11 of the Decree of 31 December 1923
prohibits the admission to Argentine territory of clandestine travellers and
aliens whose actual destination is Argentina, although they carry a
passport visaed by the consul of a neighbouring State as if they intended
to go to a port of that State. Captains of ships bringing such passengers
to Argentina are liable to a fine which may amount to 100 gold pesos,
the amount being settled in each individual case by the General Immigration Office.
AUSTRALIA.—An officer may detain and search any vessel within
the territorial waters of the Commonwealth to ascertain whether there are
any stowaways on board. If a vessel conies into port in Australia with
a stowaway on board, who is a prohibited immigrant, the -master, owners,
agents and charterers of the ship are liable to a fine of £100 for each
132 THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
stowaway. A stowaway is considered a prohibited immigrant if he fails to
pass the dictation test or if the officer refuses to give him permission to
land without restriction. (Immigration Acts, 1901-1925, section 9A-9D.)
Papua.—The regulations provide that any immigrant who evades
t h e supervision of the immigration officer may, if at any times thereafter
he is found in the territory, be required to pass the dictation test, and
shall, if he fails to do so, be deemed a prohibited immigrant offending against
the Ordinance. (Immigration Restriction Ordinance, No. 2 of 1908, section 6.)
BELGIUM : Congo.—The Legislative Ordinance of 8 March 1922
provides that a person having assisted an undesirable individual to evade
the decision of a n immigration official and to evade deportation shall be
liable to a fine of 2,500 francs or a term of three months' imprisonment.
The same penalties are provided for in the case of a person sheltering or
knowingly aiding an undesirable individual to deceive the administrative
authority with a view to obtaining permission to enter the Colony or
having obstructed immigration officials in the discharge of their duty as
laid down by Decree (section 19).
BRAZIL.—Section 14 of the Instructions dated 30 J u n e 1925 lay down
that it is forbidden in railway stations or at other points of embarkation
situated on or near the frontier to sell or give tickets for the interior of
the country to immigrants not producing the required papers duly legalised by immigration inspectors. In accordance with the Decree of 6 January
1921, "any alien expelled from the territory who returns to Brazil before
or unless the Order for his expulsion has been revoked is liable to a term
of two years' imprisonment, after whish he will again be expelled (section 6).
CANADA.—Any person who enters Canada except at a port of entry,
or who at a port of entry eludes examination by an officer or Board of
Enquiry, or who enters Canada by force, misrepresentation or stealth is
guilty of an offence against the Immigration Act, and liable on conviction
to a fine of not more than $200 ' or to a term of imprisonment not exceeding three months, or to both fine and imprisonment. Such entry is in
itself sufficient cause for deportation whenever so ordered by a Board of
Enquiry or by an officer in charge. (The Immigration Act, 1910-1924,
section 33 (7).)
Any director, official or employee or any person interfering with a n immigration officer in the performance of his duty, or knowingly assisting in
the escape of anyone detained in. the custody of an immigration officer or
a t a n immigration station, or giving false information to assist the landing
of any person who would otherwise be excluded under the Act, is liable.
to a fine of not more than $500 and not less than $20, or to a term of
imprisonment for a period not exceeding six months, or both.
(Idem,
section 33 (9).)
If the master of any ship arriving at any port in Canada permits any
stowaway to leave the vessel without permission of the immigration officer
in charge, or through negligence permits the stowaway to escape from the
vessel before the immigration officer in charge has given permission for thè
stowaway to be landed, or after such stowaway has been ordered to be
deported, or, in the.event of such escape, fails to report it forthwith to the
immigration officer in charge, he: is liable to a fine of not more than $100
and not less than $20 for every stowaway so leaving or escaping from the
vessel. (Idem, section 49.)
'One Canadian dollar = approximately 4s. Id. (28 Jan. 1928).
LEGISLATION RELATING TO CLANDESTINE IMMIGRATION
133
DENMARK.—The fact of having entered Denmark without a passport
or of having aided another person so to enter renders any individual liable
to a fine and, in a serious case or one of repetition of the offence, to a term
of imprisonment. The offender, if an alien, is deported.
The captain of a vessel having brought a passenger in such circumstances
is also held responsible ; he is liable to a fine, and, if the offence entails repatriation of an alien, both the captain of the vessel and the transport company
(or its representative in Denmark) are jointly responsible for payment to
the police of an amount representing the cost of repatriation. (Act of
31 March 1926, section 3.)
F R A N C E : Colonies.—In West Africa any person who has been refused
permission to land and who by fraud or any other means has succeeded
in entering the territory is liable to a fine of from 100 to 500 francs 1,
together with a term of from two to six months' imprisonment, or to one
of these penalties.
Individuals having aided or abetted the landing of any such person are
liable to the same penalties, and lighter penalties may be inflicted upon
persons having facilitated such landing by their negligence.
Transport companies are obliged to repatriate passengers brought by
them who have been convicted of clandestine landing after they have completed their sentence. (Decree of 24 January 1925, sections 5 and 7.)
In the French Establishments in Oceania and Madagascar, the captain
of any vessel transporting immigrants and allowing an immigrant to land
before he has been authorised to do so by the Chief of the Immigration
Service is liable to a fine of from 25 to 100 francs for each person so landed.
He is further liable to a term of from six to fifteen days' imprisonment.
(Madagascar .Decree for the Regulation of Immigration, dated 6 May 1903.
French Establishments in Oceania: idem, dated 24 February 1920.)
G R E A T B R I T A I N : Colonies.—Provisions concerning the admission
of stowaways are to be found in the laws of many of the British colonies.
I n the Bahamas, in Barbados and in Bermuda stowaways are allowed
to land only if the consular agent of the country to which they belong or
the agent of the ship that brings them agree to see t h a t they do not become
chargeable to the Colony before such time as they can be reshipped.
Stowaways must be taken back on board and carried out of the territory
at the expense of the master, in the colonies of Fiji, Gambia, Honduras
and St. Lucia. This is also the case in Bermuda if the stowaway is proceeded
against and imprisoned there or fined under the provisions of the Merchant
Shipping Act, 1894, and if the ship on which he was brought returns within
sixty days.
A term of imprisonment is imposed in Ceylon, Fiji, Hongkong, and Honduras. A fine is incurred by the stowaway in Hongkong and the Straits
Settlements. I n Gambia he is liable either to a fine or to imprisonment.
In Hongkong and Sierra Leone the master incurs no further responsibility for a stowaway if, immediately upon arrival, he hands him over to
the police authorities. (Bahama Islands : Immigrant Paupers (Prevention)
Act, 1908, section 8. Barbados : Immigrant Paupers (Prevention) Act,
No. 29 of 1909, section 10. Bermuda : Immigration Act, 1902, sections 1
(5i), 33. Ceylon : Destitute Immigrants Regulation (Amendment) Ordinance,
No. 3 of 1910, section 2. Fiji : Immigration Restriction Ordinance, No. 2
of 1909, as amended by No. 7 of 1917, sections 5 (1/), 7 (1). Gambia :
Immigration Restriction Ordinance, No. 12 of 1924, section 15. Hongkong : Stowaways Ordinance, No. 3 of 1924, and Vagrancy Ordinance,
No. 9 of 1897. British Honduras : Immigration of Undesirable Persons Ordinance, No. 20 of 1921, section 5 (1/), 7 (1). Sierra Leone : Immigrant
' One French franc = approximately 2d.
134
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
Paupers Ordinance, No. 26 of 1909, section 4. Straits Settlements : Labour
Ordinance, No. 14 of 1923, section 71 (1). Windward Islands : St. Lucia :
Undesirable Immigrants Ordinance, No. 6 of 1924, section 17.)
In Zanzibar the immigration by land, sea or air of a prohibited immigrant is forbidden. Any person who by a false declaration obtains, either
for himself or for another person, a certificate or document to which the
individual concerned is not entitled, with the object of ensuring admission
to the Protectorate of a person not otherwise admissible, and any person
making fraudulent use of such certificate or other document, renders himself
liable to a penalty (either a fine or a term of imprisonment). (Decree No. 8,
dated 26 March 1923, sections 4., 26 and 28.)
GUATEMALA.—-Transport companies bringing inadmissible immigrants to the national territory Eire liable, under the laws of the country,
to a fine of 300 dollars. (Act of 15 September 1924.)
JAPAN.—The Prefectural Governor may prohibit the admission to the
territory, or may order the explulsion therefrom, of any person having
infringed the provisions of the Admission of Aliens Ordinance, or having
made use of a spurious passport or certificate of nationality, or having
obtained a visa under false pretences. (Ordinance No. 1, dated 24 January
1918, section 4.)
LATVIA.—-Persons failing to observe the provisions relating to admission to the country are liable to a fine of 1,000 lats ' o r a term of six months'
imprisonment. (Act of 7 March 1927, section 3.)
MEXICO.—Aliens entering the country in violation of the law or in
contravention of its provisions are liable to a fine of troni 100 to 1,000 pesos *,
and are deported. The return passage is made at the expense of the transport company by which such passengers were brought to Mexico. (Act
of 12 March 1926, section 85.)
NETHERLANDS : Dutch Indies.—Any person making use of an
admission card or residence permit made out in the name of any other person
is liable to a fine or a term of imprisonment, arid is also deported from the
Colony. (Royal Decree No. 32, dated 15 October 1915, section 16.)
PANAMA.—Any alien whose immigration is prohibited and who nevertheless enters3 the territory of Panama, is punished either with a fine of
500 balboas or a term of one year's imprisonment with hard labour;
after completion of the sentence, such person is deported.
Any person responsible for the introduction to the national territory
of an alien whose immigration is prohibited is liable to a term of three months'
imprisonment for the first offence, and from three to twelve months'
imprisonment for subsequent offences. If the person in question occupies
a public position, he is further liable to the loss of his appointment and
to be declared ineligible to hold any public office during a period of five
years.
Persons, undertakings, or companies found to have in their employment
immigrants whose immigration has been prohibited and who have entered
the country clandestinely are regarded as accomplices in the infringement
of the law; they are in consequence punished by the infliction of a fine
of 250 balboas for every such immigrant. Transport companies having
brought to the country individuals whose immigration is prohibited are
1
2
3
One lat = approximately lOd.
One Mexican peso = approximately 23. id.
One balboa = approximately 4s. ¿!d.
LEGISLATION RELATING TO CLANDESTINE IMMIGRATION
135
fined 500 balboas, and have further to return the individuals referred to
either to the port from which they came or to another port outside the
national territory, at their own expense.
Any person giving information leading to the discovery of a clandestine
immigrant excluded by the law is entitled to one-half the amount of the
fine or fines paid as a result of such information being given. (Act No. 13,
dated 23 October 1926, sections 4-8.)
PARAGUAY.—Captains, agents and proprietors of ships have to pay
a fine in respect of every immigrant brought to the country in violation of
the law, without prejudice to their liability to return such immigrant to
his place of origin. The same penalties are incurred by persons illegally
introducing immigrants by a land route. Consuls who visa the documents
of immigrants not complying with the conditions laid down by the laws
and regulations of Paraguay and by those of the country which the immigrants are leaving are regarded as responsible for the offence committed,
and have to pay the fine mentioned above. (Decree No. 20173, dated
24 February 1925, sections 8, 9 and 12.)
RUSSIA.—According to the Maritime Service Decree, No. 560, dated
20 March 1924, if passengers having no passport or whose passport has
not been visaed are found on board any vessel arriving from a foreign
port, the captain is required to take the necessary steps to prevent the
landing of such persons, who must be handed over to the port authorities
(section 60).
I n accordance with the Decree of 21 March 1921, persons entering Russian
territory clandestinely are liable to a fine and to a term of imprisonment.
SALVADOR.—Cf. § 2 of Chapter X.
SIAM.—An alien entering the Kingdom clandestinely, either by concealing his identity in order to evade the provisions of the law or in contravention of the immigration regulations, is lable to a fine not exceeding
1,000 bahts K Any person bringing a n alien into the Kingdom in contravention, or assisting any person to evade the provisions, of the law is liable
to a term of six months' imprisonment or a fine of up to 200 bahts or to
both these penalties. (Act of 11 J u l y 2470 of the Buddhist Era (1927),
sections 14 and 15.) Cf. also § 2 of Chapter X , for provisions •concerning
the deportation of persons found upon Siamese territory in contravention
of the laws.
S O U T H AFRICA.—It is the duty of the master of any ship which
enters any port to deliver to the immigration officer a list of stowaways,
if any have been discovered. (The Immigrants Regulation Act, 1913,
section 12.)
SWITZERLAND.—According to the Decree issued by the Federal Council
on 29 November 1921, an alien who with the intention of deceiving any
police authority makes use of forged or altered legitimation papers, or of
papers belonging to another person, is punished with a term of up t o twelve
months' imprisonment. Any person who, by evading provisions in force,
enters or resides upon Swiss territory, is liable to a penalty of not more
than sixty davs' imprisonment or a fine of up to 5,000 francs 2 or both (section 21).
U N I T E D STATES.—The Immigration Rules, 1927, provide t h a t alien
1
2
One b a n t = approximately Is. lOd.
One Swiss franc = approximately lOd.
136
THE BIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
stowaways shall be manifested and produced for inspection in the same
manner as are other aliens, and the fact that they were stowaways shall
be indicated on the manifest. (Rule 2 B (4).)
. Aliens arriving at seaports of the United States as " stowaways", or
alien "stowaways" who arrive as "workaways", shall be held for examination by a board of special enquiry. Unless the board reaches the conclusion
that beyond a doubt the alien, except for being or having been a stowaway,
is entitled to land, it must exclude. Appeal is allowed in such ease unless
some mandatory reason for exclusion is found to exist. (Rule 3 (O) 1927.)
Any person, including the master or owner of a ship, who brings into
or lands in the United States, by vessel or otherwise, or attempts to conceal
or harbour any alien not duly admitted by an immigrant inspector, is liable
to a fine not exceeding 2,000 dollars, and to imprisonment for a term
not exceeding five years for each such offence. (Immigration Act, 5 February
1917.)
By the Immigration Act of 1&24 it is unlawful for any person (owner,
master, agent, charterer or consignee of any vessel, or any transportation
company) to bring to the United States by water from another country
—other than foreign contiguous territory—( 1 ) an immigrant who has no unexpired immigration visa, or (2) a quota immigrant having an immigration
visa that specifies him as a non-quota immigrant.
If an immigrant has been so brought the above-mentioned persons concerned are liable to a fine and to the return to the immigrant of the total
expenditure incurred for transpoitation from the initial point of departure
(section 16).
URUGUAY.—The captain of any ship is required, upon arrival a t the
port of entry, to submit a complete list of passengers to the landing
inspector.
If the number of immigrants found on board by the inspector is less than
the number whose names are included in the passenger list, and if the
captain is unable to offer a satisfactory explanation of their absence, he
has to pay a fine of 100 gold pesos 1 for every missing passenger.
If the passenger is subsequently traced, and is found to have escaped
the examination upon landing, the same fine is payable, without prejudice to the obligation on the parb of the captain to return the individual
in question to the port from which he came. (Decree dated 18 February
1915, sections 9, 13, and 14.)
§ 5.—Special Legislation relating to Seamen
There are three aspects of seafaring life which may be almost
regarded as aspects of immigration, as follows :
(a) The engagement of alien seamen to serve on board a
vessel, who thus come under the national flag;
(b) The prolonged stay upon the territory of a nation of alien
seamen belonging to the crew of a vessel flying the
flag of that country;
(c) The prolonged stay upon the territory of a nation of alien
seamen belonging to the crew of an alien vessel.
1
One Uruguayan gold peso = approximately 4s. od.
SPECIAL LEGISLATION
RELATING TO SEAMEN
137
The first of these (engagement of the seaman) is regulated more
particularly by the maritime codes and laws of each country.
On the other hand, immigration laws frequently include provisions relating to the landing of alien seamen. As in the case of
legislation relating to the emigration of seamen, the principal
legal provisions existing in this respect can only be briefly touched
upon here. For further information on the subject, the reader
cannot do better than consult the detailed documentary studies
in regard to seamen undertaken and published by the International Labour Office1.
EMPLOYMENT OF ALIEN SEAMEN
In connection with the employment of an alien seaman, there
are two phenomena to be considered : (a) his engagement,
(b) his repatriation upon expiry of his contract.
(a) Engagement of alien seamen. In some countries the
employment of aliens on board merchant vessels flying the national
flag is subject to certain restrictions. Some of these restrictions
are inspired by a political motive and are only of an occasional
character; these merely affect the nationals of ex-enemy countries.
For example, according to section 47«, of the Australian Navigation Act, 1912-1920, aliens are not allowed to seek engagement or
even to be employed in a specialised capacity on board an
Australian ship unless they produce sufficient proof of their
nationality, as no ex-enemy alien (Austrian, Bulgarian, German,
Hungarian, or Turk) is allowed to sign a contract of employment.
The same applies to seamen having an insufficient knowledge
of the English language.
Other restrictions are of a more general character; they appear
at one and the same time as measures tending to ensure the safety
of a vessel and homogeneity of the national mercantile marine,
and as measures for the protection of national labour. Under
the latter aspect, they may be compared with the provisions by
which in many countries the employment of aliens in industrial,
commercial and agricultural establishments is regulated. In
Cuba and Mexico it is provided that alien seamen may not be
engaged in a foreign port unless this is necessary to complete the
1
Cf. more particularly : Seamen's
(Seamen), N o . 1. Geneva, 1926.
/
Articles of Agreement.
Studies a n d Reports, Series P
138
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
crew in exceptional circumstances, and with the authorisation
of the consul. In a national port, a crew may not consist of
aliens to the extent of more than one-fifth of the total number of
persons employed. (Section 634 of the Cuban Commercial
Codes, and section 709 of the Mexican Commercial Code.)
In France and Italy, where the crews of mercantile vessels are
engaged in accordance with a system of maritime registration,
a proportion (25 per cent.) only of a vessel's crew may be made up
of aliens.
In Peru, the crew of any national vessel must be composed of
nationals of the country to the extent of at least two-thirds.
Nevertheless, an exception is allowed in the case of ships coming
from abroad, where it has been impossible to make up the crew
in the proportions provided for by law. Further, for this purpose,
alien seamen who have served a period of two years in the Peruvian
Navy, and were not discharged for bad conduct, may be considered
as Peruvian nationals. (Regulations of the Mercantile Marine,
sections 515-517.)
In Bulgaria, except in special circumstances, any person entering
service on board a mercantile vessel belonging to the Bulgarian
Company must be a Bulgarian or a Bulgarian subject. (Regulations of the Bulgarian Company, section 3.)
The officers of a vessel are usually required to be nationals of
the country whose flag she flies.
There are some countries, however, in which seamen are excepted
from the scope of measures to restrict the employment of alien
workers. For example, it is stipulated in Germany that the provisions of the Ordinances of 2 January 1923 and 2 January 1926
respecting the engagement and employment of alien workers
do not apply to work on board ship (section 1).
The procedure for the engagement of alien seamen, moreover,
frequently differs from that; in accordance with which national
seamen are engaged.'
(b) Special system employed for the repatriation of alien seamen.
As has already been seen in Volume I (§ 5 of Chapter III) of the
present study, the Maritime Codes of most countries lay down
that seamen engaged to serve on board a ship must be repatriated
by her owners, either at the conclusion of their contract in a
foreign country or in certain, cases where they have had to be put
ashore (sickness or accident necessitating hospital treatment,
SPECIAL LEGISLATION RELATING TO SEAMEN
139
loss of t h e vessel, etc.). However, the ordinary provisions
relating t o repatriation do not apply in every case t o alien
seamen. When an alien seaman has been ngaged in a port
of t h e country whose flag the vessel flies, it is usual to allow him
t o benefit b y a provision t h a t he shall be repatriated a t the
expense of t h e shipowners; b u t this is rarely the case when an
alien seaman is engaged in a foreign country. Thus the British
Merchant Shipping Act of 1906 lays down in section 32, (3), t h a t
t h e provision for repatriation "shall not apply in the case of a
foreign seaman who has been shipped a t a port out of the United
Kingdom and discharged at a port out of the United Kingdom".
Seamen so engaged are not entitled t o repatriation a t t h e expense
of the shipowner. The Scandinavian Maritime Acts (Denmark :
1 May 1922; Finland: 8 March 1924; Norway : 16 February 1923;
Sweden : 15 J u n e 1922) lay down t h a t as a general rule alien
seamen left behind in any place for t h e purpose of hospital
treatment or stranded following the loss of the vessel are not
entitled t o a free passage; nevertheless, these Governments
reserve the right t o extend t o alien seamen the advantages provided for national seamen on t h e basis of reciprocity.
Other laws provide unreservedly t h a t the seaman shall be
repatriated as far as the port at which he was shipped or t o some
other port specified in t h e agrément. Among these may be
mentioned t h e Canadian Merchant Shipping Act, t h e French
Maritime Code of 1926, the German Seamen's Act of 1902, etc.
I t has already been noted in Volume I (§ 5 of Chapter I I I )
that, in certain cases, instead of furnishing a seaman left' abroad
with a free return passage, it is permissible t o require him t o
accept service on board a vessel flying the flag of his country
bound for t h e port to which he is entitled t o be returned, or for
a port near his final destination; the German Act lays down in
section 79 t h a t aliens may in similar circumstances be required
t o accept service in the same way on board a vessel of their own
nationality.
L A N D I N G OF A L I E N SEAMEN ON NATIONAL T E R R I T O R Y
I n most States the immigration regulations do not apply t o
alien seamen belonging t o the crews of ships touching at national
ports; such aliens, provided t h a t they are bona fide seamen, are
140
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
usually allowed to land temporarily while their ship remains
in port without having to comply with the usual formalities for
admission. However, their landing is usually subject to the
vessel being found to comply with certain sanitary conditions,
and seamen suspected of infection or suffering from an infectious
disease are not allowed to land. Immigration regulations in
general do not apply to alien seamen who because of either
sickness or accident have had to be left behind by their ship in
order to receive needed medical assistance. Precautions of
various kinds are, however, taken by the different countries to
prevent non-admissible aliens from taking advantage of the privilege allowed them as seamen to immigrate freely to the country.
An essential point to be noted is that the majority of legal
provisions concerning the landing of alien seamen draw no distinction between the crew of a national vessel and that of .a
foreign vessel. The legislation of some countries will, indeed,
be found to contain certain provisions to regulate the engagement
of aliens to serve in the Navy; such provisions are, however,
very rare, and where they do exist they seldom bear any resemblance to those relating to immigration properly so called,
as the conditions for admission as immigrants are much more
precise and usually much stricter. Thus, an alien seaman
belonging to the crew of a national vessel is not necessarily regarded
as an admitted immigrant in the country of such vessel.
In order to guard against, the irregular immigration of aliens'
having arrived as members of a ship's crew, various methods are
resorted to, which, moreover, are not reciprocally exclusive and
are often made use of concurrently with a view to ensuring the
maximum security in this respect.
The simplest method consists of requiring alien seamen landing
temporarily to present a document of identity signed by the
captain of the vessel, which serves as a proof that such persons are
bona fide seamen and makes the captain responsible for their
returning on board (Australia: Navigation Act of 1912-1920;
French West Africa : Decree relating to the admission of aliens,
dated 24 January 1925, etc.). In some instances a special
document is required; e.g. in Argentina any seaman inscribed
as a member of the crew of a ship which enters any Argentine
port must have in his possession either a navigation book or an
individual identity card, made out in duplicate and bearing such
SPECIAL LEGISLATION RELATING TO SEAMEN
141
seaman's photograph. Within the forty-eight hours following
arrival of t h e vessel the individual card must be submitted t o
the authorities of the General Immigration Office to receive their
visa. No seaman may be allowed to land until the card has been
so submitted. (Circular No. 7, dated 25 J u l y 1925.)
I n order t o ensure t h a t no seaman shall remain without authorisation after t h e ship t o whose crew he belongs has left, it is
frequently laid down t h a t the captain of a ship shall, upon her
arrival and again upon her departure, submit t o the maritime
on immigration authorities a list of members of the crew as then
existent, with an indication of each person's nationality. Some
regulations provide for the roll to be called at the time of departure,
in the presence of a competent official, who checks off the list
presented when t h e vessel arrived. Seamen who are missing are
inscribed as deserters and prohibited immigrants ; when found
upon the national territory they become liable to the penalties incurred as such. (Australia: Immigration Act, 1901-1925, section 2,
(3k) ; South Africa : Immigration Regulation Act, 1913, section 15.)
Certain laws, however, lay down t h a t alien seamen are not
deemed t o be prohibited immigrants, punishable as such, so long
as the ship remains in port (South Africa: Act t o Regulate Immigration, 1913, section 5, (bj).
I t is also frequently provided
t h a t persons in charge of a ship which has allowed a seaman to
abscond in this way themselves become liable to various
penalties, such as the deposit of a certain sum as security
which will only be returned after the deserting seaman has
been found (Mandated Territory of South-West Africa,
Argentina,
Australia, etc.).
The laws governing the landing of seamen sometimes require
the master of a vessel to inform the local immigration or maritime
services of any case of a seaman having landed without his consent.
For example, in Argentina the captain of a ship must inform the
port authorities of any occurrence of the kind ; he must also hand
over the papers of the person in question and deposit a sum of up
t o 1,000 pesos as security. This sum is returned subsequently
if it is proved t h a t the deserting seaman either has left the national
territory or complies with the conditions laid down for admission
to the country, failing which the amount becomes definitely the
property of t h e Government.
When a ship is obliged to leave an alien seaman behind owing
142
THE BIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
to his condition of health, or for some other valid reason, it is
often stipulated that either the consul of the country whose
flag is flown by the said vessel or the consul of the country to
which the said seaman belongs must undertake the responsibility
for all landing expenses and, in the event of the person concerned
remaining in the country and later becoming destitute, the
cost of his maintenance and repatriation (Australia: Navigation
Act, 1912-1920; Barbados: Act No. 35 of 1927; etc.).
Often, also, the temporary landing of alien seamen is subject
to the authorisation of the port superintendent ( Great Britain :
Aliens Act of 1925, section 2) or to that of the local administrative
authorities (India : Merchant Shipping Act of 1923) or of special
immigration services (Palestine: Regulation of 15 March 1926).
An authorisation of this nature is sometimes accorded in the
shape of a special certificate made out for a limited period.
For example, in the United States a seaman who is sick must,
in order to be allowed to land, obtain authority to do so temporarily in a form called a "Certificate of Afflicted Seaman"; this
is made out for thirty days, and is renewable in case of need
(Immigration Rules, 1925). If, when an alien seaman has been
allowed to land temporarily under these conditions as a non-immigrant, he takes up an occupation in the country or remains there
longer than sixty days, he is considered to be no longer entitled to
the special status of an alien seamen; he is then taken into custody
and deported as a clandestine immigrant (Rule No. 6, I of 1927).
Provisions also exist for the recovery of expenses for maintenance and repatriation which may be incurred on behalf of a
seaman left behind. In Denmark, such expenditure must be
reimbursed by the ship which left the seaman behind, or by the
shipping company's representative (if any), in Denmark (Act
of 31 March 1926). In Norway, the owners of vessels which
have allowed alien members of their crews to land remain responsible during the three months following for expenditure
incurred by the Norwegian Government if for any reason the
alien has to be deported (Act of 22 April 1925). In Great Britain
it is stipulated by the Merchant Shipping Act that the captain
of any vessel who leaves behind in a British port a national of
any country which has no consular agent in Great Britain is
liable to a fine of £30, which is applied in the first place to assisting
or repatriating the seaman so abandoned. If the person concerned
SPECIAL LEGISLATION RELATING TO SEAMEN
143
is a Lascar or any other native of India, the reimbursement of any
expenditure incurred is claimed from the Government of India,
which may in turn recover such amount from the shipping company
by which the seaman was engaged upon his home territory.
In Australia it is provided by the Navigation Act that if any
seaman is left behind in a port of that country without the
consent of the consular representative of the country whose
flag the vessel flies, and without the permission of the port
superintendent, the shipping company is called upon to reimburse
to the Australian Government all expenditure incurred for the
repatriation of the seaman concerned.
Moreover, seamen who are legally admissible may, if they wish,
be definitely admitted to a country like any other immigrants,
provided that they pass the examination for admission and
duly comply with all the conditions imposed by law. The legislation of several countries lays down explicitly that they are
definitely required in such circumstances to conform to the general
immigration rules (e.g. United States: Rule No. 6, F, 1927).
Further provisions exist to deal with the cases of alien seamen
belonging to certain categories of persons who are either explicitly excluded by the immigration laws of the country in which
they land or who at all events come under a special system.
Thus, many regulations are specially designed to deal with seamen
belonging to races whose immigration is either prohibited or
subjected to restriction. For example, in Canada, seamen of
Chinese origin are not allowed to land. Ships employing individuals of Chinese origin as seamen of whatever class are required,
upon their arrival in port, to deposit a sum of money as
security for every Chinese on board (Order-in-Council, P. C. 1275).
No seaman of Chinese origin is allowed to land in Cuba. If
any such land upon the express order of the master, entire
responsibility rests upon the latter (Decree No. 570, dated
27 April 1926, section 14). In the French Colony oí Indo-China,
Asiatic alien seamen may not land unless they are in possession
of a special pass issued by the Immigration Service direct to
the master of the ship and returned by him upon departure
(Decree of 16 October 1906). In Tonquin, Chinese members of
the crews of foreign ships registered at Haiphong must have
what is called a "capitation card" like ordinary Chinese immigrants. Chinese owners of junks or boats are required to obtain
144
THE RIGHT TO IMMIGRATE AND RESTRICTIONS ON THIS RIGHT
a special residence permit renewable month by month, for which
a fee is payable. The Chinese master and crew of any fishing
vessel must also obtain individual residence cards bearing the
finger-prints of the holder; and these cards do not entitle the
holders to circulate in the country (Order of 12 December 1923,
sections 25 to 31). As a further example of a special system
applied to seamen belonging to certain races, we may cite the
provisions of the Order of Great Britain dated 18 March 1925
relating to the compulso^ registration of coloured seamen
immediately upon their arrival in port.
When persons belonging to prohibited races who have previously been admitted to a country take service with the crew
of a ship attached to some port of that country, in order to avoid
the difficulties with which such persons might otherwise be
faced upon their discharge (when seeking to re-enter the territory of the country in question), steps are sometimes taken to
distinguish them from other (non-admissible) individuals of the
same race. Thus, in Canada, Chinese having been properly
admitted and who take service upon a vessel attached to a
Canadian port must be registered, upon pain of a fine to be paid
by the master, agent, or shipowner, and must obtain a special
certificate entitling them to re-enter Canada (Chinese Immigration
Act of 1923, section 25).
Certain countries have also taken legislative measures regarding the assistance to be given alien ships within their territory
in their search for seamen who have deserted. This matter is,
however, most frequently regulated by international agreement.
Consular Conventions in particular frequently specify the assistance which will be given to the consular representative of the
country to which a vessel belongs, in the search for any seaman
having deserted from such vessel.
Recently, a number of countries have introduced legislative
provisions relating to the crews of airships. Thus, the various provisions contained in the Norwegian Act of 22 April 1927 relating
to the landing of alien seamen are also applicable in every detail
to the landing of airship crews.
OFFICIAL DEPARTMENTS
145
CHAPTER IV
IMMIGRATION SERVICES
The majority of the immigration countries have set up special
administrative departments to deal with all matters connected
with the admission of immigrants to their respective territories,
whether it be to check excessive immigration or to select the
more suitable elements, or whether, on the other hand, it be
generally to promote immigration by supplying information on
the conditions open for workers in their territories or by entrusting
officials appointed abroad with the recruiting of immigrants
there. In many cases the official services are seconded in their
work by private societies of diverse character, whose aims are
sometimes economic and sometimes of a philanthropic or patriotic
nature. § 1 of the present chapter discusses the official services,
and § 2 the private institutions.
§ 1.—Official Departments
The centralisation of the immigration departments is more
or less developed according to the country considered, while
their independence from the other State services will similarly
be seen to vary to a large extent.
Typical examples are offered in this connection by the more
important immigration countries : the Bureau of Immigration
of the United States of America is a type of centralised organisation and is almost completely autonomous, while the complex
organisation of the various immigration departments which
in France are attached to the Ministry of Labour (industrial
workers), the Ministry of Agriculture (agricultural workers), and
the Ministry of the Interior (registration of aliens) is a typical
example of the opposite system. When there is a dispersion of
10
146
IMMIGRATION
SERVICES
the various duties, special co-ordinating bodies, such as special
interdepartmental committees, give the work the necessary
cohesion. When no special immigration departments have been
created, the ordinary administrative services which are competent
t o supervise immigration are indicated.
I n accordance with the special character of immigration proper
t o each country, t h e immigration services are attached t o one or
other of the various State departments. I n t h e European
countries, where immigration is mainly a medium to procure
necessary labour, the Ministry of Labour or the Ministry of t h e
Interior is in most cases the: competent authority. I n countries
where immigrants are required more especially t o settle on
virgin land, the organisation of immigration is bound u p with
the question of land settlement and is regulated b y the Ministry
of Agriculture. When the supervision of aliens has mainly a
political aim, it is entrusted to the Ministry of Foreign Affairs.
I n all cases, t h e nomenclature of the services is indicative of t h e
work accomplished by them, e.g. Labour Service, Lands Department, Department for Settlement and Immigration, Colonisation
Office, Supervision of Alieni?, etc.
The administrative services connected with immigration
include various bodies working in the interior of the country and
abroad. Their primary function is t o supervise and select
immigrants. These duties are carried out, as a rule, a t t h e
frontiers of the country concerned, hence the installation of
immigration officials in ports and frontier stations. They may,
however, also be performed in the interior of the country, through
the organisation of a system of registration cards or t h e renewal
of such cards, hence t h e existence of central or local bodies
entrusted with the supervision of immigrants. I n some cases
the selection of immigrants is accomplished abroad a t the main
points of departure of the more important emigration currents,
this work being performed by accredited officials of the States
interested. Special services with large staffs are sometimes
appointed t o track out clandestine immigrants.
I n many instances a twofold system of official agencies is set
u p at home and abroad, to carry on propaganda and supply
information. Special attention is devoted t o institutions of this
kind in Chapter V ("Preliminary Assistance of the Immigrant").
Similarly, in addition to the central departments occupied with
OFFICIAL DEPARTMENTS
147
the reception, approval, and rejection of demands relating t o
the importation of labour, officials are sometimes appointed a t
home and abroad to organise, officially or unofficially, t h e
recruiting of immigrant workers, this task often being entrusted
t o the consular agents. Like all other official intervention on
foreign soil, the work of these services often raises k n o t t y
problems. The lines on which recruiting is carried out are
described in Chapter VI.
Still other official institutions deal with t h e placing of t h e
immigrant in employment and the provision of physical and
moral assistance for immigrants on their arrival and during
their stay in t h e country admitting them. Sometimes the work
of these Departments even extends t o the assimilation of t h e
immigrant.
I n addition t o the executive services, some countries set u p
advisory bodies consisting of experts in labour and immigration
questions, and, sometimes, of representatives of the parties
concerned, t h a t is to say, the employers, national workers, and,
in certain rare cases, the more important immigration groups.
These advisory committees are consulted in connection with the
drafting of immigration legislation, the preparation of international agreements relating t o the recruiting of labour, and t h e
introduction of important administrative changes in the immigration services. Sometimes the national legislation empowers
certain officials of the administrative services to offer suggestions
t o the competent authorities concerning any required changes
or deficiencies which have come to their notice.
The immigration services are often financed by an independent
fund, the "Immigration F u n d " , which derives its income from
special sources (entrance tax, t a x on employers and foreign
labour, licences of transport companies, fines, sale of land for
settlement, etc.), which in some cases include Government
subsidies. I n other instances the cost of the immigration
services is covered by the inclusion of special estimates in t h e
national budget.
I n describing the particular method adopted by the various
countries in connection with the organisation of immigration,
the subject m a t t e r is divided, where necessary, into the following
three heads : Administrative Departments, Advisory Bodies,
Immigration Fund.
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IMMIGRATION
SERVICES
BRITISH MANDATED TERRITORIES : Palestine.—Administrative
Departments. A Chief Immigration Officer is appointed by the High
Commissioner to supervise the administration of the Immigration Ordinance,
and immigration officers are appointed to perform any duty connected
with the control of immigration. (Immigration Ordinance, No. 32 of 1925,
section 2.)
An immigration officer appointed by the Palestine Government is also
attached to the British consular staff at Warsaw, the principal centre of
emigration to Palestine.
The Jewish Agency, which is recognised by the Palestine Government
under the terms of the Mandate, maintains Palestine offices in the principal
emigration centres in Europe for the purpose, inter alia, of registering and
examining prospective emigrants to Palestine, and of distributing the permits
allotted to the Agency by the Palestine Government. The selection of
the Palestine offices is subject to the final approval of the British consular
officer on the spot.
The Jewish Agency also maintains offices in Palestine itself, which assist
immigrants in complying with the formalities of disembarkation, place
them in camps or hospitals, and a.rrange, if necessary, for them to be assisted
with small loans for the purchase of tools or other similar purposes 1 .
Tanganyika.—Administrative Departments. By the Immigration Ordinance, No. 16 of 1924 (section 3), the Governor is empowered to appoint
any person to be the Principal Immigration Officer for the Territory, or an
immigration officer at the port of entry. Subject to such an appointment,
the officer in charge of the police at the port of entry, being of or above the
rank of assistant inspector or the senior administrative officer at the port
of entry shall be the immigration officer. Any police officer not below
the rank of assistant inspector, and any administrative officer, may, if so
authorised by an immigration officer and subject to his directions, act as
an immigration officer.
NEW ZEALAND MANDATED TERRITORY : Western Samoa.—
Administrative Departments. The Chinese Commissioner, who is a n official
of the Samoan administration, supervises the immigration of Chinese
labourers into Samoa. He acts as the representative of the Government in
guaranteeing continuous employment and specifying conditions of work
to the labourer. He has to watch over the interests of the labourers, and in
particular must take any reasonable steps to ensure that the labourer
is not ill-treated by the employer, must investigate any complaint made
by the labourer, and must see that justice is done.
The Collector of Customs is entrusted with certain duties in connection
with the admission of aliens to Western Samoa. (Chinese Free Labour
Ordinance, No. of 10 1923 : Annex to the text of the Law, sections 1, 5, 6.)
Immigration Fund. By the Agreement under which Chinese labourers
work (section 4), published as a schedule to the Chinese Free Labour Ordinance, No. 10 of 1923, it is provided that the sum of sixpence shall be deducted
from the wages of each labourer by the Commissioner to form a fund to
be used for the charges of free medical attention for labourers in hospital
or otherwise, the free maintenance of chronically sick labourers, the upkeep
of the Chinese cemetery, and other benevolent purposes.
ALBANIA.—The enforcement of the Legislative Decree of 20 March
1925, prohibiting the admission of alien workers, is entrusted to the Ministry
1
Report by His Britannic Majesty's Government to the Council of the League of Nations
on the administration
of Palestine for the years Î923 and 1925. Memorandum
submitted
by the Zionist Organisation to the Secretary-General
of the League of Nations for the
information of the Permanent Mandaten Commission, Oct. 1925 and June 1926.
OFFICIAL DEPARTMENTS
149
of the Interior, the Ministry of Foreign Affairs, and the commanding officers
of the armed forces and the police. (Decree quoted, section 8.)
ARGENTINA.—Administrative Departments. Act No. 817 of 19 October
1876 created a General Immigration Department. This Department was
subsequently transformed into the General Immigration Office, immediately
dependent upon the Ministry of Agriculture.
The duty of the Office is to encourage immigration and distribute immigrants in the most suitable way. For this purpose it has to keep in touch
with all the immigration agents of the Republic abroad, and with all the
committees and authorities which are concerned with the question of
immigration, in particular with the Office of Lands and Colonies, in such
a way as to co-operate in the work of colonisation. It has to promote
respectable and active immigration and devise suitable means for stopping
the current of undesirable or useless immigration. It inspects immigrant
ships and insists upon the strict carrying out of the laws relating to the
sleeping accommodation, food, hygiene, safety, and convenience of immigrants on board. It intervenes at the time of the immigrants' disembarkation, supervises the transportation contracts in accordance with the
instructions of the executive authorities, and receives from the captains
of immigrant ships the lists of immigrants and all other papers which are
considered to be necessary. It assists in finding employment for immigrants
through the medium of the employment exchanges, and it sends towards
the interior of the country those immigrants who desire to go there. I t
facilitates legal action on the part of the immigrants with reference to any
question relating to immigration, prepares the budget and accounts of the
immigration services, and administers the Immigration Fund.
I t also has to keep a register in which is inscribed in chronological order
the arrival of each immigrant, together with all details judged necessary
by the law, and to prepare the annual report of the number of immigrants
who arrive, their quality, their occupation, their origin, etc.
The Act of 1876 also set up a Central Office of Lands and Colonies, which
has been converted into the General Office of Lands and is attached to the
Ministry of Agriculture, but enjoys considerable autonomy. Its functions
are at present governed by the Regulations of 19 January 1927, which
codify the provisions in force. Its duty is to deal with all matters connected
with the administration of Treasury lands and the colonisation of national
territory. For this purpose the Office is required to draw up plans for the
colonisation of State lands, to supply the immigration committees and
agents with all necessary information concerning the situation and the
conditions governing the cessions of lands for colonisation, to arrange the
sale and lease of national lands, to give land concessions and issue permits
for the temporary occupation of public lands, and, finally, to see to the
enforcement of all private agreements connected with colonisation. The
General Office of Lands therefore works in close contact with the Immigration Office in all matters connected with thé establishment of immigrants
on the land.
For the purposes of foreign propaganda the executive authorities may,
in accordance with the Act of 1876, appoint special agents in suitable places
in Europe and in America, with a view to encouraging emigration to Argentina, and to control and direct such emigration. At the present time
there are no special agents. The authorities may also appoint immigration
committees subordinate to the Central Office in all the provincial capitals
and ports of disembarkation.
The immigration authorities own a large immigrants' hostel in Buenos
Ayres, which is situated close to the port disembarkation offices.
New arrivals are lodged in these premises free of charge during the first
few days following their arrival. This hostel is in direct communication
with the State, Employment, Land Settlement and Exchange Offices.
Immigration Fund. The Act of 1876 provided for the creation of a general
150
IMMIGRATION
SERVICES
Immigration Fund, which is placed under the control of the Immigration
Office, and draws its income from the following resources :
(a) Credits voted specially for the Fund in the Budget Act ;
(b) Money transmitted by the: General Office of Lands ;
(c) Fines which are imposed as a result of the immigration laws ;
(d) All sums of money payable by immigrants.
These moneys were to be used to cover the cost incurred by the supervision of immigration. But in virtue of the Budget Act, these moneys are
now paid into the State funds, which meet, according to annual estimates,
the various expenses connected with immigration (upkeep of immigrants'
hostels, transport of new arrivals to the place where they desire to
settle, etc.). •
The same Act provides for the foundation of special Funds in the provincial
Immigration Offices, defines the resources of such funds, and lays down
rules for their management (sections 57-60); these offices and funds have,
however, not yet been set up.
AUSTRALIA.—Administrative Departments. In 1920 an arrangement
was arrived a t between the Commonwealth and State Governments, under
which the Commonwealth is responsible for the recruiting of immigrants
abroad and for their transport to Australia, while the State Governments
advise the Commonwealth as to the numbers and classes of immigrants
which they are prepared to receive. Briefly stated, the Commonwealth
selects the immigrant according to the requirements of the State concerned,
and brings him to Australia, and on his arrival the State Government
assumes responsibility for placing him in employment or upon the land.
Incidentally, the Commonwealth undertakes all publicity and propaganda
in connection with the encouragement of immigration 1 .
Under the Immigration Act, 1901-1925, the Governor-General is empowered to establish Commonwealth medical bureaux a t such, places outside
the Commonwealth as he thinks lit (section 3, A, (1)). He is also empowered
to appoint officers for carrying out the Act (section 15). Generally speaking,
the duty of carrying out the Immigration Act is entrusted to the Migration
Office and the Department of Customs (sections 3, E , (1), and 10, (1)).
I n each of the States there is an Immigration Office attached to one of
the Government departments, and there is also a Land Department under
the direction of a responsible Cabinet Minister, who is charged generally
with the administration of the Acts relating to the alienation, occupation,
and management of Crown lands. (See Chapter X I , § 2.)
Advisory Bodies. By an Act of July 1926, a Federal Development and
Migration Commission was set up. The functions of this Commission are :
(1) To consider matters in relation to the development of the resources
of the Commonwealth;
(2) To investigate the conditions and development of existing industries
and the possibility of establishing new industries in Australia ;
(3) To conduct negotiations for the establishment of new industries in
the Commonwealth ami the development of existing industries
therein ;
(4) To report and recommend to the Commonwealth Government upon
matters included in (1) to (3);
(5) To examine and investigate any undertaking or scheme proposed to
be carried out under the Migration Agreement between the British
and Australian Governments, and to report to the Commonwealth
on the merits of any such undertaking or scheme;
1
Official Year Book of the Commonwealth
of Australia,
1926, No. 19, p . 894.
151
OFFICIAL DEPARTMENTS
(6) To submit on its own account, any undertaking or scheme in relation
to overseas settlement which appears to be to the advantage of
Australia ;
(7) To control the whole of the Commonwealth migration staff; and
(8) To carry out other functions as may be prescribed.
This Commission has control of the Migration Office, and deals with the
whole question of migration on behalf of the Commonwealth *,
AUSTRIA.—Administrative Departments. According to Act No. 277
of 21 July 1925 on the administrative organisation of the Austrian Republic,
the Chancellery of the Austrian Federation (Bundeskanzleramt), to which
the Migration Office (Wanderungsamt) is attached, is responsible for all
matters connected with immigration and ^emigration; the Migration Office
is especially entrusted, in virtue of the Act of 19 December 1925, with regulating the immigration of alien workers in accordance with the economic
requirements of the country, and with delivering, except in special cases,
permits to employ alien workers.
BELGIUM.—Administrative Departments. There is no special Immigration Department in Belgium. The general question of alien immigration
comes under the jurisdiction of the Ministries of Foreign Affairs, Justice,
and Labour. The Ministry of Labour is specially competent to deal with
matters connected with workers' immigration, and it is this Department
which concludes with foreign authorities all agreements relating to alien
labour.
Various other Departments are also concerned in Belgium with immigration questions. According to the Act of 12 February 1897, the Cabinet
may order the expulsion of any alien who disturbs public order, or who is
charged abroad with an offence justifying extradition. The communal
administrations are entitled to register declarations of residence made by
aliens (Royal Decree of 14 July 1856), these bodies also being empowered
to issue permission to reside in Belgium on the strength of such declarations.
Other bodies co-operating in the question of alien workers include the
Belgian Trade Union Committee and the Emergency Fund, the latter institution drawing up statistics relating to the recruiting and placing in
employment of alien workers in Belgium. Mention must also be made of
the important part played by the Belgian labour exchanges in questions of
workers' immigration. These bodies organise the recruiting and placing
in employment of alien labour, centralise the supervision of workers' immigration in Belgium, and draw up the relevant statistics.
Advisory Bodies. A Royal Order of 1 December 1924 set up a National
Committee on Production, of which the Industrial Section was entrusted
with the study of questions connected with alien labour and the carrying
out of the necessary enquiries with the industrial employers.
An Interdepartmental Committee was set up at the beginning of 1925
by the Ministries of Foreign Affairs, Justice, Industry, and Labour, with
a view to revising the alien regulations.
The Belgian labour exchanges are also consulted with a view to ascertaining whether the applications to import alien labour or permission to
reside in the country can be granted without inconvenience resulting for
the home labour market.
BOLIVIA.—Administrative Departments. The Labour Office, which
was set up in 1907 in the Ministry of Colonies and Agriculture, was subsequently replaced by the Immigration Office attached to the Ministry of
Colonisation. This Office has the sole charge of all matters relating to
1
G R E A T B R I T A I N , I M P E R I A L C O N F E R E N C E , 1926 : Appendices
tothe Summary
of Proceedings
152
IMMIGRATION SERVICES
immigration. I t receives and places immigrants in agriculture and industry,
and gives them every assistance until they are settled. I t registers immigrants and keeps a record of lands allotted to settlers. Persons wishing
to engage immigrants or to have them brought from Europe must apply
to the Office.
Immigration committees have been formed in the chief town of each
department to co-operate with the Immigration Office in placing and settling
immigrants.
The task of carrying on propaganda abroad in favour of emigration to
Bolivia and of disseminating relevant information is entrusted to the consular
agents; the consular agencies in Hamburg, Vienna, Antwerp, Barcelona,
Paris, Bordeaux, Le Havre, Marseilles, Lyons, London, Liverpool, Genoa,
Naples, Rome, Turin, Milan, Lisbon, Stockholm, Berne, and Geneva are
organised as migration information offices, act as direct agents for the
Bolivian Government in the engagement of immigrants, and arrange special
travelling conditions for such immigrants.
Immigration Fund. The funds earmarked for the development of immigration are administered by the Immigration Office ; these funds are provided
for by the State Budget, and are used to cover the cost of publicity, the
administrative expenses of the Labour Office and the Immigration Offices
in Europe, and the charges of the shipping companies for the transport of
immigrants. (Act of 20 January 1927, sections 14,15, 20-23, 27, and 28.)
BRAZIL.—The organisation of the immigration services is very decentralised in Brazil, as the various States belonging to the Brazilian Union
enjoy wide independence, if not in the regulation of immigration, at least
in all t h a t concerns the settlement of immigrants. The federal immigration
departments are described below.
Administrative Departments. The enforcement of the federal laws on
immigration and settlement was formerly entrusted to the Land Settlement
Office, which was transformed, by the Decree of 31 December 1924, into
the General Directorate of Settlement, and attached to the Ministry
of Agriculture, Industry and Commerce.
The Directorate has established an Immigration Commissariat in the
port of Rio de Janeiro, and immigration inspectorates in the other ports
and frontier stations through which immigration is sanctioned. These
services supervise and control immigrants in co-operation with the National
Public Health Department in so far as sanitary conditions are concerned.
The disembarkation and inspection services of Ilha das Flores (port of Rio
de Janeiro) include an Identity Section composed of federal police officers.
The General Directorate is the competent authority for the issue to private
undertakings of permits to introduce immigrants into Brazil.
The General Directorate possesses its own immigrants' hostels and
information offices provided with interpreters. It is responsible for the
reception and transportation of immigrants to their place of work, and
sets up settlement centres (Núcleos Coloniaes) in the different districts.
The federal immigration services work in co-operation with the various
services of the States of the Union and the local authorities in charge of
immigration 1 . (Decrees of 31 December 1924 and 25 May 1925; and
Instructions of 30 J u n e 1925.)
Advisory Bodies. I n each of the principal towns a municipal committee
(junta municipal) of the General Directorate of Land Settlement is set up,
consisting of three members chosen by the director of the land settlement,
service from among competent persons and agricultural employers (Lavradores). The municipal committees advise the General Directorate of Land
Settlement on matters connected with agricultural labour, inspect settle1
Coiomrmication of the Brazilian Government to the Internationa] Labour Onice, 1921.
OFFICIAL DEPARTMENTS
153
ment centres and report on their condition, transmit offers of employment
to the Federal Immigration Commissariat in Rio de Janeiro, intervene in
all disputes between employers and workers regarding the enforcement of
agreements, etc. Their functions are honorary.
As regards the provincial departments, the most important are those
belonging to the following five States of the Union and described below.
State of Sao Paolo.—-Administrative Departments. Two Acts published
in the Official Gazette of 19 January 1927 provide for the reorganisation
of the State immigration departments, which are responsible to the Ministry
of Agriculture, Commerce, and Public Works. One of the departments
of this Ministry, the Directorate of Lands, Mines and Settlement, is entrusted
with the organisation of national settlements, their allotment and concession,
the issue of titles to property, the compilation of statistics concerning
settlement centres, and the keeping of books showing what land is available
for settlement and what already conceded. The same department also
supplies all information concerning the land settlement services, and has
drawn up plans for the foundation of settlement centres. It supervises
private settlement, to which the State grants certain advantages, as well
as the settlement carried out by intermediaries in the name of the State.
The same Acts provided for the foundation of two commercial offices in
Brussels and Washington, to act as information centres. The working of
these offices is described in Chapter V.
An institution set up under the name of the "Patronato Agricola", an
association for the protection of agricultural workers' interests, supervises
the enforcement of contracts of employment concluded, and controls the
activity of the agencies and sub-agencies of the shipping companies transporting emigrants and the official Exchange Agency put at their disposal,
Further, a Central Employment Office (Agenda oficial de Colocaçao),
dependent on the Labour Department, is required to facilitate the placing in
employment of workers in general and immigrants in particular in the
various activities of the country, as settlers, agricultural and industrial
workers, etc.
State of Minas Geraes.—Administrative Departments. According to
the rules of the Immigration and Land Settlement Services, which were
promulgated by Decree No. 69 of 24 September 1925, the supervision of
immigration organisation is carried out by the Inspector of State Land
Settlement and other officials appointed for this purposes by the Ministry
of Agriculture (section 2). The Land Settlement Inspector acts as executive
officer for the Directorate of Agriculture in all matters connected with the
regulation of immigration, such as the organisation of settlement centres
(núcleos), the supervision of contracts of employment, living conditions of
settlers, etc.
He is required to make a detailed annual report on the
working of his department (section 145).
The Land Settlement Inspector is assisted in the work of forming settlement centres by a committee organised by him in each centre ; the members
of these committees are appointed by the Ministry of Agriculture and
include an agricultural engineer and the technical experts required for the
organisation of the settlement centres (sections 142, 143, and 65 and 76).
Once these centres are formed, they are managed by administrators
chosen from among competent agriculturists and appointed by the Ministry
of Agriculture.
State of Bahia.—Administrative Departments. Act No. 1729 of 23 August
1924 provides for the creation of services to control immigration and land
settlement, the organisation of which was described in Administrative
Regulations issued on 4 January 1926. All departments dealing with
immigration and State land settlement are responsible to the Ministry of
Agriculture, Industry, Commerce, Communications and Public Works,
through the intermediary of the General Directorate of Lands, Mines,
154
IMMIGRATION SERVICES
Settlement and Immigration, which deals with all matters concerning the
maintenance of immigrants and their reception, their employment in the
country, and their establishment on national lands as settlers (section 1).
The General Directorate of Lands carries out the functions enumerated
in Part III of the said Regulations. It has under its direct orders the
Inspectorate of Immigration and Settlement (Part V of the Regulations)
and the immigrant hostels (Part VI). The inspectors of the Agricultural
and Meteorological Service, the committees for research work and the
foundation of settlement centres, and the administrations of these centres
co-operate with the General Directorate of Lands.
Immigration Fund, The immigration and land settlement services
derive their income from the State Budget and various other resources
(payments made by settlers taking; up allotments, special income, repayment
on advances made to settlers, interest on loans granted to the communes,
caution money and fines imposed in connection with contracts of employment, contributions of the Union, etc.), which are mentioned in detail in
section 4 of the said Administrative Regulations.
State of Pernambuco.—The Act of 9 April 1924 provided for the
foundation of an Office of Labour and Immigration, which, so far as immigration is concerned, is required to act in direct co-operation with the
authorities of the Federal Directorate of Land Settlement. Its main
functions are to send workers to their destinations on the land after agreement with the employers concerned, to acquire and to sell small allotments
to settlers according to a system of deferred payments, and to set up settlement centres. Provision is also made for the creation of an immigrants'
hostel.
Immigration Fund.—In order to provide the State with the necessary
funds to cover expenditure in connection with immigration, the Act of
9 April 1924 provides for the introduction of a supplementary tax, which
will increase State taxes by 0.5 per cent.
' Rio de Janeiro.—Decree No. 2190 of 24 August 1926 established at
Nichtero a Land Settlement Service attached to the Ministry of Agriculture,
to deal with the introduction of immigrants in rural districts and all matters
connected with the cession of land to agricultural settlers.
The enforcement of the regulations relating to land settlement is under
the supervision of the Director of the Agricultural Services and his agents.
Immigration services have been recently created, or are being created,
in the other Brazilian States : Rio Grande do Sul, Parana, Para, Santa
Catharina, Amazon, etc.
BULGARIA.—According to the Act of 5 May 1925 relating to employment exchanges and unemployment insurance, the administrative authorities
of the Factory Inspection Services exercise a twofold control on the employment of alien workers, for which regulations are laid down by the same Act.
CANADA.—Administrative Departments. By the British North America
Act the Dominion Government is empowered to legislate in the field of
immigration, and the Federal Government is therefore responsible for the
control of immigration to any pa,rt of Canada. The administration of the
law is entrusted to the Department of Immigration and Colonisation, at
the head of which is a Minister. This Department is divided into branches
dealing with land settlement (see Chapter XL, § 2), immigration of women
(see Chapter X I , § 1), juvenile immigration, Oriental immigration, exhibitions, statistics, publicity, and inspectional service. There are commissioners for immigration at Ottawa (for Eastern Canada), Winnipeg (for
the prairie provinces), and Vancouver (for the Pacific territory).
The Minister is empowered by the Immigration Act of 1910-1924 to
establish and maintain immigration offices within and outside Canada as
OFFICIAL DEPARTMENTS
155
he sees fit (section 6). He may nominate at a port of entry any number
of officers to act as Boards of Enquiry, any three officers so nominated
constituting a Board of Enquiry. Such a board has the authority to
determine whether an immigrant, passenger or other person shall be allowed
to enter or remain in Canada, or whether he shall be rejected and deported
(sections 13-14).
If, a t a port of entry, there is no immigration officer available for duty,
the chief customs officer, or such sub-officers as he shall designate, shall be
ex officio an immigration officer (section 8).
The provinces also have departments dealing with immigration and
land settlement.
CHILE.—A Decree of 14 October 1907 reorganised the General Inspectorate for Lands and Land Settlement set up in virtue of Decree No. 1211
of 24 June 1905 on free immigration, the title being changed to the General
Inspectorate of Land Settlement and Immigration. Since that date the
Inspectorate has been entrusted with the enforcement oí the immigration
laws and regulations and with propaganda for the development of immigration. An Agency-General for Immigration has been established in
Europe.
Legislative Decree No. 601, of 16 October 1925, separated from the former
Office of Lands, Forestry and Fisheries, the services connected with land
settlement and transferred them into a General Directorate of Land
Settlement and Immigration, directly subordinate to the Minister of Agriculture, Industry and Land Settlement. The new department is entrusted
with all matters connected with the surveying of public lands, their sale,
and lease or free concession to national and alien settlers, in accordance with
the laws and regulations relating to land settlement.
COLOMBIA.—Administrative Departments. In virtue of Act No. 114
of 30 December 1922, the Information and Propaganda Office of the Ministry
of Agriculture and Commerce deals, according to the laws and regulations
on the matter, with all questions concerning immigration in and outside
the country. This Office maintains direct contact with the immigration
agencies abroad on the one hand and with the immigration committees in the
country itself on the other. It is required to keep immigration statistics
and to indicate the districts suitable for the establishment of rural immigration centres.
Immigration offices are established in all the Colombian ports and frontier
stations through which immigration is authorised. These offices include
the competent political officer, the customs supervisor, the medical officer,
the captain of the port, and a secretary registrar appointed by the Ministry
of Agriculture and Commerce.
The executive authorities may set up immigration committees in the
more important provincial towns to supervise the settlement of immigrants
and their transportation from the coast to their destination. These committees are required to examine the identity papers of immigrants, to supply
immigrants with information regarding their settlement, to receive and
lodge immigrants during the first few days following their arrival, to place
them in the industries of the country, and to organise societies for the
protection of immigrants.
Abroad, the consuls, vice-consuls, consular agents, and chiefs and deputy
chiefs of the Information Office of Colombia act as immigration agents.
These officials are-consequently required to disseminate information regarding
the possibilities of settlement in Colombia, the commercial and industrial
situation of the country, and the conditions and rights afforded to immigrants
under the Constitution. Their services must be rendered to immigrants free
of charge. Chiefs of legation and consular inspectors supervise the activities
of these Various officials (sections 5 to 8).
Shortly after the promulgation of Act No. 114, and in virtue thereof,
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IMMIGRATION SERVICES
immigration offices were opened in New York, London, Barcelona, and
Hamburg '.
Immigration Fund. The annual State budget includes an estimate of
100,000 pesos to cover the various expenditure incurred in connection with
immigration and land settlement, which includes cost of surveying settlement
zones, cost of lodging, transporting and protecting immigrants, interest
on loans raised to organise rural settlement, etc. (section 18).
CUBA.—Administrative Departments. The Department of Agriculture,
Commerce and Labour comprises a section for immigration, land settlement and labour.
Regulations issued on 20 August 1910, for the enforcement of the Immigration Act of 1906, entrusted this section with the following functions :
(a) Administration of land settlement;
(b) Preparation of agreements with land settlement undertakings and
with individuals having an interest in the immigration of settlers ;
(c) Intervention in all matters affecting immigration offices and officials
established abroad ;
(d) Proposal of measures for the encouragement of immigration, the
administration of State settlements, and the protection of settlers
and their families;
(e) Enforcement of the Regulations issued by the Secretary of State for
Agriculture, Commerce and Labour concerning the activity of the
section ;
(f) Collection and custody of all documents, contracts, plans, valuations, etc., relating to the settlement lands and the agreements
concluded abroad or at home with the immigrants and the
immigration undertakings.
A special delegate in Europe for immigration and land'settlement was
appointed under the above Regulations. This post was enlarged, by the
Act of 17 February 1925, to include the duties of the special immigration
delegates for Europe and America, and the holder, who is not obliged to
live in Europe, bears the title of "Superior Delegate for Immigration and
Settlement". He is assisted by an agent called the Assistant Delegate
for Immigration in Europe who performs all work to be done in Europe,
and is required more especially :
(a) to encourage immigration into Cuba in accordance with the instructions of the Superior Delegate;
(b) to establish information offices;
(c) to study immigration questions and family immigration in particular,
and to make reports to the Superior Delegate and the Ministry of
Agriculture. The work of this official is carried out in co-operation
with the diplomatic and consular officials of the Cuban Republic.
In addition to the above-mentioned departments, a special service was
set up in the Ministry of the Interior by Decree No. 573 of 27 April 1926, to
supervise the immigration of Chinese labour belonging to classes admitted
exceptionally for a definite period or whose admission is sanctioned by the
immigration services. This body is required to note the number of Chinese
belonging to such classes who are temporarily admitted or leave Cuba, and
to draw up residential certificates which are remitted to the persons concerned by the immigration services.
Immigration Fund. The expenses of the immigration services and the cost
of developing immigration are covered by a special item in the State Budget.
DANZIG (FREE CITY OF) .—Administrative
Departments.
The
regulation of immigration of alien workers falls within the competence of
1
Cf. Bulletin of the Pan-American Union, May 1923, No. 503.
OFFICIAL DEPARTMENTS
157
the Senate, which, in virtue of an Order issued on 10 January 1927, is
empowered to issue permits for the employment of alien workers.
The communal officials are responsible for the enforcement of the permits,
especially as regards the departure of alien workers on the expiry of their
permits.
Advisory Bodies. The Order of 10 January 1927 relating to the employment of alien workers states that a committee shall be formed in each district
(Landkreise) to advise the Senate regarding applications to employ alien
labour submitted by the agricultural employers. Each committee will be
composed of the district council (Landrat) reinforced by three agricultural
employers and three agricultural workers acting as assessors. The committees may not sit unless at least one employer and one worker are present.
DENMARK.—Administrative Departments. . The enforcement of the
provisions of the Act of 1912 concerning the protection of immigrants is
supervised in accordance with the instructions of the Minister of the Interior
as far as possible by the police or, if necessary, in certain districts, by
the factory inspectors. Inspectors and the police and medical authorities
can enter any establishment where aliens are employed or are in residence.
The issue of permits to employ alien workers, required by the Act of
31 March 1926, and all decisions regarding the maintenance in the country
or the expulsion of aliens, are left to the Ministry of Justice.
Immigration
Fund. The expenses for journeys, transport, interpreters, etc., incurred in consequence of the inspection of immigrant workers,
are covered by the annual Finance Act.
ECUADOR.—Administrative Departments. The Ministry of Immigration and Land Settlement is the competent authority for all questions
connected with organisation of territories to receive immigration, the
concession of territories in agricultural districts, and the conclusion of
agreements for settlers.
By the Decree of 8 January 1927, a section for immigration and the
colonisation of the free lands of the East and of the Archipelago of Colon was
set u p in the Ministry of Social Welfare and Labour. This section is
responsible for the study of all questions connected with immigration, and
for the transaction of all matters coming under its jurisdiction, in accordance
with the instructions issued by the Ministry of Social Welfare and Labour.
I t consists of a chief of section and eleven subordinate officials of different
grades who carry out the various duties of the section.
Immigration Fund. The cost of the immigration services and the development of land settlement are covered by the budget of the Ministry of Social
Welfare and Labour. (Decree of 30 December 1926, section 6.)
FINLAND.—According to a Decree published on 23 November 1926
(section 21), the regulation of immigration by the issue and the refusal of
labour permits to emigrants falls within the competence of the Ministry of
Social Affairs.
FRANCE.—Administrative Departments.
The immigration services
consist of several distinct departments attached to various Ministries.
In 1927 this complex organisation included : a Foreign Labour Department attached to the Ministry of Labour and dealing more particularly
with the admission into France of alien industrial workers ; an Agricultural
Labour and Immigration Department attached to the Ministry of Agriculture
and concerned exclusively with the immigration of agricultural workers;
a General Department for the supervision of aliens, dependent on the
Ministry of the Interior (General Security and Police Section) ; a Naturalisation Department, subordinate to the Ministry of Justice. The first two
158
IMMIGRATION SERVICES
departments being of particular interest to our study, they are described
below in detail.
(a) Foreign Labour Department. In 1916 a department was created
at the Ministry of Munitions, charged with supervising the recruiting of
alien labour and the conditions of work affecting such workers. In view
of the connection existing between, the work of the new office and the general
organisation of labour, the department was transferred in October 1917
to the Ministry of Labour, to which it is now attached. This department
is managed by a central service situated in Paris, which is entrusted with
the co-ordination of the different services at home and abroad, the technical
correspondence with foreign Powers and negotiations with foreign diplomatic
and consular authorities in France, and the reception, approval, and transmission of collective applications for labour. An employment office for
alien workers has also been attached to it.
The Foreign Labour Department also includes depots and frontier
inspection stations for the reception, supervision, and despatch of alien
workers to their destination. The depots, of which there are four (Toul,
Marseilles, Perpignon, and Hendaye), have the necessary facilities to house
the workers during the time required for the accomplishment of the administrative formalities, and, subsequently, to find situations for those arriving
without a contract of employment. The frontier inspection stations
work in a somewhat similar manner as regards the selection and placing
of new arrivals, but their scope is more restricted. Such stations have
been organised at Feignies and Jeumont in the north, and at Modane,
Vintimiglia and Mentone in the south. At the depots and frontier stations
the officials of the Ministry of Labour have the assistance of a representative
of the Ministry of Agriculture, who verifies the situation of agricultural
workers, a representative of the General Security Department of the
Ministry of the Interior, and a doctor of the Public Health Services in
connection with medical supervision.
The Foreign Labour Department also has a number of inland control
stations, which as a rule are attached to the district employment offices.
Such services exist at present in Lyons, Toulouse, Nantes, Lille, Bordeaux,
and Metz. These services verify the position of alien workers in France
and their officials carry out tours of inspection to examine the conditions
of labour of alien workers employed in the various undertakings, to note
complaints, and also to collect information on the local effect of the presence
of alien workers employed in the districts. An agency attached to each
frontier station takes the necessary steps to find employment for unemployed
alien labourers.
The Department also has a number of branches established abroad.
It maintains in various foreign countries, with which France has labour
agreements, missions which are sometimes entrusted with forwarding
demands for employment to the competent authorities and sometimes with
verifying the action taken on such applications, and the organising of vocational and medical selection of the recruited immigrants.
(b) Agricultural Labour and Immigration Department. Constituted
by the Acts of 6 and 18 October 1919 and subsequently reorganised by
the Decrees of 4 February 1922 and 12 November 1922, this Department
is now known by the name of the Agricultural Labour and Immigration
Department, in accordance with the Decree of 2 March 1927. I t is empowered to deal with all questions connected with the immigration of agricultural workers. Its main offices are situated in Paris at the Agricultural
Directorate, and it has officials attached to the depots and frontier inspection
stations.
The Alien Labour Services of the Ministries of Labour and Agriculture
co-operate with the Central Employment Office of the Ministry of Labour
and with the regional, departmental and local employment offices, on all
matters connected with the placing in employment of alien workers (see
Chapter VI, § 4 : Placing Workers in Employment).
OFFICIAL DEPARTMENTS
159
Further, a Ministerial Order of 12 December 1923 provides for the foundation of a service for the supervision and assistance in France of native
workers from French colonies, this service assuming the protection of
French subjects or dependants coming from the French oversea possessions.
I t collects data and centralises all available information on the moral and
physical situation of the natives, and acts as an intermediary between the
Colonial Administrations and the home department concerned in all matters
relating to persons coming under its jurisdiction. The cost of its upkeep
is covered by the budgets of the Colonies of Indo-China, French West
Africa and Madagascar, all of which have seconded officials of their own
administrations to this service.
Advisory Bodies. By a Decree of 18 January 1920, a Permanent InterDepartmental Immigration Committee was set up. This mission was
charged :
(a) with the preparation of treaties and conventions relating to immigration and the supervision of their general enforcement ;
(b) with the establishment, after consultation with the National Employment Council, of co-ordination in the work of the various Ministries
dealing with foreign workers.
This Committee is established at the Ministry of Foreign Affairs. I t
consists of directors from the various Ministries interested in the question
of immigration, and of a professor of the Faculty of Law. One of the
members of the Committee is nominated by the Minister for Foreign Affairs
to act as Permanent General Secretary. I t is his duty to maintain relations
with accredited diplomatic and consular agencies in France in all matters
connected with alien labour.
Frequent conferences among the Ministries concerned, and particularly
the above-mentioned Committee, determine periodically the requirements
with regard to alien labour and the measures which may be adopted with
a view to facilitating and regulating its introduction.
In 1920, the National Employment Council was founded by a Decree
issued on 3 February. Reorganised subsequently by the Decree of 7 April
1925, this Council is at present directly responsible to the Prime Minister.
Presided over by the Prime Minister, or in his absence by the Minister
of Labour, the National Employment Council includes an equal number of
representatives of Parliament, representatives of the Ministries interested,
and representatives of the industrial and agricultural employers and
workers. Attached to it in an advisory capacity are the representatives of
the Administrative Immigration Departments (the foreign labour services
of the Ministry of Labour and the Ministry of Agriculture), the public
employment offices and the Permanent Inter-Departmental Immigration
Committee. The Council is required to give its opinion on all matters
concerning the stability of the national labour market and on all matters
calculated to regulate and control the recruiting, introduction and conditions
of engagement of colonial and alien labour.
Colonies.—Administrative Departments. The Decree of 27 March 1852,
which covers Madagascar, Guadeloupe, French Guiana, and Reunion, and
which is still the fundamental enactment relating to the organisation of
immigration into the colonies, stipulates that the Governor of each colony
shall nominate a special commissioner to supervise the introduction of
immigrants and the conclusion of their contracts of employment with the
settlers.
Subsequent legislation, which defines the provisions of this Decree and
extends them with certain modifications to other colonies, set up an organisation as described below for the French Colonies as a whole.
The supervision and the protection of immigrants (i.e. alien persons
belonging to the coloured races) are entrusted to a special service dependent
either on the Governor or on the Director of the Interior. The chief of this
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IMMIGRATION SERVICES
service is called the Immigration Commissioner (Madagascar, Establishments
in Oceania), or sometimes the Director of Immigrants (Guiana, Guadeloupe,
Reunion) ; this official is assisted in the various districts of the colony by
inspectors and assistant immigration commissioners or assistant inspectors,
and by the municipal officials. The officials of all grades of the immigration
services rank as police officers and are empowered to prosecute persons
guilty of infringement and contravention of the immigration laws. The
immigration officials supervise the disembarkation of immigrants, conditions
of work affecting them, and the enforcement of contracts of employment.
They help immigrants in all difficulties which the latter may encounter and
take the necessary steps to ensure their repatriation by the employer. As
a rule the immigration commissioners submit regular reports to the GovernorGeneral on the result of their inspections and on the working of their services.
These reports are transmitted annually to the French Colonial Office.
Special agents, chosen among the officials of the colony, may also be sent
to countries where recruiting takes place to supervise all such operations.
(Decree of 27 March 1852, section 8; Decree of 6 May 1903 for Madagascar,
section 11 ; and Decree of 24 February 1920 for the Establishments in
Oceania.)
In Indo-China (Cochin-China and Cambodia), the Immigration Service
set up by the Order of 16 October 1906 was reorganised by order of the
Governor-General on 20 J u n e 1921. The chiefs of the Immigration Service
are placed under the direct authority of the chief local administrative
officers in Cochin-China and Cambodia ; they are aided by assistants consisting partly of Europeans, partly of French native subjects and partly of
foreign Asiatics chosen preferably from among the classes most represented
among the immigrants.
The supervision of immigrants is ensured conjointly by the immigration
service, the recognised Asiatic groups (congregations)1, and the Public
Security Service (section for the control of Asiatics and immigrants), t o
which certain functions previously carried out by the immigration services
were transferred by the Decree of 20 June 1921, e.g. identity investigations.
It should be pointed out t h a t in order to develop French immigration to
their territories, certain protectorates (Morocco, Tunis) maintain information
offices in Paris.
I n French North Africa, especially in Algeria and Tunis, the employment
offices also regulate French and alien immigration.
Advisory Bodies. I n virtue of an Order issued on 24 July 1924 a committee was appointed in the French Establishments in Oceania to deal with
all questions connected with the importation into the Colony of IndoChinese labour. In organising the first convoy, this Committee was required
to get into touch with settlers, traders, industrial employers, and other
persons wishing to obtain such la.bour.
Immigration Fund. The expenditure and the income of the immigration
services is generally shown separately in the budget of each colony. The
most important part of the income generally consists of the annual capitation
fee paid by the employers for all persons in their service, the proceeds of
this t a x being earmarked to cover the cost of the immigration services
and the cost of medical inspections.
GERMANY.—Administrative Departments. A number of departments
are concerned in Germany with the questions relating to immigration. In
the first place, the general regulation of the matter—recruiting, settling,
and employment of alien workers—comes under the competence of the
1
See Chapter III, § 1, (d), ("Conditions of Race and Nationality"), and Chapter XI, § 5
("Registration"), lor a description of the organisation of immigrant groups in several
French colonies.
OFFICIAL DEPARTMENTS
161
Federal Ministry of Labour, but this Ministry is required to consult the
Executive Committee of the Federal Institute for Employment Exchanges
and Unemployment Insurance (Reichsanstalt für Arbeitsvermittlung und
Arbeitslosenversicherun) ; furthermore, the consent of the Federal Council
must be obtained (section 67, (2), of the Act of 16 July 1927).
The Federal Institute for Employment Exchanges and Unemployment
Insurance was set up by the Act of 16 July 1927 to replace the former
Federal Labour Administration (Reichsarbeitsverwaltung), of which one of
the organs was the Federal Employment Office. As a federal department
for the management and co-ordination of employment and unemployment
insurance, the functions of the Institute are very varied. As regards alien
workers, it is the competent authority for their recruiting, placing, and
employment, and the Federal Ministry of Labour must consult its Executive
Committee each time that such matters form the subject of regulations.
The Institute also includes a Joint Agricultural Committee, which is consulted
by the Minister when the annual quota of agricultural workers for admission
to the country is being fixed.
The local Labour Offices (Arbeitsämter) deal with immigration in so much
as they are entrusted with examining (sections 11 and 12 of the Ordinance
of 2 January 1923) applications for authorisation to employ alien workers.
This remark also applies to the Labour Offices of the different States
(Landes-Arbeitsämter),
with whom rests the final word concerning the
grant or refusal of the permits in question. (For formalities in connection
with the issue of permits and the special departments concerned, see
Chapter VI, § 1.)
The German Central Office for Workers (Deutsche Arbeiterzentrale) is a
semi-official body charged with recruiting abroad agricultural labour whose
employment has been authorised by the Labour Offices of the States, and
with the registration (Legitimierung) of alien workers in general. The
main duties of this institution, which was set up in 1905 under the name of
the German Central Office of Agricultural Workers (Deutsche Feldarbeiterzentralstelle) by the Prussian chambers of agriculture, were to centralise
the recruiting of alien labour, and, secondly, to prevent the then frequently
occurring breaches of contract by means of a system of individual registration
of workers, which brought all persons changing employment to the notice
of the authorities. I n 1911 it took its present name, which was better
suited to its work, extending as it did to industrial as well as agricultural
recruiting. At present it rarely co-operates in the recruiting of industrial
workers, and the Federal Order of 19 October 1922, section 1, which was
extended for a further period on 20 September 1927, gave it the monopoly
to recruit agricultural workers.
As regards the registration (Legitimierung) of alien workers, the Prussian
Government had already entrusted it on 21 December 1907, with all such
work in connection with workers coming from Russia, Austria-Hungary,
and Eastern countries. Subsequently a number of other German States
adopted this system of registration through the Central Office. At the
present time, in virtue of the Federal Order of 2 January 1923 on the engagement and employment of alien workers, no alien worker, agricultural or
otherwise, may be recruited for work in Germany without having first
obtained the registration card of the Central Office. Passports and safe
conducts (Reiseausweis) are only valid for the first engagement, and on
condition that the worker registers within one month after arrival. Nevertheless, registration is not compulsory in all the States (see Chapter X I ,
§4).
The rules of the German Central Office for Workers were amended m
1922 (officially approved on 6 J u n e 1922), the date on which the Office
became a joint body.
G R E A T BRITAIN.—Administrative Departments. The application of
the laws relating to the landing of aliens in Great Britain is entrusted to
11
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IMMIGRATION SERVICES
the Home Secretary, who has a staff of immigration officers at the different
ports.
Colonies.—Administrative Departments. The appointment of officers to
administer the immigration law is generally in the hands of the administrative
authority of the colony. In the colonies where immigration is largely made
up of foreign labourers, the officers thus appointed have considerable powers
for the protection of immigrants against the abuses of agents, transport
companies and employers. The duties of these officers include the examination of immigrants on arrival, their registration, the inspection of places
where they are employed, the regulation of conditions of work, the hearing
of complaints, and the administration of the Acts relating to immigrant
labour. Moreover, in the Federated Malay States and the Straits Settlements,
the Superintendent of Netherlands Indian Immigrants supervises the
execution of contracts of service. The Protector of Immigrants has similar
powers in Jamaica.
;
In British Guiana the Immigration Agent-General has charge of any
orphan child of an immigrant, and the Protector of Immigrants in Mauritius
has the same responsibility.
Advisory Bodies. An Immigration Committee is appointed in Brunei,
Ceylon, Kenya, Southern Rhodesia, the Straits Settlements, the Federated
Malay States, and the Unfederated Malay States of Kedah, Kelantan, and
Perlis. The Controller of Labour is the Chairman of this Committee in
Brunei, Ceylon, the Federated Malay States and the Straits Settlements. I n
every case members are appointed by the chief executive authority of the
colony. In Ceylon the Committee is only a consultative board, with no
administrative or executive functions, but in the other colonies it is charged
with the administration of the Immigration Fund, and in certain cases it
may also prescribe standard rates of wages payable to labourers. A similar
board exists in Bermuda, where the Governor has power to negotiate with
British or foreign Governments for the introduction of immigrant labourers.
The Immigrant Labour Board directs and controls this introduction of
immigrant labourers into Bermuda, including such medical or other examination prior to the introduction a,s it considers desirable. The Board is also
empowered to order the deportation of undesirable immigrants at the
expense of the Colony.
I n Southern Rhodesia there is an advisory body known as the Southern
Rhodesia Settlers' Board, which is attached to the Department of the
Administrator. Its functions a.re to furnish reliable information and
advice to prospective settlers on the land. I n Kenya there is a n Advisory
Committee with similar functions.
(Brunei : Indian Immigration Enactment, No. 1 of 1924, sections 3, (1),
17, (i), 23,33,45,49,60,68,75,76., 79. Ceylon : Indian Immigrant Labourers
Amendment Ordinance, No. 1 of 1923, sections 3 and 9. Federated Malay
States: Labour Code,No. 18 of 1923, sections 6, (1), 45, 122, 135, 136,
141, (i); Netherlands Indian Labourers Protection Enactment, 1909,
sections 3, 10, 11, 17, 25, 27, 31, 33, 56-62. Gold Coast : Immigration
Restriction Ordinance, No. 9 of 1925, section 3 ; by the Ashanti Ordinance,
No. 7 of 1925, the same provisions are made for Ashanti.
British Guiana :
Immigration Ordinance, No. 18 oi: 1891, sections 7, (1), 8, 9, (1), 10-12 and 25 ;
Non-Asiatic Immigration Ordina.nce, No. 10 of 1890, section 3. Jamaica :
Immigration Law, No. 23 of 1879, sections 6, 9, 26, 28, 36, 50, 76-80, 84,
86, 97. Mauritius : Labour Ordinance, No. 12 of 1922, sections 4, (1), and
16-20. Nigeria : Immigration Restriction Ordinance, 1918, section 3.
Straits Settlements : Labour Code, No. 14 of 1923, sections 4, (1), 113,119-121,
125, 126, 141, (i). Trinidad and Tobago : Immigration Ordinance, No. 26
of 1916, section 21. (1). Unfederated Malay States : Kedah : Tamil Immigration Fund Enactment, No. 14 of 1328 (Mohammedan era), sections 6,
9, 12-13; Kelantan : Indian Immigration Fund Enactment, No. 5 of 1920.
sections 2, 7-9, 12-13; Perlis : Tamil Immigration Fund Enactment, No. 3
OFFICIAL
DEPARTMENTS
163
of 1329 (Mohammedan era), sections 4, 9, 12-13, 15; Johore : Labour Code,
No. 10 of 1924, sections 6, (1), 45. Zanzibar : Immigration Regulation and
Restriction Decree, No. 8 of 1923, section 3.)
Immigration Fund. In several British colonies a fund is established for
the promotion of immigration and employers of immigrant labour have to
pay a contribution to the fund at a fixed rate respecting every such labourer
they employ.
Generally speaking, the purposes for which an immigration fund may be
disbursed are the following :
(a) for the payment of free passages for immigrant labourers and their
families from the place where they are recruited to the colony in
question ;
(b) for the general expenses incurred in connection with the recruiting
of labour, quarantine, and the transport to their destinations of
those persons for whom free passages have been provided ;
(c) for the repatriation and assistance of labourers in need of relief;
(d) for the administrative expenses of the fund ;
(e) for the payment of interest of moneys borrowed by the authority
administering the fund.
I n Brunei, the Federated Malay States, the Straits Settlements and the
Unfederated Malay States of Johore and Kelantan, the provisions of the
enactments dealing with this matter apply only to Indian immigrants.
I n Kedah and Perlis the fund is a Tamil Immigration Fund and concerns
only the employers of Tamil labourers. In Ceylon the fund is used for the
immigration of Indian labourers and is formed mainly from the fees received
by employers in respect of the recruitment and employment of such labourers,
together with any sum voted by the Legislative Council in aid of immigration from India. By the Immigration Ordinance of Trinidad and
Tobago, the immigration fund is credited with all sums received on account
of indenture fees. I n Fiji the Governor-General is authorised to appropriate from the general revenue of the Colony a sum equal to the amount
of duty collected on exports of sugar and copra, and to apply this sum to
an immigration fund. In British Guiana the immigration fund is credited
with (a) all moneys received on account of indenture fees payable by each
employer for every adult immigrant allotted to him; (b) the proceeds of
the acreage t a x ; and (c) any money voted in aid of immigration by the
Combined Court. The fund is administered by the Receiver-General
subject to the control of the Governor. In Jamaica the Immigration
Finance Law, No. 18 of 1879, provided for the establishment of an immigration fund composed of the export duties on sugar and rum and all moneys
due under the Immigration Law. The Law of 1891 (No. 14) provided
that there should be paid from this fund all expenses connected with immigration, including the entire cost of recruiting in any places from which
emigration was permitted, with the exception of the salaries of officials and
the passage money of immigrants. The immigration fund is available for
the maintenance in an asylum of an indentured immigrant and for his
funeral expenses in case of death (see Lunatic Immigrants Law, No. 31
of 1910, section 3).
{Brunei: Indian Immigration Enactment, No. "1 of 1924. Ceylon:
Indian Immigrant Labourers (Amendment) Ordinance, No. 1 of 1923.
Fiji : Export Duties Ordinance, No. 28 of 1920. British Guiana : Immigration Ordinance, 1891, No. 18 of 1891. Jamaica : Immigration Finance
Law, No. 18 of 1879 ; Immigration Finance Law, 1879, Amendment Law, 1891,
No. 14 of 1891; Lunatic Immigrants Law, No. 31 of 1910. Federated
Malay States : Labour Code, No. 18 of 1923, as amended by Enactment
No. 19 of 1925. Straits Settlements : Labour Code, No. 14 of 1923. Unfederated Malay States : Johore : Labour Code, No. 10 of 1924; Kedah : Tamil
Immigration Fund Enactment, No. 14 of 1328 (Mohammedan era) ; Kelantan ;
Indian Immigration Fund Enactment, No. 5 of 1920; Perlis : Tamil
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IMMIGRATION SERVICES
Immigration Fund Enactment, No. 3 of 1329 (Mohammedan era).
and Tobago 1 : Immigration Ordinance, No. 26 of 1926.)
Trinidad
GREECE.—Administrative Departments. I n virtue of section 17 of
the Order of 23 June 1927, the supervision of all persons entering or leaving
Greek territory, whether of Greek or other nationality, is carried out exclusively by the Ministry of Foreign Affairs, which is also required to collect
all useful information connected with such matters. The Ministry maintains
close contact with the Ministry of the Interior for the settlement of all
questions concerning aliens established in Greece.
The Act of 24 J u n e 1925, section 10, set up a Central Service to control
the movement of aliens, which Service is attached to the Central Criminological Identification Office, and is under the orders of the chief of the city
police and directly responsible to the Superior Directorate of the Ministry
of the Interior (City Police Section). This service keeps a record of identity
cards issued, of expulsions and deportations effected, and of infringements
committed by aliens and also of the death of aliens. Its staff includes
police officials and administrative officials. The Public Security Section
of each police prefecture takes direct orders from the service in all matters
relating to the enforcement of the said Act.
GUATEMALA.—Administrative Departments. An Immigration Committee (Junta de Immigración) has been established in the Ministry of
Economic Development (Ministerio de Fomento), and includes five members
appointed by the executive authorities. When the Government introduces
immigrants on its own behalf, ¡special agents (agentes de immigración) are
appointed in the countries most suitable for the requirements of recruiting.
Consuls sometimes act as immigration agents 2.
Immigration Fund. The cost of the Immigration Services is met by the
State, while special grants may be made to them. (Act of 30 April 1909,
sections 29-33.)
HAITI.—Advisory Bodies. In September 1922 the State Council decided
to set up a Committee for Labour and Improvement of the Working Classes.
The Committee has been charged to study questions connected with production, co-operation and workers' migration, and to draw up relevant
statistics.
HONDURAS.—Administrative Departments. In accordance with the
Act of 8 February 1906, the national consuls accredited to the States in
America and Europe act as immigration agents. They are empowered to
conclude on behalf of their Government, and in accordance with its
instructions, immigration and land settlement contracts with the subjects
or citizens of such States (sections 10 and 11).
Advisory Bodies. The same Act (sections 7 and 8) provided for an
Immigration and Agricultural Committee (junta), consisting of the Minister
of Public Works (Fomento), the Minister of the Interior, a cattle-rearing
expert, an agricultural expert and a commercial adviser, the three last
named to be appointed by the executive authorities. The Committee acts
as a consultative organ of the Government in all matters connected with
immigration and the development of land settlement.
1
An Order of 16 Dec. 1927 imposes a tax on the exportation oí certain colonial products,
the total proceeds of which are paid into the Immigration Fund.
2
According to a message of the President of the Republic to the National Assembly
on 1 Starch 1928, the Guatemalan Government is at present considering measures for the
organisation of a Directorate of Land Settlement, Immigration and Repatriation, in order
to develop land settlement in the country, especially by means of alien immigration.
OFFICIAL DEPARTMENTS
165
IRISH FREE STATE.—Administrative Departments. The application
of the laws relating to the admission of aliens is entrusted to the Minister
of Justice, who has a staff of immigration officers at different ports.
MEXICO.—Administrative Departments. In virtue of the Act of
12 March 1926, the Migration Service is the competent authority in all
matters connected with the admission of aliens and the departure of
nationals. It is directly responsible to the Ministry of the Interior. Migration delegates are appointed to all ports and frontier stations through which
immigration is regular and legal. Assistant delegates may be appointed in
other ports and frontier stations through which international transit
facilities are granted.
The Minister of Public Health also appoints immigration agents and
medical staff at the international transit stations to enforce medical supervision of immigrants in accordance with public health regulations; where
no officials are appointed by the Ministry of Public Health, their functions
are performed by the migration delegates.
Customs officials are required by law to assist the migration officials in
the execution of their duties, and, when necessary, the officials of this
service may demand the help of the federal police forces or the local authorities to prevent the entry of persons who do not comply with the provisions
of the law.
The officials of the Migration Service ensure, on behalf of the Ministry
of Finance, the payment of the immigration tax.
Immigration statistics are kept by the Ministry of the Interior, which
is also responsible for taking the census of aliens, while Mexican consuls
abroad are entrusted with the issue of immigrants' identity cards
(sections 4-12, 16, 25, and 103).
Advisory Bodies. Delegates with expert knowledge of labour questions
(agregados obreros) have been attached to the Mexican diplomatic missions
since 1925, with a view to studying social questions, the labour movement,
and the solutions of labour problems adopted in other countries. Appointments of such nature have already been made in the principal European
countries and in South America.
NETHERLANDS : East Indies.—Administrative Departments. According to the Order of 29 November 1917 (I. S., 1917, No. 693) regulating
admission to the Colony, and the subsequent Orders amending it, special
officials are appointed to supervise disembarkation in the ports where aliens
may legally be landed. These 'officials include the chief officer of the
port, the deputy chief officers, and such officials as they may appoint to
represent them. Furthermore, immigration committees are established in
the same ports to consider the right of admission of each new arrival and
to issue cards of admission in exchange for disembarkation permits.
The committees include the chief administrative local official as president,
at least one other official specially appointed as secretary, a doctor of the
Public Health Services, and the chief representatives of the Chinese, Arab,
Moorish and Bengalese immigrant groups (section 6, (2)).
Surinam.—Administrative Departments. The general supervision of
immigration is entrusted to the Agent-General, who is responsible for the
organisation and control of immigration in general. In the districts,
inspection of conditions of labour and the treatment afforded immigrants
is carried lout by the district commissioners. Medical supervision is
effected by the Public Health Services.
Immigration Fund. Regulations issued on 21 August 1878 provided
for an immigration fund, which is a corporate body and is managed by the
Financial Administrator of the Colony, under the control of the Governor.
The sources of income of the fund are numerous, one of the more important
being the t a x of 5 florins payable on male immigrants (2| florins on female
166
IMMIGRATION SERVICES
immigrants). The fund is Used to cover the cost of introducing and repatriating workers jecruited by the Government on behalf of undertakings
in the Colony.
NEWFOUNDLAND.—Administrative Departments. By the Immigration Act of 1926, the Governor-in-Council is empowered to establish and
maintain immigration officers at such places within or outside the Colony
as seems proper (section 4). He may appoint commissioners of immigration and such other officers EIS are necessary for the carrying out of the
provisions of the Act (section 5). The Minister of Finance and Customs
is empowered to appoint or employ any subordinate officers, not otherwise
provided for, including medical officers, inspectors, guards, matrons and
nurses at immigration offices or stations and may confer with them and
charge them with such power and duties as be considers necessary or
expedient (section 6).
NORWAY.—Administrative Departments. The supervision of aliens
and the enforcement of the regulations governing admission to Norway
is in the hands of the police. Nevertheless, the Act of 22 April 1927
empowers the King to sanction the appointment of authorities to issue or
refuse immigration permits to.alien workers (section 2).
PANAMA.—Administrative Departments. Act No. 13 of 23 October
1926 provided for the creation of an Immigration Section in the Department
of Foreign Affairs, and stipulates that the executive authorities may appoint,
if they deem fit, immigration officials attached to the provincial administrations (section 17). According to section 1854 of the Administrative
Code, the Governors of the provinces are empowered to inflict the penalties
prescribed in connection with breaches of the immigration laws; appeals
may be lodged against the decisions with the President of the Republic.
Immigration Fund. The expenses incurred by the enforcement of the
immigration laws are covered by the budget of the Department of Foreign
Affairs, the Interior and Justice (section 18).
PARAGUAY.—Administrative Departments. A General Immigration
and Land Settlement Office WEIS set up under the control of the Ministry
of Foreign Affairs by the Act of 1903. Decree No. 6897 of 8 October 1917
established a Directorate of Lands and Colonies, which was reorganised
in accordance with Act No. 832 of 30 July 1926. The Directorate subsequently became a corporate body and is now named the Department of
Land and Colonies. This institution includes a n Immigration Section,
which, besides acting as an employment agency, is entrusted with the supervision of official and private land settlement ; it must assist alien settlers
claiming damages for breach of contract.
Attached to the Department is also a Publicity Service, which is required
to publish useful information on the different systems of land settlement,
the advantages offered immigrants, the methods of obtaining Government
land, etc. This Service must note the conduct and vocational ability of
each immigrant, submit quarterly reports to the Department of Land and
Colonies on the number and quality of the immigrants, or on the causes of
increase or decrease in the number of immigrants, and keep itself informed
on all questions connected with immigration. The activity of this Service
is very great.
The Department of Land and Colonies is responsible for the reception of
immigrants; it manages a hostel at Asuncion, which provides free board
and lodging for immigrants on their arrival.
PERU.—A General Immigration Department was set up by the Decree
of 26 January 1926, this institution being subsequently transformed into
OFFICIAL DEPARTMENTS
167
the Ministerial Directorate of Immigration, Colonisation, and the Lands
of Montana (virgin forest in the region of the Amazon district). The
Directorate is directly responsible to the Ministry of Economic Development
(Fomento), and its main functions are :
(a) To take all possible steps, in conformity with the law, to develop
immigration into Peru ;
(b) To inform consuls and vice-consuls of the measures necessary to
encourage such immigration, and to obtain from them in exchange
the information and data required for the improvement of the
immigration services ;
(c) To keep immigration statistics ;
(d) To take the necessary steps to find employment for immigrants in
commerce, industry, agriculture and the mining industries;
(e) To suggest suitable methods for the development of immigration;
(f) To compile a collection of the laws relating to immigration, with a
view to facilitating their consultation.
Advisory Bodies. The study of all questions connected with the development of land settlement and industry by means of immigration is entrusted
to the same body.
PORTUGAL.—According to the terms of Decree No. 13919 of 7 June
1927, the supervision of aliens a t the frontier stations is carried out by
officials of the Emigration Department, or, in their absence, by the administrative authorities of the customs or fiscal services, or by other
officials appointed for such purpose by the Ministry of the Interior
(section 6).
All information concerning aliens is centralised by the Public Security
Office. The registration of aliens and the issue of permits to reside in
Portugal is effected by the Civil Governors of the districts or by the communal administrators (section 3).
RUMANIA.—Administrative Departments. The Act of 11 April 1925
states that the Ministry of Labour, Co-operation and Social Insurance is the
competent authority to settle immigration questions, to authorise individual
or collective immigration, and to renew permits (which are in all cases of
limited duration), to establish new restrictions on immigration, etc.
Advisory Bodies. The Ministry of Labour is assisted in the regulation
of immigration by a Migration Commission, which was set up by Decrees
No. 5997 of 23 July 1921 and No. 56241 of 11 November 1921, and reorganised in virtue of the Act of 11 April 1925 (section 54). The Commission
is required to make recommendations on all matters connected with the
regulation of immigration and the International Conventions concluded on
this subject. As a result of the promulgation of the Act of 11 April 1925,
regional commissions, on which employers and workers are represented, have
been set up to consider the renewal or cancellation of residence permits
issued to alien workers.
RUSSIA.—Administrative Departments. A Permanent Immigration
Committee was instituted in the Council of Labour and Defence by a Decree
issued on 28 November 1922.
The functions of the Office were considerably extended by an Order
given on 17 February 1925 by the Council of People's Commissaries of the
Soviet Union (U.S.S.R.), and the Office now deals both with immigration
and emigration questions. I t consists of a president and several members,
including the Inspector-General of the Commissariat of Communications,
a delegate appointed by the Commissariat of Agriculture in each of the
federated Republics, and persons representing respectively the Supreme
Agricultural Council of the Soviet Union, the All-Russian Central Trade
Union Council, the Commissariat of Foreign Affairs, and the Central Police
Administration.
168
IMMIGRATION SERVICES
The Committee was required to draw up a general industrial and agricultural immigration scheme, to supervise the enforcement of such scheme, to
define the groups and persons eligible for admission to Russia, to encourage
the immigration of desirable persons, to draft regulations for the concession
of agricultural land and industrial undertakings to immigrants, to supervise
the immigration groups at the ports and frontier stations, to see generally
to the observance of the plans adopted for the transportation of immigrants,
to provide the immigrants with temporary permits to be exchanged subsequently for the papers required by all persons travelling or residing within
the frontiers of the Soviet Union, and to establish regulations relating to
the registration and census of immigrants and the compilation of immigrant
statistics.
Contracts governing the concession of agricultural land to immigrant
groups are concluded by the Commissariats of Agriculture of the Republics
concerned, while contracts for the concession of industrial undertakings are
drawn up by the departments of the Soviet Union and those of the federated
Republics in which the undertakings are situated. The clauses of these
contracts are established by common agreement between the Committee
of Labour and Defence and the above-mentioned Departments.
SERB-CROAT-SLOVENE KINGDOM.—An Emigration and Immigration Section has been formed at the Ministry of Social Affairs in virtue
of the Decree of 30 December 1922. I t is the duty of this Section to deal
with emigration and immigration matters and to supervise the authorities
concerned with these questions. The Section is also responsible for the
appointment of emigration and immigration commissioners in the home
ports, these commissioners being required to inform the police and port
authorities of any contraventions of the law coming under their notice
(sections 1 and 2).
The enforcement of the regulations respecting alien workers (Order of
24 November 1925) is carried out by the factory inspectors who are directly
responsible to the Ministry of Social Affairs, which co-operates in this respect
with the Ministry of the Interior, responsible for the supervision of aliens.
SIAM.—Administrative Departments. In pursuance of the Immigration
Act of 11 July 2470 of the Buddhist era (1927), the Minister of the Interior
is charged with the enforcement of the immigration laws and is consequently
empowered to take the necessary measures and to decree the requisite
administrative regulations. In certain matters, however, he is required
to co-operate with the Minister oí' Commerce and Communications.
The supervision of arrivals in the ports and frontier stations is effected
by special officials of the Immigration Department ; in districts where there
are no immigration officials the medical officers of the public health services
perform their functions. I n stations where there is an immigration official
the medical inspectors are attached to him to carry out the medical supervision of immigrants. (Sections 1-8 and 18 of the Immigration Act ; section 1
of the Regulations of 21 July 2470 of the Buddhist era (1927).)
S O U T H AFRICA.—Administrative Departments. The Immigrants
Regulation Act of 1913 (No. 22 of 1913),sectionl, provides that the GovernorGeneral may establish and maintain an Immigration Department. The
function of this Department is the performance of all work necessary for
preventing the entrance of prohibited immigrants into the Union, or for
removing such immigrants from the Union. The Department has, moreover,
to carry out any other powers and duties imposed on it by law.
The Department is entitled "Department for Immigration and Asiatic
Affairs", and is established in the Ministry of the Interior. I t deals with
the two questions mentioned in the title, namely, immigration and Asiatic
affairs.
An immigration officer has been maintained a t Lorenzo Marques in
OFFICIAL DEPARTMENTS
169
order to eliminiate delays which could not be avoided if all business in
connection with migration from Mozambique to the Union had to be transacted at the border station of Komatipoort 1 .
SWEDEN.—Administrative Departments. There is no special immi• gration department in Sweden. The enforcement of the regulations relating
to the admission and the employment of alien workers, and especially those
concerning the issue and the withdrawal of working permits, is incumbent
on the Ministry of Industry and Commerce, which is assisted in this work
by the police. (Royal Proclamation of 4 September 1926.)
SWITZERLAND.—Administrative Departments.
According to the
Federal Order dated 19 June 1925, approved by a national referendum
taken on 25 October 1925 and which adds Article 69<er to the Constitution,
the Confederation is empowered to legislate respecting the admission ;
departure, stay and the settlement of aliens.
The cantons decide concerning the stay and the settlement in accordance
with federal law. The Confederation has nevertheless the Tight to decide
finally in connection with :
(a) prolonged cantonal permits of residence and settlement, as well as
on the granting of exceptions ;
(b) the violation of settlement agreements;
(c) cantonal expulsions, the effect of which extends to the territory of
the Confederation;
(d) the refusal to grant the right of asylum.
By an Order issued on 29 November 1921 (section 10), the Federal Council
reserved the right to take the necessary measures regarding the extension
or the limitation of the right of admission in certain cases (see Chapter I I I ,
§3).
According to the same Order, it is the Central Office for the Supervision
of Aliens which, in agreement with the authorities of the canton concerned,
is competent to issue a consular visa authorising foreigners coming to Switzerland to settle or to work to cross the frontier, the cantons, however,
reserving the right to oppose the issue of the entrance visa, except in certain
cases described in Chapter I I I ( § 1 , (g)).
The cantonal police authorities issue permits of residence and settlement
and define the conditions attached to such permits ; they also issue permits
to work to aliens previously established in the country when their permit
of residence does not include the right to follow an occupation ; but in these
cases they must first request the opinion of the cantonal employment
office. (Order of 29 November 1921, section 17; Order of 7 December 1925,
section 2.)
The Central Police Office may oppose the issue of a settlement permit
within one month after receiving the relevant files from the cantonal
authorities (Order of 29 November 1921, section 19). The prosecution and
judgment of infringements of the Orders respecting the supervision of
aliens is left to the cantonal authorities, who are required to report theTeon
to the Central Police Office. The enforcement of these Orders and the
supervision of the control of aliens are entrusted to the Federal Department
of Justice and Police. Expulsion orders are issued by the authorities of
the canton concerned and by the Federal Council in virtue of Article 70 of
the Constitution. (Order of 29 November 1921, sections 24 to 33.)
TURKEY.—Administrative Departments. A Commissariat for the
Exchange of Populations, Reconstruction and Settlement was set up by
the Act of 13 October 1339/1923. This institution was abolished by Act
1
Official Tear Book of the Union of South Africa,
1925, No. 8.
170
IMMIGRATION SERVICES
No. 529 of 1 December 1340/1924 and its functions transferred to the General
Directorate of Settlement attached to the Commissariat of the Interior.
In accordance with Act No. 885 of 31 May 1926, the Minister of the Interior
is competent to issue or refuse settlement permits to persons coming from
abroad.
U N I T E D STATES.—Administrative Departments. The Bureau of
Immigration of the United States is a Subsection of the Department of
Labour, and is directed by a Commissioner-General of Immigration,
appointed by the President of the United States. I t is concerned with
the regulation and control of the immigration of aliens into the United
States, the admission of the eligible, the exclusion of the ineligible, and the
expulsion of aliens found to be unlawfully in the United States. The duties
of the Commissioner-General as defined in the Act of 1917 (section 23) are
as follows :
That the Commissioner-General of Immigration shall perform all
his duties under the direction of the Secretary of Labour. Under
such direction he shall have charge of the administration of all laws
relating to the immigration of aliens into the United States, and shall
have the control, direction, and supervision of all officers, clerks, and
employees appointed thereunder; he shall establish such rules and
regulations, prescribe such forms of bond, reports, entries, and other
papers, and shall issue from time to time such instructions not
inconsistent with the law, as he shall deem best calculated for carrying
out the provisions of this Act and for protecting the United States
and aliens migrating thereto from fraud and loss, and shall have
authority to enter into contract for the support and relief of such aliens
as may fall into distress or need public aid, and to remove to their
native country, at any time within three years after entry, at the
expense of the appropriations for the enforcement of this Act, such as
fall into distress or need public aid from causes arising subsequent to
their entry and are desirous of being so removed; he shall prescribe
rules for the entry and inspection of aliens coming to the United States
from or through Canada and Mexico, so as not unnecessarily to delay,
impede, or annoy persons in ordinary travel between the United
States and said countries, and shall have power to enter into contracts
with transportation lines for the said purpose. It shall be the duty
of the Commissioner of Immigration to detail officers of the Immigration Service from time to time as may be necessary, in his judgment,
to secure information as to the number of aliens detained in the penal,
reformatory, and charitable: institutions (public and private) of the
several States and Territories, the District of Columbia, and other
territory of the United States, and to inform the officers of such institutions of the provisions of law in relation to the deportation of aliens
who have become public charges. He may, -with the approval of the
Secretary of Labour, whenever in his judgment such action may be
necessary to accomplish the: purposes of this Act, detail immigration
officers for service in foreign countries; and, upon his request, approved
by the Secretary of Labour, the Secretary of the Treasury may detail
medical officers of the United States Public Health Service for the
performance of duties in foreign countries in connection with the enforcement of this Act. The duties of commissioners of immigration and
other immigration officials in charge of districts, ports, or stations
shall be of an administrative character, to be prescribed in detail by
regulations prepared under the direction or with the approval of the
Secretary of Labour.
Under the Act of 1924, arrangements have been made with twelve
countries, for which the quota is about 88 per cent, of the total quota of
the United States, for the examination of immigrants abroad. These
countries are : Belgium, Czechoslovakia, Denmark, Germany, Great Britain
OFFICIAL DEPARTMENTS
171
and Northern Ireland, Irish Free State, Italy, Luxemburg, the Netherlands,
Norway, Poland, and Sweden.
Immigration officers and medical examiners of the Public Health Service
are attached to American consulates in those countries to act in the capacity
of technical advisers. (General Order No. 51 of 9 July 1925.)
By the Air Commerce Act of 1926 (section 7, (d)), the Secretary of Labour
is authorised to detail to the ports of entry for civil aircraft such officers
and employees of the immigration service as he may deem necessary, and
may confer or impose on any such employee the powers, privileges, and
duties conferred or imposed on officers or employees of the immigration
service.
Hawaii.—Administrative Departments. By the Act of 21 April 1911, the
Department of Immigration, Labour and Statistics is placed under the
direction of a Board appointed by the Governor, and this Board may, with
the approval of the Governor, appoint a Commissioner of Immigration and
such other immigration officers as it considers necessary. The Board has
power to promote immigration and the settlement of immigrants On the
land (sections 1-3). I t may make enquiry and investigation into the conditions of immigration, and niay hear complaints of fraud and extortion.
It may collect information with regard to the need and demand for labour
by the various agriculturists, and the opportunities existing for immigrants.
I t may establish communication between immigrants and possible employers.
I t may co-operate with private and philanthropic agencies engaged in the
distribution and employment of labour. It may receive, hold and dispose
of private lands to facilitate their settlement (sections 4, 8).
Philippine Islands.—Administrative Departments. Officers oi the
General Government of the Philippine Islands are charged with the administration of the immigration law of the United States within the Islands.
(United States Act of 5 February 1917, section 1.)
URUGUAY.—Administrative Departments. A Decree of 11 October
1912 charged the Director of the Immigrants' Hostel at Montevideo with
the duty of supervising immigration. He is further required to furnish any
information as to immigration free of charge.
There is also a Settlement Commission, whose duty it is to supervise all
matters connected with land settlement.
Consuls abroad are required to act as immigration and recruiting agents.
Their work under this head consists in : (a) certifying fitness and moral
character of persons intending to go to Uruguay ; (b) issuing the tickets for
the journey placed at their disposal by the Government; (c) reporting on
the use made of the money obtained from the State for those services and
on the movement of immigrants from their place of residence to Uruguay
and other countries of immigration.
VENEZUELA.—Administration Departments. The Act of 26 J u n e
1918 established a Central Immigration Committee at Caracas empowered
to encourage and facilitate the introduction of immigrants and to ensure
their finding work.
Emigration agents are appointed in Europe by this Committee and they
work in co-operation with the Venezuelan consuls.
By the Act of 1918 the Government immigration agents are required to
furnish future immigrants and steamship companies with all the information
they request.
Immigration Fund. I n order to meet the expenditure in connection
with immigration, the Government has created an Immigration Fund, with
rather limited resources, derived in the main from budget subsidies.
172
IMMIGRATION
SERVICES
§ 2.—Private Societies and T h e i r Relations
with the Official D e p a r t m e n t s
Certain functions of the official immigration departments are
frequently performed by private societies, which, like the private
emigration institutions mentioned in Volume I of this work,
are often called upon to co-operate with the State. A large
number of these societies are in receipt of State subsidies. Some
of them are even recognised as fulfilling a semi-official capacity,
while most of them work in more or less close contact with the
Government services.
The diversity of character of the private immigration societies
is every bit as great as t h a t found among t h e emigration institutions. The national or international, denominational or nonsectarian character of these bodies, and the variety of aims
pursued, all contribute t o this diversity. I t should also be remembered t h a t numbers of the philanthropic societies formed
to protect immigrants, especially the more important ones, are in
reality, as has been seen in respect of emigration associations,
international institutions with ramifications in t h e emigration
and transit countries as well as in t h e immigration States. These
bodies have established branches in the emigration countries
and the principal transit ports to assist emigrants on their
departure and during the voyage, just as in the main immigration
countries their organisation offers a helping hand t o immigrants
during t h e difficult moments of disembarkation and settlement.
Moreover, the ever-increasing complexity of t h e formalities
encountered on arrival in certain countries, and the numerous
causes for rejection which arise from the severity of recent
regulations, have led t o the rapid development in these countries
of societies of this character, as, for example, in t h e United
States. I t is therefore necessary to emphasise here t h e p a r t
played b y these international institutions, which are treated
more particularly in Volume I I I of this study.
The international societies are not, however, t h e only bodies
affording protection and assistance t o t h e immigrant. Besides
societies for the protection of emigrants, created either on the
initiative of the countries of origin or b y the m u t u a l efforts of
the emigrants themselves, and which have already been described
PRIVATE SOCIETIES
173
in Volume I (Chapter IV, § 2), associations founded in the country
of immigration provide immigrants and settlers with the aid
they require. Some of these are inspired b y purely charitable
motives, while others have national aims, t h a t is to say, they
endeavour to promote the assimilation of aliens b y propagating
among the alien population, which, if neglected, would likely
become self-centred, the study of the language of the country,
t h e key t o its national culture, and by spreading a knowledge of
local habits among the new arrivals.
Mention must also be made of a further group of immigration
societies of quite another character, i.e. the technical associations
for the economic development of the country. Included in this
group are the employers' associations, which aim a t the definite
organisation of immigration, and not a t giving charity in
individual cases. I n many instances these associations devote
their energies t o supplying the immigrants with useful information
and t o recruiting, selecting, and placing immigrants in suitable
employment. Some of them have even been granted semiofficial powers to introduce desirable immigrants into the country
concerned, such, for example, being the case of the French
Immigration Society, which acts for employers in the recruiting
of industrial and agricultural workers, especially in Poland.
Similar prerogatives have also been accorded to numerous
societies in Argentina, Brazil, and elsewhere, while in Canada
the shipping companies sometimes conclude agreements with
the Government for the introduction of specified immigrant
groups. Still others facilitate b y means of loans, the installation
on the land of the settlers admitted. Mention is made in
Chapter V of those bodies which provide the immigrants with
the training necessary for the success of their venture.
Finally, many private societies have made arrangements
with t h e Governments of t h e British Dominions t o co-operate
in the assisted immigration of land settlers. Further mention
of this aspect of private enterprise is made in Chapter VI, § 5
("Assisted Immigration").
174
PRELIMINARY ASSISTANCE OF THE IMMIGRANT
CHAPTER V
PRELIMINARY ASSISTANCE
OF T H E
IMMIGRANT
In order to guide immigrants towards the economic activities
in which they will be most useful to the country and which at
the same time hold the best promise of success for them, two
methods are adopted : t h a t of publishing literature containing
useful information in all quarters where it is likely t o be seen by
intending immigrants and t h a t of giving practical training in
training centres.
§ 1.—The Supply of I n f o r m a t i o n
The information offices established in the immigration countries
generally consist of two branches, one organised t o supply future
immigrants with information concerning t h e prospects of settlement and of obtaining employment in the country, the other
intended t o provide new arrivals with details likely t o help them
t o settle down rapidly and successfully.
The main object of establishing official information services
abroad is to stimulate immigration by advertising the advantages
of the country, b u t these services are often required t o take
steps to rectify the erroneous impression created by exaggerated
propaganda on t h e p a r t of the land settlement societies and
shipping agencies or b y employers and recruiting agents, in order
to avoid the numerous complications which follow the arrival of
unsuitable and disabused immigrants.
Several methods are commonly used to spread information
abroad concerning opportunities of settlement in the country.
I n t h e first place t h e consuls, whose d u t y it is t o certify t h e
various documents required from immigrants, act as information
agents and publish useful information regarding immigration
THE SUPPLY OF INFORMATION
175
and the conditions of admission to the country. In some
instances States endeavour to increase land settlement in their
territories by appointing foreign propaganda agents and by
setting up special immigration offices to give information on
immigration. In this connection special attention must be called
to the offices maintained in Great Britain by the Dominions,
and those established in other mother countries by protectorates
enjoying financial autonomy (e.g. Tunisian and Moroccan offices
in France). These offices supply the public with oral information,
frequently organise exhibitions of the products of the country
they represent, and distribute useful booklets and pamphlets to
those interested. Immigration laws in some countries require
the competent services to prepare such booklets or to see to
the exactitude of their contents. Again, in some cases foreign
propaganda is carried out by means of advertisements in foreign
newspapers.
Within the immigration countries information offices are placed
at the disposal of immigrants. Frequently they are attached to
the disembarkation services, especially to the hostels in which
immigrants are quartered during the first few days following
their arrival. In other cases information offices are joined to
the employment offices, the special method of working in such
cases being described in the following chapter (Chapter VI, § 4).
The laws of a number of countries stipulate that information
must be given free of charge.
ARGENTINA.—The Immigration Act of 1876 empowers the executive
authorities to appoint special agents in Europe and America to carry on
foreign propaganda work. The Information and Propaganda Section of
the Ministry of Agriculture prepares and circulates numerous pamphlets
dealing with the general living conditions in Argentina, the economic
resources of the country, the immigration laws in force, land settlement by
immigrants, etc. Once a year this information is collected and published
in abridged form under the title of Nociones Utiles. The Ministry of Foreign
and Ecclesiastical Affairs also publishes information on the conditions of
admission to the Argentine Republic.
The consular services were recommended, by a Circular issued on 8 March
1923, to facilitate the distribution of the pamphlets on immigration into
Argentina and supply full information to those desirous of going there.
I n the country itself officials of the Immigration Office provide new
arrivals with all the necessay information. An official Information Office
is attached to the Immigration Hostel in Buenos Ayres.
AUSTRALIA.—By the arrangement of 1920 between the Commonwealth and the States (see Chapter IV, § 1), the Commonwealth is responsible
for the recruiting of immigrants abroad. It also undertakes all publicity
and propaganda in connection with the encouragement of immigration.
176
PRELIMINARY ASSISTANCE OF THE IMMIGRANT
This work is done through the Migration and Settlement Department,
which is attached to the High Commissioner's Office in London, and is
placed under the control of a Director of Immigration and Settlement.
This Department gives information concerning immigration and settlement
in Australia, and all migrants entitled to assisted passages must be examined
and approved by it.
The different States are also represented in London by Agents-General,
who give information concerning the conditions of settlement in their
respective States x.
BOLIVIA.—The consuls in general, and in particular a certain number
of consulates organised in Europe as information offices (see Chapter IV,
§ 1), give, when requested by intending immigrants, detailed information
on climatic conditions and the situation of commerce and industry in
Bolivia. I n this connection they distribute booklets and pamphlets containing useful facts which the Ministry of Colonisation prepares in the more
common languages. Information offices receive subsidies to meet the cost
of their propaganda work.
In the interior of the country the Immigration Office provides new arrivals
with all the information of which they may stand in need. (Act of
20 January 1927, sections 2 / , 15 and 16.)
BRAZIL.—The General Directorate of Settlement, a department of the
Federal Ministry of Agriculture, publishes pamphlets which summarise the
immigration laws and describe advantages open to immigrants admitted
and the possibilities of settlement for new arrivals.
I n the interior of the country the Immigration Commissariat and the
inspectors of the General Directorate of Settlement are entrusted, in virtue
of Instructions issued on 30 June 1925 (section 8), with the organisation
in the ports of disembarkation of offices, which are open night and day, and
which act as information agencies for foreigners arriving in Brazil. These
offices provide immigrants with detailed information and explanations
respecting the conditions of settlement in the country. A well-equipped
official Information and Employment Office has been established in the port
of Rio de Janeiro. Persons interested may also apply to the Ministry of
Agriculture, Industry and Commerce, where a special information service
attached to the General Directorate of Settlement replies in writing and
in their own language to immigrants asking for information from any part of
Brazil 2 . (See also § 2 of present chapter.)
State of Bahia.—In virtue of the Administrative Regulations for the
enforcement of the Immigration Act of 4 January 1926, the General Directorate of Lands, Mines, Settlement and Immigration has established an
information office which provides information on life in the State, the advantages offered there to immigrants, conditions of labour in the country, and
all matters of interest to future immigrants and likely to promote immigration. This office is required to publish pamphlets and guide books on
these various questions (section 6, x and xi). The Immigration and Land
Settlement Service is required to set up an information service easily
accessible to the public, and to axrange with the Immigrants' Hostel to give
daily information to new arrivals on situations vacant in the country
(section 11, v and vi).
State of Sao Paolo.—In the State of Sao Paolo an Act published in the
Diario Official of 19 January 1927 set up two commercial offices abroad,
one in Brussels is for the North of Europe, the other in Washington for the
1
Official Year Book of the Commonwealth of Australia, No. 19, 1926.
* DIBECTOEIA DO SERVICO D O PovOAMENTO : Resumo dos dispositivos legaes e regulamentares, 1922, p . 7.
THE SUPPLY OF INFORMATION
177
United States and Canada. These offices are entrusted with giving information concerning the physical, political, economic and social conditions in
the State, the various branches of industry, the system of land settlement,
the advantages offered to immigrants, the price of land, the method of
acquiring land, the wages normally offered to workers, and the cost of
living. These offices reply to applications made by private persons. They
also keep the Ministry of Agriculture of Sao Paolo informed concerning
the economic situation, the movement of world commerce and industry,
and the various migration movements in the districts under their charge.
The offices are placed under the direct control of the Brazilian legations
and embassies in the countries where they are established and are required
to act in accordance with the guiding principles laid down by the Brazilian
Diplomatic Corps.
A Central Information Service is attached to the Ministry of Agriculture,
Industry and Commerce of the State of Sao Paulo, which publishes pamphlets
calculated to promote settlement on State lands.
CANADA.—The Department of Immigration and Colonisation maintains
offices in Great Britain, the Irish Free State, the Continent of Europe, the
United States, and the Orient. The offices in Great Britain, the Irish Free
State, and the United States are mainly for purposes of recruitment; those
in other countries are mainly for purposes of inspection and control. The
work in Europe is under the guidance of the Director of European Emigration in London. There are offices in Birmingham, Bristol, Liverpool,
York, Belfast, Dublin, Glasgow, Inverness, and Bangor. On the Continent
the offices are situated at Antwerp, Danzig, Genoa, Hamburg, Paris, Riga,
and The Hague. For the special advice and guidance of women migrants
women officers are attached to the staffs at London, Liverpool, Glasgow,
and Belfast. In the United States offices are situated at Boston, Chicago,
Columbus, Detroit, Fargo, Great Falls, Harrisburg, Indianapolis, Kansas
City, Manchester, Omaha, Portland, St. Paul, San Francisco, Spokane,
Syracuse, and Woonsocket. The Provinces of Nova Scotia, Quebec,
Ontario, and British Columbia have Agents-General in the British Isles and
Alberta is represented in London by an official specially charged with
promoting immigration in that Province.
The Dominion Department of Immigration and Colonisation, moreover,
carries on publicity and propaganda in certain countries, mainly the British
Isles and the United States. The principal means used are newspaper
and farm journal advertising, the preparation and distribution of news and
articles, the preparation and distribution of booklets and other literature,
illustrated lectures, the placing of exhibits of products at agricultural fairs,
the maintenance of attractive shop windows at strategic points, and special
visits to Canada of editorial parties.
I n Canada itself, the Land Settlement Branch of the Department of
Immigration and Colonisation maintains representatives whose function
it is to ensure new settlers being directed to land where they can have the
best opportunities of success, to safeguard them from exploitation in the
purchase price of land which they may buy, and to facilitate the placing of
new immigrants in farm employment.
The Provincial authorities co-operate with the Dominion authorities in
giving information to immigrants after their arrival in Canada 1.
COLOMBIA.—In virtue of Act No. 114 of 30 December 1922, the
consuls, vice-consuls, consular agents, and chiefs and deputy chiefs of the
Information Office of the Ministry of Commerce and Industry appointed
1
Canada and Immigration;
A Brief Review of Policy, Organisation, and Practice.
Issued
by a u t h o r i t y of the Hon. R o b e r t F O R K E , Minister of I m m i g r a t i o n and Colonisation.
Ottawa, 1927.
12
178
PRELIMINARY ASSISTANCE OF THE IMMIGRANT
abroad are required to carry on the necessary propaganda work to bring
to the notice of the public the characteristics of Colombia, its commercial
and industrial conditions, the legal protection afforded to immigrants by
the Constitution, the available communications likely to be of help to them
in settling down, and all matters pertaining to residence in the country.
The foreign immigration agents of the Republic are forbidden to take any
payment from immigrants for information given or for helping them to
reach Colombia. The chiefs of legation and consular inspectors are required
to see that these recommendations are observed and that the agents perform
their duties in a proper manner.
Act No. 45 of 29 December 1922 reorganised the Information Services
abroad and placed the Commercial Information and Propaganda Offices,
which are supervised by the Colombian diplomatic representatives, under
the direct control of the Ministry of Agriculture, Commerce and Industry.
Offices of this kind have been opened in New York, London, Paris, Barcelona, and Hamburg.
In the country itself, the immigration committees in the ports and frontier
stations are required to provide immigrants with information on the districts
where they wish to go and those; available for settlement. (Act No. 114 of
1922, section 7.)
CUBA.—Information agencies are established in Europe in countries
where the Government deems necessary and from which it appears desirable
to receive immigrants. These agencies are placed under the control of the
Assistant Delegate for Immigration in Europe. (Act of 17 February 1925,
section 2.)
Private propaganda work abroad by means of promises of employment
or the use of advertisements or posters likely to stimulate immigration is
forbidden.
Similarly, the shipping companies and the shipowners must limit their
advertisements to purely commercial information (see Chapter VII).
ECUADOR.—At present foreign propaganda work is left to the consuls.
I n some cases, exhibitions of products and views of the country are organised
and in certain cases the necessary pamphlets prepared. Nevertheless, on
account of transport difficulties existing in Ecuador the Government
recommends its agents to be prudent in giving information to intending
immigrants K
FRANCE.—Foreigners going to France to take up employment are
supplied with a certain amount of information at the time of their recruitment or on taking up their employment, through the medium of their
contract of engagement which embodies various instructions (printed in
French and in the native tongue of the worker concerned) on the immigrants'
social and vocational privileges and obligations.
Aliens may apply in their own country to the French consuls and in
France to the official departments entrusted with the control of alien labour
for any information they may require, especially concerning the legal
provisions applying to them in the event of their taking up work in France.
The competent services in this connection are the Foreign Labour Department of the Ministry of Labour for industrial and commercial workers,
and the Agricultural Labour and Immigration Department of the Ministry
of Agriculture as regards agricultural workers ; both of these Departments
are situated in Paris. A number of inland and frontier immigration control
stations have interpreters on their staff, who provide immigrants with
information in their mother tongue.
Further, a General Employment Office of the Ministry of Labour publishes
Cf, Injorme
del Ministerio
de relaciones exteriores,
1923-1924, p . 274.
THE SUPPLY OF INFORMATION
179
in the Bulletin du Marché du Travail weekly summaries of the position of
the labour market (fluctuations in the labour supply and demand, unemployment data, etc.) in the various departments of the country.
Dependencies.—The Office of the Algerian Government, the Office of
the Sherifian Government, and of the French Protectorate in Morocco, the
Office of the Government of Tunis, and the economic agencies created by
the Governments of Indo-China, Madagascar, French West and Equatorial
Africa—institutions maintained in the capital by the colonies and protectorates concerned—provide Frenchmen who intend to settle in these different
countries with the necessary information concerning agriculture, trade, and
industry, conditions of work and acquirement of land, etc.
GREAT BRITAIN : Colonies.—As regards Southern Rhodesia, the
High Commissioner for Southern Rhodesia in London gives information
concerning emigration to that Colony K
GUATEMALA.—In virtue of the Act of 30 April 1909, Guatemalan
consuls stationed abroad are considered as emigration agents, and are
required to take all the necessary steps to encourage immigration into
Guatemala. In this connection they are entrusted with advertising the
physical and climatic conditions of the country, the fertility of the soil,
fhe actual position of its agriculture and industry, its means of communication, and the advantages offered immigrants.
To aid them in this work the Consular Section of the Ministry of Foreign
Affairs supplies the consuls with various books, literature, maps and other
means of information likely to be useful to them (section 35).
NEW ZEALAND.—The High Commissioner for New Zealand in London
gives information to intending emigrants.
On arrival in New Zealand assisted immigrants are met by officers of the
Immigration Department whose duty it is to give the immigrants all necessary information. Assisted female dQmestic workers are met by the Girls'
Superintendent of the Immigration Department and arrangements are
made for sending them to their destinations a.
PARAGUAY.—According to the Act of 6 October 1903, the consuls are
required to carry out information and propaganda work abroad. The
Government may also appoint special immigration agents where it considers
necessary. Both the consuls and the immigration agents act in the furtherance of these aims under the direct orders of the Immigration Office
(section 12).
The Department of Lands and Colonies publishes a bulletin ( Boletín de
la. Dirección de Tierras y Colonias) and pamphlets containing information
on legislation and economic facts likely to interest persons desiring to
settle in the country.
On arrival in the country, the immigrants find at the Immigrants' Hostel,
which helps them on disembarkation and provides free board and lodgings
during the first few days, an information office ready to give them useful
advice.
S P A I N : Fernando Po.—Towards the end of 1926, an Information
Office attached to the Governor's office was set up at Santa Isabella, the
chief town of Fernando Po, to co-ordinate applications received and to
1
OVERSEA SETTLEMENT DEPARTMENT : Handbook
Overseas. London, revised to 1 J a n . 1927.
2 JVeio Zealand Official Tear Book, 1926.
for Men who are Thinking
of Settling
180
PRELIMINARY ASSISTANCE OF THE IMMIGRANT
provide information likely to facilitate Spanish immigration into the
Colony K
SWITZERLAND.—The Federal Department of National Economy, to
which the Federal Labour Office is attached, publishes, in French and
German, a monthly economic review (Rapports Economiques et Statistique
sociale : Wirtschaftliche und socialstaìistische Mitteilungen), which gives a
general survey of labour conditions. This periodical contains statistics
and graphs describing the labour supply and demand in the various trades,
unemployment tables, cost of living data, etc.
U N I T E D STATES.—See Chapter X I , § 3.
URUGUAY.—The Act of 1890 (sections 1 to 3) stipulates t h a t the
Uruguayan consuls must supply free of charge all information requested
concerning conditions of immigration and settlement in Uruguay.
Section 40 of the same Act lays down that the legal provisions governing
immigration must be largely advertised abroad. The immigration laws
must be translated into the various languages and displayed in the information agencies and shipping offices.
I n the country itself, a n official of the Immigration Service visits vessels
bringing immigrants and gives them preliminary information. At the
Immigrants' Hostel, where new arrivals have the right to stay free of charge
for several days, information concerning the customs of the country, wage
rates, the currency system of the country, rates of exchange, etc., are
given them in order that they may avoid being victimised by persons
ready to take advantage of their ignorance. (Cf. Regulations of the
Immigrants' Hostel, 18 July 1908.)
VENEZUELA.—According to the Act of 26 J u n e 1918, immigration
agents established in Europe, in the Canary Islands, and in other places
where the Government of Venezuela deems fit, and consuls and commercial
agents are required to furnish any information which may be demanded of
them by persons desiring to go to Venezuela. With this end in view, they
must have the immigration laws translated into the language of the country
where they are resident, and bring to the notice of the public, through the
press and the publication of pamphlets and prospectuses, all information
concerning the conditions of immigration and land settlement in the country,
circumstances favouring the installation of agricultural and commercial
enterprises, the advantages open to immigrants, the formalities to be
fulfilled in order to obtain such advantages, etc.
Samples of Venezuelan products, with the necessary explanations, maps,
and photographs must be at all times at the disposal of the public. These
agents are also required to see that the immigrants receive only truthful
information and to contradict false information and exaggerated promises
which shipping companies concerned or private individuals may have spread
or given.
The Office of National Lands or the Central Office of Colonies supply
the agents with all necessary information concerning the purchase of land
in the country (sections 6, 8, 23, arid 56).
*Cf. Bolletino dell' Emigrazione, Feb. 1927, p. 171.
TRAINING OF IMMIGRANTS
181
§ 2.—Training of I m m i g r a n t s
Efforts are made by several of the more important immigration
countries to provide immigrants, and future settlers in particular,
with theoretical and practical training likely to be of use to them
in their new venture. Up to the present, such schemes are
confined mainly t o the British Dominions, where they are often
the result of agreements made for the enforcement of the British
Empire Settlement Act; in many cases the funds for the upkeep
of t h e training centres are provided by t h e two countries concerned. I n Australia and Canada, however, legislation in force
prior to the adoption of the Empire Settlement Act provided
for a period of apprenticeship of young immigrants, free advice
by experts for persons taking up land for the first time, and
opportunities of probationary employment with well-established
settlers.
The results obtained in the British Dominions by the training
farms for intending settlers are beginning t o inspire other countries
to similar efforts. I n Chapter V of Volume I, attention is
drawn t o the recent foundation by the Portuguese Government
of a training farm in Mozambique. This farm is run a t t h e
expense of the Portuguese Government, but the actual training
takes place in the country of adoption in circumstances which
enhance the value of the knowledge acquired.
Although not yet very widespread, the training of the immigrant
is a question worthy of study. I t is an aspect of modern labour
methods which aim a t eliminating wastage of h u m a n energy
by avoiding the blunders arising from empirical adaptation
and false beginnings, in order t h a t the efforts made may coincide
with t h e result which it is desired t o obtain.
Settling on the land often necessitates the immigrant undergoing a new apprenticeship. Even the most experienced alien
agricultural worker must learn the special processes of cultivation
required by climatic and other conditions often very different
from those of the country where he has hitherto exercised his
calling, and a preliminary period of practical training is essential
for him if he is subsequently to overcome the special difficulties.
of the new country to which he is to a d a p t himself. I t is for
182
PRELIMINARY ASSISTANCE OF THE IMMIGRANT
these reasons t h a t the training of immigrants consists mainly
of instruction in agricultural methods.
Nevertheless, the adaptation of young immigrants to conditions
obtaining in industry and the crafts has also been undertaken in
some countries, the legislative provisions governing such schemes
generally having a twofold object, namely, to provide young
workers with technical training and to afford them the necessary
protection.
AUSTRALIA.—Legislation in force in the various Australian States
regulates apprenticeship conditions for young immigrants ; this legislation
tends to ensure them sound vocational training in healthy and moral
conditions and to protect young workers against possible abuses on the
part of their employers. An Act of this sort, the Juvenile Immigrants
Act, was promulgated in Western Australia as early as 1842 (No. 8 of 1842).
Training or apprenticeship schemes are in operation in a number of Australian States for British immigrants.
I n New South Wales the Juvenile Migrants Act (No. 8 of 1926, assented
to on 17 March 1926) empowers the Minister of Labour and Industry to
appoint training farms for the reception, control and training of juveniles
from fourteen to eighteen years of age for rural employment, to place such
juveniles on a Government training farm and ultimately to place them for
employment with an employer. The Minister has the care and control of
the juveniles during the time they are not in employment, and he supervises
them while they are in employment. No employer may transfer a juvenile
to another employer or dismiss him unless he has given the Minister seven
days' [notice in writing. The Minister may, however, transfer, a juvenile
to another employer or require him to return to a training farm.
In New South Wales also boys are taken from Great Britain under the
"Dreadnought" scheme. The training given is of two kinds. The majority
of the boys go to the Government farm at Schey ville, where they are taught
the elementary operations of farm work. The maximum length of the
course is thirteen weeks, but the boys are placed out as soon as they are fit
to accept work on a farm and suitable vacancies occur. The remainder of
the boys go to one of the State experimental farms, where the course lasts
six months. This course aims not only at making the boy useful to his
immediate employer, but also at giving him a groundwork of knowledge
that will be of use to him when he takes up farming on his own account.
The boys receive 7s. 6d. per week as pocket money after the first three
months on the training farm and from 20s. to 25s. per week (with keep)
when they are first placed with an employer.
In South Australia there is an apprenticeship scheme under which boy and
girl immigrants between the ages of fifteen and eighteen are apprenticed
for three years to approved employers for the purpose of learning a trade.
The period of apprenticeship may not extend beyond the day on which the
immigrant attains the age of twenty-one years. Further, it is provided
that no immigrant, being a boy, shall be apprenticed to any employer for a
longer period than three years, or, being a girl, one year.
There is also a special scheme for boy farm apprentices, in respect of whom
an agreement, which is signed by the Commissioner of Crown Lands, the
employer and the boy, provides for the payment to the boy of 4s. per week
as pocket money, the remainder of his wages being paid to the Immigration
Office, where it is credited to the boy's account with interest a t 4 1 / 2 per cent.
This" is handed over to the boy when he reaches the age of twenty-one.
The Immigration Act, J 923, by which such apprenticeship is regulated
(sections 5 and 15), empowers the competent Minister to make such provision
TRAINING OF IMMIGRANTS
183
as hedeems necessary for the supervision and maintenance of these young
immigrants, for such period as the Minister thinks proper. The employer
undertakes to teach the boy the business in which he is himself
engaged. Official inspection is carried out by the local police. This
scheme was suspended in 1924, but a Bill was introduced in 1927 for the
purpose of reviving it.
A similar scheme to the above is in force in Queensland K
BRAZIL.—In certain of the States of the Union the regulations provide
immigrants settling in State land settlement centres with free information
of a practical character on the cultivation of the lands allotted them, and
sometimes even with the necessary instruction in training schools. Arrangements of this sort have been made in the State of Bio Grande do Sul.
(Decree 2098 of 13 June 1914.)
CANADA.—Arrangements have been made for British boys between
fourteen and seventeen to undergo a period of training on Government
training farms in Canada. Farms for this purpose have been provided in
a number of provinces, and the boys' progress and treatment during the
period of training are supervised by inspectors of the Dominion Land Settlement Department. A grant is made in respect of each boy to cover passage
and the cost of training 2.
In addition, there is an extensive scheme of child and juvenile immigration into Canada from Great Britain under the auspices of certain
philanthropic societies, which supervise the arrangements for placing them
in employment and for their subsequent welfare. The Dominion and
Provincial Governments also exercise powers of inspection over all immigrant
children 3.
The Province of Alberta has a scheme for training British boys of seventeen
to twenty-five years of age at a Provincial Government Agricultural School.
The boys must possess a capital of at least £50 to pay for board and lodging
during training, which costs $36 a month. The training is free.
A similar scheme exists in the Province of Ontario. By an agreement
between the British Government and the Provincial Government boys
between fifteen and seventeen are given free passages, and then trained at
an agricultural college in Ontario during the winter months. After training
they are placed on a farm for three years at $10 a month with board and
lodging. The Ontario Government furnishes after-care, advice, protection,
and supervision for three years after arrival 4 .
N E W ZEALAND.—The Master and Apprentice Amendment Act of
1920 provides for the apprenticeship of boys within the United Kingdom
between the ages of fifteen and nineteen for farm work in New Zealand.
The indenture may provide for the payment out of the apprentice's wages
of the passage money and other expenses incurred, and for the payment of
any part of the balance into an account for the benefit of the apprentice.
The wages payable after the first year's employment must be such as
are usually paid on farms to boys of the age and capacity of the apprentice ;
any difference of opinion on this question is determined by arbitration.
On the arrival of the apprentice in New Zealand, the Minister of Immigration
must nominate some person or company to be the employer of the apprentice.
Apprenticeship continues until the boy reaches the age of twenty years.
Apprentices may complain to the Minister of any ill-usage or neglect
1
C£. Report of British Oversea Settlement Delegation to Australia.
Cmd. 2132.
Announcement m a d e b y the Director of European Emigration in London, March 1927.
Report of British Oversea Settlement Delegation to Canada, 1924. Cmd. 2285.
* G R E A T B R I T A I N : Handbook to the Dominion of Canada, op. cit., p p . 9-10.
2
3
184
PRELIMINARY ASSISTANCE OF THE IMMIGRANT
of duty by the employer, and the Minister has the power to discharge the
apprentice from all obligation to that employer, and to place him with
another one.
There are training schemes in operation under the control of private
societies. For example, under a scheme for which the "New Zealand
Sheep Owners' Acknowledgment of Debt to British Seamen F u n d " is
responsible, the sons of British seamen wounded or killed during the war
are eligible for free passages under the "assisted passage agreement" between
the British and New Zealand Governments, and on arrival in New Zealand
receive a preliminary training of six months on a specially equipped farm,
and are then indentured for three years to farmers. The same Society
has a training scheme for girls.
The Salvation Army also maintains a farm school in New Zealand 1.
S O U T H AFRICA.—Arrangements have been made for prospective
farmers who have the capital to acquire and develop land to obtain training
on Government farms at a charge of £60 a year for board, residence, and
tuition.
Moreover, the 1820 Memorial Settlers' Association has established training
farms in different parts of South Africa. Settlers approved by the London
Committee of the Association who proceed to South Africa at a reduced
passage rate can, if they so desire, go through a course of training before
taking up land on their own account. A large number of farmers have
agreed to take pupils for two years and to train them in the best methods
of farming in the Union with free board. During this period of training
the settler's capital is to remain intact.
The Association has also made arrangements to assist public and secondary
school boys with a minimum capital of £1,000 to settle in South Africa.
Each settler under this scheme is 'required t o undergo a period of three
years' training, of which one yeaT will be at one of the Association's training
farms, and two years with an approved farmer. Tuition is free, and during
the two years with the farmer board and lodging are also free ; but at the
training farm there is a charge of £5 per month to cover living expenses.
On completion of his period of training the boy is placed out as a settler,
and the Association assists him to establish himself upon his property and
stands behind him until he ceases to require help 2.
1
Repart of British Oversea Settlement Délégation to New Zealand, 1923. Cmd. 2167.
O V E R S E A ; S E T T L E M E N T DEPARTMENT : Handbook on the Union of South Africa. London,
reTised to 1 J a n . 1927.
2
EMPLOYMENT OF ALIEN WORKERS
185
CHAPTER VI
EMPLOYMENT, RECRUITING, AND
OF A L I E N WORKERS
PLACING
Attention is called in Volume I to the rapid development
which organised emigration has undergone during recent years.
This p a r t of our study, however, deals with the opposite side
of the question as seen from immigration countries. As in
Volume I, a distinction is made between recruiting, the method
used to obtain the necessary workers, and placing, t h e method
used to satisfy a definite demand for or offer of work. A section
of t h e chapter is also devoted t o the consideration of another
form of organised immigration, namely, assisted immigration,
which may be likened in some respects to t h e two preceding
forms. Further, the initial section describes the various laws
which regulate the employment of alien workers in a large
number of countries, as the conditions attached to employment
are not without having a certain amount of influence on the
recruiting and placing in employment of alien labour.
§ 1.—Employment of Alien Workers
The regulations governing the employment of alien workers
are, as has already been stated, merely the complement to those
relating t o t h e admission of aliens which are studied in Chapter I I I ,
§ 1, (g). They have, however, a direct influence on the admission
itself, when immigration is caused by the intention to seek work
in the country concerned. The regulations governing the employment of aliens are very complex and many are the systems
adopted. Nevertheless, they all have one and the same aim and
186
EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS
are intended, b y the introduction of State control over the employment of alien workers, to give the Governments the necessary
power to restrict or t o facilitate such employment according
to the actual national requirements for labour in any given trade
or occupation.
The numerous provisions embodied in the regulations may
be divided into four main classes : (1) Provisions wholly or
partially prohibiting the employment of alien workers; (2)
Provisions respecting compulsory labour permits; (3) Provisions
respecting change of trade or occupation; (4) Provisions intended
t o restrict the number of aliens employed in any given trade or
occupation.
1. The provisions prohibiting the employment of aliens are
rarely absolute and exceptions are sanctioned in most cases
by the issue of individual labour permits. At the same time,
there is a considerable amount of difference between the two
methods of regulation (prohibition and obligation to have permits). For example, the States which decide in principle to
prohibit the employment of aliens in their territories, grant
individual permits as exceptions to the law, b u t always as
exceptions and very often merely provisionally; the issue of
such permits is confined to particular classes of skilled workers
who are indispensable for the industry of the country. Regulations which partially close certain branches of the nation's
activities to aliens have a still greater positive value and generally
allow of b u t very few individual exceptions. Sometimes the
legislation defines the trades closed to aliens, b u t in other cases
it merely mentions the departments empowered to fix periodically
the branches of industry in which the employment) of aliens is
forbidden or, what is practically the same thing, those in which
it is authorised.
2. Permits for the employment of alien workers may be introduced according to two systems, having more or less the same
result. Either the employers desirous of engaging foreign labour
may be required to apply for permits, or labour permits may
be required from t h e aliens themselves prior to their taking
u p paid work. I t is of little importance which system is adopted
or whether both are used, as these are only formal differences.
I t is important, however, to note t h a t whatever system be adopted,
the branches of employment and the trades affected differ from
EMPLOYMENT OF ALIEN WORKERS
187
country t o country, in accordance with the conditions of the
national economic system and the available supply of national
workers of different classes (manual workers or intellectual
workers). I n some instances, moreover, there is a considerable
amount of difference in the regulations relating to industry
and those applying t o agriculture.
The issue of permits for the engagement or employment of
alien workers is entrusted in each country to a special department, generally t o t h a t competent to deal with the general
regulation of labour, although sometimes the public employment
services are responsible for this work. I n all cases the latter,
which are particularly well informed as to the situation of
the labour market, are the most often consulted as regards
the issue of permits.
When preliminary authorisation is not required for the engagement of alien workers, the employer is frequently required
to notify the public services when he engages an alien worker
and when the engagement of such worker terminates.
I n some countries a fresh permit must be obtained with every
change of job, b u t in most cases the formalities are greatly
simplified for established immigrants, and frequently t h e alien
who is already in possession of a permit is under no further
obligation, and is treated as a national in respect of all subsequent changes of occupation. I n still other cases, the permit
is issued for a definite period, and so long as it is valid, the holder
may change his occupation without hindrance. I n such cases
the permit must be renewed on expiry, even although the holder
remains in the same situation.
3. The measures taken to regulate changes of occupation
are intended, where possible, to keep workers in those branches
of employment for which they were allowed into the country,
and thus reduce the risk of economic competition and disorganisation in certain trades, which might result from their taking
u p other activities. I n order to avoid difficulties of this nature,
labour permits are often valid only for the branch of employment
for which they were originally granted, and admission to another
trade necessitates the issue of a new permit.
I n some cases t h e worker is absolutely forbidden to change
his trade, prohibition of this sort generally referring to a change
from agricultural t o industrial pursuits. I n other countries,
188
EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS
alien workers m u s t remain a certain time in the trade for which
they were admitted, unless an economic crisis or other grave
reason justifies their changing employment, and provided t h a t
t h e competent authorities are not opposed t o their employment
in the trade selected b y tliem.
4. The fourth class of measures also limits t h e right of alien
workers to chose a trade, and like the provisions already described,
is intended to prevent alien workers from competing on a large
scale with national workers in trades which are already overcrowded. The favourite way of settling this question in European countries is t o issue regulations restricting the alien's
right t o change his trade. South American countries prefer
another plan, which, while not unknown in Europe, is yet somewhat rare in t h a t continent, and which consists in regulating
by law t h e percentage of national and alien labour t o be employed
in each undertaking.
I n a number of countries the managers of certain classes of
undertakings are obliged to choose a large proportion of their
staff from the available national labour, a fact which drives
aliens into the non-regulated trades, ^vhich are generally those
where there is a shortage of national workers. Regulations of
this nature primarily concern commercial establishments, but
sometimes they extend to industrial concerns or certain branches
of industry.
I t may also be said t h a t as a rule aliens are ineligible for official
or administrative employment (military or civil service posts).
Furthermore, several countries (France, Italy, etc.) have issued
regulations which reserve a certain number of official and private
posts for ex-service men. Finally, the measures governing
admission t o t h e liberal professions and the small crafts mentioned
in Chapter X I , § 6, go t o complete t o a certain extent t h e measures
taken t o control t h e employment of aliens.
I n order t o allow the supervisory organs to exercise accurate
control over t h e enforcement of t h e legal provisions respecting
t h e employment of aliens, various administrative regulations
are adopted in t h e different countries. Among those most frequently adopted may be mentioned the compulsory notification
of the engagement of alien workers and the termination of their
engagement, the entering of aliens employed in each undertaking
EMPLOYMENT OF ALIEN WORKERS
189
in a special register which is subject to regular examination, the
use of residence permits containing mention of the holder's
trade, etc. The measures relating to the registration of
foreigners in general, including wage-earners and others, are
analysed in Chapter XI, § 5.
AUSTRALIA.—A description is given of a number of measures respecting the conditions of alien workers introduced under contract in § 3
of the present chapter (immigration and labour contracts).
AUSTRIA.—The Federal Act of 19 December 1925 (Inlandarbeiterschutzgesetz), which provides for a temporary restriction of the employment
of aliens, forbids employers, on account of the exceptional amount of unemployment in the country, to employ alien wage-earning and salaried
employees, domestic servants or teachers without first obtaining a Government permit. Applications for labour permits must be sent accompanied
by a reasoned statement to the Migration Office, which, before delivering
a permit, will, when necessary, come to an agreement with the other Federal
Ministries concerned. As regards agricultural workers, the office of the
province concerned (Amt der Landesregierung) must be consulted before
a permit is granted; in other cases the opinion of the industrial district
committee must be obtained. These institutions may be empowered to
issue permits without consulting the Federal Departments. In this event
they are required to set up special committees consisting of two employers'
and two workers' representatives, presided over by the provincial governor
in the first case (agricultural workers) and by an employer and a worker
alternatively in the second instance (other workers). A permit may not
be granted unless the state of the labour market justifies its issue, or economic
interests necessitate it, or other important reasons (especially serious family
considerations or reasons of humanity) make it desirable.
Employment permits are valid for one year. They may be renewed,
in which case special conditions may be imposed on the holder.
The Act further states that these exceptional measures shall cease to
have effect when the conditions which have given rise to them no longer
exist. This date shall be fixed by an Ordinance of the Government in
agreement with a committee of the National Council. The provisions of
international agreements are not affected by the Act, nor does the Act
apply to aliens who have been resident in Austria since 1 January 1923.
Aliens in this position and Austrian citizens must prove this fact by producing the documents mentioned in the Administrative Regulations of 29 September 1926 framed for the enforcement of the Act. Aliens in employment
at the moment of publication of the Act come under its scope if and when
they change their employment.
Administrative Regulations of 18 March 1926 exempt the following
groups of workers from the provisions of the Act : (1) Persons employed
in the international services of transport undertakings; (2) Seasonal agricultural workers employed on the basis of an international agreement,
farm servants and apprentices on probation in agriculture, except in the
Province of Burgenland ; (3) Several classes of persons coming under the
Act of 13 July 1922 respecting theatrical engagements, i.e. theatrical managers, dramatic critics (Dramaturgen), solo actors and singers, conductors
of orchestras. No exception is made, however, for citizens of States which
treat Austrian subjects less favourably in such matters.
BOLIVIA.—Certain measures governing the introduction of aliene
for employment in Bolivia also extend to the engagement of aliens in ths
country itself. These measures are described in § 2 of the present chapter
("Recruiting").
190
EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS
BULGARIA.—According to the Act of 5 May 1925 (section 27) aliens
arriving in the country and settling there must obtain a labour permit
from the Ministry of Commerce, Industry and Labour, in order to have
the right to exercise a trade. Employers who desire to introduce skilled
alien labour into the country must first of all obtain authorisation to do
so from the Ministry. The Ministry defines the duration of the alien's
stay in Bulgaria; residence permits are issued as a result of applications,
which must be made through the medium of the principal factory inspector
and accompanied by : (I) documents showing the nationality and trade
of the applicant; (2) a certificate issued by the Chamber of Commerce
or by the local Chamber of Crafts or by the trade union concerned, to the
effect that the class of worker required does not exist in Bulgaria, or that
there is a shortage of such workers in the country.
According to the terms of Order 6669 of 1926 and Circular No. 424 of
the Ministry of Commerce, Industry and Labour, employers who infringe section 27 of the said Act by engaging alien workers without prior authorisation shall be liable to afine. When unemployment becomes acute unskilled
alien workers must be dismissed before Bulgarian workers of the same
category.
The above-mentioned measures respecting the employment of aliens
do not apply to Czechoslovak, Hungarian and Rumanian workers, in
virtue of the equality of treatment with national workers granted them
as a result of reciprocity treaties.
CHILE.—The Act of 31 December 1924 respecting employment in
private concerns which was amended on several occasions and promulgated
in definite form on I I November 1925 stipulates that in undertakings
employing more than five workers at least 75 per cent, of the staff must
be of Chilian nationality. In estimating this figure no account is to be taken
of technical staff which cannot be supplied by the national labour market.
The meaning of the term"technieal staff" may, where necessary, be defined
by a Court of Conciliation and Arbitration at the request of the General
Directorate of Labour.
For the purpose of the Act aliens married to Chilian women and those
who have resided for at least ten years in the country are considered as
Chilian citizens. The term "employee" is taken to mean all persons irrespective oí age or sex who perform work in which the intellectual effort
predominates over the physical effort and who are employed in virtue of
an individual or collective contract of service. The Act does not apply
to salaried employees in agriculture or to wage-earners in industry and
commerce who are covered by Act No. 4054 respecting sickness and invalidity
insurance(i.e, workers whose annual earnings do not exceedö^OOChilianpesos 1
in a provincial capital, or 3,000 pesos elsewhere).
CUBA.—According to section 5 of the Act of 3 August 1917 and Decree
No. 2303 of 18 November 1925, male immigrants are ineligible for employment not only in commercial and industrial establishments dealing in women's
articles where in general no men are employed except in a managerial capacity or in connection with the handling of heavy goods, but also in those
establishments in which according to Cuban law 50 per cent, of the staff
must be women, that is to say, commercial concerns dealing in sports
articles, haberdashery, perfumery, pharmaceutical products and drugs,
flowers, confectionery, toys, fancy goods, books, paper and office equipment, theatres and cinemas, undertakings employing telephone operators,
stenographers and women packing light goods, when such undertakings
employ more than two employees.
Female immigrants are, however, allowed to work in the trades and
1
One Chilian peso = approximately 6d.
EMPLOYMENT OF ALIEN WORKERS
191
ndustries reserved by Cuban law for women. New arrivals who wish to
take advantage of this right must show by means of a certificate signed
by a Cuban diplomatic or consular agent accredited to the immigrant's
home country that she is a person of good character and has never run
foul of the law. On production of such certificate a document is delivered
to the person concerned by the Ministry of Agriculture, Commerce and
Labour; this document is essential for industrial and commercial employers
who desire to employ a female immigrant.
CZECHOSLOVAKIA.—An Order issued by the Ministry of the Interior
on 11 February 1926, extending a previous Order dated 25 October 1923.
regulates the employment of alien workers. All such persons must obtain
a labour permit before taking up employment. This permit is issued by
way of exception by the Ministry of Social Welfare and Labour in agreement
with the employment exchange authorities. I t is valid only for a specified
place and time. The passport of a new arrival which has been visaed by
a Czechoslovak consul must mention the fact that the holder possesses
a labour permit. Subjects of a State with which a mutual arrangement
has abolished visa formalities must also obtain a permit before accepting
employment. The permit must be renewed on expiry and a change of
occupation necessitates a fresh permit. In order to ensure the strict enforcement of the Decree the communal authorities are requested by the Ministry
to report all aliens working in their districts who do not appear to have
a permit. (Communication to the International Labour Office, 1926 1 .)
DENMARK.—According to Act No. 80 of 31 March 1926 respecting the
control of aliens, no alien may take up work in Denmark or occupy any
post or situation whatever without first obtaining a labour permit.
The Act of 1 April 1912, amended on 8 May 1917 and on 6 May 1921,
deals more particularly with the employment of alien labour. According
to this Act, the employer must report to the authorities all alien workers
engaged by him within four days after their arrival and conclude within
the same period a written contract, of which the terms are analysed in
§ 3 of the present chapter.
DANZIG (FREE CITY OF).—A Police Order of 10 January 1927
respectingthe engagement of seasonal workers requires agricultural employers
who desire to employ alien workers to obtain authorisation to do so from
the Senate. Applications must be submitted not later than 5 December in
each year for the following season and must mention the name of the
employer, his address, the number of workers required (men, women and
children), when and for how long they are needed, what work will be allotted
them, the extent of the land, the area planted during the current year or
to be planted during the coming season, the number of Danzig and alien
workers employed on 1 October of the current year in the undertakings
concerned (men, women and children) and the reasons justifying the appli-
1
A recent Act dated 13 March 1928 requests employers to insist on t h e production of a
permit before engaging an alien who has n o t been in continuous residence in t h e country
since 1 F e b . 1923. A permit is only granted if t h e s t a t e of t h e labour m a r k e t w a r r a n t s
it, if i m p o r t a n t economic requirements justify it and if its issue is for a t r a d e or occupation
for which no national labour is available or if personal or family reasons make it desirable.
A permit c a n n o t extend beyond one year and m u s t bear t h e employer's and worker's names ;
it m u s t also show t h e n a t u r e of t h e trade. The provisions of t h e said Act m a y not, however,
affect t h e provisions of international Conventions in force, while t h e Ministry of Social
Welfare, in conjunction with t h e other ministries concerned, m a y suspend t h e Act in toto
or in parte according to t h e requirements of t h e economic situation a n d after consultation
with t h e workers' a n d employers' organisations.
192
EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS
cation. The communal officials are responsible for seeing that alien seasonal
workers leave the territory of Danzig not later than 5 December.
A Special Committee assists the Senate in examining applications. An
authorisation can only be granted from 1 April to 15 November and if
the employer has agreed beforehand to employ, according to his requirements and at the usual wage rates, the unemployed agricultural workers
of both sexes domiciled in the commune and neighbouring communes who
are chosen for him by the District Labour Office.
Employers who engage alien workers without due authorisation or who
retain them in their service longer than the stipulated period or who refuse
to employ the local unemployed are liable in all cases to a fine or to imprisonment if the fine cannot be collected. Further, all future applications made
by such persons for permission to employ alien workers are rejected.
ESTONIA.—Act No. 48 of 17 May 1927 respecting labour permits for alien
workers stipulates that all alien workers arriving in Estonia after the
promulgation of the Act may be employed only by permission of the
Ministry of the Interior, unless a treaty concluded with their country of
origin states otherwise.
Applications for a labour perm it must be made in writing by the worker
or by his employer. Permits are granted for a period of one year but are
liable to be cancelled before expiry.
The Ministry of the Interior is the competent authority for all questions
connected with the issue, prolongation and cancellation of labour permits
FINLAND.—No alien worker may be employed without authorisation
from the Ministry of Social Affairs. As a rule the employers' and workers'
organisations are consulted before the Minister takes a decision on such
matters.
An alien who during a stay in Finland desires to enter a trade or occupation covered by the Act on contracts of employment or the Act on apprenticeship agreements (cf. Chapter I I I , § 1 , (g)) must obtain a labour permit,
which is granted only by consent of the Ministry of Social Affairs. No
permit is, however, required by aliens who were resident in Finland on or
before 1 December 1926, the date when the Decree introducing labour
permits became operative.
The labour permit required by alien workers desiring to enter certain
trades and occupations is only valid for the trade for which it is issued
and for a specified period, which may not exceed one year. Alien workers
who desire to change their place of employment must obtain a fresh
permit.
Labour permits containing no limitations as regards time and the class
of employment and which are valid until cancelled may, however, be granted
to workers who have been employed for at least three years in work of a
stable character, to women of Finnish origin who have lost their Finnish
nationality as the result of marriage with a foreigner and to persons who
entered Finland before their fifteenth birthday accompanied by their parents
and who have dwelt in Finland without a break since that time.
Any labour permit may be cancelled by the competent authorities if
such action is deemed necessary and no appeal may be made against such
a decision.
An alien who takes up employment without first obtaining a permit
or who does not comply with the provisions of the Order respecting the
stay of foreigners in the country is liable to a fine, imprisonment and even
deportation.
All persons engaging aliens must notify the police immediately if they
reside in a town or borough and within three days if they live in a village.
(Order No. 292 of 23 November 1926 (sections 20-25) and communication
of the Ministry of Social Affairs to the International Labour Office, 9 April
1927.)
EMPLOYMENT OF ALIEN WORKERS
193
FRANCE.—With a view to protecting the national labour market,
the Act of 11 August 1926 1 , amending section 64 of the Labour Code (Book I I ,
Chapter 1), prohibits all persons from employing an alien who does not
possess a labour permit bearing the word "worker", and from employing
in any other capacity an alien worker whose identity card was granted
with a view to employment in a specified trade, unless one year has elapsed
since the issue of such card or unless the worker concerned is in possession
of a certificate issued by a public employment office and authorising him
to change his employment. In issuing all such certificates labour offices
must take into account the actual state of the labour market and the trade
in question, and the qualifications of the worker concerned.
Employers are also forbidden to engage either directly or through an intermediary any alien worker employed in France before the expiry of his
original contract of service, unless the worker in question possesses a certificate from his previous employer to the effect that the original contract
of engagement has been cancelled with the employer's agreement or by a
legal decision, or unless the worker has a card of introduction issued by
a public employment office, after the necessary enquiries have been made
with his previous employer, whose rights on the worker and the new employer
are reserved.
I n order to facilitate the supervision of these provisions, employers of alien
labour are required within the twenty-four hours following the engagement
to inscribe all such workers in a special register kept in accordance with the
conditions laid down by the Decree of 20 January 1927 and which must
be produced for examination at the request of the competent officials.
According to a Circular issued by the Ministry of Labour on 5 February
1927 the above-mentioned provisions apply to all persons employing an
alien, whether they be industrial, commercial or agricultural employers
OT private individuals employing an alien for their personal service, e.g. as
a domestic servant. The provisions apply to all persons of foreign nationality, whatever be their nationality. They do not, therefore, apply to
French colonial subjects, although they extend to naturalised natives of
the French protectorates.
The term "alien worker" is taken to mean any wage earner whether
he be worker, employee, engineer, chief of service, musical artiste, etc.,
who has concluded a contract of service with an employer. As workers
must be entered in a special register within twenty-four hours after their
engagement, alien workers employed by the hour for a specified period
of less than twenty-four hours are not affected by the foregoing provisions.
Certain exceptions are made for workers in the frontier zones who are
domiciled in a neighbouring State (cf. Chapter XII).
Employers infringing these prescriptions are liable to a fine.
Attention must also be drawn to the fact t h a t the Decrees of 10 August
1899 respecting the award of contracts concluded in the name of the State,
a department or a commune, limits the number of alien workers who may
be engaged to the maximum defined in the specifications drawn up by
the works or supplies contractor concerned (section 1, subsection 2).
Similarly, shipbuilders have the right to a bonus only if their yards and
shops do not include more t h a n 10 per cent, of alien labour. (Act of 19 April
1906 respecting the mercantile marine.)
GERMANY.—In virtue of section 67, subsection 2, of the Act of 16 July
1927 respecting employment exchanges and unemployment insurance,
all matters connected with the recruiting and placing in employment of
alien workers are regulated by the Federal Ministry of Labour, after consultation with the new Federal Institute for Employment Exchanges and
1
The Act of 11 Aug. 1926 applies to Algeria and Alsace-Lorraine; its provisions were
subsequently extended to Martinique by.a Decree issued on 28 Dec. 1927.
13
194
EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS
Unemployment Insurance (Reichs anstatt für Arbeitsvermittlung und Arbeitslosenversicherung), and with the consent of the Federal Council. According
to the former Act on employment exchanges of 22 July 1922 (section 26),
it was the president of the Federal Labour Administration (Reichsarbeitsverwaltung), nowadays the Federal Institute for Employment Exchanges
and Unemployment Insurance, who regulated such matters, in agreement
with the supreme authorities in the various German States.
The system adopted at that time—which embodied the prescriptions
laid down for agricultural workers by the Order of 19 October 1922, as
amended by the Order of 2 January 1923, and the prescriptions for alien
workers in general contained in the Order of 2 January 1923, as amended
on 10 March 1925 (cf. codified text of 2 January 1926)—had, in order to
remain operative, to be sanctioned by the Federal Ministry of Labour,
which was then made responsible for all such matters. Two Orders, dated
20 September 1927, prolonged this system, merely introducing the administrative changes resulting from the reorganisation decreed by the Act
of 16 July 1927 respecting employment exchanges and unemployment
insurance.
These regulations establish the general principle that alien workers
may be employed only in posts which have been definitely approved for
the employment of alien workers.
Any person who desires to engage alien workers must obtain a permit
from the Labour Office (Arbeitsamt) in the district in which the work
is to be performed. Applications are examined by an enquiry committee
appointed by the executive committee of the local Labour Office, and include
the president of the Labour Office and assessors and substitutes chosen from
among its staff, who are assisted by three employers and three workers
acting as assessors. If there is a trade committee for the trade in question,
the preliminary investigation Is conducted by a committee of enquiry
appointed similarly by the said tirade committee. The result of the enquiry
must be noted on the application ; if the report is adopted unanimously,
this fact must be specially stated. The president of the Labour Office
of the State concerned then takes the necessary decision, or he may
empower the presidents of certain Labour Offices or of all the offices, to give
a decision in his name.
A special procedure is employed when agricultural work is concerned.
Whereas applications to employ aliens in industry may be submitted a t
any time during the year, applications respecting agricultural labour must
be Sent in before the end of October in each year. These applications are
examined as formerly by the local Labour Office and transmitted to the
Labour Office of the State concerned. The latter can only sanction applications within the limits of the quota number of admissible aliens fixed
for it by the Federal Ministry of Labour (cf. Chapter I I I , § 1, (a),
"Numerical Restriction").
A permit to employ alien workers may be issued for a period not exceeding twelve months. I n the case of agricultural employment the permit
must expire not later than 15 December in each year. If an employer
wishes to continue to employ alien labour, he must obtain a new permit.
As a rule, a permit is granted for a specified number of persons, no mention
being made of the sex and nationality of the alien workers to be employed.
The employer m a y change the workers in his employment without further
authorisation, provided he does not employ a number of workers in excess
of the number which he is entitled to employ by his permit.
An alien
worker who has been dismissed is free to accept work in any other undertaking entitled to employ alien labour.
Certain documents are required from aliens who wish to be employed
in a German undertaking (ct. Chapter I I I , § 2). Those who have just arrived
in the country must be in possession of a duly countersigned passport
and a safe conduct (Reiseausweis) issued by the German Central Office
for Workers (Deutsche Arbeiterzentrale).
All alien agricultural workers
EMPLOYMENT OF ALIEN WORKERS
195
entering Germany have this safe conduct, as their introduction into the
country is a monopoly of the Office (cf. Chapter 6, § 2, "Recruiting").
Passports and safe conducts are valid only for the first engagement after
entry into the country, and their holders must register x within one month
with the Central Office, except in those States which have not adopted
the system of registration with the Office; workers already established
in the country cannot obtain work without a registration card.
Further, in order to avoid breaches of contract, it is laid down by the
Order of 2 January 1923 (section 4, subsection 2) that alien iworkers seeking
a new post may not be engaged by an undertaking unless they possess,
in addition to their registration card, a certificate stating that there is no
objection to their engagement in another post; if an employer refuses,
without sufficient reason, to give such a certificate, the worker may obtain
it from the competent Labour Office.
I t is to be noted t h a t according to the Order of 2 January 1923 (section 10), alien agricultural workers may be employed only on the basis of
the model contract drawn up by the Agricultural Committee of the Federal
Institute for Employment Exchanges and Unemployment Insurance, and
that such workers may not transfer to industrial undertakings except by
special permission of the Labour Office of the State concerned (section 9).
G R E A T BRITAIN.—The Aliens Order, 1920 (section 1, (3), (b)), states
that no alien who is desirous of entering the service of an employer in the
United Kingdom, may land unless he can produce a permit in writing for
his engagement, issued to the employer by the Minister of Labour.
According to the report of the Ministry of Labour for the year 1925,
the issue of permits under the Order is governed by two main considerations
strictly concerned with the state of employment and the general level of
labour conditions in the country. The Minister must be satisfied that
every possible effort has been made by the employer to find suitable
labour within the country, and the wages to be paid to the aliens must
not be less than those usually received by British employees for similar
work. These conditions are applied equally to foreigners of all nationalities, and the administration of this part of the Order is directed almost
entirely to the object of securing that aliens are not admitted to the country
to take work which would be equally well done by British or foreign persons
already domiciled in the United Kingdom.
GREECE.—According to the Order of 23 June 1927, aliens may not,
as a rule, take up employment in Greece unless they have first obtained
a special permit from the Ministry of the Interior, or the local authorities
designated for the purpose. A permit is granted only if the special legislative provisions in force in no way oppose its issue, and if reciprocal treatment
is afforded to Greek subjects by the applicant's country of origin. The
formalities which a Greek citizen is required to fulfil in any other country
in order to obtain work, may be applied to citizens of that country, who
desire to work in Greece. Reciprocal conditions are not demanded when
it is a question of special trades, or when the State has assumed obligations
as the result of an agreement.
The above provisions apply likewise to foreigners who have settled in
Greece since the promulgation of the Order of 10 March 1926, which is
embodied in the above-mentioned Order. The Ministry of the Interior
is also entitled to extend these provisions to cover immigrants who have
entered Greece since September 1922, and even to those who arrived before
that date, if their country of origin prevents Greek subjects from exercising the same trade.
1
For further information concerning t h e registration of alien workers in Germany,
cf. Chapter X I , § 5.
196
EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS
According to the terms of a Circular addressed by the Ministry of the
Interior to the police authorities, aliens (with the exception of certain classes
already established in the country and exempted) may no longer be granted
permits to carry on any of some fifty odd trades including industrial
callings (weaving, tin-working, cabinet-making, printing, etc.), crafts
(watch-making, hairdressing, knife-grinding, etc.), itinerant trades (shoeblacks, hawkers, etc.) and agricultural trades. (Communication to the
International Labour Office, 4 March 1928.)
GUATEMALA.—The Decree No. 1367 of 25 April 1925 stipulates that
a n y person or society running an industrial, commercial or agricultural
undertaking in the country must employ Guatemalan nationals in the
proportion of not less t h a n 75 per cent. The only exceptions made to this
rule are those occupations in which a diploma is required and which are
not yet organised in Guatemala. In all other cases, employers must give
preference to Guatemalan workers.
HUNGARY.—Decree No. 204000 of 15 J u n e 1925 states that aliens
may not be employed in Hungary unless they are in possession of a special
labour permit, the issue of which must be sanctioned by three departments,
namely, the Employment Office, the Ministry of Commerce, and the Ministry
of the Interior.
A special office attached to the Ministry of Agriculture deals with the
issue of permits to agricultural workers on behalf of the General Employment Office. (Communication of the Hungarian Government to the International Labour Office, 1927.)
An alien who has been authorised to work for a certain employer for a
specified period may not be employed by another employer without permission from the competent Ministry. (Decree No. 204000 of 15 June
1925.)
A residence permit may not be issued (or renewed) to alien workers who
are competing with national workers in any branch of employment in which
unemployment is rife, or to persons harmful to the economic interests of
the country. (Decree No. 203000 of 9 J u n e 1925.)
ICELAND.—According to section 2 of the Act of 31 May 1927 respecting the right of aliens to work in Iceland, undertakings of all kinds are
forbidden to employ alien workers otherwise than in exchange for board
and lodgings.
The following classes of persons are exempted from this ruling :
(1) Specially skilled alien workmen and technicians, when it is impossible to find natives of Iceland with the required qualifications,
and provided that the employer immediately notifies the Ministry
of Economy of their engagement;
(2) Relatives of the employer;
(3) Agricultural workers for a maximum period of two months;
(4) Seamen for employment on vessels registered in Iceland ;
(5) Aliens in the personal service of diplomatic agents ofother countries.
Where circumstances justify such action, the Ministry may grant special
permits, as for example, when it is impossible to recruit a sufficient number
of national workers; in such cases account must be taken of the public
interests when fixing the conditions of hygiene, maintenance, wages, etc.,
under which the permit is granted.
IRISH FREE STATE.—The Aliens' Order, 1925, provides t h a t no alien
who is desirous of entering the service of an employer in the Irish Free
State may land unless he can produce a permit in writing for his engagement
issued to the employer by the Minister for Industry and Commerce.
EMPLOYMENT OF ALIEN WORKERS
19T
. ITALY.—The Act on public safety, promulgated by a Decree dated
6 November 1926, stipulates that all persons and societies engaging an
alien in any capacity whatever are required to notify the police within five
days of such engagement, mentioning the nature of the employment.
All employers are further required to inform the authorities, within twentyfour hours, when an alien leaves their employment, stating where he has
gone (section 146). The employer's declaration does not dispense the
alien from declaring his domicile (section 147).
Section 125 of the same Act states that the itinerant trades enumerated
in section 122 may not be exercised by aliens without special authorisation
from the local police authorities.
J A P A N : Korea.—No alien manual labourer, with the exception of
domestic servants, whose right to reside in the country has not been established by treaty, may reside outside the former concession, nor engage
in manual labour without a special permit issued by the local governor.
Persons breaking these regulations are liable to a fine.
The local governor may cancel a permit if he deems such action necessary
in the public interests. (Order of the Resident-General of Korea, No. 52
of 29 August 1910, and Order No. 17 of 1 October 1910.)
LUXEMBURG.—As a general rule, employers in Luxemburg must
obtain a permit from the Director-General of Commerce, Industry and
Labour, in order to be entitled to employ alien labour. Applications for
permits are granted only on the production of a certificate issued by an
official employment office to the effect that the employment in question
has been inscribed on the official employment lists and that no national
workers have been found suitable for it.
This provision is applicable to all workers irrespective of their wages,.
and to all salaried employees whose salary does not exceed 2,000 francs
per month. A permit is likewise necessary in respect of musicians of foreign
nationality, whatever be the conditions of their engagement. Exceptions
are made only for agricultural workers and domestic servants, and for
Belgian workers, who are treated on the same footing as national workers.
A fine of 200 to 3,000 francs may be imposed on employers who engage
workers in violation of these regulations. (Orders of 21 August 1923 and
21 August 1926.)
A labour permit issued by the Director-General of Agriculture, Industry
and Social Welfare is necessary not only for all alien workers arriving iñ
the Grand Duchy, but also for all alien workers who wish to work for a
new employer. (Order of 21 August 1923, section 2.)
MEXICO.—The administrative regulations of 6 March 1926 framed
for the enforcement of the Act of 25 December 1925 respecting the petroleum
industry, stipulate that the holders of petroleum concessions must employ
at least 90 per cent, of Mexican labour in their undertakings. The Ministry of
Industry may, however, grant temporary exemptions to this rule when
he considers there are good reasons for such action. Similar provisions
embodied in the administrative regulations of 31 J u l y 1-926 apply to the
mining industries.
NORWAY.—Section 2 of the Act of 22 April 1927 provides that no
alien entering the country without previously obtaining a labour permit
may exercise a trade unless he receives special permission to do so.
The Act further states t h a t regulations will be issued to define the position of aliens already in the country on the date of the promulgation of the
Act, and to oblige all employers engaging aliens to inform the police in writing
before the alien takes up his duties.
According to section 7 of the Act, a labour permit sanctioning the employment of an alien is valid only for the trade specified thereon. When n o
198
EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS
definite trade is mentioned in the permit, the holder is required to notify
the police before changing his employment.
PANAMA.—In virtue of section 1 of Act 6a of 1926, as amended by
Act No. 15 of 1927, commercial undertakings of all kinds, whether national
or alien, are, if they are established on the territory of Panama, obliged
to include on their staff Panama nationals to the extent of at least 30 per
cent. Two years after the promulgation of the Act, the proportion of
national workers must be 50 per cent, and after five years 75 per cent.
Agricultural and industrial undertakings may obtain exemption from the
above regulations, if they can prove that it is impossible for them to obtain
the number of national workers required for their work. The Ministry
of Agriculture and Public Works is empowered to examine the applications
for exemption and to approve them on behalf of the Executive Power.
I n default of the necessary permit, the undertaking in question is liable
to a fine which varies with the gravity of the offence. (Act of 27 January 1927,
section 2.)
Chinese nationals who have immigrated as agricultural labourers or as
salaried employees in Chinese commercial houses, and who desire to change
their trade or to set up in business for themselves in another trade or occupation, must demand the necessary permission, otherwise they are considered
as illegal immigrants and deported from the country. (Decree No. 63,
18 September 1923.)
The special regulations governi rig the recruiting of natives of the Antilles
are described in Chapter III, § 1, (d).
POLAND.—The Legislative Decree of 4 J u n e 1927 respecting the protection of the national labour market (sections 1, 2, 4, 5 and 8) empowers
the Polish Cabinet, a t the request of the Minister of Labour and after having
examined the unemployment statistics, to order that the employment of
aliens shall be made conditional on the issue of a permit by the competent
authorities. This restriction, which covers intellectual workers as well
as manual labour, may, when necessary, be limited to certain trades or,
certain districts, or it may extend, to the whole country.
A permit will be issued only if the competent authorities consider that
the state of the national labour market justifies it, or if national economic
interests require the employment of aliens, or in the case of specially responsible work. Except in exceptional circumstances, the permit may not
be granted for longer than one year, but it may in all cases be renewed.
Applications for permits must be addressed to the local administrative
authorities (to the Government Commissioner in the district of Warsaw).
The application need not mention the worker's name, but must indicate
the district and the work-place asi well as the nature ot the work to be performed. When an application is refused, the applicant may appeal to the
Minister of Labour, who decides the matter in agreement with the Minister
of the Interior.
The provisions of the Decree do not apply to employees whom persons
enjoying the right of ex-territoriality may engage in connection with their
functions or for their personal service; to commercial travellers employed
by alien undertakings; to employers who engage aliens who have been
in uninterrupted residence in Poland since 1 January 1921 ; to the employment of scholars and famous artistes; to State undertakings and enterprises : to semi-official undertakings (shipping, railways, air services, etc.).
For information concerning the registration of alien workers, cf. Chapter X I ,
5.
RUMANIA.—The Migration Act of 11 April 1925 empowers the Minister
of Labour to decide regarding the admission of alien workers into the
country (sections 15 and 40). The collective immigration of groups of
skilled workers requires the previous approval of the ministerial depart-
EMPLOYMENT OF ALIEN WORKERS
199
ments concerned (section 42). A description has already been given
in Chapter III (§ 1, (g)), of the regulations restricting the admission of
aliens for certain encumbered trades.
SALVADOR.—The Decree of 24 May 1926 requires national and alien
undertakings and companies of an agricultural, industrial or commercial
character, established in the country, to employ national workers on their
staff to the extent of at least 80 per cent., this figure not to include the
daily workers who are employed in large numbers during the harvest.
A breach of these regulations entails a fine which may amount to 10 per
cent, of the profits realised by the undertaking concerned and which is
paid to the charitable institutions of the district in which the undertaking
is situated.
SERB-CROAT-SLOVENE KINGDOM.—In accordance with the
Act of 28 February 1922 respecting
the protection of workers, no employer
may import alien workers l from abroad unless he holds a permit from the
Ministry of Social Affairs. Such permits are issued only on the basis of
a recommendation from the local employment exchange concerned and the
competent Chambers of Labour. Subsequent to the Act a number of
administrative regulations have been issued, of which the latest, dated
24 November 1925, states that every employer desiring to engage alien
workers must apply to the nearest factory inspectorate stating the number
of workers he wishes to employ, the nature of the work, the duration of the
employment proposed, the names of the persons who previously performed
the work, and, if possible, the names, age and nationality of the workers
he wishes to engage. The application is then transmitted to the Chamber
of Labour, the employers' associations, and the public employment offices,
in order to ascertain whether there are in the country itself any unemployed
workers capable of performing the work in question. The result of this
enquiry must be announced in ten days. In the case of a negative decision,
the Chamber of Labour consulted must inform the applicant of the place
where he may obtain the labour required. When it is found that the demand
for alien labour is well founded, the competent labour inspectorate approves
the application. I t then issues a permit for a period not exceeding one
year. It may not, however, issue a permit if a strike of lock-out is in progress in the undertaking concerned, and such permit is only valid for such
skilled workers as cannot be found in the country. The renewal of the
permit must be requested at least one month prior to its expiry.
The engagement of an alien worker in contradiction to these regulations
renders the employer liable to a heavy fine, and in the case of a repeated
offence to imprisonment.
A labour permit is not required for alien workers introduced at the expense
of an alien undertaking as fitters or repairers of machines manufactured
by the undertaking in question, if their stay in the country does not exceed
three months. Alien workers settled and employed in the country prior
to 14 June 1922 likewise require no labour permit, although they must
have a certificate proving this fact. They lose this right to preferential
treatment, however, if they leave the country for more than one month,
unless their absence has been registered with the competent factory inspectorate by the undertaking employing them.
The Act further states that the regulations respecting alien workers
are not applicable in cases where they are contradictory to the provisions
of an international agreement ratified by the Serb-Croat-Slovene Government. In virtue of this clause, instructions issued for the enforcement of
the Regulations of 24 November 1925 define the position of certain classes
^ f Italian workers as follows : Italian workers employed in the Kingdom
1
Cf. Chapter II for the definition of this term.
200
EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS
between 1 J u n e 1022 and 1 January 1925 do not require a labour permit
and are treated on the same footing as national workers, even if they have
been obliged to leave the Kingdom previously by a decision of the Ministry
of Social Affairs, but this preferential treatment will no longer be accorded
to workers who subsequently leave the Kingdom and who desire to return
there. Again, Serb-Croat-Slovene employers employing skilled Italian
workers who arrived in the Kingdom between 1 J a n u a r y 1920 and 1 January
1925 may replace such workers by other workers of the |same nationality
and trade by simply notifying the factory inspectorate of the change made.
According to the same instructions, Russian and Bulgarian refugees in
the Kingdom are exempt from all restrictions on their right to work.
Temporary, and even permanent, labour permits may be issued, when
economic conditions justify their issue, to political refugees and alien deserf
ters, who are shown as the result of an enquiry to bear a good character.
The Regulations of 24 November 1925 add that alien workers may not
be employed on other work than t h a t for which they were engaged. When
a worker leaves his regular work, the employer is required to notify the
factory inspectorate of the fact.
SWEDEN.—According to the Act of 2 August 1927 respecting the
residence of aliens in the'countiy, no alien may take up employment in
Sweden without a permit from the Ministry of Social Affairs, unless his
passport is countersigned to that effect. Exception is made for persons
engaged by the State and commercial travellers representing foreign business
houses.
Except in urgent cases, the Ministry of Social Affairs asks the opinion
of the public employment office in the place where the alien is to work
before granting a permit. Similarly, the employers' associations and
trade unions concerned must be consulted. The permit, which may be
cancelled at any time, is granted for a definite period and a specified trade,
and must mention the identity papers in possession of the person concerned.
Applications for renewal are subject to the same procedure. No appeal
may be made against the decisions of the Ministry of Social Affairs in
respect of labour permits (sections 13-18).
SWITZERLAND.—Cf. Chapter III, § 1, (g), "Conditions relating to
Trade of Profession".
UNITED STATES.—Several of the States restrict the employment
of aliens on public woiks. The States of Washington and Oregon prohibit
the employment of aliens on such work ; the State of Arizona has adopted
similar regulations, with the exception, however, of aliens who have applied
for naturalisation papers; the State of Nevada authorises the employment
of alien workmen only for road building, provided always t h a t the requisite
national labour cannot be obtained; New York and Massachusetts give
preference in employment on public works to United States citizens,
but provide that aliens may be employed in default of sufficient national
labour. In Ohio no one but a United States citizen can contract for construction of public works, while Massachusetts gives preference to United States
citizens in the awarding of contracts for public works. (Arizona: Laws,
1925, c. 77, p. 304, section 4. Massachusetts: Laws, 1919, c. 253, p . 189,
and Laws, 1922, c. 517, p. 629 (Contractors). Nevada: Laws, 1921, c. 129,
p. 205. New York: Laws, 1921, c. 50, p. 172, section 222. Ohio: Laws,
1921, p. 169. Oregon: Laws, 1920 (Special), c. 13, p. 42.
Washington:
Laws,. 1919, c. I l l , p. 272.)
URUGUAY.—The Decree of 5 March 1926 sets u p a system for the
supervision of those industries which are required by law to include at
least 60 per cent, of national laboui' on their staff. Employers must inscribe
the nationality of their workers in their business registers, after having
RECRUITING
'
201
taken the necessary steps to ascertain it. The factory inspectors are required
to provide the Labour Office with a quarterly report on the number of
alien workers employed in these industries; this report is subsequently
transmitted to the Immigrants' Hostel in order to facilitate the work of
placing immigrants in employment.
§ 2.—Recruiting
Many of the immigration countries have chosen recruiting
as a method of regulating immigration, which allows them more
easily t o control the immigration currents, t o proportion these
currents quantitatively and t o adapt t h e m qualitatively to
the actual requirements of labour, to regulate the supply of immigrants, and to hasten their departure when necessary. A further
benefit of this system is t h a t the countries adopting it are met
half-way by the corresponding measures taken by the emigration
countries, which have already been described in Volume I,
Chapter VI.
Recruiting may be carried out b y t h e Government itself
for t h e furtherance of public works which it has undertaken,
t o increase the population of the country or to facilitate and develop land settlement, or again, the State may organise recruiting
t o meet the requirements of private business concerns established
in t h e country. I n t h a t case either t h e consuls or special
officials are the agents. I n many cases foreign recruiting is
organised b y t h e parties directly interested, namely, industrial
or agricultural undertakings, land settlement societies and,
very frequently, employers' trade associations. Finally, recruiting may be arranged through the medium of professional
recruiting agents.
Whatever be t h e ultimate aim of recruiting, the Government
official, the professional recruiting agent, and the representative
of t h e employers' associations cannot, as a rule, undertake
foreign recruiting unless authorised to do so by the laws of the
country of emigration, or unless they have received special
authority to do so from the Government of t h a t country. The
regulations of the immigration countries which are described
in this chapter are therefore only one of the legal instruments
authorising such work.
The immigration laws define the methods of regulating recruiting carried out on behalf of the Government, the agents charged
202
EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS
by t h e Government t o effect this work a t home and abroad,
and the conditions of engagement. They also establish the
measures taken for the supervision of engagements concluded
on behalf of private persons. I n the case of private recruiting,
a distinction is to be drawn between recruiting carried out
directly by the employer or his representative (generally after
the grant of the necessary authorisation) and recruiting which
is accomplished a t the employer's request through official or
semi-official channels. I n the latter case, it is the special
immigration departments, the labour offices, and sometimes the
public employment offices which are responsible for this work.
I n some countries, such as Germany for example, this task is
left t o joint bodies representing t h e employers and workers
interested. When recruiting is entrusted to private employment
agencies, a system of direct supervision is introduced.
I n some countries, the employer may give the names of the
workers he wishes to engage, while in others he may notify only
the quantity and quality of the labour required t o t h e competent recruiting department, which distributes the labour recruited
as it deems fit. I n many cases the grant of recruiting permits
or the despatch of applications for labour b y t h e official department in charge of recruiting only takes place after consultation with the services or technical committees responsible for
t h e supervision of the labour market.
Another object of recruiting regulations is to ensure t h a t t h e
conditions of engagement of alien workers are fair and equitable,
and t h a t they are in no wsiV detrimental t o t h e conditions of
labour affecting national workers. I t is for these reasons t h a t
the recruiting of alien workers is often forbidden during strikes
and lock-òuts. Recruiting conditions are regulated still more
strictly when they concern workers of a lower social standard,
such as coloured workers. Generally these conditions, the
regulation of which is studied in § 3 of the present chapter, are
defined b y the contract of service.
I n order to ensure t h a t recruiting agents and employers fulfil
their obligations, caution money is sometimes required from them.
Finally, it must be remembered t h a t the legislation of certain
countries forbids foreign recruiting. Immigrants arriving in these
countries with a contract of service or b y a n agreement with
an employer are refused admission (see Chapter I I I , § 1, (g)).
BECBUITING
203
BRITISH EMPIRE MANDATED TERRITORY (Under Australian
Administration): Nauru.—Chinese labourers are recruited in Hongkong for work in connection with the raising and shipping of phosphate.
They are recruited by an agent representing the British Phosphate Commission. (Report to the Council of the League of Nations on the administration
of Nauru during the year Í926.)
BRITISH MANDATED TERRITORY : Palestine.—Every employer
of labour who desires to bring a particular person into Palestine for the
purpose of employing him must make an application to the Chief Immigration Officer. (Regulations made under the Immigration Ordinance,
No. 32 of 1925, No. 7, (2), amended by Regulations of 29 November 1927.)
An employer may notify the Chief Immigration Officer that employment
can be given for not less than one year to one or more persons possessing
stated qualifications, and apply for permission to bring such persons into
Palestine for the purpose of employing them, without stating the names
of the prospective employees (No. 7, (3)).
The Palestine Zionist Executive may also notify the Chief Immigration
Officer that there is a reasonable prospect of employing a number of persons,
either named or unnamed, in Palestine and may make an application for
permission for their entry into Palestine, but every such application must
be accompanied by a guarantee to maintain the person in respect of whom
it is made for a period of not less than one year (No. 7, (4)).
Any employer who wishes to bring one or more persons into Palestine
from abroad for the purpose of temporary employment must apply for
permission to the Chief Immigration Officer. The application must state
the number of persons whom it is desired to bring into Palestine, the work
upon which they are to be employed, the locality where such work is to be
carried out, and the dates of their proposed entry into and departure from
Palestine ; and shall be accompanied by a declaration to the effect that the
applicant is prepared to enter into a bond in such amount as the Chief
Immigration Officer determines, by which he shall be bound to pay the
said sum to the Government if he fails to prove that the persons named in
the bond have left Palestine at or before the date stated therein (No. 14, (1)).
If the Chief Immigration Officer has reason to believe t h a t labour of the
quantity and quality required by the applicant is available in Palestine
he must refuse the application ; • but in the contrary event he may cause
a bond to be prepared and signed and he may then grant permits (see
Chapter III, § 3) for the temporary entry into Palestine of any or all of thé
persons named in the bond (No. 14, (2)).
The employer must report forthwith to the Chief Immigration Officer
the arrival of any party of persons in respect of whom such permits have
been issued and must furnish a nominal roll of the said persons to the Chief
Immigration Officer and to the district commandant of police or other
senior police officer within the district in which the party is to work; he
must also in due course report their departure to the same officers
(No. 14, (3)).
J A P A N E S E MANDATED TERRITORY : South Sea Islands.—
When a group of ten or more alien workers is introduced into the Islands
otherwise than by the Government, the employer must notify the Director
of the Department of Civil Affairs or the chief of the competent administrative section, stating the sex, age, trade and number of the workers
introduced, and attaching a copy of the relevant labour agreement. All
subsequent changes made in the agreement must be reported to the same
authorities. Employers are forbidden to persuade immigrants to conclude
a contract by exaggerated promises or false information. Certain restrictions are imposed on them in respect to the employment of minors and
women in a number of specified trades (see Chapter I I I , § 1, (h)). The
employer may not dismiss a worker before the expiry of his contract except.
204
EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS
with the permission of the local authorities. A worker affected by an
accident which is not due to .gross imprudence on his part or who falls
sick is entitled to medical treatment and maintenance for himself and his
family a t the employer's expense.
In order to ensure the fulfilment of the obligations undertaken, the local
administrative authorities may require employers to deposit caution money.
Employers infringing the above-mentioned regulations are liable to a fine
or imprisonment. (Order respecting immigrant workers, No. 4 of 27 December 1918, sections 2, 6, 7, 9, and 10.)
NEW ZEALAND MANDATED TERRITORY : Western Samoa.—
Chinese labour can be imported only by the Administration, and the allo r
cation of such labour is therefore entirely in the hands of the Administration. The recruiting is carried out through an agent in Hongkong.
(Fifth
Report of the Government of New Zealand on the administration of the Mandated Territory of Western Samoa for the year ended SI March 1925.)
ARGENTINA.—The Act of 1876 empowers the executive authorities
to appoint special agents in Europe and America to deal with all matters
connected with immigration. Persons intending to go to Argentina as
immigrants must obtain a certificate of good conduct and trade qualifications from these agents or, in their absence, from the consuls. These
certificates are issued free of charge.
BELGIUM.—The recruiting and placing in employment of alien workers
is generally carried out through, the medium of the official employment
exchanges or other recognised exchanges by and under the control of
the Unemployment and Employment Exchange Service of the Ministry
of Industry and Labour. Employers may, however, engage alien workers
directly provided they have the consent of the official departments
concerned, except in countries which have concluded an agreement with
Belgium to the effect that recruiting must be carried out by an official
emigration organisation.
An agreement of this sort concluded with- Italy came into force on 1 October 1923. (Official Circular of the Unemployment and Employment
Exchange Service to the Employment Exchanges, 1923, and Report of the
Brussels Official Employment Exchange, 1923.)
Congo.—The Decree of 16 March 1922 respecting native labour
contracts, which applies to natives of the neighbouring colonies,
stipulates that any person recruiting natives must possess the necessary
permit, unless he is recruiting on his own behalf and provided that he does
not engage more than ten natives at any one time. Permits are granted
free of charge to persons recruiting on their own behalf and to their agents,
a charge of 100 francs* being made in other cases. Permits are valid until
31 December of the year of issue and their grant may necessitate the deposit
of security.
For the purposes of the Decrei;, the term "recruiting natives" is taken
to mean "inducing them to leave their home in order to obtain employment
at a distance of over 25 kilometres from their place of residence". Persons
recruiting native labour must guarantee to provide the persons engaged
with work of a t least six months' duration, board, quarters and the necessary
medical treatment, and with wages equal to those paid to workers of the
same age and skill as the natives recruited. Notwithstanding any contrary
agreement, such persons are required to provide every worker recruited,
from the moment he leaves his home, with quarters, adequate food, and
the requisite medical treatment in case of illness or sickness, and to pay
him, as from the day following his arrival at his destination, a cash allowOne Éelfjian frane = approximately 2d.
RECRUITING
205
ance equal to the rate of wages at which he has promised to place the
worker in employment The recruiter is also obliged to ¡repatriate any
worker who demands to be sent home (sections 31, 32, 38, and 42). The
provisions adopted to regulate the admission of workers recruited abroad
on the basis of a contract of service are described in Chapter I I I , § 1, (g).
BOLIVIA.—Persons desiring to employ immigrants, whether such
immigrants have entered the country on their own account or whether
they have been introduced through the medium of the official immigration
agents in Europe, must apply in the first place to the Immigration Office.
They are then required to make a written application to the Ministry of
Land Settlement for permission to import alien workers,specifying the number
of persons to be introduced and the work on which they will be engaged,
and must promise to comply with the immigration laws. On receipt of a
permit the immigrants concerned are allowed to take advantage of the
privileges offered by the law, and in particular of the facilities for free
transport from the frontier to their destination by the railway and other
transport services run by the Government.
Agreements concluded with immigrants which are not in conformity
with these regulations do not entitle the immigrants to claim the said
privileges.
When collective immigration is being carried out under the orders of
provisional recruiting agents or as the result of a direct request from the
employer, an official agent of the Government must supervise the engagement of workers and see t h a t embarkation and other regulations are
observed. This agent must make sure that the terms of the contract drawn
up by the recruiting agents are clear and comprehensive, and that the latter
do not deceive the immigrants by exaggerated promises. (Act of 20 January
1927, sections 19, 24, and 25.)
BRAZIL.—The Federal Decree of 31 December 1924 (No. 16761) stipulates that no private undertaking may take steps to bring immigrants
into Brazil without having first obtained a special permit from the General
Directorate of Settlement.
Applications for a permit must be accompanied by a statement showing
the number of persons and families recruited, their nationality, the means
a t their disposal, the districts to which they are to be despatched, the employment offered them and the conditions of such employment (privileges and
reciprocal obligations), and the guarantees given by the recruiting agents.
A permit issued to a recruiting agent is withdrawn as soon as the agent
fails to fulfil his obligations.
In the various States of Brazil the regulations generally centre round
the application which has to be made prior to the introduction of immigrants.
In the State of Sao Paulo, Decree No. 2400 of 9 July 1913 states that
persons who desire to introduce or employ immigrants as settlers or in a
trade must apply to the Official Employment Office (sections 73 and 264).
Applications must be made on official forms.
Applicants may be required to deposit security equal to the whole or
a part of the cost of the passage of the immigrants engaged, in order to
ensure their giving exact information about the immigrants. The deposit
may be refunded when the exactitude of the information given to immigrants
is proved after their arrival (sections 76 and 79).
I n the State of Minas Geraes, section 4 of the Regulations of the Immigration Services of 2 September 1925 stipulates that farmers desiring labour
must apply to the Ministry of Agriculture. The signature to the application must be legally attested, and the application must give the necessary
information concerning conditions attached to the work offered, the number
of families required, and the number of workers in each family. When
sending in applications a deposit equivalent to 50 per cent, of the total cost
of the immigrant's transport must be made.
206
EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS
CANADA.—In order to promote the immigration of persons who, being
eligible for admission under the Statutes and Orders-in-Council regulating
immigration, are of such nationalities, races and modes of life as to be
assimilable into the population and citizenship of Canada, the Government
concluded an agreement with the Canadian Pacific Railway and the. Canadian National Railway on 1 September 1925 which, with amendments,
is still in force 1 . This agreement provides t h a t the two railway companies
shall use their best efforts to procure in certain countries in Europe immigrants who are agriculturists, agricultural workers, or domestic servants
and to settle them in Canada. The railway companies agree not to take
to Canada any immigrant who is not admissible under the immigration
laws, and agree further to transport to the countries from whence they
emigrated all immigrants brought by them who, refusing to engage in agriculture, agricultural labour or domestic service in Canada, become public
charges within one year of their arrival.
CUBA.—Order No. 155 of 15 May 1902 prohibits the Immigration of
persons engaged in advance to work or carry on trade in the country.
These regulations do not apply either to persons whom aliens temporarily
resident in Cuba engage as private secretaries or domestic servants, or to
skilled workers engaged abroad to work in Cuba in a new industry, when
the skilled labour required cannot be obtained otherwise. Exemption is also
granted to actors, lecturers, singers, and domestic servants (sections 3 and 5).
Furthermore, an Act of 11 July 1906 authorises the immigration of agricultural workers engaged on the basis of a contract by companies and persons
authorised by the Government to conclude such contracts (section 16).
DENMARK.—Applications for alien labour are forwarded to a special
committee, which negotiates with the Government of the worker's country
of origin, this being Poland in the majority of cases. (Communication
of the Danish Government, 1927.)
FRANCE.—-Applications for the collective recruiting abroad of workers
other than agricultural workers must be addressed by the employer to the
local employment office, which, after making the necessary enquiries,
countersigns and transmits it to the Foreign Labour Department of the
Ministry of Labour. No permit may be granted unless the competent
employment exchange declares that the situation of the labour market
justifies the introduction of the alien workers concerned. When, in consequence of such declaration, the application has been approved by the
Minister concerned, the Foreign Labour Department forwards it to the
competent body abroad for the necessary action. The Department also
advises the frontier control stations, so that they may see t h a t the
number of aliens admitted tallies with the number authorised. The alien
workers recruited are required to produce a certificate of engagement drawn
up in the required manner, when they receive a safe conduct permitting
them to proceed to their destination in the interior of the country.
As a rule conditions of collective recruiting abroad are regulated by
international agreements, of which the provisions are brought to the notice
of the employers by the Foreign Labour Department and the local employment offices. I n certain countries (Czechoslovakia, Poland, and the SerbCroat-Slovene Kingdom) recruiting is carried out by representatives of the
French Immigration Society (a society of French employers), who are
authorised to deal with such matters and work under the supervision of
the French authorities and in conjunction with the official departments
of the emigration countries.
Up to November 1926, individual applications could be dealt with
1
This agreement was renewed on 1 Oct. 1927 lor a further period of three years.
RECRUITING
207
directly by the employment offices without reference being made to the
Foreign Labour Department, except when such applications were for
nationals of certain countries (ex-enemy countries) when enquiries had to
be made by the Public Security Department. At t h a t time the visa of
the Ministry of Labour was temporarily required for all applications for
alien labour.
Applications for alien labour for agricultural work must be forwarded
by the employment offices to the Ministry of Agriculture for the necessary
action. The same system of control is adopted a t the frontier stations
as for industrial workers.
Colonies.—The fundamental regulations governing the recruiting of
workers for the French colonies were laid down by the Decrees of 13 February
and 27 March 1852. These Decrees were originally applicable to Guadeloupe,
French Guiana, Martinique, and Réunion only, but were subsequently
extended to the new colonies and cancelled for certain of the older possessions. The system established by these Decrees is known as "regulated
immigration", and was originally applied to immigrants from European
and extra-European countries with but a slight distinction between the
two classes of immigrants. The Decrees, which subsequently amended and
defined the provisions of the original enactments for the various colonies,
stated that the regulations were to apply in future only to African and
Asiatic workers. All other workers, whatever be their country of origin
and nationality, therefore come under the principles of common law which
regulate the hiring of labour in France. Native workers from other French
colonies are not subject to the immigration laws, but are recruited on the
basis of the labour legislation of their native colony.
The system of regulated immigration was abolished in Martinique by
the Order of 26 December 1884, which cancelled all previous regulations.
A number of very simple regulations respecting the protection of immigrant
workers were established by a local Order dated 17 J a n u a r y 1885. In the
other colonies the 1852 system merely underwent a process of re-adaptation.
Otherwise, there is but little difference in the methods introduced in
the different colonies for the introduction of alien labour. The system
a t present in force in the Establishments in Oceania was introduced by
Decree dated 24 February 1920 and an Order issued by the GovernorGeneral on 24 March 1924; in French Guiana by the Decree of 13 J u n e
1887; in Guadeloupe by local Orders issued on 24 September 1859,
18 February 1860, 19 February 1861, 16 J u n e 1877, 27- J a n u a r y 1880,
16 and 21 February 1881, and 28 August 1882; in Réunion by the Decree
of 27 August 1887 ; in Mayotte and Nossi-Bé by the Decree of 2 October
1885; in Madagascar by the Decree of 6 May 1903; in New Caledonia by
the Decree of 11 July 1893 respecting Oceanian labour.
Taken generally this system may be described as follows. Recruiting
may be undertaken by private individuals only by consent of the Government authorities and, in certain colonies, only in places defined by those
authorities. According to the Decrees respecting the Establishments in
Oceania and Madagascar, applications for permission to recruit workers
must be addressed to the Governor a t least three months in advance, and
must mention the name of the employer of the future immigrants and the
recruiting conditions, especially those relating to the journey and contract
of employment. All persons desiring to employ alien workers must deposit
with the municipal officer a sum of money equal to one month's salary
*for every worker engaged. This deposit is returned to the employer on the
expiry of the contract of employment provided that he carries out his various
obligations. The employer must also promise that should he be unable
to accept the immigrants imported a t his request, and if such immigrants
are unable to find work in the colony, he will pay the cost of their journey
both ways, the cost of their board and lodgings, and their wages from the
day on which they were recruited until such time as they are reinstalled
in their country of origin.
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EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS
Employers and persons introducing immigrants are wholly responsible
for the resulting expenditure.
In certain colonies (Guadeloupe, French Guiana, New Caledonia) the
cost of introducing and repatriating workers is charged to a common immigration fund which derives its income from the taxes payable by the
employers of labour, fees charged for temporary residence permits, etc.
I n other colonies, as in Réunion for example, the cost of immigration is
borne by the local treasury, which in this case disposes of the proceeds
of the various taxes and fees imposed in connection with immigration.
The Decree of 27 March 1852 states t h a t when recruiting takes place in
French colonies and other places outside Europe, a special agent must
be sent to the recruiting centres to supervise the recruiting methods and
the embarkation of immigrants. This agent must inform the workers
recruited Of the nature of the contract of employment which they have
to sign in the colony, the guarantees offered them for its observance, and
the conditions of repatriation. He is required to register the workers enrolled
and to issue embarkation cards only to workers who, when questioned
individually, declare they are fully cognisant of the conditions of their
engagement in the colony to which they are proceeding. This declaration
must be made before two witnesses, who are required to testify as to its
veracity (section 8).
The official immigration agent must keep a register in which he makes
a note of all formalities accomplished and which must contain all the information necessary for the identification of the immigrants. When appointed
to a foreign country the agent is required to conform to the methods of
enrolment and supervision adopted by the responsible recruiting agents
and to all measures taken for the protection of immigrants (section 10).
The Decrees regulating immigration in Madagascar and the Establishments in Oceania state t h a t the cost of maintaining a n immigration commissioner, who is always chosen from among the officials serving in the colony,
is payable by the employers in proportion
to the number of immigrants
engaged by each of them (section 11) x.
GERMANY.—As Germany requires a large amount of alien labour
each year in connection with agricultural work, great pains have been
taken to regulate the question of recruiting. (Cf. Order of 19 October 1922
respecting the reeiuiting and employment of alien agricultural workers,
amended by the Order of 2 January 1923, and. in consequence of the new
regulations on employment exchanges and unemployment insurance, by
the Order of 20 September 1927. The latter Order merely defines the
administrative changes required for the enforcement of the Act of 16 July
1Ö27 respecting employment exchanges and unemployment insurance,
without altering the rest of the system.)
According to section 1 of the Order of 19 October 1922, the recruiting
and placing of alien workers for agriculture and any activities undertake»
in connection with agriculture is left exclusively to the German Central
Office for Workers (Deutsche Arbeiterzentrale).
The Central Office may,
while reserving its right of supervision, authorise employers or their agents,
such as overseers, head reapers and foremen, to recruit alien workers for
agriculture or undertake operations for this purpose subject to the consent
1
An Order dated 25 Oct. 1927 regulates the introduction oí Asiatic labour in the ,
various States ol the Indo-Chinese Union. In order to recruit this class oi labour, employers
must obtain a permit from the chief official of the local government (the Governor or the
Resident-General), and the application must first be approved by the Inspector of Labour.
Subject to international conventions, contracts of employment must be concluded in the
country of origin of the workers and in the form prescribed by the laws of that country,
either by the employer himself or by his authorised agent (sections 20 and 21). Special
regulations apply to Javanese labour.
RECRUITING
209
of the German Central Office for Workers. They must be provided with
a special certificate of the German Central Office for Workers; this certificate is personal and non-transferable, and must show the number of
workers to be recruited and the place of employment for which they are to
be recruited ; the said employers and agents are required to conform to the
instructions of the Central Office (section 2, subsection 1).
Recruiting may be effected only on behalf of the undertakings which
are specially authorised to employ alien labour (cf. Chapter VI,§ l,"Employment of Alien Workers", and only on the basis of the model contract
prepared by the Trade Committee of the Federal Institute for Employment
Exchanges and Unemployment Insurance (Reichsanstalt für Arbeitsvermittlung und Arbeitslosenversicherung) (section 4 of the Order of 2 January
1923).
The consent of the Central Office is not required when an agreement is
concluded between an employer and one of his regularly recruited workers
for the next agricultural season before the departure of the worker, provided
the employer reports this agreement to the Central Office before 1 January
of the following year. The employer must, however, renew his authorisation to employ alien labour at the local labour office.
So far as alien industrial workers are concerned, no restrictions apply
to recruiting, which can be carried on either through the recruiting agencies
or by direct .agreement. The employer or agent must, however, get the
consent of the competent employment exchange authorities before bringing
the recruited workers into the country (see Chapter VI, § 1).
G R E A T B R I T A I N : Colonies.—Ceylon. By the Indian Immigrant
Labourers (Amendment) Ordinance (No. 1 of 1923), it is provided that the
Emigration Commissioner in Southern India may, at his absolute discretion,
issue licences to fit and proper persons entitling them to act as emigration
agents for the purpose of assisting Indian immigrant labourers to emigrate
to Ceylon and all such agents are responsible to, and subject to the orders
of, the Emigration Commissioner. The Commissioner may, at his absolute
discretion, withdraw such licences.
Administrative machinery for the recruiting of labourers from Southern
India was already in existence under the control of the Labour Commission
of the Ceylon Planters' Association when the Ordinance of 1923 came into
force. As the result of an agreement between the Ceylon Government
and t h a t Association this has been adapted to the new recruiting system.
The Commission, while preserving its identity, placed its organisation under
the control of the Emigration Commissioner appointed by the Ceylon Government.
The recruiters are former employees of the estate for which labour is
required (kanganies), who are licensed by the Controller of Indian Immigrant Labour, subject to approval by the agent of the Government of India.
The licence must also be endorsed by the Emigration Commissioner in
Southern India. I t authorises the kanganies to recruit twenty labourers in
one year, exclusive of non-emigrants (dependants and those who have
resided in Ceylon for not less than five yeaTs). (Ceylon Administration
Reports, 1923. Report of the Ceylon Controller of Indian Immigrant Labour
for Í923.)
British Guiana. Every employer who desires to obtain an allotment
of immigrants shall make application to the Immigration Agent-General,
specifying the number and nationality of immigrants required (section 38).
I n the allotment any department of the Public Service has preference
over a private employer (section 48). The Governor and the Court of
Policy shall decide to what extent the application shall be complied with
(section 44). The Immigration Agent-General may refuse any application
for immigrants if he has reasonable grounds for the refusal, but every
refusal and the grounds thereof shall be communicated to the Governor
and the employer (section 43). (Immigration Ordinance, No. 18 of 1891.)
14
210
EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS
Similarly, when non-Asiatic immigration is authorised by the Governor,
employers must make requisition to the Immigration Agent-General, and
the arriving immigrants shall be allotted to the various persons who have
made requisitions. (Non-Asiatic Immigration Ordinance, No. 10 of 1890,
sections 4 and 12.)
The law specifies that husbands must not be separated from their wives
or infants from their parents or natural guardians and, as far as possible,
members of the same family or the same village shall be kept together.
(Immigration Ordinance, op. cit., section SO.)
British Honduras. No one may engage a labourer outside the British
Dominions for work in the Colony except with the permission of the Governor. (Labour Ordinance, 1883, amended and consolidated by Act No. 25
of 1915 and Act No. 42 of 1923.)
Federated Malay States. By the Rules made by the Indian Immigration
Committee under section 135, (ii), (a), of the Labour Code, 1923, kangani
licences authorising a kangani to recruit labour may be obtained from the
Deputy Controller of Labour, Penang (Rule 2). Every licence must show
the amount of commission payable for each labourer recruited and the wages
payable, and must stipulate t h a t nothing shall be recoverable from any
labourer for expenses incurred on his behalf or advances made to him
previous to his arrival a t the place of employment (Rule 3). If a kangani
fails to observe these conditions, his licence is cancelled (Rule 4). The
Controller may refuse t o issue a licence t o any kangani whom he may
consider unsuitable on reasonable proof of his misconduct (Rule 5).
(Notification No. 398, 25 January 1924.)
An Emigration Commissioner is appointed in India to supervise the
recruiting operations and the departure of the migrants. (Annual Reports
on the Working of the Labour Department.)
Mauritius.
I t is provided in the Labour Ordinance, 1922 (No. 12 of 1922),
amended by Ordinance No. 32 of 1922, that any person wishing to employ
immigrants from India must forward to the Protector of Immigrants
a requisition in the form prescribed. Each requisitionist must satisfy the
Protector as to hjs status. The Protector may, subject to the control
of the Governor, refuse to forward a request if he has reasonable grounds
for such refusal. All recruiters of
labour must be licensed by the Emigration Agent of Mauritius in India 1 .
Moreover, any person desirous of introducing immigrants from places
other than British India must obtain a licence from the Governor or, if
in a place outside the colony of Mauritius, from any British consul, agent
or emigration agent.
Trinidad and Tobago. Every employer who desires immigrant labour
must make application in writing to the Protector of Immigrants. Any
planter wishing to have immigrants introduced at his private expense
may do so, on making proper application. (Immigration Ordinance, No. 26
of 1916, sections 33 and 38.)
GUATEMALA.—The Act of 30 April 1909 divides immigrants into
the following three classes : those without a contract of employment
who enter the country in search of work,.those who arrive as a result of
a contract concluded with a private employer, and those who are engaged by
the Government (section 2). The Act stipulates t h a t when the Government
introduces immigrants or settlers on its own behalf, special agents must be
appointed in foreign countries to conclude the immigration contract. These
agents are required to supervise the embarkation of the immigrants, to
define according to instructions the advantages offered to immigrants,
1
Emigration of unskilled labourers from India to Mauritius is not at present permitted.
by the Indian Government.
EECBUITING
211
and to distribute in equitable fashion through the medium of sub-contracts
the workers intended for agriculture and the settlers introduced to populate
the districts selected for land settlement schemes.
When the Government decides to effect immigration through private
persons or societies assuming complete charge of the operations, the official
agents are empowered to conclude the necessary contracts and to demand
the widest possible guarantees for the observance of such contracts.
I n such cases they must arrange for the immigrants to be examined
carefully and individually at the various ports of embarkation, prior to
embarkation, all persons found ineligible for admission in accordance
with the terms of the Act being rejected.
The consuls are required to see that the agents of the Immigration Committee, and individuals or societies undertaking the embarkation of immigrants or settlers adhere strictly to the immigration laws and the obligations
arising out of the conclusion of contracts (sections 34 and 35).
J A P A N : Formosa.— Ordinance No. 68 of 24 September 1904, amended
by the Ordinances No. 25 of 1915 and No. 198 of 1920, lays down regulations
for shipping agencies and recruiting agents for Chinese workers. These
regulations are analysed in Chapter VII.
NETHERLANDS.—The conditions governing the admission of alien
workers are described in Chapter I I I , § 1, (g.). According to a communication
received from the Netherlands Government in 1927, the recruiting of alien
workers may be carried out through the medium of fee-charging and other
employment agencies, although in actual practice recruiting through feecharging agencies is rather uncommon, and such agencies engaged in recruiting alien workers are subject to supervision.
Colonies.—Dutch Indies. According to Order No. 15 of 29 June 1925
respecting coolie labour, amended on 16 February 1926, workers belonging
to eastern alien countries (cf. Chapter I I , § 1, for definition of this term)
may be recruited for the requirements of large commercial, agricultural
or industrial undertakings, or for public works, or for work on the railways
and tramways. An undertaking employing coolies must be a corporate
body established in the Dutch Indies or having an established agent there
(sections 1-2).
Surinam. By a Royal Order of 3 May 1872, amended on various occasions and latterly on 6 August 1920, the Governor of Surinam is required
to regulate the conditions under which immigration may be organised and
the advantages offered to immigrants. The Order applies to immigrants»
engaged either by private persons or by the colonial administration for
agricultural or industrial undertakings, public works, or the public utility
services.
I n order to check the conditions offered to immigrants, Government
agents are appointed in all ports where recruiting is carried out and are
entrusted with the supervision of all such operations. Contracts may be
concluded only with their consent and, in Java, by the agents themselves
on behalf of the Government, which then assumes responsibility for the
engagement of the workers and distributes them subsequently to undertakings providing the necessary guarantees; guarantees generally include
the payment of a variable amount to the Immigration Fund. The period
for which coolies are hired out to private undertakings does not necessarily
cover the whole duration of the contract concluded between them and the
Government, and this contract remains in force when the coolie is not
in employment, the cost of his maintenance being then borne by the Government. At the end of five years, the immigrant may either contract a new
engagement, be repatriated at the expense of the Immigration Fund,
or remain in the Colony as a voluntary immigrant on the Crown land which
is then granted to him.
212
EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS -
Recruiting carried out in Java is regulated by the Order of 16 April 1896
(Stbl. No. 72) and the Government Decree of 1 February 1921 (Bijblad 9703),
amended by Regulations No. 10036, which define the provisions to be
included in the contract of employment (see § 3 of the present chapter).
PANAMA.—Section 4 of the Immigration Act (No. 55 of 30 March
1925) stipulates that an employer who desires to bring alien workers into
the country must first obtain permission to do so from the Ministry of
Foreign Affairs. He must then submit to the same department and to the
Panama consular official in the port of embarkation lists containing the
names of the persons to be brought into the country ; and giving the place
of birth and residence of each immigrant, and the names and addresses of
their Wives, parents and children; such list to be duly attested by the
competent authority of the place where the contract is concluded.
In pursuance of the Decree No. 45 of 19 August 1925 (section 5), the
employers' application must be accompanied by documentary evidence
showing that he is established in Panama and that he has a business of
industrial undertaking which justifies the admission of the persons for whom
he has applied.
PARAGUAY.—The Immigration Act of 6 October 1903 states that
private undertakings which desire to bring immigrants into the country
to work on their behalf and persons wishing to introduce members of their
family must apply in duplicate to the Department of Land and Colonies,
showing the number of persons or families it is desired to introduce, their
age, trade, and nationality. They are also required to hold themselves
responsible for the truth of the declaration made by such persons and for
their observance of the immigration laws. For this purpose the applicant
must provide security which is adequate, in the opinion of the Immigration
Office, to cover the cost of the immigrants' journey to and from Paraguay
should the immigrants in question not be admitted on legal grounds or if
they do not comply with the regulations which require them to report
on arrival at the General Immigration Office.
A duplicate of the application is sent to the Paraguayan consular agent
or immigration agent at the place where the immigrant is recruited, and he
communicates the contents to the persons concerned. After signing the
document noting that the application conforms to the terms of the agreement
between the employer and the worker, the document is returned to the
department (sections 6, 10, and 11).
P O R T U G A L : Colonies.—According to the Portuguese Decree of
14 October 1914, which applies to the Portuguese colonies as a whole,
agriculturists, industrial employers and contractors established in any one
of the colonies may found a recruiting and immigration company for the
purpose of bringing native labour into the colony in question. Such companies must take the form of a limited liability company and be registered in
the name of a representative appointed in the colony where recruiting takes
place. Only one company may be formed in each colony. In colonies
where à recruiting and immigration company is formed, no other immigration
agent may carry on business without coming to an agreement with the said
company.
Company agents who act on behalf of private persons or on behalf of
one of the members of the company are liable to imprisonment. Recruiting
may only be carried out for the company as a whole, recruits then being
distributed fairly among the members of the company. Employers must
advance a deposit to cover the cost of recruiting.
Immigration companies must appoint two persons of good reputation as
representative and general recruiting agents in the colony where they
recruit labour. The general agent may not take up his duties without
the approval of the Governor of the emigration colony. The same person
IMMIGRATION AND EMPLOYMENT CONTRACTS
213
may perform the functions of representative and recruiting agent (sections 131
to 135).
Agreements regulate recruiting carried on in Angola (28 April 1926)
and in Mozambique (14 November 1925) on behalf of St. Thomas and Principe Islands ; these agreements are described in Volume I, Chapter VI. By a
warrant issued on 24 March 1927, the Portuguese Government authorises
recruiting on behalf of St. Thomas and Principe Islands in the Colony of
Cape Verde, such recruiting being carried out on the basis of the agreement
concluded between St. Thomas and Principe Islands and Angola.
RUMANIA.—For certain regulations respecting foreign recruiting, cf.
§ 1 of this chapter.
U N I T E D S T A T E S . — I t is declared unlawful for any person to introduce, assist, encourage or solicit any alien to come into the United States
by promise of employment circulated, advertised, printed, published or
distributed in any foreign country. (Immigration Act, 1917, section 6.)
The Secretary of Labour may, however, authorise certain exceptions
(cf. Chapter I I I , § 1, (g), and § 3 of the present chapter).
URUGUAY.—So far as land settlement is concerned, the Decree of
2 March 1912 stipulates t h a t persons who wish to employ alien workers
must make a written application to the manager of the Immigrants' Hostel
in Montevideo, stating the number and nationality of the workers required,
the class of work which will be given them, the wages or salary offered
and the conditions and nature of the payment. The director of the Hostel
forwards this application, accompanied by a report, to the Ministry of the
Interior. If the application is approved, it is then transmitted to the
competent Uruguayan consul with a note indicating the shipping company
which should be asked to provide the necessary transport facilities for the
workers concerned.
VENEZUELA.—Recruiting of immigrants is carried out by the official
immigration agents, or by companies or private individuals.
Companies and private persons who wish to bring immigrants into the
country must first obtain the necessary permits from the federal executive
authorities. After due enquiries, a permit is issued on the undertaking
that the holder complies with the laws and regulations in force. Persons
eligible for admission to the country, who have been brought in by unauthorised persons, receive no refund of their passage money and are assimilated
to immigrants without a contract.
Direct recruiting of immigrants for land settlement or on behalf of agriculturists established on State lands is carried out by the official immigration officials, and official subsidies are granted for the cost of the voyage
on the same conditions as for immigrants with a contract. (Act of 26 J u n e
1918, sections 11 to 15, 22, 24, and 25.)
§ 3 . — I m m i g r a t i o n and E m p l o y m e n t Contracts
Many countries have instituted a system of control over t h e
conditions in which alien workers are engaged by undertakings
in the country.
This supervision has several aims, the first being t o provide
equality of treatment for alien and national workers and t o
avoid unfair competition by cheap alien labour which might
214
EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS
result in lowering the standard of conditions attained by national
workers. For similar reasons the laws generally prevent the
engagement of alien workers from affecting the normal course
of labour disputes during strikes and lock-outs.
Another aim of this system is to see that aliens do not receive
preferential treatment to the detriment of the national worker.
In order to guard against the possibility of the national worker
being thrown out of employment in moments of economic stress
on account of long-term engagements concluded with alien
workers, contracts made with the latter are usually of but
short duration. Hence it is that the engagement of aliens for
agricultural work is as a rule of a seasonal character.
Thirdly, when contracts are concluded with unskilled workers,
especially when they refer to uneducated coloured workers who
are easily duped, care is taken to ensure the grant of fair living
conditions by the employer. This supervision is to be attributed
partly to humanitarian motives and partly to the necessity of
obtaining the requisite Government authority when recruiting
native labour.
Several methods may be adopted to facilitate the supervision
of the conditions of engagement. One method is to oblige the
employers to conclude contracts in a specified language and to
submit them to the competent authorities for approval, which
is given only if the contracts are considered equitable or after
it has been ascertained that the person concerned understands
and agrees to the conditions stipulated therein. A considerable
number of countries require aliens to have duly authorised
contracts on arrival at their frontiers. On the other hand, some
countries are against engagements concluded at great distances
by workers who are entirely ignorant of the cost of living of the
country in which they agree to work, and forbid the conclusion
of contracts with aliens before their actual arrival in the country.
A second method, which is an improvement on the first, and
which is rapidly extending, is the use of a model contract. There
are two variations to this method : either the law defines the
compulsory clauses which must be included in the agreement
and leaves certain conditions to be arranged contractually, or it
orders the use of a model contract drawn up periodically by the
department responsible for this work. A model contract drawn
up on such lines by the authorities of the immigration country
IMMIGRATION AND EMPLOYMENT CONTRACTS
215
usually contains compulsory clauses printed on forms which are
used by the contracting parties, and optional clauses of which
certain details are filled in by the employer. The model contract applies to all workers of the same trade and allied trades.
Unless definitely stipulated by an international agreement, it is
extremely rare that the form of contract varies according to the
place from which the immigrant workers come; but in some
countries, colonial for the most part, special types of contract
are used for workers of certain given races and nationalities.
On the other hand, however, contracts differ greatly according
to the trade or occupation to which they refer (agriculture,
industry, etc.).
As a rule, model contracts deal with questions of wages, hours
of work and other labour conditions, but in many cases reference
is made to conditions of existence (maintenance, medical attendance in case of sickness, etc.) and in particular to the question
of housing, the right to introduce aliens into the country sometimes depending on the production of evidence that they, and
ultimately their family, will be able to find suitable quarters in
the place where they are to be employed. Penalties are sometimes imposed for non-compliance with the obligations undertaken.
Some countries have introduced apprenticeship contracts for
young immigrants (see Chapter V, § 2).
Somewhat similar to the model contracts are the model
application forms which employers in certain countries must use
when applying to the authorities for permission to bring alien
workers into the country, as these forms compel the employer
from the very outset to define the conditions of labour which
he is offering and which will ultimately be laid down in the
contracts.
Again, it is quite common for a model contract to be drafted
by mutual agreement between the authorities of two countries
for the use of subjects of a country supplying large quantities
of labour. Agreements of this sort are discussed in Volume III.
BRITISH EMPIRE MANDATED TERRITORY (Under Australian Administration) : Nauru.—The Chinese and Native Labour Ordinance of 1922 provides that a contract for service or work as mechanic in
Nauru must be made in the presence of the Administrator, who must satisfy
himself that the labourer understands its nature and terms. The standard
form of agreement in use provides that wages are paid monthly at specified
216
EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS
rates and the employee agrees to do piece-work if required by the British
Phosphate Commission at rates to be mutually arranged. The hours of
work are nine per day for five days per week, and four and a half on
Saturdays. The Commission undertakes to provide free food and quarters
for the employees. In the case of absence due to sickness, the Commission
provides free medical attention and food, but should this be in excess of fourteen days in any one year wages will cease. In case of accident while at
work, the employee receives full pay together with rations and the necessary
medical attention for the time he is incapacitated thereby. If the employee
becomes seriously injured while a/t work and remains unfit for further duty,
he receives one year's pay as compensation and is returned to Hongkong
by the first available steamer at the Commission's expense. Should the
employee die while performing his work, the Commission will pay one
year's wages to his family. The wages of an employee, if he so desires,
are remitted to China free of charge.
A similar model contract has been drawn up for coolies. (Report on the
administration of Nauru during the year 1923.)
J A P A N E S E MANDATED TERRITORY : South Sea Islands.—
The contract of employment for immigrant workers must specify the nature
of the work to be performed, the length of the engagement, the length
of daily working hours and rest periods, the wages and manner of payment,
the arrangements for the provision of board, lodging and clothing, the manner
of defraying the expense of the outward and homeward passages and
other allowances, the penalties applying to workers for breach of contract,
the methods of saving proposed, the manner of paying the head t a x and
of refunding advances, the arrangements for medical treatment for the
worker in case of sickness or accident, the family allowances due in case
of incapacity or death as a result of an accident to the head of the family,
and the arrangements made in connection with dismissal before the expiry
of the contract.
The chief official of the competent local department may require the
employer to modify the terms of a contract if he deems fit. (Regulations
respecting immigrant workers; Order No. 4 of 27 December 1918, sections
3 and 8.)
NEW ZEALAND MANDATED TERRITORY : Western Samoa —
The Ordinance of 4 December 1923 (No. 10 of 1923) provides t h a t Chinese
labourers work on the basis of "free labour conditions", an expression which
is defined as a document in the Chinese language setting out the terms
of employment. Every labourer who accepts these conditions is deemed
to have entered into an agreement with the Chinese Commissioner in Samoa
as representative of the Government of Samoa and also into an agreement
with any employer to whom he may be appointed by the Commissioner
(section 3).
The terms of agreement provide for continuous employment for three years
at 3s. per day for a full day's work of nine to nine and a half hours, or for
such other wage as may be agreed upon at the time of signing the contract
(sections 1, 11, 12). If the labourer wishes to change his employer, the
Commissioner will permit him to do so when practicable and if a valid reason is
given (section 3). In the event of a labourer being permanently incapacitated
or fatally injured as a result of his employment, the employer must pay
the sum of £30 to him or his relations (section 21). The employer undertakes to remit to China the savings of the labourer (section 24). The
Government guarantees the fulfilment by the employer of certain specified
conditions of work, housing and maintenance (section 5). The Chinese
Commissioner in Samoa will investigate complaints made by labourers
(section 6).
I t is also provided that no labourer arriving in Western Samoa after
4 December 1924, or no labourer remaining in Western Samoa after the
IMMIGRATION AND EMPLOYMENT CONTRACTS
217
expiry of the contract or indenture under which he was serving at this
date, may be criminally punished for breach of contract (section 2).
A further Ordinance known as the Melanesian Labour Ordinance, 1927
(No. 3 of 1927), contains the terms of agreement applicable to natives of
Melanesia who have been taken to Western Samoa to serve as labourers.
No such labourer may be employed in Western Samoa except by the Governments of the Territory or of New Zealand.
The terms provide that the Director of Labour will find continuous employment for the labourer as an agricultural labourer, domestic servant, workshop
hand or otherwise. The working hours shall be nine and a half each day, and
the rate of wage 3s. per day for every full working day. The labourer will,
if possible, be employed on daily piece-work and in such case shall be entitled
to a whole day's wage for each daily piece-work completed. The labourers
will be provided with wind and weather-proof lodging. The Director of
Labour will take all reasonable care that the labourer is not ill-treated and will
investigate any complaint made by him.
S O U T H AFRICAN M A N D A T E D T E R R I T O R Y : S o u t h - W e s t
Africa.—Contracts of service made in the Union of South Africa or in any
other British possession, if fully executed before a magistrate or any other
competent authority, or contracts of service made in foreign States, if
duly executed before a British consul resident in that State, are valid in
South-West Africa for any stipulated term not exceeding three years from
the date of the arrival of the contracting employee. If one or more of the
contracting parties are not of European descent, the conditions contained
in the contract must be read and explained and if need be translated, and a certificate must be given that the contracting parties have
agreed to the conditions. (Master and Servants Proclamation of 1920,
No. 34.)
AUSTRALIA.—Admission of immigrants under contract to perform
manual labour is controlled by the provisions of the Contract Immigrants
Act, 1905, and is permitted if the contract is in writing, is made by and on
behalf of some person named in the contract and resident in Australia,
and is approved by the Minister for External Affairs (section 4). Such
approval, which must be obtained before the immigrant lands in Australia,
is not given if the contract is made with a view to affecting an industrial
dispute, or if the remuneration and other terms are not as advantageous
to the contract immigrant as those current for workers of the same class
at the place where the contract is to be carried out.
Moreover, the Minister must be satisfied that there is difficulty in the
employer's obtaining a worker of at least equal skill and ability, except
in the case of a British subject born in the United Kingdom or the descendant of such a person (section 5, (2)).
If before the Minister approves the terms of the contract the immigrant
lands in Australia, the contract is absolutely void, the immigrant is liable
to a penalty, the employer is liable to a penalty, and the employer must
pay a sum of money sufficient either to maintain the immigrant until he
can reasonably be expected to find suitable employment or to enable him
to return to the country from whence he came (section 6, (1)).
These provisions, however, do not apply when the contract immigrant
only lands temporarily at an intermediate port on his way to his destination, and only remains during the vessel's stay in the port, or lands under
a bond to the Commonwealth under such conditions as the Minister approves
(section 6, (2)).
An immigrant who is under a contract or agreement to serve as part
of the crew of a vessel engaged in the coasting trade in Australian waters
does not need the approval of the Minister for External Affairs previous
to his landing, provided the rates of wages specified in the contract are
not lower than the rates ruling in the Commonwealth (section 8).
218
EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS
For apprenticeship schemes in certain Australian States, cf. Chapter
V,§2.
BELGIUM : Congo.—The duration of a contract concluded with
a native worker, whether of Belgium or foreign nationality, m a y not exceed
three years, and all engagements of more than six months must be countersigned by the competent authorities. The employer promises to see
t h a t the work is carried out in safe and healthy conditions, to provide
workers with the necessary medical treatment in case of sickness or
accident, and where necessary to repatriate him. Immediately the contract
is signed, the employer must furnish each worker with a labour book
in the form prescribed by the Vice-Governor-General of the province. This
book must show the worker's name and country of origin, the nature of
the work on which he is employed, his workplace and hours of work, the
rate of wages paid, the housing and maintenance conditions, date of
payment of wages, and the length of the engagement if such is fixed.
This book must be signed by the employer or his agent, and may not
be taken from the worker at any time. (Decree of 16 March 1922, sections 23
and 26.)
BOLIVIA.—-When collective immigration is organised by a recruiting
agent, or for a private employer, the official representative of the Bolivian
Government (agente oficial del Gobierno) is required to supervise the
conclusion. of the contract and the preparations for embarkation. He
must see, in particular, that the employer does not give false information
to future immigrants and that the terms of the contract are clearly defined,
in order to avoid workers being deceived by false promises, which could
only do harm to the country.
Private immigration contracts which are not concluded through the
Immigration Office do not entitle their holders to the privileges laid down
in the Immigration Act. (Immigration Act of 20 January 1927, sections 19
and 25.)
BRAZIL.—-Although the federal legislation does not define the form
of labour contracts, the various Brazilian States have detailed regulations
on the subject. (Cf. also Vol. I l l for bi-lateral agreements.)
I n the State of Sao Paulo, Decree No. 2400 of 9 J u l y 1913 states that
immigrants intending to take up paid work may not conclude contracts
abroad ; all contracts must be concluded at the Official Employment Agency
in the conditions defined in the Decree (section 83). All "settlers" (colon),
that is to say all rural workers, who obtain employment through the official
agency or one of its sub-agencies receive a labour book (caderneta), which
contains extracts of the main legislative provisions governing agricultural
work and defines the general conditions which must form part of all
contracts and the clauses where special agreement is required between the
contracting parties (section 271). According to the model contract reproduced in the labour book, the general clauses must refer to the free transport
of the worker and his family from the nearest station to the plantation, the
provision of quarters for the settler's family and the animals required for
his work, the obligations undertaken by the settler, the cases in which the
employer or the worker may cancel the contract, the conditions governing
the termination and renewal of the contract, the prohibition to advance
money except in case of sickness, the inscription in the labour book of all
stores issued to the worker, the necessity for the worker to belong to the
co-operative societies formed by the Agricultural Aid Society (an official
organ of the Sao Paulo Government) for the provision of (medical assistance
and drugs and educational facilities, and the obligation to submit all
disputes concerning the fulfilment of the contract to the president of the
municipal agricultural committee. The special clauses refer to the land
taken over by the settler for cultivation, the sums to be paid in advance
IMMIGRATION AND EMPLOYMENT CONTRACTS
219
by the owner in proportion to the land taken over by the settler, the
annual settlement of accounts, and the settler's right to plan« on his own
behalf. A number of pages are provided for insertion of accounts (wages,
allowances, deductions, etc.).
The labour book also contains extracts from legislative provisions of
interest to agricultural workers, a description of the advantages granted
to immigrants, and a summary of the duties of the Official Employment
Agency in ëonnection with the conclusion of contracts.
Workers, or artists, of all kinds may conclude similar contracts through
the Official Agency and, on promising to observe the general and special
regulations in force, receive a labour book or a certificate of engagement
(sections 270-273).
I n the State of Minas Geräts, regulations, promulgated by Decree No. 6990
of 24 September 1925, state that persons who desire to engage settlers or
other agricultural workers, such as jobbing contractors, managers, carters,
wagoners, mechanics for agricultural machines, and other persons occupied in agricultural work must do so through the Ministry of Agriculture,
such persons or their agents being required to conclude a contract of employment in the form of one of the model contracts given in an appendix to the
regulations. Such contracts must be drawn u p in duplicate and registered
with the Agricultural Office, and must show the date of commencement
and termination of the engagement (sections 8, 9, and 17). All the usual'
conditions must be included, and special conditions defined by special
clauses.
I n the State of Bahia, regulations issued on 4 January 1926 oblige settlers
and other workers to conclude a contract of employment or agricultural
association, to register such contracts with the Labour Office (section 155),
and to have a labour book in which entries are made of all transactions
taking place between the employers and workers, or the landowners and
settlers who have concluded an agreement through the medium of the
Ministry of Agriculture (section 158).
The Immigration Office is responsible for the issue of labour books.
A model contract for settlers is appended to the regulations and is similar
to that described for the above-mentioned States.
CANADA.—Child emigrants taken to Canada under the auspices of a
philanthropic society are placed in homes, an agreement being drawn
up between the employer and the society. Children of fourteen years of
age and upwards are generally placed out under a wage agreement, a periodical
settlement being provided for between the employer and the society. The
employer deducts expenditure on clothing, pocket money, etc., which he
has provided during the period and remits the balance to the society, by
whom it is placed in a trust fund to the child's credit in a bank. The wages
thus paid accumulate until the child ceases to be in the care of the society
at the age of eighteen or, in certain cases,at the age of twenty-one K
DENMARK.—The provisions of the Act of 1 April 1912 respecting the
employment of alien labour apply to workers of foreign nationality who
are employed on manual labour in agricultural, forestry, and horticultural
undertakings, brick works, peat cutting, gravel pits, clay pits, chalk mines,
quarries, etc., unless such persons have been resident in the country for
at least two years without a break. The Act does not apply to domestic
servants.
The Minister of the Interior is authorised to extend the Act to alien workers
employed on manual labour in other classes of undertakings.
Not later than a fortnight following the arrival of alien workers at their
1
GBEAT BRITAIN : British Oversea Settlement Delegation to Canada. London, 1924.
Cmd. 2285.
220
EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS
destination, the employer must draw up a contract on the official forms
issued by the Ministry of the Interior and provide each worker with a paybook in which the wages paid to the worker must be inscribed each time a
settlement is made.
Contracts concluded in conformity with section 4 of the Act must define
the circumstances in which the contracting parties may cancel the contract
before its expiry.
n
Detailed reference must be made to the rates and manner of payment
of wages (daily or piece rates), the duration of hours of work, rest days,
and the manner of defraying the: cost of the outward and homeward passages
of the workers concerned.
The employer is forbidden to insert in the contract any provisions entitling
him to exact fines for unsatisfactory work or negligence on the part of the
workers.
ECUADOR.—Article 38 of the Constitution of Ecuador of 1896-1897
states that an alien concluding a contract with the Government or with
a private person thereby renounces his right to all future diplomatic protection. Administrative regulations state, however, t h a t an exception to
this rule is made in cases of refusal of justice, when the alien concerned may
appeal through diplomatic channels in accordance with the principles
of common law.
FRANCE.—The collective recruiting of alien workers is usually carried
out in countries with which an agreement on the subject has been made,
and on the basis of model contracts drawn u p by the competent Foreign
Labour Departments attached to the Ministries of Labour or Agriculture.
These model contracts are approved by the Governments of the countries
interested. There are different types of contracts for the various trades,
which have been drawn up either as a result of a general labour agreement,
in which case they contain supplementary details (model contracts for Belgian, Czechoslovak, Italian, and Polish workers) or following a simple agreement between the departments responsible for the recruiting of citizens
of countries which have not contracted a trea.ty with France (model contracts
for Austrian. British, Lithuanian, Serb-Croat-Slovene, Swiss, etc., subjects).
Special types of contracts also exist for recruiting labour in the French
North African possessions (Algerian, Moroccan, and Tunisian labour).
In'the absence of an official model contract, the labour conditions offered
are defined by the fact that employers engaging alien workers have to
use an official application form which covers the main conditions of the
agreement and in which must be inserted all conditions which are liable to
vary with circumstances. When an application of this nature has been
approved and countersigned, the Foreign Labour Department forwards
it either to the competent department in the emigration country concerned
for further action or to the frontier stations at which the workers arriving
without contracts must report for engagement.
The conditions which must be defined refer to the nature of the work,
length of engagement, wages (which must be equal to those paid to French
workers of the same category employed on the same work and vary according
to the fluctuations which take place in French workers' wages during the
duration of the contract), supplementary payments for overtime and work
performed during the night or on holidays (the normal hours of work being
those fixed by law), the arrangements made for board and lodgings (at the
employers' or" workers' expense), and cost of transport (the outward journey
being paid by agreement either by the employer or by the worker ; for the
homeward journey 50 Irancs are paid to the worker for every period of six
months' work and in cases of dismissal for reasons of force majeure). A
stipulation must be inserted that all disputes arising between the employer
and the worker are to be brought to the immediate notice of the Foreign
Labour Department of the Ministry of Labour.
IMMIGRATION AND EMPLOYMENT CONTRACTS
221
Model contracts concluded on the basis of international agreements are
discussed in Volume I I I , Chapter IV, of the present work.
Colonies.— According to the Decree of 13 February 1852 respecting
immigration in the colonies, immigrants are obliged to keep to the conditions
of their engagement during the whole of their stay in a colony unless,
in exceptional cases, they are granted an unconditional residence permit
(cf. Chapter X I , § 5, "Registration"). Engagements concluded for one year
or longer require a written contract. Contracts of employment may be
concluded in the country of origin with the worker under the supervision
of the immigration agent appointed by the colony interested in the recruiting
of labour, in which case the immigrant must register his contract with the
authorities within ten days after his arrival in the colony. They may also
be concluded in the presence of the competent immigration authorities
(the mayor, clerk to the Justice of the Peace, syndics, etc.) after the
admission of the worker to the colony. Workers engaged on job or daily
rates, or on the basis of an engagement of less than one year, and domestic
servants must have a labour book as defined in the laws of the colony
concerned (sections 4, 12, and 13).
As an example of the application of these general principles a description
is given below of the regulations governing labour contracts in the French
Establishments in Oceania and Madagascar which were established in almost
identical form by the Decrees of 24 February 1920 (Establishments in Oceania) and 6 May 1903 (Madagascar) ; the laws respecting regulated immigration
in French Guiana, Guadeloupe,Mayotte, Nossi-Bé, and Reunion are, moreover,
very similar to the contract of employment regulations described below.
The legislative texts covering the two said colonies stipulate that labour
contracts must be concluded in the presence of a syndic. Their duration
may not exceed that established by the agreements concluded with the
country of origin of the workers concerned and in no case five years.
Immigrants of both sexes must comply with their conditions of engagement during the whole of their stay in the colony ; this obligation extends
to their children over twelve years of age unless they attend a French
school. Contracts may not concern minors unless with the consent of their
father or mother or of the parent in whose charge the child has been placed
by law. When possible, such contracts must be concluded with the parent's
employer. When a female immigrant marries, her contract is automatically
cancelled, provided she is able to pay compensation to her employer should
this be required of her. If she marries an immigrant the duration of her
new contract may not extend beyond the date when her husband's contract
expires (section 28). The syndics are required to see that contracts are not
concluded on behalf of employers previously convicted on the ground of
cruelty towards their workers, failure to carry out the terms of their
contracts, or fictitious engagement (section 38).
Contracts of employment must define the length of the engagement, the
worker's right to repatriation at the expense of the employer on expiry
of the contract or the conditions in which the worker may renounce this
privilege, the daily, weekly, monthly and annual hours of work, wage rates,
the amount of clothing, rations and other privileges to be received for overtime, the worker's right to free medical treatment at the employer's expense
and, in case of death, to free burial, the premium arranged, and the cash
advances agreed to by the employer (section 32).
Contracts may be cancelled either by common consent given in the presence of the Immigration Commissioner or the syndic, or, in cases of
non-fulfilment of contractual obligations, ill-treatment, etc., as a result
of proceedings taken by the Immigration Commissioner at the request of
the worker, or when the employer asks for its cancellation on account of
the unsuitability of the worker in consequence of bad health duly certified
by a doctor. The worker may also terminate his contract by the payment
of an indemnity, but in this case he may not conclude a new agreement
(section 40).
222
EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS
As a rule, an immigrant may not conclude a new contract with his employer
until after the expiry of their original agreement. At the same time an
immigrant has the right to annul his contract before its expiry, in which
case he may sign a new contract for a maximum period of three years
within twenty-four hours of such cancellation. The syndic who receives
notice of the cancellation of the original agreement and the conclusion of
a new one is required to remind the immigrant t h a t he is entitled to sign
or to refuse to sign the new agreement (section 33).
When an immigrant first takes u p his duties, a booklet containing a
copy of the relevant information noted in the official register kept by the
Immigration Commissioner is issued to the employer and a duplicate to
the immigrant. The immigrant is required to keep strictly to the conditions
stipulated in his contract. Unauthorised absence is a punishable offence
and must be reported by the employer to the Immigration Committee.
After one month's absence the immigrant is declared to be a vagabond
and penalties are inflicted in proportion to the gravity of the offence
(sections 23 and 24).
GERMANY.—According to the Order of 2 January 1923, amending
the Order of 19 October 1922, alien agricultural workers may be recruited
and placed in employment only in virtue of a contract of employment for
alien migrants as defined by the Agricultural Committee of the Federal
Employment Office1. All other contracts concluded with alien agricultural
workers are null and void in so far as they differ, to the detriment of the
workers concerned, from the contract of employment mentioned above.
The annulled clauses must be replaced by the corresponding provisions of
the contracts provided for in the Order (seetion 1).
G R E A T B R I T A I N : Colonies.—The age at which an immigrant may
enter into a contract to work varies in different colonies. I n North Borneo
the immigrant must be sixteen years of age. In the Federated Malay Stales
and the Straits Settlements the age is fifteen years. The laws of British Guiana
and Trinidad and Tobago specify that no child shall be indentured, but
on reaching the statutory age (ten years in British Guiana, twelve years in
Trinidad and Tobago), the child is deemed to be under the same indenture
as t h a t of the relative or friend with whom he was introduced. (North Borneo :
Indian Immigration Proclamation, 1891, section 33.)
In Mauritius, no contract may be made with an immigrant under thirteen
years of age. Any minor immigrant of thirteen and upwards may be employed under a contract of service with the consent of his parent or guardian.
(Federated Malay States : Perak, Selangor, Negri Sembilan, Pahang : Netherlands Indian Labourers' Protection Enactment, 1909, section 6. British
Guiana : Immigration Ordinance, 1891, section 60. Mauritius: Labour
Ordinance, 1922 (No. 32 of 1922), section 11. Straits Settlements : Netherlands Indian Labourers' Protection Ordinance, No. 21 of 1908, section 6.
Trinidadand Tobago : Immigration Ordinance, No. 26 of 1916, section 78,(1).)
Generally a contract made with an immigrant must be in writing and
made before a magistrate or representative of the Government, who must
make sure t h a t the immigrant understands the terms of the contract. I n
North Borneo contracts are made before the Indian Immigration Agent
of North Borneo or of the Straits Settlements.
The contracts may not
be attested unless the labourers shall have been recruited under terms
approved by the Governor and by some person authorised by the Protec1
The Act ol 16 July 1927 on employment exchanges and unemployment insurance,
transformed the Federal Employment Office into the Federal Institute for Employment
Exchanges and Unemployment Insurance (Reichsanstalt für Arbeitsvermittlung und
Arbeitslosenversicherung). The regulations mentioned above remained in force with the
necessary administrative modifications.
IMMIGRATION AND EMPLOYMENT CONTRACTS
223
tor, unless the contracts comply with the law of the country in which
they are made, and unless they are for a period not exceeding two years.
Written contracts executed outside the State must be attested at the port
of entry. (North Borneo : Indian Immigration Proclamation, 1891, section 35,
and Labour Ordinance, 1916, section 7.)
In the Federated Malay States and the Straits Settlements every contract
of service with a Netherlands Indian labourer for more than one month
must be in writing, and must be executed by the labourer before an official
of the Government of Netherlands India, and by the employer or his agent
before such an official or before the Superintendent of Netherlands Indian
Immigrants. If the contract is made in the State it must be executed by
both parties before the Superintendent of Netherlands Indian Immigrants.
Every contract made in Netherlands India must be shown to the Superintendent and initialed by him within fourteen days from the date on which
the labourer arrived in the State. The labourer must be given a copy of
the contract of service. (Federated Malay States : Perak, Selangor, Negri
Sembilan, Pahang : Netherlands Indian Labourers' Protection Enactment,
No. 1909, section 10, (3). Straits Settlements : Netherlands Indian Labourers'
Protection Ordinance, No. 21 of 1908, section 10, (3).)
Contracts of service in British Guiana, made under the Non-Asiatic
Immigration Ordinance, No. 10 of 1890, section 3, 9, (1), are made before
a Justice of the Peace and must be in writing. Contracts under the Immigration Ordinance, 1891, section 52, (1), are effected by the Immigration
Agent-General, who makes a list of the immigrants introduced and allotted
to an employer, and hands a copy of this list signed by himself to the employer,
while the employer hands a similar one to the Immigration Agent-General.
In British Honduras an agreement made with a labourer outside the
colony for work within the colony must be signed before a Justice of the
Peace in any of the British Dominions, or before a British consul if made
in any foreign country. (British Honduras : Labour Ordinance, 1883,
amended and consolidated by Acts No. 25 of 1915 and No. 42 of 1923.)
When immigrants are allotted to employers in Jamaica the Protector
delivers to the employer or his representative an indenture, and the duplicate of the indenture is signed by the employer or his representative and
delivered to the Protector. (Jamaica : Immigration Law, No. 23 of 1879,
section 28.)
In Mauritius, contracts of service for immigrants from India may be
written or verbal, but in neither case shall they be binding for more than
one month. Notice to terminate a contract must, however, be given fourteen days before the end of the month ; otherwise the contract is automatically renewed for another month. Labourers from elsewhere than British
India may enter into contracts of service for any period not exceeding
five years. If they are for more than one month, they must be in writing
and must be made before the Protector of Immigrants or a stipendiary
magistrate. (Mauritius : Labour Ordinances, Nos. 12 and 32 of 1922.)
By the Ascension Island (St. Helena) Workmen's Protection Ordinance,
1926, it is provided that every contract of labour must be in writing and
attested by a magistrate, Justice of the Peace or some other Government
officer (section 5). In the Unfederated Malay State of Kelantan no contract
of labour made outside the State is valid unless it is signed before a magistrate or British consul. The labourer must be produced within ten months
of his arrival within the State before a magistrate who must satisfy himself
that the contract was duly executed and must sign the contract as evidence
that he has examined it. (Kelantan : Labour Enactment, No. 1 of 1912,
section 9.)
A written contract of service with a Netherlands Indian labourer must
not be foT more than 900 days' work in the Federated Malay States and the
Straits Settlements, but a parole agreement is deemed to be an agreement
for one month and may be renewed from month to month. In these colonies
and in Ceylon no contract of service between an employer and an Indian
224
EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS
immigrant labourer may be for more than one month from the making
of the contract. (Federated Malay States: idem, sections 7, (2), 7, (5), 9.
Straits Settlements : idem, sections 7, (2), 7, (5), 9. Ceylon : Indian Immigrant Labourers' Amendment Act, No. 1 of 1923, section 20.)
The indentures in British Guiana, Jamaica and Trinidad and Tobago
are for a period of five years, although a female immigrant in British Guiana
is only subject to an indenture of three years' duration. In British Guiana
and Jamaica the period of indenture is considered as commencing on the
date of allotment. I n Trinidad and Tobago the five years is reckoned
from, the date of the arrival of the immigrant in the colony. (British
Guiana : idem, section 57. Jamaica : idem, section 30. Trinidad and
Tobago : idem, section 75.)
In Kelantan by the Labour Enactment, No. 1 ot 1912 (section 10), a
contract of labour is not valid if it is of more than twelve months' duration
or provides for more than 300 days' work.
By the Netherlands Indian Labourers' Protection Enactments of the
Federated Malay States and the Straits Settlements it is stipulated that all
contracts made with Netherlands Indian labourers shall provide for the
payment of a daily wage rate and a supply of rations. (Federated Malay
States: idem, section 9. Straits Settlements : idem, section 9.)
In St. Helena the contract must specify the nature of the work to be
performed, the place or limits within which it is to be done, the duration
of the contract, the remuneration to be paid, the provision to be made
for the return of the workman at the termination of his contract to the
place where he was engaged, and an undertaking by the employer to provide
such medical attention as may be prescribed by regulation of the Governorin-Council. The employer may be required to give security for the due
performance of the contract. (St. Helena, Ascension Island : Workmen's
Protection Ordinance, 1926, sections 6, 7.)
No contract for immigrant labour is valid in the Unfederated Malay State
of Kelantan unless it contains the following particulars : (a) the names
of all the parties thereto; (b) the place or places where the service is to
be performed; (c) the nature of the service to be performed; (d) the description and amount of all emoluments receivable by the labourer under
the contract; (e) the amounts of all advances made to the labourer or
on his behalf on or previous to the execution of the contract ; (J) the term
of the contract which shall in no case be more than twelve calendar months
or 300 days' work ; (g) the date and place of its execution. (Kelantan :
Labour Enactment, No. 1 of 1912, sections 11, 12.)
The laws of several colonies provide for the redemption by the labourer
of the unexpired portion of his contract on payment of a sum of money
a t a stipulated rate. (Federated Malay States: idem, section 19, (1).
Fiji ;• Ordinance, No. 22 of 1919, section 2. Straits Settlements : idem,
section 194.)
A female immigrant thus redeeming her indenture in Fiji must first
obtain the permission of the Agent General. (Fiji : idem, section 2.)
In British Guiana any indentured immigrant who is married to a wife
or husband indentured on another plantation is entitled, upon giving
three months' notice to the employer, to determine his or her own indenture
on payment of the commutation money. Similarly a female immigrant,
on completing her indenture, may commute the indentures of her minor
children. (British Guiana : Immigration Ordinance, 1891, sections|177,178.)
In general the officer who has charge of the administration of the immigrant labour laws or the Governor of the colony has power to cancel the
indentures of immigrants on proof of ill-usage by the employer or nonfulfilment of contract. I n other cases contracts may be terminated by
mutual consent of employers and employed. The regulations for the termination of contracts are as follows :
Federated Malay States and Straits Settlements. Under the Netherlands
Indian Labourers' Protection Enactments of these States (section 18)
IMMIGRATION AND EMPLOYMENT CONTRACTS
225
it is provided that any contract of service with a Netherlands Indian
labourer may be determined under the following conditions : (a) by the
mutual consent of the parties with the approval of the superintendent;
(b) by the superintendent on proof that either party has failed to carry
out any material obligation imposed upon him by his contract or by the
enactment, or on proof that the labourer has become permanently incapacitated from fulfilling his contract or has been grossly neglected or ill-used
by his employer.
Fiji. The Governor-in-Council has power to cancel the indentures
of all or any of the Indian immigrants indentured under the. Indian Immigration Ordinance, 1891, but the employers must be compensated for
each immigrant whose indenture is thus cancelled. (Fiji : Ordinance,No. 22
of 1919, section 2.)
British Guiana. The Immigration Agent General may, at the request
of the employer and of the servant, make an order determining a contract
made under the Non-Asiatic Immigration Ordinance, 1890. By the Immigration Ordinance of 1891, as amended by the Ordinance No. 15 of 1906,
the Governor-in-Council has power to cancel indentures of all immigrants
employed on an estate if it seems desirable to do so. The Governor may
also cancel the indenture of an immigrant who has been ill-treated by his
employer. (British Guiana : Non-Asiatic Immigration Ordinance, 1890,
section 17,(1), and Immigration Ordinance, 1891, section 180, as amended
by Ordinance No. 15 of 1906.)
Jamaica.
By the Immigration Law, No. 23 of 1879, the Protector of
Immigrants may cancel the indentures of any immigrant when he considers
it desirable to remove him from the estate where he is employed (section 36).
He may also exempt from further service an immigrant who has become
permanently sick or infirm (section 38).
Trinidad and Tobago. The Protector may determine the indenture
of any immigrant, but only on condition that he transfers the immigrant
to any other employer who has asked for immigrant labour for the period
that remains under the old contract. (Trinidad and Tobago : An Ordinance
relating to immigration, 1916, section 201.)
Unfederated Malay States: Kedah, Kelantan, Perlis. By the Indian Immigration Enactments of these States it is provided that every contract,
written or verbal, into which an immigrant enters for the performance
of any form of labour shall be terminable by the immigrant or by the employer
by one month's notice. The notice may be either verbal or written. (Kedah:
Indian Immigration Enactment, No. 8 of 1328 (Mahommedan era), section 9.
Kelantan : Indian Immigration Enactment, 1901, section 10, Perlis : Indian
Immigration Enactment, No. 2 of 1329 (Mahommedan era), section 10.)
Instead of cancelling the services of an immigrant in British Guiana
and Jamaica in such cases as seems desirable, the Governor jmay transfer
his services to another employer for the remainder of his indenture. (British
Guiana : Non-Asiatic Immigration Ordinance, op. cit., section 16, (1). Immigration Ordinance, 1891, section 185. Jamaica: Immigration Law, No. 23
of 1879, section 36.)
If an estate changes hands in Jamaica the indentured immigrants may,
with the consent of the Protector, be removed to some other property.
If, however, they remain on the estate they are bound to render the same
service to the successor as to the original owner, and the law of British
Guiana likewise provides that in the event of a change of ownership the
immigrant must render the same service to the new employer. (Jamaica :
¿dew,section32. British Guiana .-ImmigrationOrdinance,1891,sectionl82.)
The laws of the Federated Malay States and the Straits Settlements stipulate
t h a t on the termination of his contract the labourer shall be brought before
the superintendent, who, on satisfying himself that the conditions of the
contract have been carried out, shall issue a certificate of discharge. A
certificate of industrial service is also issued in British Guiana and Jamaica
where a labourer cannot enter into a fresh contract without it. A fresh
15
226
EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS
contract in these last two colonies may not be for a longer term than twelve
months. (Federated Malay States; Netherlands Indian Labourers' Protection
Enactment, 1909, section 51. British Guiana : Immigration Ordinance
Amendment Ordinance, No. 9 of 1908, section 2. Jamaica : Immigration
Law,No. 23 of 1879, sections 41-43. Straits Settlements : Netherlands Indian
Labourers' Protection Enactment, No. 21 of 1908, section 51.)
Provision for the registration of contracts of labour by the Government
is made i n : North Borneo : Labour Ordinance, 1916, section 13; Federated
Malay States : Netherlands Indian Labourers' Protection Enactment, 1909,
section 1 1 ; British Guiana: Immigration Ordinance, 1891, section 58;
Straits Settlements : Netherlands Indian Labourers' Protection Enactment,
No. 21 of 1908, section 51.
GUATEMALA.—Immigration contracts are regulated by the Act of
30 April 1909 (sections 20-32), which states that such contracts may be
concluded by private persons and undertakings under the supervision of
the Ministry of Economic Development (Fomento). The necessary supervisory measures are carried out by the official immigration agents, and,
in their absence, by the consuls or consular agents acting as immigration
agents.
Contracts must be drawn up in triplicate, one for each of the contracting
parties and one for deposit in the official archives. The duration of a contract may not exceed four years, and wages must be paid in the currency
stipulated in the contract or in the usual national currency. I t is forbidden
to employ children under twelve years of age. The maximum working day
may not exceed eight hours.
The consular or immigration agents must verify the guarantees offered
by undertakings and private individuals engaging immigrants.
Contracts must be drawn up in the legally prescribed form; the officials
responsible for their supervision are required to make the necessary corrections ih all clauses which might undermine individual liberties, public morals
or the laws of Guatemala. No contract may be definitely concluded without
the permission of the Ministry of Economic Development.
Engagements concluded on behalf of the State are not subject to the
above-mentioned regulations, but they must in all cases receive the approval
of the Supreme Council or the competent Ministry.
HONDURAS.—Consuls appointed in the United States and Europe
may conclude, in accordance with instructions from the Government,
immigration and land settlement contracts with the subjects of the country
to which they are accredited.
The managers of agricultural and industrial undertakings may make
contracts with aliens only after obtaining the necessary authority from the
Government. Applications must state the name of the undertaking concerned, the number of immigrants required, their nationality, the nature
of the work proposed and the conditions attached to it. The Government
exercises the closest supervision over the fulfilment of contracts.
N E T H E R L A N D S : Dutch Indies.—According to Order No. 15 of
29 June 1925, respecting coolies from the West Coast of Sumatra, which
is quoted as a typical example of the regulations for coolies, the recruiting
of workers belonging to the Eastern native races * is allowed only in virtue
of a written immigration contract executed for a period of not more than
three years. Contracts of re-engagement may subsequently be entered
into for a maximum of thirteen months, or for a period of eighteen months
in agricultural undertakings, if, in order to cover the harvest period, a
prolongation is necessary, it being understood t h a t loss of time due t a
i See the definition of the term "eastern" in Chapter II, § 1.
IMMIGRATION AND EMPLOYMENT CONTRACTS
227
sickness, holidays, absenteeism and imprisonment be deducted from the
actual duration of the contract.
With the exception of contracts concluded in J a v a and Madura in accordance with the provisions governing engagements made there, immigration
contracts and contracts of re-engagement are valid only if they have been
made in the presence of the responsible official in the place of employment
and signed by him. Nevertheless, contracts of service may be executed
in certain foreign countries where, in the opinion of the Governor-General,
immigration is adequately supervised, but such contracts must be ratified
by the competent official before coming into operation. This official may
cancel them if they do not conform to the legal prescriptions or in cases of
coercion, error or deceit (section 7).
The registration fee for contracts is 2.50 florins and 1.50 florins for
re-engagement contracts. So long as a contract remains in force, the worker
concerned may not be engaged by another employer without special
permission (section 8). On the expiry of his contract, the worker is given a
discharge certificate drafted in accordance with an official model (section 14).
Besides mentioning the name of the employer, the worker and the undertaking concerned, the contract of service must embody details concerning
the nature of the work, its daily duration (ten hours per day, eight hours
at night, twelve hours in the transport services, eight and a half hours in
the mining industry, including the time occupied in going to the place of
work and in the distribution of the work), normal and overtime wages,
the amount of advances and subsequent deductions (which may not exceed
one-quarter of the pay due on pay days, except when the final settlement
takes place), rest days (at least two per month, apart from the special rest
periods granted to women workers), the provision of quarters and the necessary medical treatment for the immigrant and his family and the maintenance conditions df the immigrant's family in case of the head of the family
being affected by illness, the obligation to repatriate the workers and his
family (cf. Chapter X , § 3), and a number of other stipulations relating to
conditions of labour in case of cancellation of the contract, etc. If the
contract contains provisions in contradiction to the legal prescriptions,
such provisions are null and void, and only the other clauses remain in force.
The observance of engagements undertaken is ensured by a number of
penalties (sections 3 and 4).
An Order of 7 October 1911 states that voluntary immigrant workers,
generally of Chinese and Javanese nationality, are covered by special
protective measures, provided that they have not signed a special contract
which brings them under the regulations applying to coolies.
The employer is required to keep a register showing the names of all
alien workers employed, the dates when their contracts begin and terminate,
the wages and any advances accorded. He must pay the wages contracted
for at regular intervals, and may not make any deductions other than those
authorised by the courts of law, and which may not exceed one-quarter
of the wages due; he must provide the workers with suitable quarters, pure
drinking water, and the water necessary for baths. He is required to send
the worker home on the expiry or cancellation of his contract and must
provide the worker with the necessary medical treatment and drugs.
The Order of 28 May 1924 regulates the duration of contracts of voluntary workers, which are deemed to be concluded for three months in the
absence of definite stipulations. Such contracts are renewable by tacit
agreement for the same length of time.
Surinam.—According to the Royal Order of 3 May 1872 and subsequent
amendments, the contracts of'workers recruited for the purpose and according to the methods described in the previous section of the present chapter
("Recruiting") are executed by the immigration agents of the Surinam
Government in the places where recruiting takes place, or with the
permission and authority of such agents. All contracts must be explained
and translated to the immigrant and signed by them (or bear their mark).
228
EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS
I n addition to all clauses required by international agreements, the
contract must contain detailed information referring to the duration of
the engagement (the working year is reckoned at 300 days), the place of
departure, the destination, the probable duration of the voyage, daily
hours of work (which as a rule must not exceed eight in agriculture and ten in
factories) the exact rates of wages,and all other conditions (including quarters, which must be clean and healthy, and free medical attendance). When
the return journey is provided for, the contract must fix. the date on which
the immigrant is entitled to be repatriated, and, if he agrees to a Te-engagement, the conditions of the renewal of his contract, which must include
repatriation at a later date.
The contract must also mention that on the termination of his engagement the immigrant will be free to settle on the land put at his disposal
by the colonial authorities.
A Decree issued by the Government on 1 February 1921 deals with the
contract of native workers recruited in the island of Java. Such contracts
must be concluded in Java itself between the immigration agent of the colony
of Surinam on behalf of the Government of the colony and the coolies
agreeing to work in Surinam in an undertaking chosen for them by the
general immigration agent. The duration of the contract is fixed for five
years, at the end of which the worker is repatriated unless he renews his
contract. During his term of engagement, the worker may be hired out
to private undertakings, his maintenance during any periods of unemployment being assured by the Government; the worker remains at the
Government's disposal in such circumstances. The Decree also lays down
the hours of work to be performed by the worker, and defines the conditions of his board and lodgings and the grant of the necessary medical treatment. The employer and the worker are liable to legal penalties if they
infringe the provisions stipulated in the contract.
PORTUGAL : Colonies.—Contracts concluded with agricultural
workers and settlers from foreign, countries must conform to the provisions
of thé Decree of 14 October 1914 respecting Portuguese colonial subjects,
and to the legislation of the country of origin. They are executed under
the supervision of the Curator-General and may not contain any clauses
contrary to the terms of the Constitution of the Portuguese Republic.
The Portuguese consuls or consular agents in foreign ports of embarkation
and, in their absence, the agents in the nearest town, must countersign
all contracts concluded with natives of the country to which they are
attached,and must certify that all such contracts are in accordance with the
laws Of the country. When the workers recruited abroad arrive in a Portuguese colony, the Curator must satisfy himself that the immigrants have
come ' to the colony of their own free will, and that their contracts
provide for their ultimate repatriation at the expense of the employer;
recruiting agents may not be present when the Curator is making the
necessary enquiries. When satisfied, the Curator attests and registers the
contracts.
SERB-CROAT-SLOVENE KINGDOM.—According to the Regulations of 24 November 1925 (section 17), employers must sign a contract
with all workers they engage, guaranteeing them equality of treatment
with national workers of the same trade and skill. The contract shows
the workers' right to the payment of their passage money, and the amount
of the refund to be made in this connection. Clauses regulating hours of
work must conform to the provisions of the national laws for the protection
of labour which deal with hours of work.
The contract must be drawn up in triplicate and countersigned by the
police ; one copy must be deposited with the competent factory inspection
authorities within fifteen days after the alien worker concerned takes
up his duties, and each of the contracting parties is given one copy.
IMMIGRATION AND EMPLOYMENT CONTRACTS
229
U N I T E D STATES.—Contract labourers, that is to say, persons who
have been induced, assisted, encouraged or solicited to go to the United States
by offers or promises of employment, or persons who go in consequence of
advertisements tor labourers issued in a foreign country, are prohibited
from entering the United States unless they can produce satisfactory
evidence that they are (a) professional actors, artists, lecturers, singers
or nurses, (b) ministers of any religious denomination, (c) professors
for colleges or seminaries, (d) persons belonging to any recognised learned
profession, (e) persons employed as domestic servants, (f) otherwise admissible skilled labour if labour of like kind unemployed cannot be found in
the United States, and (g)exhibitors and employees of fairs and exhibitions.
Applications for permission to import otherwise admissible skilled labour
must be submitted to the immigration official in charge of the district
within which it is proposed to employ such skilled labour. The application
must be in the form of an affidavit and must state clearly all facts and
circumstances material to the case, including (a) the number and sex of
the persons, (b) a description of the work they are to do, (c) whether the
industry is already established or is new intheUnitedStates, (d) the approximate length of time required for one to become skilled in the trade,
(e) the wages paid and hours of labour required, (f) whether there is a strike
or lock-out in the business concerned, (g) what city constitutes the centre
of the trade in the United States, (h) whether there are any journals specially
devoted to the industry, and (i) the nature of the efforts made to secure
the desired labour in the United States and the results of such efforts.
The immigration official in charge conducts a thorough investigation
of the application and forwards his report to the Bureau of Immigration
for decision.
Employers of skilled labour who desire to train aliens in their establishments may be allowed to do so, provided that these aliens, who are known
as student labourers, are admissible in every other respect, except that
they migrate under contract, and provided t h a t a bond is furnished for
each such alien in the penalty of not less than £500 guaranteeing that he
will leave the country immediately upon the conclusion of his course of
training.
Exhibitors and holders of concessions or privileges for any fair or exhibition may take into the United States under contract alien mechanics,
artisans, agents and other employees. Such aliens, unlike others exempted
from the contract labour provisions, are also exempted from the illiteracy
test. (Immigration Act, 1917, section 3, and Rules of 1 March 1927, Rule 8.)
VENEZUELA.—-Companies and private persons may be authorised
to conclude contracts with immigrants, either through the medium of the
Government immigration agent or directly, provided they conform to the
prescriptions of the law.
Contracts may be concluded for a period not exceeding four years for
agricultural workers, two years for industrial workers, and one year for
domestic workers and salaried employees.
Wages must be payable weekly and in cash, and contracts must stipulate
if board is included ; if the contract is silent on this matter, board is taken
for granted. Free quarters must be provided for the workers' families for
one year.
Contracts concluded for work on estates and agricultural undertakings
must stipulate that suitable agricultural land of at least four hectares will
be put at the disposal of each family and that the necessary advances will
be granted for the building of a dwelling-house, and the purchase of implements, seed, and animals. The value of the allotment is estimated on the
worker taking it over; at the end of his contract the worker may buy the
allotment for the estimated price or claim a sum equivalent to the improvements he has made on it. In order to allow them t o cultivate this land,
families engaged in agricultural undertakings may not be compelled to work
230
EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS
more than four days a week during the harvest, and not more than three
days a week during the rest of the year.
All contracts must be made in. triplicate and one copy sent to the central
immigration committee.
Companies and private persons not authorised but who desire to
treat with prospective immigrants must apply to the central immigration
committee stating the number of workers they require, their trade, race,
nationality, age and sex, hours of work, rates of wages offered, the kind
of quarters available, and promising to pay the cost of the workers' journey
from the port of disembarkation to the destination.
The proposals are transmitted to the persons concerned by the immigration agent abroad, and the contract is signed before the consul by the
future immigrant and the recruiting agent on behalf of the applicant.
If the consul also performs the functions of recruiting agent, the contract
must be signed in the presence of the consul of a friendly nation.
The cost of the contract is borne by the contracting party in Venezuela.
(Act of 26 J u n e 1918, sections 20, 21, 26, 27, 28, 29.)
§ 4.—Placing of I m m i g r a n t s
The placing of immigrants in employment may take place
at three distinct periods. In the first place a person intending
to emigrate may endeavour to obtain suitable work in the country
to which he is proceeding, prior to leaving his home; secondly,
he may search for work on arrival at his destination; and finally,
once established in the country, circumstances may lead him
to desire to change his employment.
As a general description. of the methods adopted to place
aliens in employment has already been given in this chapter
(cf. § 1, "Employment of Alien Workers"), the present part
of our study deals mainly with the departments responsible
for this work, and the factors which differentiate the placing
of alien workers from the finding of employment for national
workers.
ARGENTINA.—Section 9 of the Act of 1876 states that the Immigration Office in Buenos Ayres and the immigration committees in the various
districts must, when necessary, have a well-organised employment exchange
managed by officials whose number depends on the Finance Act. I t is
the duty of such officials :
(1) To receive applications from craftsmen, journeymen and workers;
(2) To arrange advantageous terms for immigrants and to see that they
are placed with respectable persons;
(3) To exercise, a t the immigrant's request, the necessary supervision
over the execution of contracts, and to make sure t h a t the employers
carry out the stipulated conditions;
(4) To keep a special register showing the number of persons placed,
the date when they were placed, the work demanded of them, the
conditions of the contract, and the names of the contracting
parties.
231
PLACING OF IMMIGRANTS
I n districts where there is no employment exchange, these duties are
performed by the immigration committees (section 11).
Act No. 9148 of 25 September 1913, respecting the organisation of
public employment offices, and the administrative regulations of 9 November 1915, empowered the executive power to co-ordinate the work of the
employment offices and the official immigration agencies. With this
end in view, the Labour Department was ordered to get in touch with
the local labour offices maintained by the provinces and communes, and
the other employment offices set u p by charitable institutions, mutual-aid
societies and the trade unions, and subsidised by the State. In 1927, the
number of public employment offices established in accordance with the
Act of 1913 was 34. There are also a number of fee-charging employment
agencies, but these are subject to registration and their activities are supervised by the Government.
As has already been pointed out, the immigration committees organise
the placing of immigrants in districts where there is no employment office.
But it is the employment service of the Labour Office attached to the Immigrants' Hostel which bears the brunt of the work of placing immigrants
during the five days following their arrival, when they are lodged and fed
free of charge in the hostel; no pressure is, however, brought to bear on immigrants. I n this case, the cost of their journey to their destination is met
by the Government.
The travelling expenses of immigrants formerly
established in the country are, however, payable by the employers, as
in the case of nationals. According to a communication from the Ministry
of Foreign and Ecclesiastical Affairs, dated 4 J u l y 1927, identical methods
are employed for the placing of alien and national workers.
AUSTRALIA.—Employment exchanges are available to newly-arrived
immigrants on the same conditions as to Australian citizens. (Reply of
the Australian Government to the Questionnaire of the International Labour
Office, 1921.)
The placing of selected women, whether married or single, is in the hands
of the immigration officer in each State K
In Queensland, the central office of the New Settlers' League gives advice
or assistance in the way of securing employment or otherwise.
In New South Wales applicants for employment are referred to
the officer of the Government exchange who deals with their particular
occupation.
I n Victoria the immigration officials allot situations to the "selected"
migrants.
In Western Australia vacancies are allotted at the immigration depot
at Fremantle to migrants who need employment 2 .
BELGIUM.—-According to a communication received from the Belgian
Government in 1927 no difference is made between alien and Belgian workers
in the regulations for placing persons in employment, and all classes of employment offices, whether official or private, are open to alien workers.
(Cf. also § 2, of the present chapter.)
BOLIVIA.—The Immigration Act of 20 January 1927 mentions the
placing in employment of workers and persons of all trades among the
functions of the Immigration Office. The provincial immigration committees must assist the Office in placing persons in employment in their
respective territories.
1
G R E A T B R I T A I N : Report of the British
Cmd. 2132, p . 85. Loudon, 1924.
2
Ibid.
Oversea Settlement
Delegation
to
Australia.
232
EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS
BRAZIL.—Immigrants who wish t o work in agriculture or industry
may apply for suitable employment to the Federal Information and Employment Oftice in Rio de Janeiro; this Office is also required t o give verbal
or written information on the labour requirements and conditions of labour
in the various districts of Brazil.
According to instructions issued on 30 J u n e 1925, immigration inspectors
in the ports of disembarkation must supply the press with a daily report
showing the demand for and supply of labour, and t h e different lands
available for settlement purposes (section 8).
In t h e State of Säo Paulo, when an immigrant is engaged through the
Official Employment Office attached to the Immigrants' Hostel, the contract
must be executed before the official in charge of the Office. The worker
then receives a labouT book (caderneta), which serves as a proof of his
engagement in case of a dispute arising with his employer. (Cf. § 2 and § 3
of this chapter.)
BULGARIA.—Section 3 of the Employment Exchanges and Unemployment Insurance Act of 12 April 1925 states that aliens have the right t o
avail themselves of the employment exchange service if Bulgarian nationals
have the same right in the country of origin of the aliens concerned. Section 27 of the same Act stipulates that t h e placing of wage-earning and
salaried employees from abroad may be undertaken only with the approval
of the Ministry of Commerce, Industry and Labour.
CANADA.—By the Immigration Act of 1910-1924, t h e Governorin-Council is empowered t o make such regulations as are deemed expedient
to safeguard the interests of immigrants seeking employment from companies, firms or persons carrying on the business of intelligence officers or
employment or labour agencies a t any place in Canada (section 66). Besides
the public employment service, which is open t o all people irrespective
of race or class, t h e placing of immigrants is effected through t h e Land
Settlement Branch of t h e Department of Immigration and Colonisation,
the Women's Division of the Department of Immigration and Colonisation,
and sometimes through the Canadian Pacific and Canadian National Railways 1.
Children aie brought from the British Isles by philanthropic societies
and are placed by the societies, under the supervision of the Supervisor
of Juvenile Immigration at Ottawa 2 .
CHILE.—The employment exchanges are available to immigrants on
the same conditions as t o national workers. They are required t o provide
transport facilities for persons who express a desire t o proceed t o a district
where there is a shortage of labour.
COLOMBIA.—Immigration committees set u p in the principal towns
are responsible for placing immigrants in employment and for making
the necessary arrangements for their journey from the coast t o their
destination. Immigration committees in the frontier stations are required
to provide immigrants with useful information concerning their settlement
and, on' demand, t o p u t immigrants in touch with likely employers. (Act
No. 114 of 30 December 1922, sections 6 and 7.)
FRANCE.—Workers m a y be placed in employment either on arrival
at the frontier stations or in the interior of the country.
1
GREAT BRITAIN,
O V E R S E A S E T T L E M E N T COMMITTEE : Handbook
on
the Dominion
of-
Canada, p . 15. London. 1927.
2
G R E A T B R I T A I N , O V E R S E A S E T T L E M E N T COMMITTEE : Report of the British
ment Delegation to Canada. Cmd. 22S5. London, 1924.
Oversea
Settle-
PLACING OF IMMIGRANTS
233
At the frontier stations arrangements are made through an official of the
Foreign Labour Department of the Ministry of Labour, or an official of the
Ministry of Agriculture when agricultural workers are concerned. These
officials provide immigrants arriving without a contract of employment
with a list of offers of employment known to them, after having first verified,
by means of the documents in the possession of the immigrants, their ability
to perform the work offered, and after having made sure through the competent departmental employment office that the admission of alien labour
will in no way upset the equilibrium of the labour market in the district
concerned. Immigrants accepting the conditions offered are engaged by
these officials and sent to their future place of work, after receiving a -safe
conduct.
In the interior of the country, aliens are placed in employment through
the local employment exchanges. The official employment exchanges
maintain contact with one another and with the departmental and district
offices in order to satisfy offers of and demands for employment in the
various departments and districts. Joint committees composed of workers
and employers representing the trades concerned are attached to the more
important employment offices. In all cases the placing of alien labour
depends entirely on the state of the labour market, and preference is always
given to national workers (cf. Chapter I, § 3, "Distribution of Immigrants").
Algeria.—The local public offices of the Employment Exchange service
keep the Government authorities informed of the labour requirements
of the country, and thus facilitate the regulation of alien immigration
into the colony (cf. Les Lois ouvrières et les Institutions sociales en Algérie,
published by the General Government of Algeria).
Tunis.—An employment office was set up by Presidential Decree on
6 J u n e 1919. This department is required to centralise and to deal with
all applications for labour and employment, with a view to populating
the Regency. The office acts as a n intermediary between employers and
workers, and procures the labour required by the former and the work
wanted by the latter. I t also serves as a centre where agreements can be
concluded with more despatch than by correspondence. The work of the
office is supervised by representatives of the Chambers of Commerce and
Agriculture. (Bulletin du Ministère du Travail, October, November, December, 1922, p. 384.)
GREAT BRITAIN.—The reply of the British Government to the
questionnaire issued in view of the International Emigration Commission,
1921, states that the official employment exchanges are available for aliens
permitted to work in accordance with the provisions of the Aliens Act,
1920, on the same terms as British subjects.
GUATEMALA.—The Act of 30 April 1909 states that the immigration officials in the ports and frontier stations must take the necessary
steps to provide immigrants arriving without a contract with work suitable to their trade or profession (section 13).
HUNGARY.—Subject to the regulations governing the admission of
alien workers, immigrants may avail themselves of the employment
exchanges of the province in which they arrive, and of the exchanges set up
by the employers' or workers' associations.
NETHERLANDS.—The employment office set up in Oberhausen
in 1907 by the Association of Labour Exchanges, and subsidised by the
State for the express purpose of placing Dutch subjects in Germany, also
finds employment for aliens, especially Germans, desiring to settle in the
Netherlands. (Communication received from the Netherlands Government
234
EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS
in 1921 and Report of the Official Unemployment Insurance Service for the
year 1924.)
NORWAY .—The employment offices may be required to supply the
police with a list of all foreign, persons applying for work or placed in
employment through their efforts. (Act of 22 April 1927, sections 24 and 25.)
POLAND.—The employment exchanges are available to aliens on the
same conditions as to Polish workers.
<>
RUMANIA.—Persons may be placed in employment only through
the medium of the official employment offices, as" all commercial transactions in connection with such work are forbidden by law. The employment
offices are available to all workers irrespective of sex, nationality, age,
religious beliefs or political opinions.
Alien workers aTe placed mainly through the Central Office of the Employment Exchange Service.
The admission of alien workers is subject, however, to prior authorisation from the Ministry of Labour (ef. Chapter VI, § 1). (Act of 22 September 1921, sections 2, 17 and 40.)
SWEDEN.—According to a communication received from the Swedish
Government in 1927, aliens authorised to work in the country (cf. Chapter I I I , § 1, (g)) may avail themselves of the public employment offices
on the same conditions as national workers.
URUGUAY.—Since 1924, the placing of immigrants, which was previously entrusted to the Labour Office, has been transferred to the Immigration Office. An Employment Office has been attached to the Immigrants'
Hostel in Montevideo, and is empowered to find Work for all classes of aliens.
To facilitate this work, the Office sends a daily list of offers and demands
to the press, which publishes them free of charge. I n registering with
the Office, applicants for work must give the following details for insertion
in the official register: date of application, name, age, nationality, work
required, domicile, country of origin, etc. Applicants then receive a certificate which contains a brief summary of these details and the contents
of any certificates presented by them. Once provided with this document
the immigrant may apply to any employer seeking workers, or he may
be asked to call at the office when a suitable offer of employment is received.
Placing may also be undertaken by private and commercial agencies
subject to official supervision, by philanthropic institutions, and by the
immigrants' mutual-aid societies.
VENEZUELA.—In virtue of the Act of 1918 a Central Immigration
Office was established in Caracas and local immigration offices in the capitals of the various Venezuelan States. The principal duty of these offices
is to procure suitable work for aliens arriving in the country without a
contract.
With this end is view they are authorised to receive offers of employment
from agricultural and other employers (section 3).
§ 5.—Assisted I m m i g r a t i o n
The term "assisted immigration", or "subsidised" immigration as it is sometimes called, is often used to describe
immigration which takes place wholly or partially at the expense
ASSISTED IMMIGRATION
235
of the Government of the country of destination, and as the cost
of oversea migration is often rather high this is a very efficient
method of stimulating immigration. A large number of the
younger nations have in the past adopted a system of assisted
passages, and the majority of the immigration and settlement
laws of the South American countries show traces of this policy.
Nowadays, however, provisions of this nature which subsist
in existing legislation are rarely applied on account of the
opposition encountered to the scheme in emigration countries
where the law often prohibits the departure of persons receiving
such aid, or because the immigration countries themselves
have found the scheme difficult to apply. One of the main
drawbacks to assisted immigration is that it is likely in the main
to attract only the poorer classes and persons who, dazzled by
the offer of certain material advantages, decide to emigrate
without giving any serious consideration to the great efforts
required of them later when faced with the numerous difficulties
connected with settlement in a strange land. For these reasons
public opinion in many countries has decided in favour of voluntary immigration, which requires hardy decisions from the
individuals (e.g. the risk of a considerable sum of money,
which sometimes represents their total worldly possessions) and
thus furnishes proof of their energy.
Some countries have, however, kept to the old system for
the introduction of alien labour, such being the case especially
in Asia, while others, with a view to promoting the immigration
of selected persons, have combined it with the nomination
system, which gives them more latitude in selecting assisted immigrants, as these are proposed by persons already settled in the
country or by local bodies such as the churches, societies,
clubs, etc. It is along such lines that assistance is often conceived
in the migration schemes arranged between British countries
in virtue of the Empire Settlement Act. In numerous instances
schemes are adopted to encourage the immigration of young
persons, who receive preliminary training in a training farm where
their ability is thoroughly tested. I t should be observed that
in many cases the cost of the British schemes of assisted immigration is borne jointly by the two countries concerned, namely,
Great Britain and one of the Dominions.
Somewhat similar to State-assisted immigration is immigration
236
EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS
assisted by the employers, who are required by law to pay the
passage of all alien workers whom they bring into the country.
The fact that assistance given by the employer has in many
cases taken the place of State aid shows the really close
resemblance between the two methods.
A certain number of treaties and agreements respecting the
recruiting af alien workers mention this obligation, as do the
model contracts adopted by the large industrial undertakings
with the consent of the Governments concerned. Some agreements and model contracts merely provide for the advance of
the passage money, which is ultimately repaid by means of
deductions from wages, although it is to be noted that in certain immigration countries, just as in certain emigration countries,
the advance of passage money and the payment of such expenses
is forbidden by law. In the present chapter the term "assisted
immigration" is taken in its narrow meaning, and only applies to
advantages granted in connection with the journey, although a
number of other privileges are frequently open to immigrants and alien workers. These are, however, dealt with in
Chapter XI.
BRITISH EMPIRE MANDATED TERRITORY (Under Australian
Administration) : Nauru.—The British Phosphate Commission provides a
free passage for Chinese labourers from China to Nauru or Ocean Island
and pays the costs of their return passage to Hongkong. (Report to the
Council of the League of Nations on the administration of Nauru during
the year 1923.)
N E W ZEALAND M A N D A T E D TERRITORY : W e s t e r n S a m o a . —
The Government of Western Samoa undertakes to pay the cost of passage
of Chinese labourers to and from the Mandated Territory. (Fifth Report
of the Government of New Zealand on the administration of Western Samoa
for the, year ended 31 March 1935.)
ARGENTINA.— The Act of 1876, of which the fundamental provisions
are still in force, states that the various resources earmarked for immigration purposes may also be used to refund the cost of immigrants' passages
and to cover the cost of their transport by the licensed undertakings
(section 56, subsections (a) and (b)). Sections 84 and 88 of the
same Act stipulate that such grants are to be reserved mainly for families
of settlers recruited by the Land Settlement Office for settlement on
certain lands, but, although these provisions have never been cancelled, the Argentine Government has ceased for many years to subsidise
immigration.
AUSTRALIA.— The Governments of the United Kingdom and Australia
have arranged a joint scheme under the British Empire Settlement Act,1922,
for the assisted migration of suitable persons from the United Kingdom
ASSISTED
IMMIGRATION
237
to Australia. Applicants approved under this scheme are normally given
assisted passages at the following rates :
Married couples (including widows or
widowers) with a t least one child under
19 years of age
£11 each parent
Women household workers
Free
Other adults
£16 10s.
Juveniles of 17 and 18 years of age
£11
Boys and girls from 12 years of age up to
their 17th birthday
£5 10s.
Children under 12 years of age
Free
Loans may be granted towards part, or in special cases the whole, of the reduced fare, if required. Persons granted assisted passages must guarantee
that they will remain in Australia for at least two years : otherwise the
full amount of assistance under the Empire Settlement Act must be
refunded.
Persons entitled to assisted passages are either selected or nominated.
Selected immigrants are recruited abroad by the agents of the Commonwealth Government, and must belong to one of the following classes :
farmers, persons without agricultural experience but with capital who
wish to take up farm work, experienced farm labourers, men up to the
age of normally twenty-five to thirty without farming experience, who are
able and willing to take up farm work, lads for farm work, domestics,
special artisans unobtainable in Australia.
Nominated immigrants are those nominated by persons resident in Australia, and the nominators must submit their applications through the
officers in charge of the State immigration offices in the various capital
cities, and become responsible for their nominees on arrival so that they
shall not become a burden on the State. Persons previously resident in
Australia are not eligible for assistance under the Assisted Passage Scheme.
All States in Australia grant free fares on their railways to assisted migrants
proceeding to their first situation or joining their nominators.
The States of Queensland, South Australia and New South Wales have
schemes for the care and apprenticeship of boys willing to take u p farm
work, and the boys receive the advantages of the assisted passage rates
and free railway fares to their place of employment (see Chapter V, § 2) K
BOLIVIA.—Section 28 of the Immigration Act of 20 January 1927
states that funds earmarked for promoting immigration may be used to
pay private companies for immigrants' tickets.
BRAZIL.— Assisted immigration has for a long period been one of
the characteristic features of the Brazilian immigration policy. Nevertheless
the legislative provisions summarised below have often been suspended
in recent years, although they have never actually been repealed 2.
Federal Regulations approved by Decree No. 9081 of 3 November 1911
empower the Government, in so far as voluntary » immigration is insufficient, to take steps in conjunction with the separate States of the Union
and independently of any other action undertaken by these States, to
1
Official Year Book of the Commonwealth of Australia, No. 20, 1927, p . 89G, and
OVERSEA SETTLEMENT DEPARTMENT : Handbook of the Commonwealth of Australia, London,
revised to 1 J a n . 1927.
2
I n 1924 however, t h e Federal Budget included an estimate oí 10,000 contos to subsidise t h e immigration of families of agriculturists arriving from Europe. (One conto =
1,000 milreis, or 625 gold francs.)
3
This t e r m is used in opposition to assisted immigration t o denote immigration which
takes place a t the i m m i g r a n t ' s own expense.
238
EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS
encourage the admission into the country of immigrants who satisfy the
required moral standards, who, being skilled agricultural workers, arrive
with their family or at the request of their family, and who intend to settle
in the country as peasant proprietors. Such persons are granted a free
third-class ticket from the port of embarkation to Rio de Janeiro or any
other national port in which services for the reception and housing of immigrants have been organised (section 5).
In exceptional circumstances the Government may also bring into the
country at its own expense skilled agricultural workers and other immigrants belonging to any trade or nationality for employment in the construction of railways, public works, etc. (sections 4, 5, (1), and 8). Immigrants
thus introduced must satisfy the general regulations governing admission
and any special regulations laid down by the representative of the Brazilian
Government appointed to examine their papers prior to departure, to
countersign such papers and to issue tickets to accepted immigrants for
one of the shipping companies chartered by the Brazilian Government
(sections 16 and 20).
The Union authorities are also empowered to refund the price of a thirdclass ticket from the port of embarkation to the destination to all agriculturists voluntarily immigrating in family groups which must contain
at least three persons aged between twelve and fifty years, and who desire
to take up land in Brazil. This privilege may be claimed at any time within
two years after arrival in the country (section 12).
The different Brazilian States practise some form of assisted immigration.
The State of Säo Paulo adopts this system to a greater extent and more
regularly than the other States 1. Decree No. 2400 of 9 July 1913 respecting
immigration and land settlement deals at length with assisted immigration.
I t is stipulated therein t h a t the Government may, when it sees fit, accept
responsibility for the whole or part of the cost of introducing workers or
settlers to whom land has been granted. Only families of agriculturists
of good physique and morals are entitled to this privilege, and must include
at least three working members, aged between twelve and forty-five years.
Notification of the number of immigrants which it is desired to introduce
into the country in these conditions must be given to the recruiting agents
(introductores) with whom the Government of Sâo Paulo has relations and
who act on its behalf in the emigration countries. These agents require
intending immigrants to produce documents showing their qualifications,
and have them visaed by the Government Commissioner at the for port of
embarkation. The Government of Säo Paulo may also conclude contracts
with these agents for the admission of a given number of emigrants ; the agents
make the necessary cash advances which are refunded to them within sixty
days after the arrival of the immigrants, provided t h a t such immigrants
satisfy the prescribed requirements (sections 16-42).
The Government may also finance the cost of introducing immigrants
applied for by settlers already established in the land settlement centres,
or by agricultural proprietors. Applications must be addressed to the
Official Employment Office of the Ministry of Agriculture (Agenda official
de Collocaçao) ; security may be required from applicants (sections 72-79).
The Government is further empowered to refund the cost of a thirdclass passage to agricultural workers and settlers brought into the country
by private initiative (section 87), to voluntary immigrants coming under
the conditions specified above, and, in exceptional cases, to unmarried
persons under twenty-one years of age who are coming to join their parents
(sections 101-111).
Finally, the Säo Paulo Government promotes the development of immi1
According to information receiveo. in NOT. 1927, the State of Säo Paulo would appear
to have suspended for the time "being the granting of assisted passages to immigrants
going there.
ASSISTED IMMIGRATION
239
gration by granting subsidies to shipping companies which provide reduced
passages for certain classes of immigrants (families of agricultural workers,
carpenters, masons, wagoners, blacksmiths, labourers and domestic
servants) (sections 43-45).
I n the State of Bahia, the administrative regulations framed for the
enforcement of the Immigration and Settlement Act (No. 1729 ot 4 January
1926) divide immigrants into five classes, namely, voluntary immigrants
arriving in the Port of Bahia at their own expense, and four other classes
of assisted immigrants according to whether'the subsidy is granted by the
State of Bahia, private individuals, the Federal Government, or jointly by
the Federal Government and the Government of Bahia. I t is also laid
down that immigrants arriving under a contract concluded with the Federal
Government or the State of Bahia and who have relatives abroad who
wish to come voluntarily to Bahia may request the Government to pay
their passage at the State's expense. Voluntary immigrants may make
a similar application for relatives who desire to settle in Bahia (sections 64
and 65).
The cost of the journey from the port of landing to the capital of the
State may be refunded to voluntary immigrants who arrive in a family
group consisting of at least three persons over twelve years of age and capable
of work and to unmarried persons under twenty-one years of age who are
coming to join their family established in Bahia (section 73).
In the State of Fernambuco the Act of 9 April 1925 entitles persons who
can produce .authentic documents showing their right to admission to
claim a refund of a third-class passage ticket. Landowners and societies
who receive and employ agricultural immigrants are granted a bonus of
five contos for every twenty families placed by them to cover expenditure
incurred by the introduction of such families.
I n the State of Minas Geraes, the regulations approved by Decree
No. 6990 of 24 September 1925 stipulate that immigrants may be admitted
to the State for specified work or to settle on free lands or in settlement
centres as voluntary immigrants, or in virtue of a contract concluded
between the State and the persons concerned, or at the initiative of the
Brazilian Union to which the State of Minas Geraes refunds a part of the
resulting expenditure which is fixed by prior agreement (section 1).
Free transport facilities may be granted to immigrants and workers
who have concluded a contract through the medium of the Ministry of
Agriculture (section 167).
I n the State of Bio Grande do Sul the system of assisted immigration
established by Act No. 367 of 5 March 1857 was abolished by Decree No. 2098
of 13 J u n e 1914 and replaced by a system of voluntary immigration.
CANADA.— The following assisted passage schemes have been agreed
to, with a view to encouraging immigration from Great Britain :
(a) Children over fourteen and under seventeen proceeding under the
auspices of a recognised child migration society receive a free grant towards
transportation expenses, etc.
(b) An agreement has been concluded between the British and Canadian
Governments and the transatlantic shipping companies, providing that
persons from Great Britain proceeding to Canada under the British Empire
Settlement Act, 1922, are able to travel to the Eastern ports of the Dominion for £2, and to other centres in Canada for sums ranging from £3 to
£8. These rates are applicable to : (1) married men with farming experience,
(2) single men with farming experience, (3) women with some household
experience between eighteen and forty-eight years, (4) married men and
single men without farming experience going on the land in Canada, provided
they aTe nominated by friends or relatives in Canada for definite agricultural employment. Classes (1), (2) and (3) must be nominated by friends
or relatives in Canada ; failing that they can be nominated by the Canadian
Government. A limited number of suitable single men between twenty
240
EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS
and thirty-five years without farming experience may also be nominated
by the Canadian Government. Children under seventeen going as members
of a family travel free. Families, and women who are proceeding as household workers, may in special cases be granted loans of the whole or part
of the passage money 1 .
COLOMBIA.—The Act of 30 December 1922 states that immigrants
who fulfil the conditions of admission may be granted assisted passages from
the available sums at the disposal of the Immigration Fund (section 12).
o
CUBA.—Order No. 155 of 15 May 1902 makes it illegal for any private
person or undertaking to make advance payments of any kind to cover
the cost of the passage of an alien immigrant with a view to assisting his
emigration to Cuba (section 3).
In order to encourage the immigration of agricultural workers, however,
the Immigration Act of 11 July 1906 authorised a grant of 1,000,000 pesos
to provide free transport facilities for such workers, and required the executive power to include the necessary estimates in subsequent budgets.
According to this Act, landed proprietors wishing to employ aliens have
to apply to the Ministry of Agriculture, enclosing a list of the number of
families they are prepared to accept, and a copy of the contract proposed
to ensure stability of employment. The consular agents of the Republic
are responsible for the registration and embarkation of the immigrants.
In order to be eligible for assisted passages, which are grantéS only within
the limits of the credits voted, immigrants have to prove that they had
been employed in agriculture in their native country (section 5).
The Regulations of 20 August 1910 on the settlement of agricultural
workers state that all immigrants who can show proof of good conduct,
and of the fact t h a t they have been actively employed in Cuba on agricultural or mining work for the last two years, may request the Ministry
of Agriculture, Commerce and Labour to grant free transport facilities
to their wives and sons living abroad. Immigrant settlers established for
a t least two years on State settlements or in private undertakings are
entitled to have other members of their family brought to Cuba at the
expense of the State.
FRANCE : Colonies.—It is stated in section 1 of the Decree of
15 February 1852 t h a t immigrant agriculturists and workers under contract
may be admitted into the colonies at the employer's expense or with the
help of public funds and the funds at the disposal of the local immigration
authorities. The latter funds are derived from various sources, such as
the registration fees payable on admission and the annual taxes payable
by employers in proportion to the wages earned by each worker in their
service. At present, however, subsidies to assist migration to the colonies
are no longer provided for in the State budget, and in consequence recent
Decrees regulating immigration in the various colonies (e.g. the Decrees
of 6 May 1903 and 24 February 192.0, applying respectively to Madagascar
and the French Establishments in Oceania) stipulate that all expenditure
incurred by the introduction of immigrants, and quarantine and hospital
expenses on arrival, are to be defrayed by the employers and other persons
who bring immigrants into the colony. A receipt showing that all charges
have been duly paid must be presented to the Immigration Department
before any distribution of the immigrants among the employers can take
place (sections 13 and 19).
I n some cases, however, the local -colonial budgets make provision for
assisted immigration. For example, a local Order issued on 16 May 1925
1
OVERSEA SETTLEMENT DEPARTMENT : Handbook on the Dominion of Canada. London,
revised to 1 Jan. 1927.
ASSISTED IMMIGRATION
241
in the Establishments in Oceania granted the Agricultural Fund a subsidy
of 115,000 francs to help to bring Indo-Chinese labour into the colony.
G R E A T B R I T A I N : Colonies.—Borneo-Brunei. Any Indian immigrant who has received a free passage from India under promise to labour
in the State and who neglects or refuses to proceed to his place of employment is liable to pay the Controller the sum of $20.
If it appears to the Controller that any female immigrant tendering
the sum of $20 in redemption of her contract is in the control or custody
of any person, the Controller may refuse to allow her to redeem her contract
unless security is given that she will not leave the State without the previous
consent in writing of the Controller, and shall not be disposed of as a prostitute or for immoral purposes, and shall be produced before the Controller
when he so requires.
(Indian Immigration Enactment, 1924, section 18, (1), 19.)
Federated Malay States. By the Labour Code Ordinance, No. 18 of 1923,
any Chinese immigrant found on arrival to be indebted for passage money
or advances may be detained until he has made arrangements satisfactory
to the Protector for the repayment of his debt (section 27). Any indebted
immigrant who has obtained passage money or advances by a promise
to find on his arrival someone in the Federated Malay States to repay such
money and who is unable to fulfil his promise may, at the discretion of the
Protector of Chinese immigrants, be released or sent back to China at the
expense of and with the consent of his creditor (section 28). Indian immigrants are taken to Malaya at the expense of the Immigration Fund for
work on estates, mines, etc. Any such immigrant may be detained in a
depot until he can be forwarded to his destination (section 36, (i)). If
he neglects or refuses to proceed to his place of employment, he is liable
t o pay to the Controller the sum of $20 or such less sum as the Chief Secretary to the Government may order (section 48, (i)).
I t is provided, however, that when it appears to the Controller that
any female immigrant tendering a sum in redemption of her obligation to
labour in the colony is in the custody or control of any other person, he
may refuse to accept the sum until the person in whose custody and control
the female immigrant appears to be has given a reasonable security to the
Controller that she shall not leave the Federated Malay States without
the previous consent in writing of the Controller and shall not be disposed
of as a prostitute or for immoral purposes, and that she shall be produced
before the Controller whenever he so requires. I n default of this security,
the Controller may order the repatriation of the immigrant (section 49).
The laws of the Straits Settlements and the Unfederated Malay State
of Johore make similar provisions for the immigration of Chinese and Indian
labourers who have received assisted passages under promise to labour
in these colonies. (Straits Settlements : Labour Code, No. 14 of 1923.
sections 63, 64, 65, (i), 86, 87. Johore : Labour Code, No. 10 of 1924"
sections 24, 27, 28, 46, (i), 48, (i), 49.)
GUATEMALA.—The Act of 30 April 1909 states that immigration
contracts may be concluded by the Government, which is then required
to bear all transport costs and to appoint agents abroad to supervise the
recruiting operations, the conclusion of contracts, and the embarkation
of the immigrants (section 34). The Act further stipulates that immigrants
who arrive at their own expense and without a contract may claim the
repayment of the cost of their sea voyage from the port of embarkation
(section 9) ; the cost of the voyage of immigrants engaged by private undertakings has, however, to be met by the undertaking responsible for bringing
the immigrants into the country (section 10).
N E T H E R L A N D S : Surinam.—Javanese workers' recruited in accordance with the Order of 16 April 1896 (Stbl. No. 72) and the Government
16
242
EMPLOYMENT, RECRUITING, AND PLACING OF ALIEN WORKERS
Decree of 1 February 1921 (Bijblad 9703) are entitled t o free transport
facilities to their destination arid to free repatriation to their place of
origin at the end of their contract. Expenditure thus incurred is met from
_ the Emigration Fund, but undertakings t o which the Government hires
' out workers which it has recruited are required t o contribute towards
such expenditure.
NEW ZEALAND.—The Governments of the United Kingdom and
New Zealand have arranged a joint scheme for the assisted migration of
suitable persons from the United Kingdom x to t h a t Dominion. All persons
granted assisted passages are required to undertake t o remain permanently
in New Zealand, and in the event of their wishing t o leave the Dominion
within five years of the date of arrival they may be called upon to pay
the difference between t h e cost of the assisted passage and the ordinary
full fare. All applicants must be of British birth. The rates payable by
approved applicants are at present as follows :
Boys under 19 years of age:
Free
Girls and women under 40 years of age
(single and widows without children)
Free
Single women and widows without children,
between the ages of 40 and 50 years of age . £ 11
Single men between 19 and 50 years of age £11
Married men and women under 50 yeaTs of age
(including widowers and widows with
children)
£ 11
Domestic servants'.
Free passage and £ 2
pocket money.
Assisted passages can be obtained by persons able t o arrange for friends,
relatives or prospective employers to nominate them through the Department of Immigration at Wellington under the following conditions : (1) they
must not have attained the age of fifty years, (2) they must supply t o the
High Commissioner in London a satisfactory medical certificate and a certificate of character, (3) in the case of married applicants, nomination must
include husband, wife and family, if any, (4) the nominator must undertake
to make provision for housing accommodation a n d employment for the
nominees and must also guarantee t h a t they will take u p permanent residence in the Dominion, (5) only such persons are accepted as are in the
opinion of the High Commissioner suitable in all respects, and his decision
is final.
Assisted passages are sometimes available without nomination for such
classes of workers as may be particularly required. These passages are
only applicable to such occupations as are from time t o time specified
by the New Zealand Government. Information on this point is given by
any employment exchange in the United Kingdom. Fully qualified farm
labourers (single and between the ages of seventeen and forty-five) can
usually be accepted without nomination.
Free passages may be granted t o women domestic servants if approved
by the High Commissioner in London, provided : (1) that they are bonafide domestics and give a written undertaking t o follow t h a t calling for
at least twelve months after arriving in the Dominion, and (2) t h a t they
are between the ages of eighteen and forty years. I n addition t o free
passage, a gratuity of £2 will be paid.
Boys between seventeen and twenty who have been educated at a secondary or public school, and are desirous of being trained as farmers, can,
under certain conditions, be granted assisted passages without nomination 3 .'
1
The United Kingdom is taken to mean Great Britain, Northern Ireland, and Guernsey.
2
OVERSEA SETTLEMENT DEPARTMENT:
Handbook on the Dominion of New
Zealand;
London, revised to 1 Jan. 1927. According to the Official New Zealand Tear Book for.
ASSISTED IMMIGRATION
243
PERU.—The President of the Republic may sanction the grant of the
funds necessary to cover the cost of immigrants' passage tickets. Grants
of this kind were made early in 1927 to Italian, Polish, and Spanish
immigrants.
SOUTH AFRICA.—Arrangements have been made for settlers approved
by the London Committee of the 1820 Memorial Settlers' Association to go
to South Africa at a reduced passage rate. Applicants may either be men
with at least £1,500 capital, or, if married, £2,000, fully trained farmers
with a minimum capital of £600, or public school or secondary school
boys with a minimum capital of £1,000. In addition, assistance is given
to men and women proceeding to South Africa who can produce an assurance of employment on landing 1 .
UNITED S T A T E S : Territory of Hawaii.—The Board of Immigration makes contracts with transport companies to secure low rates of
fare for immigrants and to facilitate their reception and temporary accommodation. (Act No. 123, 21 April 1911, section 5.)
VENEZUELA.—The Immigration Act of 26 J u n e 1918 authorises the
immigration agents appointed in foreign countries by the Government
to pay the passage of persons who agree to go to Venezuela as immigrants
on contract or as settlers. The Government sends the necessary instructions to its agents in each case (section 6, (iv)).
1928, t h e reduced passage rates quoted apply t o t h e cheapest class for t h e different categories of persons mentioned above; b u t by paying a supplement of £2 or £6 t h e emigrant
is entitled to t r a v e l in a four- or two-berth third-class cabin. Assisted domestic servants
m u s t give a promise not t o marry before twelve months after arrival in t h e Dominion.
1
OVERSEA S E T T L E M E N T D E P A R T M E N T : Handbook on the Union ofìSouth Africa. L o n d o n ,
revised to 1 J a n . 1927
244
REGULATIONS FOR PROTECTING THE IMMIGRANT
CHAPTER VII
REGULATIONS FOR PROTECTING THE IMMIGRANT
IN HIS DEALINGS WITH T R A N S P O R T
AND OTHER A G E N T S
The activity of transport agents, so carefully regulated by the
legislation of t h e emigration countries (cf. Volume I, Chapter VII),
is very rarely supervised by the country of destination, which is
less directly interested in this transport, the preparatory measures
for which are carried out outside its territory. Only certain
countries have established a more or less strict supervision of
t h e relationships between their future immigrants and the agents
who undertake t o transport them. This supervision exists more
particularly in the case of collective immigration of workers
recruited under contract by the Government itself or at least
under its supervision for the use of individual employers.
The legal provisions concerning the activity of agents for the
transport of immigrants bear upon the necessity of a licence
for any person undertaking such transport. The granting of
this licence is generally subject to the payment of a fee or even to
a deposit guaranteeing the fulfilment of the obligations assumed.
The regulations also refer to the necessity for all intermediaries
t o respect the fixed transport prices, and frequently they also
forbid undue propaganda or deal with the necessity of making
known to those interested the conditions of admission into any
country, either by posting up a copy of the regulations or by
other means.
Another system of protection consists in encouraging officiai
representatives abroad (consuls and special immigration agents)
t o offer their services to immigrants for arranging conditions of
REGULATIONS FOR PROTECTING THE IMMIGRANT
245
transport with t h e shipping companies and obtaining the most
favourable conditions possible.
I n this chapter are also included certain provisions concerning
the activities of lodging-house keepers, money-changers, ticket
agents, luggage porters, etc.
The protective regulations of the country of destination
discussed here are supplemented by those concerning the established immigrant discussed in Chapter X I , § 4.
A R G E N T I N A . — B y the Decree of 31 December 1923, masters of ships
bringing passengers to Argentina must deliver to the Examining Committee
(Junta de Visita) a statement made by them and stamped by the Argentine
consul in the port of sailing, certifying that they are aware of the Immigration
Act and the regulations supplementing it (section 8, paragraph 1).
Every action of a master or member of the crew with a view to concealing
from the immigrants on board the legal conditions for immigration to
Argentina, or to lead them astray by false information regarding the conditions of the examination for admission, is punishable by a fine of 500 pesos *,
apart from the damages to be paid to the injured party (section 20).
During the inspection of immigrants on arrival, the immigration officials
listen to any statements made by passengers or any complaints as t o the
treatment received on board ; they make a note of this and obtain the signature of witnesses to the declarations (section 9, paragraph 9).
BOLIVIA.—By the Act of 20 January 1927, the consular agencies, which
take the place of information offices for immigrants, must use their influence
to make transport more easy for the immigrants, by obtaining reductions on
ordinary rates, particularly from shipping companies with which reductions
are to be arranged for the transport of groups of immigrants (section 15).
BRAZIL.—The Federal Decree of 31 December 1924 lays down that
only those shipping companies authorised by the General Directorate of
Settlement shall have the right to bring in immigrants (section 4).
The Instructions of 30 June 1925 for the enforcement of this Decree,
along with the Decree No. 9081 of 3 November 1911, state that the shipping
companies must provide each immigrant with a luggage ticket stating
the number of articles of luggage and the volume of each article (section 15).
Officials of the immigration services aTe recommended not to permit
speculators, money-changers, or employees of private hotels to go on board
the boats, since the Government assists new arrivals on disembarkation
and in finding lodgings, as well as making arrangements for changing their
money at the best available rates (section 8, (g)).
The immigration inspection officials shall not acquire any objects on board
the ships, nor accept presents or gratuities from the shipping companies
or any other persons interested in immigration. These officials shall not
remain more t h a n two years employed in the same port (sections 10 and 17).
Finally, the Decree of 3 November 1911 lays down that if the Federal
Government has concluded an agreement with the shipping company for
the transport of immigrants a t Government expense, this company must
grant a reduction of 10 per cent, on the current prices to all individuals
who are considered immigrants under Brazilian law and who come to Brazil
at their own expense (section 17, (a)).
In the State of Sào Paulo a special service was set up by the Act No. 1299A
'One Argentine peso = approximately Is. lOd.
246
REGULATIONS FOR PROTECTING THE IMMIGRANT
of 27 December 1911 for the protection of settlers entitled the "Patronata
Agricola". This service, whose duty it is to supervise the enforcement of the
preventive federal legislation on immigration and settlement, is entrusted in
particular with the supervision of agencies and sub-agencies for the sale of
tickets and for money-changing, as well as with the prevention of all
attempts at deceiving immigrants and with supporting before the competent
authorities complaints made by agricultural workers regarding attacks made
upoQ their person, family or possessions (section 3).
Every ticket agency or sub-agency must compulsorily register and give
the names of all those employed by it. These agencies and sub-agencies
are subject to the payment of a special fee.
CANADA.—By the Immigration Act of 1910-1924 the Deputy Minister
may issue to agents of transportation companies, hotels, and boardinghouses a licence as immigrant runners. This licence may be cancelled at
any time (section 67).
No person is allowed to conduct or recommend, for hire, reward, or gain,
any immigrant to the owner of a vessel, an innkeeper or boarding-house
keeper, or to any other person, in connection with the immigrant's journey
to his final destination in Canada, unless he has a licence; no person may
give an immigrant any information, or assist him to his destination, or
book passengers, or undertake the transportation of the immigrant's luggage
without a licence (section 68).
Immigrant runners must not sell passenger or luggage tickets to, or buy
them from, immigrants at rates other than those charged by the transportation companies (section 69). They are not permitted to go on board any
vessels until all passengers have been landed, or to go into any immigration
station, unless authorised to do so by the officer in charge (section 70).
Every innkeeper or boarding-house keeper in any place in Canada designated by Order in Council, who receives an immigrant into his house
within three months after arrival, must keep a list of prices charged for
board and lodging, and for separate meals, posted in a conspicuous place
and also printed on his business cards, innkeepers and boarding-house
keepers have no lien on the effects of an immigrant for any amount claimed
for board and lodging exceeding five dollars (section 71). This section is
enforced in Ottawa, Toronto, Quebec, Montreal, Halifax, St. John, Winnipeg,
Vancouver, Victoria, and Prince Rupert by the Order in Council of 9 May 1910
(P.C. 919).
Under penalty of a fine of from $5 to $25, the innkeeper may not detain
the effects of an immigrant who offers him a sum of $5, or such less sum as
is actually due for his board and lodging (section 72).
; Every person who causes the publication or circulation by advertisement
or otherwise, in a country outside Canada, of false representations as to
the opportunities for employment in Canada, or as to the state of the
labour market in Canada, in order to encourage or to deter, the immigration into Canada of persons resident outside, shall be guilty of an
offence and liable to a fine of not more than $500 or to imprisonment for
a term not exceeding six months or both (section 55).
CUBA.—By Order No. 155 of 15 May 1902, no shipping company or
transport undertaking whatsoever may carry on propaganda in favour
of immigration whether directly or through agents, in writing or by any
other means. Correspondence and circulars sent by the undertaking must
deal solely with transport conditions, the dates of departure of ships, and
other practical information of this kind. Every infringement of this regulation is considered in the same category as t a x evasion and as subject to
the same punishments (sections, 2 and 6).
F R A N C E : Colonies.—By the Decree of 27 March 1852, defining the
general system for regulating immigration to the colonies, no ship employed
REGULATIONS FOR PROTECTING THE IMMIGRANT
247
for the transport Of immigrants may leave before the captain has furnished
security sufficient t o cover all damages which might be claimed from
the shipping company for any offences during transport (section 52). This
provision was repeated in various Decrees which have defined the regulations for immigration into each colony, or at least it is laid down that preliminary authorisation from the Governor of the colony concerned must be
obtained by all ships undertaking the transport of immigrants.
In Madagascar, by the Decree of 6 May 1903 the masters of vessels
carrying out a regular service between the Island and any given spot for
recruiting immigrants may be authorised by the Governor-General to
transport immigrants without furnishing the security mentioned above (section 10).
G R E A T B R I T A I N : Colonies.—In Chapter I I I mention is made of the
various obligations assumed by transport agents and masters of ships
who are responsible for seeing that the immigrants whom they bring fulfil
the conditions of admission (see in particular § 1, (f) ("Economic Condition
of Immigrants"), § 1, (i) ("Physical Condition"), and § 4 ("Legislation
relating to Clandestine Immigration").
J A P A N : Formosa.—Chinese workers may not be recruited or transported except by agents appointed by the Governor-General of Formosa.
These agents must pay a deposit in cash or in Government bonds according
to the regulations published by the Governor.
The agents shall bear any costs involved through sickness or accident
to the Chinese worker and the cost of his repatriation if the authorities
order him to be deported from the Island.
When the Governor-General considers that the actions of an agent contravene the existing regulations or endanger public order, he may cancel the
authorisation or order it to be suspended temporarily. Nevertheless, in
such case the agent is still obliged to fulfil all obligations laid down by the
Order towards workers whom he has already brought to the island.
When an agent neglects to fulfil his obligations the Governor shall do so
and shall charge the cost involved to the deposit paid by the agent. If this
deposit does not cover the expenses, the agent may be compelled to pay the
additional sum.
All persons who recruit or transport Chinese workers without authority
shall be subject to fines, and the same shall apply to all who assist them in
their journey or engage them under conditions other than those laid down
by the regulations.
The transport agent for Chinese workers must provide the latter with
transport certificates having a photograph of the bearer and a statement
of his name, abode, and age, as well as the class of manual work which he
will undertake and the landing port in the Island. The worker must produce
this certificate on landing. A fine will be inflicted on any master of a ship
who transports Chinese workers who do not possess transport certificates
issued by an authorised agent, and the Order compels him to repatriate
them to China. (Ordinance No. 68 of 24 September 1904 amended by
Orders No. 25 of 1915 and No. 198 of 1920.)
MEXICO.—By the Immigration Act of 12 March 1926 (section 66) and
the Health Code of 27 May 1926 (section 85), undertakings for the transport
of immigrants must pay a deposit sufficient to guarantee the fulfilment of
all obligations which they assume towards the immigrants whom they
transport (that is to say, observation in case of severe illness, isolation in
case of epidemic, repatriation in case of inadmissibility, etc.) and must add to
this deposit whenever necessary. These companies must also maintain
in Mexico and in all Mexican territory to which they carry immigrants a
representative with power of attorney, who can settle all cases which may
arise in which the responsibility of the company is concerned.
248
REGULATIONS FOR PROTECTING THE IMMIGRANT
NETHERLANDS : East Indies.—See Chapter III, § 2, for the responsibility of masters of ships that the documents of passengers transported
to any destination in this Colony are in order.
PARAGUAY.—The Immigration Act of 1903 provides that the Government, in order to arrange for immigrants landing at any of the ports of the
Rio dé la Plata or Parana being transported at its expense to Paraguay,
shall conclude annual contracts after publicly advertising for tenders to be
submitted by shipping companies ; such contracts shall be based on conditions laid down by the General Immigration Office and approved by the
State. I t is further provided that masters of vessels transporting immigrants
must see that the luggage of the latter is kept in a safe place, and is delivered
up on arrival on pain of losing all claim to the passage money of the
immigrants transported (sections 8 and 9).
U N I T E D STATES.—An Act of 3 March 1893, section 8, declares that
all steamship or transportation companies and other owners of vessels regularly engaged in transporting alien immigrants to the United States are
required to keep conspicuously exposed to view in the office of each of their
agents in foreign countries a copy of the immigration laws of the United
States in the language of the country concerned, and they must instruct
their agents to call the attention of persons contemplating emigration to
this copy before selling tickets to them. .
According to the Immigration Act, 1917, section 7, it is unlawful for
anyone engaged in the business of transporting aliens to or within the
United States directly or indirectly to solicit, invite, or encourage any alien
to go to the United States. Anyone violating this provision is liable to
either a civil or a criminal prosecution. Moreover, if such an alien is
brought to the United States, the persons responsible must pay to the
collector of customs 400 dollars for each violation of the provision. If this
provision is persistently violated by any transportation company, the
Secretary of Labour may deny that company the privilege of landing alien
immigrant passengers at United States ports. This provision is not to be
held to prevent transportation companies from issuing letters, circulars, or
advertisements confined strictly to stating the sailing of their vessels and
terms and facilities for transportation.
THE ARRIVAL OF IMMIGRANTS
249
CHAPTER VIII
T H E ARRIVAL OF I M M I G R A N T S
Among the circumstances affecting the person who emigrates,
the legal regulations studied in this chapter really concern the
critical moment on which depends in great measure the success
or failure of his attempt, viz. the moment a t which he is subjected
to a whole series of formalities imposed upon him by the authorities of the country where he wishes to take u p residence, and
which lead either t o his admission or to his rejection. These
formalities, which were formerly carried out a t the frontiers of
the countries of immigration, have to a certain extent changed
their place. I n order t o avoid as far as possible the complications
and expense involved when a person is rejected in a country
distant from his country of origin, the immigration countries
are seeking to organise preliminary examinations in the country
of origin or t h e country of sailing. In this case the admission
of the immigrant may occur a t places widely separated from
each other, and a t times which may be separated by a journey
of several weeks. A distinction must, therefore, be made between
the examination or examinations which take place before
departure and the examination undergone on arrival, either at'
the port of disembarkation or a t the land frontier.
As a result of the final examination on arrival, a certain number
of individuals are refused admission. A section is devoted
to measures concerning the treatment of such persons until they
can proceed t o another destination, and the procedure in doubtful
cases or when objections are raised t o t h e decision of t h e authorities. F o r everything concerning rejection and consequent
repatriation, t h e reader is referred to Chapter X , § 1.
250
THE ARRIVAL OF IMMIGRANTS .
Besides the examination properly speaking, which consists in
supervising the conditions of each immigrant (physical, moral,
and occupational conditions), determining his competence for
legal admission into the country, or classing him among the
undesirables, there are also various health measures intended
to prevent any risk of spreading epidemics and t o safeguard the
hygienic conditions of the countries. These are dealt with
later.
Finally, it should be noted t h a t in order to facilitate t h e
enforcement of such supervision, certain ports or frontier
stations are frequently considered regular places of transit, and
any a t t e m p t t o enter the country a t another point is considered
as a case of clandestine immigration.
I n recent years a number of regulations have appeared concerning the supervision of immigrants and travellers arriving by air.
A special section is devoted t o these.
§ 1.—Examination upon Departure
In the corresponding chapter of Volume I mention is made of
t h e examination carried out b y t h e administrative bodies of
t h e countries of emigration; here mention is made only of the
examination arranged a t t h e point of departure b y t h e country
of destination, with t h e tacit or explicit agreement of t h e Governm e n t on whose territory this examination is held. I n this connection it is well t o distinguish between the examination of documents
and t h e examination of the persons.
As regards the examination of the documents, no mention is
made of the usual scrutiny carried out by the consuls before
granting a visa, when such scrutiny is applied without distinction
t o all travellers. Mention is made only of t h e special regulations
for examining t h e documents of immigrants with a view t o
eliminating before their departure individuals who will not be
admitted. Occasionally it is not t h e consuls b u t special immigration agents who are entrusted with this examination.
The examination of persons in foreign territory is a more
recent institution. I t must, moreover, be noted t h a t an official
supervisory service cannot be set u p in t h e territory of another
State without the approval of the country concerned. Agree-
EXAMINATION UPON DEPARTURE
251
ments of this nature can do away with many complications for
the administrations of the two countries and with many sufferings
and injustices for the immigrants, and on this account there is
a tendency for them t o develop. The shipping companies, for
their part, have the greatest interest in avoiding all risk of t h e
rejection of their clients, since this casts a heavy burden upon
them. The legislation of immigration as of emigration countries
generally charges them with t h e costs of repatriation after
rejection.
However, the examination carried out before departure is
only preliminary; up to the present no country has been willing
t o consider it entirely final, and the authorities a t the place of
arrival have always the right to refuse an immigrant who was
passed a t the first examination if any change has occurred in
the health of t h e immigrant, or if the latter has suppressed some
fact which prevents his admission. B u t the examination on
arrival is generally considerably simplified by the examination
on departure, since it is only necessary t o ensure t h a t t h e result
of t h e preliminary examination agrees with the present condition
of t h e p a r t y concerned. The examination carried out on depart u r e generally covers all points regarding conditions of admission,
the physical and mental state of the person, education, etc.
With the examinations carried out by officials of the country
of immigration, such as are organised by t h e United States and
Canada, one may compare the process of selection carried out
in countries where immigrants are recruited by representatives
of employers who are officially granted t h e power for this purpose,
as, for example, the representatives of French employers who
are permitted in Poland and in Austria t o examine immigrants
as regards their health and their occupation, in agreement
with the officials of the country of emigration.
This preliminary selection procedure seems to have developed
in recent years, as has the organisation of collective migration
of workers, by means of bilateral agreements. All Governments,
however, do not favour this; certain countries refuse t o allow
emigrants to be selected in their territory by representatives of
the country of destination or by foreign employers. Such an
action necessarily demands t h e consent of the Government on
whose territory it takes place, and generally results from a labour
treaty or a recruiting agreement.
252
THE ABEIVAL OF IMMIGKANTS
BRITISH EMPIRE MANDATED TERRITORY (Under Australian
Administration) : Nauru.—All Chinese labourers are, before final selection
in Hongkong, examined by an official of the Government of that Colony,
who reads and explains the terms of agreement 1 .
ARGENTINA.—The instructions for consuls regarding the papers of
passengers proceeding to the Argentine Republic (1926) provide t h a t before
issuing the consular certificate which is demanded from immigrants on their
arrival (cf. Chapter III, § 2) and which contains all information regarding
their position, the consul must demand the presentation of a passport and
legal certificate 2 , and in some countries a medical certificate also. In case of
complications arising on arrival as a result of the loss of one of those necessary
documents, the consul must when examining the various papers mark
the consular certificate "Documents complete", thus proving that the
consular official had demanded the presentation of all the papers which an
immigrant must have in his possession (section 3).
Some consuls are granted power by the Minister of Foreign Affairs to
issue to foreigners who lack certain papers or who do not comply with the
general conditions of admission, a special authorisation in the form of a
landing permit. Other consuls can act simply as intermediaries tb obtain.
this permit in any particular case from the General Immigration Office
(section 9).
The supervision of the immigrant's position by the consul is evidently
considered as a sort of preliminary examination, since, according to the
same instructions, the shipping companies are bound to accept as passengers
all individuals in possession of papers visaed by the Argentine consuls.
Should it be proved that the consul forced the master of a ship to transport
a person who does not satisfy the general or special conditions of admission,
it is the Argentine consul who is considered responsible for the offence,
and he must pay the fine which is legally demanded from the master of a
vessel which has transported an immigrant who is not suitable for admission
(section 22).
AUSTRALIA.—By the Immigration Act, 1901-1925, section 3, the
Governor-General may establish Commonwealth medical offices outside
the Commonwealth. The Minister may appoint duly qualified medical
practitioners to be medical referees either outside or within the Commonwealth. An intending immigrant must be examined as to his physical and
mental fitness by a medical referee, and must answer the authorised list
of questions put to him by the referee, who, if satisfied that the intending
immigrant is of sound health, issues a certificate of health on payment of
a fee. If an intending immigrant embarks at a place where there is no
medical referee, the examination is; carried out by the ship's medical officer.
If the medical referee or the ship'iä medical officer is not satisfied t h a t the
intending immigrant is of sound health, the Chief Medical Officer of the
Commonwealth Medical Bureau may issue the certificate, but he must not
issue a certificate to any person believed by him to be suffering from, or
affected with, any disease or disability mentioned in the Act or regulations.
All assisted immigrants from Great Britain have t o obtain a medical
certificate on an official form from an approved medical referee in Great
Britain before a reduced passage is granted. All such immigrants have
also to be approved by the Director of Migration and Settlement in
respect of their suitability for the work which they are going to undertake
in Australia 3.
3
Report to the Council of the League oj Nations on the administration
of
Nauru
during the year 1926.
2
To prove t h a t t h e i m m i g r a n t h a s committed no crime or misdemeanour.
3
OVERSEA SETTLEMENT D E P A B T M E N T : Handbook on the Commonwealth of
Australia.
London, revised t o 1 J a n . 1927.
EXAMINATION
UPON
DEPARTURE
253
BOLIVIA.—By the Immigration Act of 20 January 1927, the official
immigration agents abroad must demand from voluntary immigrants a
certificate from the authorities of the district from which they come
attesting their character and stating what trade or occupation they carry
out, and other details regarding the persons (section 18).
BRAZIL.—Immigrants coming to the port of Rio are bound by the
Federal Government to fulfill certain formalities before departure. The
immigrant must hand to the representatives of the Government of Brazil
at the time of embarkation certified documents proving that he has fulfilled
the regular conditions. Should no special agent be there, the paper must
be signed by a Brazilian consul or consular agent. (Decree No. 16761 of
31 December 1924, section 2.)
CANADA.—The Canadian Government decided in 1927 to establish
in Europe a Canadian Medical Service, under which the medical examination
of prospective settlers in the Dominion is conducted free of charge. The
Service is under the control of the Canadian Department of Health, and
consists of a chief medical adviser, assisted by twenty-three Canadian
doctors. The examination is to be held in London, Bristol, Birmingham,
Liverpool, York, Glasgow, Belfast, Paris, Antwerp, Hamburg, Danzig,
Riga, and in Italy. The examining doctors will start from these centres
and travel over a certain prescribed district, arriving at various points
a t fixed dates and hours *.
The above regulations have been made in virtue of section 27, (2), of the
Immigration Act of 1910-1924, which provides that the Governor-in-Council
may make regulations for the inspection of immigrants in the country of
their domicile or origin or at any port of call en route or on board ship,
but any such inspection does not relieve a transportation company or the
owner, agent, consignee, or master of any vessel of any of the obligations,
fines, or penalties imposed by the Act, in particular those resulting from the
rejection of the immigrant on arrival in Canada.
The Department of Immigration and Colonisation maintains offices
in the United States, various European countries, and Hongkong. The
offices in Great Britain, the Irish Free State and the United States are for
recruitment, those in other European countries and in Hongkong are for
purposes of inspection and control (see Chapter V, § 1) 2 .
According to an announcement made by the Chief Medical Adviser of
the Canadian Department of Health in London, all immigrants arriving
in the Dominion after 15 February 1928 must undergo the compulsory
examination before departure. No further examination will be necessary
on arrival unless medical conditions have been concealed, false statements
made, or disease conditions have developed in the interval, and passengers
will only be liable to rejection on arrival on medical grounds if one or more
of the afore-mentioned conditions are present.
FRANCE.—It has already been observed that a Circular dated
20 February 1927 instructed French consuls abroad to demand from all
foreigners coming to work in France, before granting them a visa, the
production of a medical certificate signed by a recognised medical practitioner, stating that the foreigner is fit to carry out his future occupation
and also that he is not suffering from any physical or mental disease
1
Communication to t h e I n t e r n a t i o n a l L a b o u r Office from t h e Canadian Advisory Officer
t o t h e League of Nations,
2
Cf. Canada and Immigration ; A Brief Review of Policy, Organisation and Practice.
Issued b y a u t h o r i t y of t h e Hon. R O B E R T F O R K E , Minister of Immigration and Colonisation.
O t t a w a , 1927.
254
THE ARRIVAL OF IMMIGRANTS
which makes him undesirable. (Cf. Chapter III, § 1, (i), for the conditions
according to which,this certificate should be drawn up.)
Moreover, according to agreements concluded between France and Poland,
and France and Austria, as regards recruiting, workers are selected before
departure by occupational recruiting committees composed of employers
(in Poland the General Immigration Society ; in Austria a joint committee
recognised by the two Governments). These occupational organisations
act in agreement with the authorities of the countries. Selection is
made from the occupational and the medical point of view in the recruiting
centres themselves.
GUATEMALA.—Consuls are exhorted by the Act of 30 April 1909
(section 35, paragraph 15) to see that a voluntary medical examination
is held before embarkation, so as to exclude all those who might come in
the category of undesirable immigrants.
MEXICO.—The foreigner who wishes to immigrate to Mexico must
make known his intention beforehand to the nearest Mexican consul his
residence or his place of departure. He must fill up a form and certify
that its contents are truthful, and must produce documents proving his
nationality, his civil status, and his moral character, and the contract of
employment into which he has entered. He then receives a personal identity
card, bearing his photograph and all information regarding him.
However, the possession of this card does not guarantee his right of entry
into Mexico, and does not free the immigrant from the necessity of an
examination by the health authorities and the immigration authorities
on his arrival. (Act of 12 March 1926, sections 15 and 28.)
NEW ZEALAND.—Assisted immigrants must submit to the High
Commissioner for New Zealand in London a satisfactory medical certificate
and certificates of character. Only such persons are accepted as are in
the opinion
of the High Commissioner suitable in all respects and his decision
is final 1.
U N I T E D STATES.—The Immigration Act of 1924 provides that a
person desiring to migrate t e the United States must apply for a n immigration visa to a United States consul. In his application the future immigrant
must state a certain number of particulars, such as his name, age, sex,
race, date and place of birth, places of residence during the preceding five
years, whether married or single, occupation, personal description, ability
to speak, read, and write, names and addresses of nearest relatives, proposed
port Of entry into the United States, final destination, whether he has a
through ticket to destination, whether he is going to join a 'relative or
friend, the purpose for which he is going to the United States, the length
of. time he intends to remain there, whether he intends to remain there
permanently, whether he has ever been in prison or in an almshouse, and
whether he or either of his parents have ever been in an institution for the
care of the i nsane. If he claims to be a non-quota immigrant he must give
the facts upon which he bases such claim, and he must present such additional
information as may be prescribed by regulations for the proper enforcement
of the immigration and naturalisation laws.
The immigrant must also furnish, if available, two copies of his "dossier "
and prison and military records, two copies of his birth certificate, and
two copies of all other available public records concerning him kept by the
Government to which he owes allegiance. The immigrant must also state
in his application whether or not he is a member of any class of individuals
1
OVEBSEA SETTLEMENT DEPARTMENT : Handbook
London, revised t o 1 J a n . 1927.
on the Dominion
of New
Zealand.
EXAMINATION ON LANDING
255
excluded from admission to the United States. Each copy of the application
must be signed by the immigrant in the presence of the consular officer
and verified by the oath of the immigrant administered by that officer.
The consular officer may issue a n immigration visa to a n applicant,
unless it appears to him from statements in the application or in the papers
submitted therewith that the immigrant is inadmissible to the United
States under the immigration laws.
Arrangements have been made with certain countries for prospective
immigrants to be examined by United States officers in those countries
before the immigration visa-is issued. United States Public Health Service
surgeons and immigration inspectors are attached as technical advisers to
the consulates in the places concerned, and the immigrant undergoes an
intensive examination. Such immigrants do not pass through Ellis Island,
but are admitted after a comparatively simple examination at the pier
at New York. The countries in which this arrangement exists are Belgium,
Czechoslovakia, Denmark, Germany, Great Britain and Northern Ireland,
the Irish Free State, Italy, Luxemburg, the Netherlands, Norway, Poland,
and Sweden.
The Quarantine Act of 15 February 1893 requires American consular
officers in all countries to satisfy themselves as to the sanitary and health
conditions of ships and passengers sailing for the United States.
§ 2 . — E x a m i n a t i o n on L a n d i n g
The examination on arrival sometimes begins on board the
vessel during t h e voyage, or a t least during t h e last stage.
However, this examination by inspectors during the voyage is
only a preliminary one; the immigrants are systematically
examined in t h e port of arrival, generally before reaching land
on the boat which has brought them, or else as soon as they land
on shore. I n several harbours the supervising services are
established in the roadstead on an island as this makes the
supervision of clandestine immigration much easier. I n order
t o avoid possible deception, the ship is generally not allowed t o
touch land before the officials have come on board for the examination. If t h e immigrants are permitted t o disembark before
this, they are always isolated until all the formalities for admission
have been carried out. I n order t o simplify the examination,
the masters of ships are generally required t o hand in a list of
passengers or of individual certificates, and t o show the journal
of t h e voyage stating all events which have happened during
the crossing, in particular any deaths, births, or illnesses. Sometimes the immigrants have to reply in writing to a number of
questions drawn u p in a form which constitutes a written
declaration; any false statement in this declaration renders t h e
person concerned liable t o be punished.
256
THE ARRIVAL OF IMMIGRANTS
The examination for admission is very complex. It includes
a scrutiny of the documents, a medical examination, and possibly
an examination of the means of the immigrant, his standard of
education, etc., according to the conditions demanded for admission. Very often officials belonging to different services are
present at each of these examinations (police officers, doctors
belonging to the public health service, immigration commissioners, agents of the Treasury, etc.). The customs inspection
is passed either at the same time or immediately after, and the
payment of entrance taxes takes place during the formalities
of admission.
The landing of immigrants who are admitted, or their departure
from that part of the harbour where the examination took place,
is allowed only after all formalities have been completed. The
regulations regarding doubtful cases or objections made to the
decision of the examining authorities are studied later in § 5.
BRITISH EMPIRE MANDATED TERRITORY (Under Australian Administration) : Nauru.—On arrival at Nauru, Chinese labourers
are examined by the Government medical officer to ensure that they are
free from contagious or infectious diseases. The agreement (see Chapter VI,
§ 3) is read and explained to the labourers by the Administrator, through
the Government interpreter, and is signed by them \
BRITISH MANDATED TERRITORIES ¡Palestine.—The master of
any ship landing ten or more passengers at any port in Palestine shall
immediately on the arrival of the ship furnish the immigration officer
stationed at the port with a return of the passengers (Immigration Ordinance, No. 32 of 1925, section 9). The Regulations under the Ordinance
stipulate t h a t the list must contain the names of the passengers, their
countries of origin, whether they are men, women, or children, their destinations, and what passports òr other similar documents they possess
(Regulation 16). The master of any vessel shall, if so required, produce
for the scrutiny of the port officer any of the official documents of the vessel,
and submit a written declaration stating that there are no persons on board
other than those mentioned in the passenger list or the crew. (Immigration
Regulations, 15 March 1926, Regulation 5.)
A port officer may curtail or prohibit for such time as he thinks necessary
any communication with the shore, or any other vessel by a vessel landing
ten or more passengers at any port in Palestine. (Ibid., Regulation 1.)
Tanganyika.—No person arriving in the Territory by sea may disembark without the consent of both the immigration officer and a medical
officer. Every person entering the Territory must truthfully answer all
questions put to him by the immigration officer, and must, also, if required.
by the immigration officer : (a) make and sign the prescribed declaration,
and (b) submit to be examined by a medical officer.
The master of a ship arriving from any place outside the Territory or
departing from the Territory must, if required, furnish the immigration
1
Report to the Council of the League of Nations on the administration of Nauru during
the year 1926.
EXAMINATION ON LANDING
257
officer with a list in duplicate signed by himself of the names of all passengers
in the ship and such other information as may be prescribed, and every
passenger must supply the information necessary for this purpose. (Immigration Ordinance, No. 16 of 1924, sections 10 and 11.)
F R E N C H M A N D A T E D T E R R I T O R Y : Togo.—The Order No. 71
of 31 January 1927 laid down for Togo the conditions of enforcement of
the Decree of 30 October 1926, which stated the conditions of admission
of immigrants to Togo and the Cameroons. Every person of French or
other nationality must on entering the Territory present to the competent
authorities his passport to be visaed, on pain of immediate rejection or
expulsion. If he enters by the port of Lome the passport is examined by
the Commissioner of the Republic or his representative immediately on
landing. At the port of Anecho it is presented to the district commandant
(section 1).
J A P A N E S E M A N D A T E D T E R R I T O R Y : South Sea I s l a n d s . —
Ordinance No. 1 of 2 February 1925 states that the competent police officials
(section 3) may demand from foreigners landing in the Islands a passport
or a certificate of origin and all necessary information, in particular such
as will show whether or not they satisfy the conditions of admission laid
down in section 1 of the same Order. (Cf. Chapter I I I , § 1, (b), ($), and (i).)
These provisions do not apply to foreign diplomatic and consular officials,
members of their families, officials attached to persons in charge of official
missions, or to members of the crews of foreign vessels anchored in South
Sea Island ports.
N E W ZEALAND M A N D A T E D T E R R I T O R Y : W e s t e r n S a m o a . —
Every person arriving in Samoa from overseas must make a written declaration of his name, nationality, residence, birthplace, occupation, etc.,
before he is permitted to land. This formality is not required of passengers
who are in transit to any place beyond Samoa and will leave Samoa by the
same vessel on its departure from the Territory.
Regulations made under the Immigration Restriction Act, 1920, of New
Zealand are declared to apply to Samoa as if that Territory were part of
New Zealand. (Immigration Consolidation Order, 1924, section 2, 3, (1),
3, (2)-)
S O U T H A F R I C A N M A N D A T E D T E R R I T O R Y : South-West
Africa.—-By the Immigrants Regulation Proclamation, 1924, it is provided
that the master of any ship entering the Territory must deliver to an immigration officer on demand : (1) a list of all passengers on board ; (2) a list of
all stowaways discovered on board; (3) a list of the crew and all persons
employed on board ; (4) a certificate of the medical officer of the ship stating
any known case of disease which has occurred on the voyage, or any known
cases of mental infirmity or affliction (section 8, (d)).
An immigration officer may board any ship which enters a port
(section 7, (1)). He may regulate or prohibit any communication with the
shore or a ship undergoing examination (section 7, (2)).
Every person arriving at any port or found in the Colony must, if required,
appear before an immigration officer and (a) make and sign a declaration
in the prescribed form ; (b) produce documentary or other evidence relative
to his claim to enter or be in the Territory; (c) submit to an examination
or test ; (d) if he is suspected of being afflicted with any disease or physical
infirmity which would render him a prohibited immigrant, submit to an
examination by a medical practitioner designated by the Administrator
(section 15).
The Immigration Regulations, 1924, provide that the medical examination
of any passenger seeking to land shall take place on the ship or at such
other place as may be convenient and as soon as possible after the arrival
17
258
THE ARRIVAL OF IMMIGRANTS
of the ship. (Regulation 17, (2)). All passengers for ports of the Territory
and passengers in transit for porbs outside the Territory whom the immigration officer may deem it necessary to examine shall ordinarily be examined
a t the ship's first port of call. (Regulation 7).
When the immigration officer has notified the master or owner of a ship
t h a t any person or persons on board are prohibited immigrants and such
persons land without proper authority, the master or owner shall forfeit
a sum to be fixed by the Administrator. (Immigrants Regulation Proclamation, 1924, section 10.)
A R G E N T I N A . — B y the Act, of 1876 and the Decree of 31 December
1923, the examination of immigrants is carried out on board ship by a
committee (junta) consisting of an immigration inspector as chairman,
a medical man as technical assessor, and, as assistant, an official of the port
authorities with permission to use such of the public forces as the immigration inspector may consider necessary; an interpreter may also be added
t o the committee.
The immigration inspector generally boards the ship at the last port
of call, Montevideo, and begins his examination of the immigrants during
the last part of the voyage.
On arrival at the Argentine port the ship must be anchored in the place
fixed by the inspectors, after which the inspection committee, composed
as stated above, comes on board to inspect the immigrants, unless a decision
of the Minister shall have arranged that in the port in question the examination must be held on land in a place appointed for this purpose. The
examination takes place during the day; if it cannot be carried out completely on the first day, it will be continued on the following days.
The master of a ship being examined must hand to the committee :
(1) a declaration countersigned by the Argentine consul in the port of
sailing certifying that the master knows and possesses the Immigration
Act and the complementary Regulations; (2) an immigration certificate
relating to the incidents of the voyage ; (3) a list of passengers stating their
name, age, sex, whether married or single, nationality, religion, occupation,
ability to read and write, their places of departure and destinations. This
list must be signed by the Argentine consuls in the port of departure and the
ports of call ; (4) a special list of passengers travelling to adjacent countries :
Uruguay, Brazil, Paraguay, and Bolivia; (5) the medical diary containing
all observations made by the medical officer on board during the voyage;
(6) the papers of each immigrant (passport, legal certificate, consular certificate) and also an individual statistical form drawn up according to a
specimen supplied by the General Immigration Office and filled up by the
ship's authorities from the personal papers of each immigrant.
During the inspection the committee listens to any claims or complaints
which the passengers have to make. These are noted in writing and signed
by the persons making them.
A report of the examination is drawn up containing the names of passengers or immigrants who have not been permitted to land and signed by the
inspector, the medical officer, the official of the port authorities, and the
master of the ship.
When the examination is over, disembarkation begins. Those passengers
who do not wish to benefit by the advantages granted to immigrants by
the law are allowed to disembark first, and in such manner as they like.
Passengers in the second and third classes who claim to be immigrants,
and wish to enjoy the consequent advantages, are taken with their luggage
on board a special steamer to the Immigrants' Hostel.
No individual is allowed to undertake the disembarkation of immigrants
without authority from the Immigration 'Office.
In order not to complicate the supervision of immigrants on arrival,
the Decree of 13 March 1925 strictly forbids the public to have access to
the port of disembarkation at Buenos Ayres. Admission is granted only
EXAMINATION ON LANDING
259
to diplomatic and consular agents and the agents of shipping companies
who are on duty there and who must be provided with an official card.
AUSTRALIA.—The Immigration Regulations, 1913-1914 (Regulation 15, (1)), provide that the master of a vessel arriving at any port in
the Commonwealth with passengers on board shall, before making entry
at the Customs, deliver to an officer a list of all the passengers for the port,
specifying, to the best of his knowledge, the name, nationality, race, place
of shipment, and calling or occupation of each passenger.
By the Immigration Act, 1901-1925, the master of a ship has to report
on arrival at the first port of entry all cases in which a certificate of health
has been issued by the ship's medical officer (section SF). The medical
officer has to certify at the port of entry that immigrants have been examined
on the voyage, and report all cases of intending immigrants who on the
voyage have shown indications of suffering from or being affected with any
disease or disability (section 3G). All certificates of health issued to intending immigrants have to be attached to the passenger list and handed to
an officer at the port of entry (section 3H). A collector or sub-collector
of customs may, if he thinks fit, permit an intending immigrant who
on arrival in the Commonwealth, does not possess a certificate of health
in the prescribed form to be examined as to his physical and mental fitness
by a medical referee upon payment of the prescribed fee, and an officer
may detain an intending immigrant on his arrival for further examination
by a medical referee as to his physical and mental fitness (sections 3E, (1),
and 31).
Any immigrant who evades an officer or who enters the Commonwealth
at any place where no officer is stationed may, if at any time thereafter
he is found within the Commonwealth, be required to pass the dictation
test, and if he fails to do so is deemed to be a prohibited immigrant offending
against this Act (section 5, (a) and (b)).
BOLIVIA.—Immigration agents abroad must send along with each
group of immigrants a list of the individuals composing it, together with
the name of the vessel on which they are travelling, the date of embarkation, the names and Christian names of all immigrants, and their sex,
age, civil status, nationality, occupation, ability to read and write, place
of departure and destination. The list must also state whether the immigrants are travelling as voluntary immigrants or whether they are engaged by
contract with any immigration or settlement undertaking. (Act of
20 January 1927, section 17.)
BRAZIL.—Shipping companies must inform the federal authorities at
least two days in advance of the date of arrival at the first Brazilian port of
call of any of their vessels bearing immigrants, so as to avoid any delay in
the inspection of the latter.
The master of a ship coming from a foreign port must as soon as his
ship arrives in a Brazilian port hand to the competent federal body a list of all
the passengers on board who are to land or to pass in transit, together
with detailed information regarding such passengers, their names, ages,
sex, nationality, occupation, degree of relationship with the head of the
family, religion, standard of education, place or country of last residence,
port of sailing, and port of destination, as well as a detailed list of the
luggage belonging to such immigrants as are to disembark.
I n the port of Rio de Janeiro the immigration superintendent and the
inspectors must receive these lists, examine their accuracy, complete any
blanks, and, in short, supervise the work of disembarkation.
All second-class and third-class passengers must pass through the hostel
on the Ilha das Flores, which is directly controlled by the immigration
superintendent and is situated in Rio Bay. The medical examination on
land is held there if in the opinion of the General Directorate of Settlement
260
THE ARRIVAL OF IMMIGRANTS
and of the National Public Health Department the inspection cannot take
place on board. The passengers are there identified by the police of the
federal district.
Immigrants suffering from illness are treated in the sick-room, or if
necessary are transported to a hospital in the city. (Decree of 31 March
1924, section 2, and Instructions for its enforcement dated 30 June 1925.)
In other ports of the country these examinations are generally held on
board by the immigration inspectors, who also supervise the immigrants'
hostels. At the port of Santos immigrants are examined by the immigration inspectors of this port, and when they have landed they are taken by
rail to the Immigrants' Hostel established at Säo Paulo by the Labour
Department of this State.
CANADA.—Upon arrival in Canada, immigrants are subject to a civil
and medical inspection, the former for the purpose of ascertaining that they
have a home and employment to go to and are not likely to become a public
charge ; the latter to safeguard the public health of Canada and to ascertain
that the person desiring to be admitted is capable of earning his or her own
living., and is not afflicted with any infectious or contagious disease or
suffering from physical or mental infirmity which might tend to their
becoming a charge upon the public later on.
The Immigration Act, 1910-1924 (section 31, (3)), and the Order in Council,
15 February 1911 (P.C. 269), provide that it is the duty of transportation
companies to provide, equip, and maintain suitable buildings for the examination and detention of passengers for any purpose under the Immigration
Act at every port of entry and border station designated by the Minister
of Immigration and Colonisation of Canada at which they carry on their
business.
Passengers must be landed at the time and place designated by the officerin-charge. The master of the ship must furnish to the officer a bill of
health in a form prescribed by the Act, which must be certified by the
medical officer of the vessel (section 26). No passenger may leave the vessel
until the inspection has been made (section 29).
When a ship arrives, the immigration officer may go on board and inspect
the vessel ; he may examine the manifest of passengers and the bill of health
(section 27).
Every immigrant seeking to enter Canada must be examined by medical
and examining officers (section 28), and must answer truly any question
put to him by the examining officer (section 33, (2)).
The master of every vessel arriving at a Canadian port must deliver to
the immigration officer a list or manifest in the prescribed form. This
manifest must show the names of all passengers and stowaways; it must
show whether any of the persons are suffering from any disease or physical
defect which may be a cause for rejection, and if so must state whether they
are accompanied by relatives able to support them ; it must also state whether
there has been any change in the condition of a passenger or stowaway.
The Surgeon of the vessel must also sign a manifest and state that he has
made a personal examination of each passenger. If there is no surgeon on
the ship, a certificate must be signed by the competent surgeon at the port
of embarkation to the effect that he has made the examination and that
the manifest is correct (section 49, (1)). Stowaways must be manifested
and produced for inspection in the same manner as other passengers, and
the fact that they were stowaways should be shown on the manifest.
In addition, the ship's surgeon, if there is one, or otherwise the master,
must furnish the officer at the port of arrival with a full report concerning
diseases, injuries, births, and deaths developing or occurring on the voyage
(section 49, (2)).
The master of any vessel is liable to a fine of not less than $20 or more
t h a n $100 in respect of every passenger whose name appears on the manifest,
and for whom he is not able to account (section 50).
EXAMINATION ON LANDING
261
According to the Immigration Rules, 1924, third-class or steerage passengers bound for Canada via the United States ports of Portland, Boston,
New York, and San Francisco are examined at these ports, and, if admitted,
each immigrant is furnished with a card officially stamped and initialed
by the Canadian Immigration Officers at the ports mentioned (Rule 7, (2)).
This card entitles the holder to enter Canada without examination at the
international boundary except for purposes of identification.
When applying the reading test (see Chapter I I I , § 1, (e)), officers must
use the printed and numbered slips supplied by the Department of Immigration and Colonisation. If the examining inspector cannot speak or
understand the language of a particular immigrant and no qualified
interpreter is available, special slips are used; the sentences on these slips
are instructions to the person concerned to do several simple acts (Rule 5, (2)
and (3)).
By the Chinese Immigration Act, 1923, no controller at any port may
grant a permit allowing any person of Chinese origin or descent to leave
the vessel until the quarantine officer has granted a bill of health, and has
certified, after due examination, that no leprosy or infectious, contagious,
loathsome, or dangerous disease exists on board such vessel; and no permit
to land may be granted to any person of Chinese origin or descent who is
of the prohibited classes (section 20, (2)).
Every master of a vessel bringing persons of Chinese origin or descent
to any port or place in Canada is personally liable for the production of
such persons to the controller, and must deliver to the controller immediately
on his arrival in port, and before any of his Chinese crew and passengers
disembark, a complete and accurate list of his crew, passengers, and stowaways, or other persons, showing the names in full, the country and place
of their birth, and the occupation and last place of domicile of each of such
passengers (section 21, (2)).
Section 10 of the same Act authorises the controller to decide whether
an immigrant seeking to enter or land in Canada but retained for any reason
is of Chinese origin or descent. If it is proved that the immigrant is of
Chinese origin or descent, the controller shall decide whether he can permit
him to enter Canada or whether he shall be rejected or deported. The
examination of Chinese wishing to enter Canada must take place in private.
COLOMBIA.—By Act No. 114 of 30 December 1922 (section 14), the
medical officers of the health department of the ports must make immigrants
undergo an individual examination and draw up a certificate for which
they accept responsibility. The immigrants provided with these certificates immediately present themselves to the immigration committee for
the formalities of admission.
COSTA RICA.—Every ship arriving at a port in [Costa Rica must,
before having any communication with the land, be "recognised" by the
head of the health service who examines its sanitary condition, finds out
the port of origin of the vessel, and the present and past general conditions
as shown by the journal of the ship's medical officer. He also collects
information as to the list of passengers and crew and examines individuals
one by one, comparing them with the list. He also examines the health
of the crew.
After the medical examination, the port authorities examine the papers
of the immigrants to make sure that there are none who belong to the classes
for. which immigration is prohibited. (Act of 31 August 1914, and Maritime
Health Regulations of 16 December 1924.)
If there is found on board during the health examination any individual
belonging to a race not allowed to immigrate, he will be forbidden to land,
and a report of this step will be handed to the master of the ship by the port
officers who carry out the inspection. (Decree of 10 June 1904, section 2.)
262
THE ARRIVAL OF IMMIGRANTS
CUBA.—By Decree No. 384 of 2 March 1925 (section 13), every person
who disembarks in a Cuban port may be required to identify himself by a
fingerprint test, at the discretion of the Immigration Commissioners.
\ Special regulations exist for the identification of Chinese immigrants
(cf. Chapter I I I , § 1, (d)) by Decree No. 570 of 27 April 1926 \
FRANCE.—By the Health Regulations of the authorities dated 8 October
1927, the Health Department, if it considers it necessary, may examine
passengers on board any ship arriving in a French or Algerian port. Ships
Which are considered dangerous because they are crowded with persons
living in unsatisfactory conditions, especially ships full of migrants, may at
any time be subjected to special precautions (sections 2 and 57).
The medical supervision of migrants is particularly organised in the ports
of Havre and Marseilles.
Colonies.—Aliens arriving in West Africa must deliver to the Immigration Commissioner identity cards on a special form which will be given
them on board, and which must be filled up before landing.
Should the Immigration Commissioner consider it necessary, they are
subjected to medical examination and any prophylactic measures which
may be desirable. (Decree of 24 January 1925, sections 3 and 9.)
In the Establishments in Ocearda and in Madagascar alien native workers
who are classed as immigrants recruited collectively under the system of
regulated immigration (Decree of 24 February 1920 in the Establishments
in Oceania and of 6 May 1903 in Madagascar) are examined on the arrival
of the ship by a committee formed of officials of the Immigration Department and of the Health Department along with the port officer. This committee examines the identity of the passengers according to the list of names drawn
up on embarkation and delivered to the captain of the vessel, interrogates the
immigrants, receives any statements and complaints regarding their treatment during the voyage, makes sure that the regulations have been carried
out on board, and notes any births or deaths which may have taken place.
The master of the ship must not allow any immigrants to land before
they have received authority to do so from the Immigration Commissioner
(sections 15 and 16). Somewhat similar provisions are in force in Guadeloupe,
Guiana, and Réunion.
In Cochin-China2, by the Order of 16 October 1906, every vessel arriving
at Saigon is examined on arrival by the immigration officials. The master
must make a written declaration of the number of Asiatics amongst the
crew and of Asiatic passengers on board proceeding to Cochin-China. The
immigration supervisors have the right to visit ships in the roadstead and
to see that no Asiatics disembark whose destination is not in that port.
In order to prevent clandestine immigration, they may also visit any houses
1
Immigrants arriving at Havana are received at the immigration station oí Tiscornia,
where Jarge buildings have recently been erected for the medical examination of the immigrants' and for providing lodgings until they obtain employment.
2
By the Order of 25 Oct. 1927, applicable to all countries of the Indo-China Union,
Asiatic immigrants engaged for satisfying the needs of agricultural or industrial undertakings must undergo, before landing, an individual medical examination carried out by
a medical officer of the Health Department and also comply with any local regulations
regarding the admission of Asiatic and similar aliens. Their fingerprints are taken by
the Immigration or Identity Department, and if their destination is a country in the Union
different from that in which they land their identity card is drawn up in duplicate and
one copy is sent to the Immigration Department of the country of their destination.
Immigrants are then compulsorily received in the immigration depot, where they are kept
at the expense of the person who has engaged them until they proceed to their employment
(sections 19, 22, and 23).
EXAMINATION ON LANDING
263
or public establishments kept by aliens or natives. The police must
support them, if necessary.
For Tunis, see § 6 as regards the health examination.
GREAT BRITAIN.—According to the Merchant Shipping Act, 1894,
section 336, the master of every ship bringing steerage passengers to the
British Isles shall, within twenty-four hours after arrival, deliver to the
emigration officer at the port of arrival a correct list, signed by the master,
specifying the name, age, and calling of every steerage passenger embarked,
and the port at which he embarked, and showing also any birth which
has occurred and, if any steerage passenger has died, his name and the
supposed cause of his death.
Under section 3 of the Aliens Order, 1920 : (1) an immigration officer
or a medical inspector may inspect any alien seeking to land in the United
Kingdom, and any such inspection should be made as soon as practicable
after his arrival; (2) for the purpose of any such inspection, an alien may
land subject to such conditions as may be imposed either by the immigration officer or by the Secretary of State, and any alien on whom such a
condition is imposed shall not, for the purposes of this Order, be taken to
have landed so long as the conditions are complied with. An alien conditionally landed may be detained in such manner as the Secretary of State
may direct, and whilst so detained is deemed to be in legal custody. The
Secretary of State may prescribe for security to be given by the owners,
agents or master of the ship in the case of aliens conditionally landed;
(3) where leave to land is refused to an alien, the alien may, with the leave
of a n immigration officer, be placed temporarily on shore and detained a t
some place approved by the Secretary of State, and whilst so detained
should be deemed to be in legal custody and not to have landed (section 3, (8)).
Colonies.—The master of a ship arriving in a colony is generally obliged
to deliver to the immigration officer or port officer a written list of the
passengers on board the ship. (Barbados : Immigration of Paupers (Prevention) Act, 1909, section 2, (4); Bermuda : Immigration Act, No. 58 of 1902,
section 6 ; Bahamas : Immigrant Paupers (Prevention) Act, 1908,
section 3 ; Borneo, North Borneo : Indian Immigration Proclamation, 1891 ;
Federated Malay States : Passengers Restriction Enactment, No. 6 of 1922,
section 5, and Labour Code Enactment, No. 18 of 1923, section 19,(1);
Fiji : Immigration Restriction Ordinance, No. 17 of 1909, as amended by
No. 7 of 1917, section 3 and 4; Gambia : Immigration Restriction Ordinance,
No. 12 of 1924, section 6; Gilbert and Ellice Islands : Aliens Immigration
Restriction Ordinance, No 6 of 1924, section 6 ; British Guiana : Destitute
and Criminal Immigrants Regulation Ordinance, No. 4 of 1896; British
Honduras : Immigration of Undesirable Persons Ordinance, No. 20 of 1921,
section 3; Nigeria: Immigration Restriction Ordinance, 1918, section 6;
Solomon Islands : Aliens Immigration Restriction Regulation, 1924;
Somaliland : Immigration Restriction Ordinance, No. 4 of 1924, section 7, (1) ;
Straits Settlements : Passengers Restriction Ordinance, No. 169 of 1919,
section 3 (4); Unfederated Malay States, Johore : Labour Code Enactment,
No. 10 of 1924, section 19 ; Zanzibar : Immigration Regulation and Restriction Decree, No. 8 of 1923, section 15.)
The laws of Barbados and the Bahama Islands and the Federated Malay
States stipulate that this list must show the age and sex of the immigrant,
whether he or she can read or write, whether married or single, the calling
or occupation of the immigrant, place of birth, nationality, last residence,
reason for coming to the colony, etc. Barbados: idem, section 2, (4);
Bahamas : idem ; Federated Malay States : Passengers Restriction Enactment,
No. 6 of 1922, section 5.
I n North Borneo, by the Indian Immigration Proclamation, 1891, the
master of a ship carrying Indian immigrants must transmit to the Indian
immigration agent any passenger list relating to such immigrants, and the
Indian immigration agent must note in writing on the list whether each
264
THE ARRIVAL OF IMMIGRANTS
immigrant named therein has arrived or not and, if not, the cause of his
non-arrival, and shall transmit to the proper Government department in
India a copy of this list when requested.
In the following colonies the master may not permit any passenger to
disembark until all the passengers have been examined and permission to
land has been given : Bermuda : idem, section 7 ; Federated Malay States :
Passengers Restriction Enactment, No. 6 of 1922, section 3; Gambia:
idem, section 7; British Honduras: idem, section 3; Somaliland : idem,
section 7, (2); Straits Settlements : Passengers Restriction Ordinance, No. 169
of 1919, section 6.
There may be no communication with the shore until the requirements
of examination have been carried out. (Federated Malay States : Passengers
Restriction Enactment, No. 6 of 1922, section 3, and Labour Code, No. 18
of 1923, section 13; British Honduras : idem, section 3; Unfederated Malay
States, Johore : Labour Code, No. 10 of 1924, section 13.)
Provision is made for the usual civil or medical examination of passengers
on arrival in : Barbados : Immigration of Paupers (Prevention) Act, 1909,
section 2, (1); Bahamas: Immigrant Paupers (Prevention) Act, 1908,
section 4; Federated Malay States : Passengers Restriction Enactment, No. 6
of 1922, sections 3, 4 and 6, and Aliens Restriction Enactment, No. 12 of
1922, section 3 ; Fiji : Immigration Restriction Ordinance, No. 17 of 1923,
sections 3 and 7 ; Gilbert and Ellice Islands : Aliens Immigration Restriction
Ordinance, No. 6 of 1924, sections 8-11 ; Gold Coast : Immigration Restriction
Ordinance, No. 9 of 1925, section 7 ; British Guiana : Destitute and Criminal
Immigrants Regulation Ordinance, No. 4 of 1896, sections 3, 12, and 14,
and Immigration Restriction Ordinance, 1918, sections 6,7,9-12 ; Nyasaland :
Immigration Ordinance, No. 17 of 1922, section 9; Solomon Islands : Aliens
Immigration Restriction Regulation, 1924, sections 6 and 1 1 ; Somaliland:
Immigration Ordinance, No. 4 of 1924, sections 8,10, and 11 ; Uganda : Immigration Rules, 1921, amended in 1922, sections 4, 5, and 6; Unfederated
Malay States, Johore : Aliens Restriction Enactment, No. 6 of 1923, section 3 ;
Kelantan : Indigent Aliens Immigration Enactment, No. 6 of 1914, sections 2
and 3.
The examination of immigrants entering a colony as labourers under
contract is of a different character, The immigrant may first be examined
to see if he has received a free passage under a promise to work in the colony.
(North Borneo : Indian Immigration Proclamation, 1891, section 22 ; Brunei :
Indian Immigration Enactment, 1924, section 17; Federated Malay States :
Labour Code Enactment, No. 18 of 1923, section 20, referring to Chinese
immigrants; Straits Settlements : Labour Code, 1923, section 60, (1), referring
to Chinese immigrants ; Unfederated Malay States, Johore : Labour Code,
No. 10 of 1924, section 20, referring to Chinese immigrants.)
An immigrant may be detained at a depot until he has made arrangements
for the payment of his debt. (North Borneo : idem, section 23; Federated
Malay States : idem, section 24, referring to Chinese immigrants ; Johore :
idem, section 24, referring to Chinese immigrants.)
Immigrants who are indebted l'or passage money are conveyed to an
examination depot for a medical examination to ascertain whether they
are fit for service. (North Borneo : idem, section 22 ; Brunei : idem, section 17 ;
Federated Malay States : idem, section 20, referring to Chinese immigrants,
and section 44 referring to Indian immigrants; Federated Malay States:
Netherlands Indian Labourers' Protection Enactment, 1909, as amended
by the Federal Enactment, No. 23 of 1910, section 5, (a) ; Straits Settlements :
idem, section 60, (1); Unfederated Malay States, Johore : idem, section 20,
referring to Chinese immigrants, and section 44, referring to Indian immigrants.)
By Notification No. 301 of 11 January 1924 under the Labour Code of
the Federated Malay States, Port Swettenham is declared a compound for
the inspection of immigrants. In the Straits Settlements by the Labour
Ordinance, 1923, P a r t I I I , section 51, (4), the Colonial Secretary is empowered
EXAMINATION ON LANDING
265
to establish at each of the ports of Penang, Malacca, and Singapore depots
for the examination and detention of immigrants.
If it is found upon examination that an immigrant is unfit for work, he
may be sent to a Government hospital for treatment, and if found incurable
or permanently incapacitated he may be repatriated. (North Borneo :
idem, section 24, and Labour Ordinance, 1916, section 28; Brunei : idem,
section 28; Federated Malay States : Labour Code, sections 25, (i), and 44, (i),
and Netherlands Indian Labourers' Protection Enactment, section 5, (a) ;
Straits Settlements : idem, sections 62, (i), and 83; Unfederated Malay States,
Johore : idem, sections 25 and 44, (i).)
The cost of the medical examination must be borne by the creditor of the
immigrant, in : North Borneo : Labour Ordinance, 1916, section 28; Brunei :
idem, section 17; Federated Malay States: Labour Code, sections 25, (i),
and 44, (ii) ; Federated Malay States : Netherlands Indian Labourers' Protection Enactment, section 5, (a) ; Straits Settlements : idem, section 62, (i);
Unfederated Malay States, Johore : idem, section 25, (i).
In British Guiana the Immigration Ordinance of 1891 provides for the
inspection on arrival of all immigrants on board who are sick and their
transference to the Colonial Hospital (section 46).
In Jamaica and Trinidad and Tobago both the ship and the immigrants
must be inspected to see that the provisions of the British Statutes relating
to the transport of immigrants have been carried out, and the immigrants
must also be inspected to see that they are fit for work. (Jamaica : Immigration Protection and Regulation Law, No. 23 of 1879, sections 76 and 77;
Trinidad and Tobago : Immigration Ordinance, No. 26 of 1916, sections 49
and 50.)
GREECE.—Section 2 of the Ordinance of 23 June 1927 makes it compulsory for all persons entering Greek territory to undergo an examination
by the competent police authorities.
GUATEMALA.—On arriving in the territory of the Republic every
immigrant must present himself to the port authorities or the frontier
authorities with documents showing where he has come from and his antecedents and a certificate of good character, in order that these documents
may be countersigned.
Port officers and frontier posts must keep a book in which they note the
names of all persons, nationals or aliens, who enter or leave, with remarks
as to age, nationality, occupation, place of origin and destination.
An extract from this register must be sent every month to the Ministry
of Foreign Affairs to be entered in the general register of all the persons
entering or leaving the country. (Decree No. 936 of 7 December 1926,
sections 31 and 34.)
HAITI.—Every ship arriving in a port in Haiti from abroad must deliver
to the port authorities a list in triplicate of all passengers who are disembarking, stating their name, age, occupation, nationality, etc. (Act of
23 January 1925.)
I R I S H F R E E STATE.—The immigration officer or a medical inspector
may inspect any alien seeking to land in the Irish Free State, and any such
inspection shall be made as soon as practicable after his arrival. Aliens
conditionally landed may be detained in such manner as the Minister may
direct and whilst so detained shall be deemed to be in legal custody. The
Minister may provide for security to be given by the owners, agents or
master of the ship in the case of aliens conditionally landed. (Aliens Order,
1925, section 3, (1), (2), and (8).)
MEXICO.—By the Health Code of 27 May 1925 (sections 70-93) and the
Migration Act of 12 March 1926 (section 43), every ship bringing passengers
266
THE ARRIVAL OF IMMIGRANTS
must, before they disembark, be visited by the port health authorities, the
customs officials, and officials of the Migration Department. If the health
conditions of the vessel permit it, these examinations are held a t the same
time.
The ship's authorities must deliver a list of all passengers who wish to
disembark, showing those who are sick, according to the opinion of the medical
officer on board. All passengers disembarking are then subject to a medical
examination. Individuals suffering from an acute contagious disease are
taken to the lazaret until they have recovered. The cost of treatment of
immigrants is borne by the undertaking which shipped them. Individuals
suffering from a chronic contagious disease are not permitted to land.
Individuals suspected of belonging to one of the prohibited classes are
kept under observation on board the ship or in the sick-room of the vessel
under the supervision of the health and immigration authorities at the
expense of the companies which shipped them.
The same is done with passengers whose state of health is doubtful.
If they cannot show a certificate of vaccination less than five years old,
immigrants who are admitted may not disembark until they have been
vaccinated or re-vaccinated.
These 'provisions apply to immigrants arriving by land, air, or sea.
The Immigration Act of 12 March 1926 lays down that passengers must
disembark a t the place and time fixed by the immigration officer in agreement
with the port authorities.
Every precaution must be taken to see t h a t individuals who are not to
be admitted are prevented from landing. Individuals who disembark at
a place or time not fixed by the above authorities will be considered as landing
illegally and will at once be re-embarked (sections 41-44).
After the examination the immigration officer will draw up a list of persons
not permitted to land, as well as a report of his examination mentioning
the names of all undesirable individuals. This document is signed by the
master of the ship, the consignee, and the Mexican authorities, and a copy
is sent to the Ministry of the Interior. The list of persons rejected is handed
to the ship's authorities so that they, on their own responsibility, may
exert all possible vigilance (section 49).
On arriving in Mexico by any method, the alien who wishes to immigrate
must hand to the migration authorities his personal identity card and
documents proving t h a t he is of good character, exercises a n honest occupation, and is provided with a contract of employment or such resources as
are demanded by the Migration Act and Regulations. He must certify
the truth of his statements. The migration authorities at the place of
entrance must examine his statement and, on admitting the immigrant,
must stamp his identity card, as the absence of this stamp is considered
within Mexico as a proof that the immigrant has entered bv illegal means
(sections 28, 36, and 37).
N E T H E R L A N D S : E a s t Indies.—The master of any ship bringing
passengers on board must, on arrival, hand to the disembarkation officer a
signed list of these passengers. (Royal Order No. 32 of 15 October 1915,
section 2.)
Unless special orders are given by the official supervising disembarkation,
Dutch citizens from the Mother country and aliens coming under the class
of Europeans who are admitted must, on arrival in the Colony, immediately
present their disembarkation permit to the immigration committee in
exchange for an admission ticket. If the person on landing does not appear
of his own free will, the immigration committee may employ the police to
force his attendance, and if the immigrant's situation appears doubtful
he may be kept under supervision. Those travellling first or second class
are not subject to this obligation. (Royal Order No. 32 of 15 October 1915 ;
section 4, and Ordinance of 29 November 1917 (I.S.,No. 693), sections 6
and 7.)
EXAMINATION ON LANDING
267
NEWFOUNDLAND.—The master of any ship landing passengers at
any port in the Colony must furnish a return giving particulars of any such
passengers as are aliens, and the passengers must furnish the master with
such information as is needed for this purpose. (Consolidated Statutes
of Newfoundland, 1916, Chapter 77 ("Of Aliens and Immigration"),
section 5, (1).)
No immigrant may be landed without the leave of the Collector of Customs
at the port, given after an inspection of the immigrants made by him and
by a medical inspector. An immigrant disembarked for the purpose of
inspection is not deemed to have landed. (Idem, section 1.)
The Governor-in-Council may, subject to such conditions as he thinks
fit to impose, exempt any immigrant ships from the provisions of this
section if he is satisfied that a proper system is being maintained for
preventing the embarkation of undesirable immigrants on those ships, or if
security is given that undesirable immigrants will not be landed except for
purposes of transit. (Idem, section 1, (4).)
By the Immigration Act, 1926 (section 9, (1)), before any immigrants or
other persons are permitted to leave a vessel, the immigration officer or any
officer directed to do so may go on board and inspect the vessel and
examine the manifest of passengers and the bill of health. The master
must permit any examination of passengers required under the Act to be
made on board his vessel whenever so directed by the immigration officer
(section 9, (2)).
Every immigrant seeking to land must first appear before an immigration officer and be examined (section 10, (1)). He must answer truly all
questions put to him by the officer (section 10, (2)). Every immigrant as
to whose right to land the examining officer has any doubt must be detained
for further examination by the officer or the Minister (section 10, (3)).
N E W ZEALAND.—Regulations under the Immigration Restriction
Acts provide that the officer of customs shall board every vessel arriving
from places outside New Zealand. The master of every such vessel shall
deliver to the officer of customs the passenger-list and crew-list, and shall
certify in writing whether there is any passenger or member of the crew whose
entry into New Zealand is prohibited.
The master must make suitable arrangements to the satisfaction of the
officer of customs for enabling him to inspect and examine each passenger
and each member of the crew. (Order in Council, 1921, sections 4-6.)
PANAMA.—The medical officer of the port Health Department must
carefully examine all aliens arriving in the country with the intention of
settling, and must report to the authorities any immigrants suffering from
a disease which makes them legally subject to rejection. (Administrative
Code, section 1876.)
PARAGUAY.—On the arrival of a ship bearing immigrants, the captain
must hand a list of their names to the port official who is carrying out the
usual examination before the arrival of the official of the Land Settlement
Department.
The disembarkation inspector of the Lands Settlement Department then
examines on board the ship the papers of immigrants certifying their character
and the type of industrial or agriculatural work for which they are suited.
Individuals whose health is doubtful are examined separately. (Decree
No. 20173 of 24 February 1925, sections 6 to 8.)
PORTUGAL.—Decree No. 13919 of 7 June 1927 states that aliens
entering the country by sea or land must show their identity papers to the
officiais of the immigration service or to any official appointed for this
purpose. These officials, when stamping the passport, must mention on
it the place where the traveller states that he wishes to make up his abode
268
THE ARRIVAL OF IMMIGRANTS
or which he desires to visit. The same official must also send directly to
the Department of Secret Police a. report of the visas which he has granted,
stating the nationality, name, relationship, place of origin, and destination
of the travellers, so as to provide material for their supervision (section 6).
SIAM.—Every ship transporting aliens to Siam must announce its
arrival to the immigration authorities, and must stop at the place appointed
for examination. It must hand to the authorities a list of all aliens on
board classified according to nationality and subdivided according to
language if persons of the same nationality happen to speak different
languages. The list must also state which passengers are in possession of a
passport and which are not. Passengers belonging to the same family
must be grouped together. A list of the crew will be drawn u p separately.
Then the passengers are examined immediately before landing, unless the
number of passengers to be examined is too great, in which case a temporary
disembarkation permit may be granted under sufficient guarantees while
they wait their turn for examination.
If the immigration official considers that any person examined by him
should be excluded according to the terms of the Act, and that this person
must consequently be detained or rejected, he reports his decision in writing
to the person concerned on a form fixed by the regulations. A report also
drawn up in a given form is sent to the owner or master of the ship to inform
him that he must repatriate the rejected person or detain him on board
pending a further examination. (Act of 11 July 2470 of the Buddhist
era (1927), section 5, paragraph 2, and Regulations of 21 July of the same
year, sections 1, 5, 7, 8, 9, 13, and 14.)
S O U T H AFRICA.—The examination for the admission of immigrants
takes place on arrival in the Union, and the High Commissioner of South
Africa in London has no power to grant permits to land or exemptions to
the law (Notice, July 1922). On the other hand the local authorities may
issue to any immigrant who does not fulfil the stipulated conditions a
temporary permit which will allow him to enter and reside in the Union.
No such permit may be issued for a period exceeding twelve months without
the sanction of the Minister (Regulation 20, 1913).
Persons in possession of a certificate of identity showing that they have
previously lived in the country may return to South Africa within a period
of three years after the issue of such permit without being affected by the
restrictions on admission laid down by the law (Regulation 21, 1913).
It is the duty of the master of a ship to furnish certain lists and returns
to immigration officers on demand : (a) list of all passengers; (b) list of the
crew ; (c) list of stowaways ; (d) a certificate under the hand of the medical
officer of the ship stating that no known cases of disease have occurred upon
the voyage, and no known cases of physical or mental infirmity or affliction.
(Immigrants Regulation Act, 1913, section 12.)
Every person arriving at any port may have to appear before an immigration officer and prove that he is not a prohibited immigrant. The immigration officer may require every such person : (a) to make and sign a declaration; (b) to produce documentary or other evidence relative to his claim;
(c) to submit to any examination or test to which he may be lawfully
subjected (section 19).
Any immigration officer may prohibit or regulate any communication
with the ship on which the immigration officer is proceeding with the examination of persons or which is suspected of having on board any prohibited
immigrant, and the immigration officer may take steps to carry out any
such prohibition or regulation (section 11).
U N I T E D STATES.—Manifest.
I t is the duty of the master or commanding officer of the steamer to deliver to the immigration officers at the
port of arrival typewritten or printed lists or manifests made at the time
EXAMINATION ON LANDING
269
and place of embarkation of each alien on board. (Immigration Act, 1917,
section 12.)
These lists must contain the following information :
Full name, age, and sex; whether married or single; calling or occupation; personal description (including height, complexion, colour
of hair and eyes; and marks of identification); whether able to read
or write; nationality; country of birth; race; country of last permanent
residence; name and address of the nearest relative in the country
from which the alien came; seaport for landing in the United States;
final destination, if any, beyond the port of landing; whether having
a ticket through to such final destination ; by whom passage was paid ;
whether in possession of 50 dollars, and, if less, how much; whether
going to join a relative or friend, and, if so, what relative or friend;
and his or her name and complete address ; whether ever before in the
United States, and, if so, when and where; whether ever in prison or
almshouse or an institution or hospital for the care and treatment of
the insane ; whether ever supported by charity ; whether a polygamist ;
whether an anarchist; whether a person who believes in or advocates
the overthrow by force or violence of the Government of the United
States or of all forms of law, or who disbelieves in or is opposed to
organised government, or who advocates the assassination of public
officials, or who advocates or teaches the unlawful destruction of
property, or is a member of or affiliated with any organisation entertaining and teaching disbelief in or opposition to organised government,
or which teaches the unlawful destruction of property, or who advocates or teaches the duty, necessity, or propriety of the unlawful
assaulting or killing of any officer or officers ; whether coming by reason
of any offer, solicitation, promise, or agreement, express or implied,
to perform labour in the United States ; the alien's condition of health,
mental and physical; whether deformed or crippled, and, if so, for
how long and from what cause; whether coming with the intent to
return t o the country whence such alien comes after temporarily
engaging in labouring pursuits in the United States; and such other
items of information as will aid in determining whether any such alien
belongs to any of the excluded classes ; and the master or commanding
officer, owners or consignees must also furnish information in relation
to the sex, age, class of travel, and the foreign port of embarkation of
arriving passengers who are United States citizens.
For purposes of manifesting, alien passengers are regarded as falling into
one or another of the following three classes : first cabin, second cabin,
steerage (Rule 2A, 1925).
Alien stowaways must be manifested and produced for inspection in the
same manner as are other aliens, and the fact that they were stowaways
must be indicated in the manifest.
Each list or manifest must be verified by the signature and the oath or
affirmation of the master or his representative to the effect that he has
caused the surgeon of the vessel to make a physical and mental examination
of each of the aliens on board, and also that according to the best of his
knowledge and belief the information in the lists or manifests concerning
each of the aliens named therein is correct and true. If there is no surgeon
on board any vessel bringing aliens, the mental and physical examinations
and the verification of the lists or manifests must be made by a competent
surgeon employed by the owners of the vessels, and the manifests must be
verified by such surgeon before a United States consular officer or other
officer authorised to administer oaths.
The examination of immigrants at the port of embarkation, carried out
on behalf of the transport companies, does not release the transport companies
from responsibility as regards the transport of persons suffering from illness,
and does not lessen the strictness of the examination on arrival.
270
THE ARRIVAL OF IMMIGRANTS
Procedure on Arrival. According to the Immigration Act, 1917, it is
the duty of every person bringing an alien to any sea port or land border
port of the United States to prevent the landing of such alien in the United
States at any time or place other than as designated by the immigration
officers (section 10).
For the purposes of determining whether aliens arriving at ports of the
United States belong to any of the excluded classes, the CommissionerGeneral of Immigration may direct that such aliens shall be detained on
board the vessel bringing them or in a United States immigration station,
a sufficient time to enable the immigration officers and medical officers to
subject aliens to inspection and examination (section 11).
Upon arrival it is the duty of the immigration officials to inspect all aliens ;
or they may order their temporary removal for examination at a designated
time and place (section 15).
Right of Search and Power oj Arrest. Any immigrant inspector may,
without warrant, arrest an alien who is attempting to enter the United
States in violation of any law or regulation concerning the admission of
aliens, and may board and search for aliens any vessel within the territorial
waters of the United States, railway, car, conveyance, or vehicle in which
he has reason to believe that any alien is being brought into the United
States. Any duly authorised inspector may forthwith accord a hearing
to any alien arrested by him to determine the right of the alien to admission
(Rule 27F, 1927).
Medical Examination.
The la,w further provides that the physical and
mental examination of all arriving aliens is made by medical officers of the
United States Public Health Service, or, if no such officers are available,
by civil surgeons of not less than four years' professional experience. In
considering and determining medical questions; such officers are to be
guided by the instructions issued by the Surgeon-General of the Public
Health Services (section 16).
Aliens may be detained in hospital, and inspection as to their admissibility may be postponed; similar postponements may take place for members
of a family dependent on a member detained in hospital (Rule 3D, 1927).
The examination is made by at least two medical officers. Any alien
certified for insanity or mental deficiency may appeal to the Board of Medical
Officers of the United States Public Health Service, and may introduce
before such Board one expert medical witness at his own cost. (Immigration
Act, 1917, section 16.)
Whenever an alien who has been naturalised or has taken up his permanent residence in the United States sends for his wife or minor children to
join him, and the wife or any of the children are found t o be affected with
a contagious disease, it must be determined whether the disease is easily
curable and whether the husband or father or other responsible person is
willing to bear the expense of the treatment. If it is possible for them to
land without danger to other persons they may be admitted outright or
they may receive hospital treatment and be admitted when thus cured
(section 22).
Examination by Immigration Inspectors. Aliens arriving at ports of
the United States are examined by at least two immigration inspectors
who are authorised and empowered to board and search any vessel, railway
car, or other conveyance in which they believe aliens are brought into the
United States. The inspectors have power to administer oaths and to
take and consider evidence touching the right of any alien to enter, re-enter,
pass through, or reside in the United States. (Immigration Act, 1917,
section 16.)
Admissibility is to be determined by the appropriate immigration officers
as promptly as the circumstances permit (Rule 3C, 1927).
AH aliens are required to state upon oath the purposes for which they
come, the length of time they intend to remain in the United States, whether
EXAMINATION ON LANDING
271
or not they intend to abide in the United States permanently and become
citizens thereof, and such other items of information regarding themselves
as will aid the immigration officials in determining whether they belong
to any of the excluded classes.
Any commissioner of immigration has power to require by subpoena
the attendance and testimony of witnesses, and to that end may invoke
the aid of any court of the United States. Any alien liable to be excluded
because likely to become a public charge or because of physical disability
other than tuberculosis, in any form, or a loathsome or dangerous contagious disease may, if otherwise admissible, nevertheless be admitted upon
the giving of a suitable and proper bond or undertaking, or may deposit in
cash such amount as the Secretary of Labour may require. In the event of
permanent departure, this sum is returned to the person by whom furnished,
or to his legal representatives. (Immigration Act, 1917, section 21.)
Reading Test1. When applying the reading test immigration officers
use printed and numbered slips. No two aliens listed upon the same
manifest sheet are examined by the use of the same slip. If the examining
inspector is unable to speak and understand the language or dialect in which
the alien is examined, the services of an interpreter are used for interpreting
into spoken English the printed matter read by the alien, so that the
examining inspector may compare such interpretation with the slip of
corresponding serial number containing the English translation of the
reading matter.
If for any reason it is impracticable to adopt this general method, immigration officers may employ such other means as will clearly demonstrate the
alien's ability or lack of ability to read.
If the alien is unable to satisfy the examining inspectors, he is detained
and examined by a board of specialinquiry (Rule 3L, 1927). (Cf. Chapter VIII,
§5.)
Reporting Condition of Vessels. Immigration officers who board vessels
arriving at United States ports for the purpose of inspecting passengers or
crew shall observe the conditions prevailing upon the vessel with respect
t o sanitation and the comfort of passengers and crew, and such officers in
every instance shall submit a report to the immigration official in charge
of the port (Rule 271, 1927).
Special Procedure for Certain Aliens. At ports of arrivai where it is
the practice to examine first-class and secorid-class alien passengers on board
ships, third-class passengers, when holding an unexpired permit to re-enter
the United States or a "labourer's return certificate", shall also be accorded
examination at the same place, and if found admissible they shall be admitted
direct from the ship. The same procedure is adopted for immigrants who
have been examined by United States officials in Europe, aliens who clearly
and beyond a doubt are of the non-immigrant class, and Canadian citizens
en route to Canada. (General Order No. 39.)
Inspection at Canadian Ports. A number of Canadian ports (cf. § 7) are
designated as ports of entry for aliens bound for the United States (Rule 3).
All inspections and medical examinations conducted at these ports, so far
as immigrants bound for the United States are concerned, must be in all
respects similar to those conducted at United States ports. Every alien
found admissible to the United States receives a certificate of identity signed
by the United States officials stationed at the ports in question, and is then
admitted at the land frontier without further examination, provided that
the status of the holder of the certificate has undergone no change between
the time of receiving the certificate and his arrival at the frontier. Any alien
not provided with a certificate who applies for admission into the United
States within one year of his arrival at a Canadian sea port may, at the
1
Of. Chapter III, § 1, (e).
272
THE ARRIVAL OF IMMIGRANTS
discretion of the United States immigration official, be returned by the
responsible transportation company to the sea port of arrival for examination,
manifesting and proper assessment of head tax, unless the alien was originally
destined in good faith to Canada, or unless Canadian officials declare him
eligible for residence in the Dominion, and the transportation company
concerned arranges for his removal to a reasonable distance from the frontier.
AU persons seeking entry from Canada without having been previously
examined and granted a certificate of identity and who do not appear to
the examining inspector clearly entitled to enter the United States, those
in whose cases certificates are cancelled prior to or upon arrival at the frontier,
and aliens brought to the border who have arrived in Canada by steamship
lines which have not complied with the requirements of the law must, a t the
direction of the inspector, be removed from the railway train or other
vehicle by the person in charge; of the transportation line concerned and
delivered to the immigration office for further examination and inspection
(Rule 4).
Aliens seeking entry to the United States from Canada who, at the direction of an immigration inspector, are removed from the railway train or
other vehicle of travel and delivered to an immigration office for further
examination shall when finally excluded be returned by the transportation
company concerned a reasonable distance, not exceeding 100 miles, into
Canada : provided that where the mental, physical, financial, or moral
status of the alien is such that, in the opinion of the proper official, such
person should be returned to the initial point of departure in Canada, the
tran$portation company or other interest concerned shall, upon request,
Teturn such alien to such initial point of departure (Rule 17É, 1927).
Inspection in Hawaii. Aliens arriving in Hawaii and bound for continental
United States are inspected and given a certificate signed by the immigration officer at Hawaii showing the fact and the date of landing. Aliens
who, having been manifested in Hawaii and having resided there for a
time, signify to the immigration officer an intention to go to continental
United States, receive a certificate as evidence of their lawful admission
a t a Hawaiian port. This certificate gives the holder the right to land upon
identification, provided that when admitted to Hawaii he was not a member
of the excluded classes or likely to become a public charge (Rule 10, 1927).
URUGUAY.—The disembarkation inspection is carried on simultaneously by an inspector and by a port medical officer. A complete list of
the passengers must be given to the inspector, who examines personally
all suspected individuals. In case of disease or illness the medical examination decides whether the victim will be admitted or rejected.
If the medical officer cannot diagnose exactly the disease from which a
person is suffering, but suspects that it is a disease which would debar him
from admission, the suspect may be conditionally landed and put under
observation in a hospital. (Decree of 18 February 1915.)
VENEZUELA.—The Act of 1918 states that any ship bringing immigrants
shall on arrival be visited by a medical officer of the health department
and an official of the immigration committee who will examine its sanitary
condition and supervise the enforcement of the legal regulations.
§ 3.—Examination at the Land Frontier
There are also certain legal provisions regarding the examination at land frontiers. This examination has the same purpose
as the examination at the ports, but the methods are of necessity
EXAMINATION AT THE LAND FRONTIER
273
different. Moreover, such provisions are not so common nor
are they so definite as those controlling entry by sea, probably
because control of the land frontiers is more difficult from a
practical point of view, so t h a t the regulation of continental
migration has to be carried out by different methods from those
used for regulating transoceanic immigration. I n the former
case conditions of employment and of residence have so far
taken precedence over conditions of entry.
There are, moreover, certain examples of continental migration
taking place by sea and which, consequently, are subject to the
entry examinations mentioned in the previous section. I n the
present section no mention is made of the various summary and
very general examinations to which every person is subjected
on crossing a land frontier and which are not specially concerned
with migrants. There will be found in Chapter X I I ("Continental
Immigration") certain regulations regarding the facilities granted
t o frontier workers who have to cross the frontier in order to
reach their place of employment. International agreements
have also been concluded on this subject (cf. Volume I I I ,
Chapter IV).
BRITISH MANDATED TERRITORIES : Tanganyika. — Every
person entering the Territory by land must forthwith present himself in
person to the nearest immigration officer.
The guard of a train and the person in charge of a vehicle arriving from
any place outside the Territory shall, if so required, furnish the immigration
officer with a list in duplicate, signed by himself, of the names of all passengers
in the train, or vehicle, and such other information as may be prescribed,
and every such passenger shall supply the information necessary for the
purpose of the list (section 11). (Immigration Ordinance, No. 16 of 1924.
sections 10 and 11.)
Palestine.—The Chief Immigration Officer and any other immigration
officer have the same powers of search on a railway train as on a vessel
(cf. § 2). (Immigration Ordinance, No. 32 of 1925, section 3.)
F R E N C H M A N D A T E D T E R R I T O R Y : Togo.—On entering the
territory of Togo every person, whether of French nationality or alien, must
on pain of expulsion show his passport as soon as possible to the district
commandant for a visa. (Decree No. 71 of 31 January 1927.)
ARGENTINA.—At the points for crossing land frontiers the examination of immigrants is undertaken by an official of the General Immigration
Office or, in his absence, by branches of the General Taxes Department
(Dirección General de Rentas), which reports any doubtful cases which may
arise to the General Immigration Office, which gives a final decision. (Decree
of 31 December 1923, section 22.)
CANADA.—From the point of view of the obligations arising out of the
immigration law, transport companies bringing immigrants to Canada by
18
274
THE ARRIVAL OF IMMIGRANTS
land are in the same position as the masters or owners of ships. They are
similarly required to report the names and description of immigrants and
travellers carried by them. Immigration officers may be authorised to
stop and visit trains and other vehicles on entering Canada, in order to
examine immigrants and travellers in accordance with the law. They may
also impose fines on the companies and their employees, should the provisions of the law not be observed. The companies may also be required by
regulations to establish hostels for the detention and examination of travellers at frontier stations designated by the Minister.
The companies may not, however, be regarded as responsible for the
detention of a person who has broken the law, unless such person is found
in a train or other vehicle belonging to the company. (The Immigration
Act, 1910-1924, section 31.)
The provisions relating to the entry, inspection, and examination of
immigrants at the frontier must be carried out in such a way that these
operations do not uselessly retard and annoy the ordinary traveller. (Idem,
section 32.)
The transport companies also assume responsibility as regards the action
of other transport companies with which they co-operate. They are bound
to furnish to immigration officers such free transport as may be required
in connection with their official duties. (Idem, sections 30 and 31, (4).)
By the Chinese Immigration Act; 1923 (section 21), it is provided that
every conductor or other person in charge of any railway train or car bringing
persons of Chinese origin or descent into Canada shall, immediately on his
arrival, deliver to the Controller or other officer at the port or place of arrival
a report containing a complete and accurate list of all persons of Chinese
origin or descent arriving by or being on board of the railway train or car
of which he is in charge, and showing their names in full, the country and
place of their birth, their occupation, and last place of domicile; and he
shall not allow any such persons to disembark from the train or car until
after the report has been made.
FRANCE.—At frontier posts (also known as immigration offices), whose
working is explained in § 1 of Chapter IV, officials of the Foreign Labour
Department of the Ministry of Labour and of the Ministry of Agriculture
examine the employment certificates with which alien workers must be
provided (cf. Chapter I I I , § 1, (g)) and make certain that they are in
possession of the documents (health certificate, etc.) mentioned above
(cf. Chapter I I I , § 1, (i), and § 2).
Moreover, in the same offices there is a representative of the Health
Department, who, if necessary, briefly examines the health of immigrant
workers. This examination is merely for the purpose of finding out whether
the new arrival is suffering from any very contagious disease and of making
certain that he has been recently vaccinated.
G R E A T B R I T A I N : Colonies.—Gold Coast. Every non-native
passenger entering the Colony by land shall appear before the nearest
immigration officer who, after such examination as he may consider necessary, shall inform the immigrant whether or not he is a'prohibited immigrant.
(Immigration Restriction Ordinance, No. 9 of 1925.)
Northern and Southern Rhodesia. Every person arriving in the territory
shall, if required, appear before an immigration officer and satisfy such
officer that he is not a prohibited immigrant. He may be required to :
(a) make or sign a declaration; and (b) produce documentary or other
evidence of his claim to enter the territory ; and (c) submit to any examination Or test to which he may be lawfully subjected ; or (d) submit to a medical
examination if he is suspected of being afflicted with any disease which
would render him a prohibited immigrant. (Northern Rhodesia : Immigrants
Regulation Proclamation, No. 15 of 1915, section 13; Soulhern Rhodesia:
Immigrants Regulation Act, No. 7 of 1914, section 12.)
EXAMINATION AT THE LAND FRONTIER
275
Somaliland. Every non-native 1 , other than a person of European race
or extraction, who enters the Protectorate otherwise than by sea must
appear before the nearest immigration officer, who, after such examination
as he may consider necessary, shall inform the person whether he is a prohibited immigrant or not. Any immigrant, failing to comply with this
provision or withholding any information which would bring him into the
class of prohibited immigrants, shall be liable to a fine of Rs. 750 or
imprisonment for six months, and may be dealt with as a prohibited
immigrant.
Any person who on examination is found to be a fit and proper person
to enter the territory shall be furnished with a certificate to this effect.
(Immigration Restriction Ordinance, No. 4 of 1924, sections 9, 10, and
11, (a).)
Straits Settlements. On the arrival in the Colony of any railway train
which may be reasonably suspected of carrying Chinese immigrants, an
officer of the Chinese Protectorate may board and examine such train in
order to ascertain if there are any Chinese immigrants on board. (Labour
Ordinance, No. 14 of 1923, section 59, (i).)
GREECE.—See Chapter VIII, § 2.
MEXICO.—Aliens entering the country by land must present themselves
to the local migration official and carry out the legal formalities. The
examination must take place in the offices of the Migration Department,
and only in urgent cases can it be held in the trains. In every case this
examination must be carried out by the head of a migration office, who is
responsible for any errors which may arise. Unless in the case of any flagrant
infringement of the law, subordinate officials are not allowed to decide
whether an immigrant should be rejected or deported.
Migration officials must make known the places and times legally fixed
for the entry of immigrants who do not arrive by train. The entry of aliens
by land at a time and place not fixed by the authorities and without reporting to the Migration Department will be punished by the same fine
as is imposed on aliens who have entered by illegal means. (Act of 12 March
1926, sections 57-61 and 90 ; cf. also the regulations mentioned in § 2.)
PANAMA.—Aliens entering the country by the land frontiers must
report to the chief authorities of the district where they enter, stating
their name, age, occupation, religion, nationality, place of origin, and previous
residence, and must show that they possess the minimum capital demanded
for the entry of aliens. They must also present a certificate of character
not more than three months old, signed by the authorities of Colombia
or Costa Rica. The official who receives them must then carry out the
medical examination to make certain that the health of the immigrant
is satisfactory. (Administrative Code, sections 1879 and 1880.)
SIAM.—The owner or master of any conveyance bringing aliens
into Siam must give notice of his arrival to the immigration officials of the
first post which he reaches in Siamese territory, and must stop at the place
indicated by these officials in order to permit of the alien travellers being
examined as required by the Immigration Act. He must hand to these
authorities a list of the aliens whom he is transporting, on the form referred
to in connection with entry by sea ( § 2) and the examination is carried out
on the whole in the same manner; in particular the transport agent must
1
" N a t i v e s " are defined as "all Somalis who belong to tribes normally living within
t h e P r o t e c t o r a t e , all natives known as 'Zeyiawis' and persons of Sudanese origin permanently in t h e P r o t e c t o r a t e " (Immigration Ordinance, No. 1 oí 1924, section 5).
276
THE ARRIVAL OF IMMIGRANTS
fulfil the same obligations in both cases. (Regulations under the Immigration Act dated 21 July 2470 of the Buddhist era (1927).)
U N I T E D STATES.—The Rules of 1927 provide that aliens seeking
to enter the United States from foreign contiguous territory shall, upon
arrival, be inspected by the proper immigration officials, who shall prepare
a manifest containing full and accurate information concerning such alien
(Rule 2G, 1927).
This manifest must state full name, age, and sex; whether married or
single; calling or occupation; personal description; whether able to read
or write; nationality, race, place of birth, country of last permanent residence; name and address of nearest relative in the country from which the
alien came ; if naturalised citizen of Canada, of what country a citizen before
becoming a citizen of Canada; sea port and date of landing and name of
steamship; final destination and whether having ticket through to such final
destination; by whom transportation paid; whether in possession of $50,
and, if less, how much ; whether going to join a relative or friend, and, if so,
the name and address of such relative or friend ; whether ever before in t h e
United States, and, if so, when and where; purpose in coming to United
States and length of time intending to remain and whether intending to
become a citizen. Immigration officials shall state whether alien is an
immigrant or non-immigrant, the character of head-tax assessment, and,
if exempt from head t a x , t h e reason therefor (Rule 2G, 1927).
§ 4.—Special R e g u l a t i o n s for I m m i g r a t i o n by A i r
The development of air communications has recently produced
certain regulations for t h e supervision of passengers travelling
by air. Reference will be made here only t o such as seem t o
apply specially t o immigrants in the strict sense of the term.
Sometimes the harbour and frontier officials who supervise t h e
entry of immigrants also control immigration b y air, and t h e
aeroplane carrying passengers has t o descend for examination
a t these places on entering the "national air". I n other countries
air ports are specially fixed by legislation for the descent of
aeroplanes coming from abroad.
G R E A T BRITAIN.—By the Aliens' Order, 1920, amended in 1923,
Lympp.e, Croydon, and Cricklewood are designated as approved air stations
for the admission of aliens.
MEXICO.—Chapter V of the Migration Act of 12 March 1926
(sections 51-56) deals with the arrival and departure of passengers by air.
It is laid down that passenger aeroplanes must enter the "national a i r "
at the points fixed for immigration in general and at regulation hours.
Every aeroplane pilot must land as soon as ordered by the migration
authorities or at least as soon as circumstances permit. At the point of
entry for the district to which he is travelling, he must stop and undergo
inspection by the migration authorities. The conditions of the examination
are the same as for entry by sea (ef. § 2). Once the regulation examination
has been held, the pilot is given a certificate to prove that he has complied
with the conditions of entry, and this document must be shown to the authorities Whenever asked for.
PROCEDURE FOR ADMISSION OR R E J E C T I O N
277
NORWAY.—The Act of 22 April 1927 provides that regulations will
be issued later ordering ships and aerial vessels bringing passengers to hand
to the police a written list of the passengers on board, particularly with
reference to aliens.
The latter must give the pilot of the aeroplane all necessary information
for this purpose (section 23).
SIAM.—The Immigration Act of 11 July 2470 of the Buddhist era (1927)
and the regulations for its enforcement make no difference between the
formalities for entering the country by any route whatsoever. The owner,
charterer, or master of any conveyance must bring the passengers to be
examined by the immigration officials of the first post which they come
to in Siamese territory.
UNITED STATES.—In accordance with the Air Commerce Act,
which received the assent of the Presidenten 20 May 1926, the Secretary of
Labour is authorised to designate any of the points of entry for civil aircraft
as ports of entry for aliens, to appoint immigration officers at such ports,
and by regulation to provide for the application to civil air navigation of
the laws and regulations relating to the administration of the immigration
laws K
§ 5.—Procedure for A d m i s s i o n o r Rejection :
A p p e a l s against D e c i s i o n s
Various legal provisions refer t o t h e position of individuals
concerning whom t h e examining official is doubtful. I n t h e case
of a sick person, measures are taken for providing medical
treatment, t h e result of which will finally decide whether t h e
person will be admitted or rejected. If t h e doubt proceeds from
some other cause, t h e case is often referred t o a second authority
for decision. The same occurs when there is dissatisfaction with
such decisions, and in many countries special courts have been
set u p . During t h e period required for settling t h e matter,
precautions are taken t o prevent t h e clandestine immigration
of t h e individual concerned. Precautions of t h e same kind are
also taken with regard t o individuals who have definitely been
stated t o b e inadmissible until they are deported.
Sometimes t h e person concerned m a y appeal against t h e
decision for rejection passed b y t h e special court t o a higher
authority, whose decision is final.
Moreover, there are very frequently regulations regarding t h e
rejection of aliens who have definitely been refused admission
to t h e country. These are dealt with in Chapter X , § 1.
1
U N I T E D S T A T E S DEPABTJUP:NT O F L A B O U R : Annual
of Immigrai ion for the fiscal year elided 30 June. 1926.
Report
of ihc
Commissioner-General
278
THE ARRIVAL OF IMMIGRANTS
B R I T I S H M A N D A T E D T E R R I T O R Y : T a n g a n y i k a . — A n immigration officer who decides that a person is a prohibited immigrant shall
serve him with the prescribed notice and, if the immigrant arrived by sea,
shall also inform the master of the ship. The immigrant may, within
seven days deliver to the immigration officer either : (a) notice of appeal
against the decision, or (b) an application to the Governor for a licence to
remain in the Territory. The appeal shall be heard by the nearest subordinate court. Security by deposit or bond may be required of any immigrant who delivers notice of an appeal or an application for a Governor's
licence. (Immigration Ordinance, No. 16 of 1924, sections 14 and 22.)
SOUTH AFRICAN MANDATED TERRITORY : South-West
Africa.—The Administrator is empowered to appoint one or more boards
for the summary determination of appeals by persons detained on entering
the Territory, or arrested within the Territory as prohibited immigrants.
Such a board must consist of three or more persons and the chairman is
designated by the Administrator. The board has exclusive jurisdiction
to hear and determine any appeal made by a person who is considered as a
prohibited immigrant.
Whenever leave to enter the Territory is withheld by any immigration
officer, or when any person is detained, restricted or arrested as a prohibited
immigrant; notice o f t h a t fact and the grounds of refusal, detention, restriction or arrest, must be given by the officer in writing to the immigrant.
Every such person may appeal to the Immigration Board. No court Í of
law in the Territory has, except upon a question of law, any jurisdiction
to interfere in any way with the administration of the Act relative to a
person who is being dealt with as a prohibited immigrant. (Immigrants
Regulation Proclamation, No. 23 of 1924, sections 3, (5), 3, (6), and 4, (1).)
ARGENTINA.—All passengers rejected at the examination held on
the arrival of a ship are kept on board the ship, and are forbidden to land
until they have been taken back to their place of departure at the expense
of the shipping company. The company must first of all pay a fine fixed
for each case by the General Immigration Office and not exceeding 100 gold
pesos i1 per individual. To make certain that rejected persons are kept
in safe custody by the ships which brought them, the master may also be
made to pay a deposit not exceeding 1,000 gold pesos. Before the departure
of the ship the immigration inspectors make certain that the rejected immigrants are on board. The deposit is not returned until a certificate is received
from the consul a t the port of sailing stating that they have returned.
The General Immigration Office has also the right to keep on board ship,
under the care of the master, any passengers whose right to settle in the
country seems doubtful, and who are considered suspected persons until a
definite judgment has been given regarding their application for admission
to Argentina. (Decree of 31 December 1923, sections 9, 11, and 18.)
B E L G I U M : Congo.—The immigration authorities notify in writing
any persons who are considered undesirable, in terms of the provisions of
the Ordinance Act of 8 March 1922, that they are not permitted to enter
the territory or that they must leave it. The reasons for this rejection
must be stated.
Any appeal against this decision must be lodged within a week with the
Commissioner of the District. This period may be reduced if the immigrants
arrive on a ship which is due to leave the Congo before a week has expired.
An appeal against the decision of the Commissioner may be lodged with
the Vice-Governor-General.
When it appears to an immigration official that a person is undesirable
One Argentino gold peso = approximately 4s. 2d.
PROCEDURE FOR ADMISSION OR REJECTION
279
and that an enquiry is necessary, the official in question instructs the person
to remain at his disposal for a period which may not exceed fifteen days.
If a sufficient deposit is not supplied the migrant may be arrested and
kept in prison (sections 4, 5, 6, and 8).
CANADA.—The Immigration Act, 1910-1924, declares that, if, at the
examination at the port of disembarkation, there is any doubt as to admissibility, the immigrants concerned are detained for further examination by
the officer or by a board of enquiry. They are then either immediately
landed, or rejected and kept in custody pending deportation.
Pending the final disposition of the case of any person detained or taken
into custody, the immigrant may be released under a bond, with security
approved by the officer in charge, or he may be released on making a deposit ;
in either case he must appear when called upon before an officer or a board
of enquiry for examination regarding the cause for which he was taken into
custody (section 33). It is provided, however, by Rule 4, (6), of the Immigration Rules, 1924, that this provision does not apply to a person seeking
admission at a port of entry to Canada from the United States, except in
the case of a person or organisation belonging to the non-immigrant classes
and admitted temporarily.
The Act further states that an appeal may be made against the decision
of an officer or a board, unless the latter is based on the certificate of a medical
officer. It must be filed immediately after rejection (sections 18 and 19).
In case of the appeal being dismissed by the Minister, the appellant must
forthwith be deported (section 19). The decision of the Minister or of the
board of enquiry is final. No court may reverse it except in the case of a
person of Canadian citizenship or domicile (section 23) 1 .
In regard to the admission of Chinese persons, the Chinese Immigration
Act, 1923, stipulates in section 10 that : "If, on the preliminary hearing,
the Controller is not satisfied that such person is entitled to remain in Canada,
the hearing shall be thereupon adjourned for forty-eight hours or for such
longer period as the Controller may see fit, and an opportunity shall be given
such person to consult with duly accredited legal counsel, who shall be
entitled to represent him upon the hearing and upon all subsequent
proceedings."
Section 11 of the same Act provides that there shall be no appeal from the
decision of the Controller, as to there jection or deportation of any immigrant,
passenger, or other person found to be of Chinese origin or descent when
such decision is based upon a certificate of the examining medical officer,
provided always that Canadian citizens and persons who have left Canada
with the declared intention of returning thereto and are seeking re-entry
in accordance with the provisions laid down shall be permitted to land in
Canada.
If on the preliminary hearing, the Controller is not satisfied that the
person is entitled to remain in Canada, the hearing must be adjourned for
forty-eight hours. Such notice of appeal shall act as a stay of all proceedings
until a final decision is rendered by the Minister. Pending such decision,
the appellant and those dependent upon him are kept in custody at an
immigration station. The Controller may, however, at his discretion, release
any person detained or taken into custody for any cause under the Act
pending the final disposition of his case, upon the deposit of money to an
amount and under conditions specified by the Controller (sections 12-14).
CUBA.—The examination of immigrants is carried out in a private
room, but every immigrant whose entry into the country is prohibited or
1
That is to say, for the purpose oí this Act, such persons as have been resident in Canada
(or the previous five years after having- been admitted according to the regulations
(section 2, (d)).
280
THE ARRIVAL OF IMMIGRANTS
who has to wait for a decision on this point may be allowed to interview
his friends or an advocate under conditions laid down by the Customs
Department.
By Order No. 155 of 15 May 1902 any immigrant who considers the decision of the inspectors to be unjust may appeal against this decision to a
subordinate court, and his rejection is postponed until a final decision is
given. Similarly, an inspector who does not agree with any decision to
admit an immigrant may lodge an appeal against it. These steps must
be taken in writing and the appeal handed to the local customs official, who
forwards it with all necessary documents to the head of the Customs Department in Cuba. The cost of the supervision and maintenance of immigrants
who are rejected and who lodge an appeal, as well as the cost of maintenance
and transport of those who are eventually deported, must be borne by the
transport agents who brought them. A deposit of 500 dollars 1 may be
demanded as a guarantee for their safe custody (sections 2, 9, and 10).
ECUADOR.—Aliens who are refused admission by the port authorities
or the frontier authorities whose duty it is to supervise the admission or
rejection of immigrants may appeal verbally or in writing to the chief
political body of the port or frontier station in question, which will deal
with the request as quickly as possible. (Act of 18 October 1921, section 28.)
G R E A T B R I T A I N ¡Colonies.—Nyasaland Protectorate. The immigration officer may postpone his decision as to whether a person may be allowed
to enter the Protectorate or not for fourteen days in order that enquiries
may be made. During that time, if the person does not give security that
he will appear when required, he may be detained at the nearest convenient
prison. If the immigration officer decides that he may enter, he shall, be
notiâed. If the officer decides otherwise, the immigrant may appeal against
the decision within seven days after receipt of the notification. The case
shall then be heard by a magistrate, whose decision shall be final. (Nyasaland Immigration Ordinance, No. 17 of 1922, sections 10-13.)
Northern Rhodesia and Southern Rhodesia. The immigration officer
must notify any prohibited immigrant of the grounds on which he is refused,
detained, or arrested. The immigrant may appeal to the nearest magistrate's
court. An appeal shall lie from the magistrate's decision to the High Court,
but must be lodged within one week of the decision. The judge of the High
Court shall issue a warrant for the removal of the immigrant. Immigrants
who are considered undesirable on account of standard or habits of life,
or où account of information received through official channels, have no
right of appeal. An immigrant may not be detained for more than fourteen
days while the Immigration Officer makes enquiries as to his identity and
antecedents, and if he cannot give security that he will appear when called
upon he may be detained at the nearest convenient prison. {Northern
Rhodesia : Immigrants Regulation Proclamation, No. 15 of 1915,
sections 4, 6, and 8, (1); Southern Rhodesia : Immigrants Regulation Act,
No. 7 of 1914, sections 4, 6, and 8, (1).)
MEXICO.—By the Migration Act of 12 March 1926, after the examination a list of prohibited immigrants is drawn up and distributed to the
officials, who on their own responsibility must keep under close observation
those persons who are refused admission (section 49).
When an immigrant is thought to belong to a prohibited category, he
must be kept under observation at the expense of the shipping company
or the railway company which brought him until the immigration authorities
have come to a decision in his case. The immigrant must then provide,
1
One Cuban dollar = approximately 4s. 2d.
PROCEDURE FOB ADMISSION OR R E J E C T I O N
281
if necessary, documents proving his good character, the honourable nature
of his occupation and his ability to gain a livelihood (section 30).
Another section of the same Act states that all requests, complaints, or
other documents addressed by individuals of any nationality to the
migration officials must be written in Spanish as otherwise they will not
be considered (section 21).
In doubtful cases, when the examination and disembarkation have been
carried out, the officials of the Migration Service are required merely to
provide information, and the solution of any difficulty rests with the Minister
of the Interior (section 50).
NEWFOUNDLAND.—When leave to land is withheld in the case of
any immigrant, the master, owner, or agent of the ship on which he came,
or the immigrant himself, may appeal to the Minister of Finance and Customs,
and that officer gives leave to land if he is satisfied that it should not he
withheld. (Consolidated Statutes of Newfoundland, 1916, Chapter 77
("Of Aliens and Immigration"), section 1, (2).)
PARAGUAY.—Ships bringing passengers who belong to a prohibited
class are in every case subject to a fine equal to the cost of the ticket. This
fine is imposed by the pretect of the port, and the ship must not depart
until it has been paid.
Consuls and other officials of the country who have granted a visa to
immigrants who do not fulfil the conditions for admission are liable to
the same fines. (Decree of 24 February 1925, sections 11 and 12.)
PERU.—By Act No. 4145 of 22 September 1920, aliens rejected by the
immigration authorities may appeal against their decision verbally or in
writing on unstamped paper to the port authorities or the administrative
authorities of the frontier station. This appeal is transmitted to a committee
formed of the subordinate judge, the competent justice of the peace, the
municipal magistrate (alcalde), and a representative of the port authorities
or the frontier authorities.
In a case of sickness a medical officer, or failing him, any medical man,
may decide within a period of forty-eight hours whether the sick person
should be admitted or rejected. If the decision of the committee favours
rejection, the party concerned may ask to be examined by the Minister of
Foreign Affairs, whose decision is final (section 4).
SIAM.—When, in the opinion of the immigration authorities, an alien
appears to belong to a prohibited class and an enquiry is undertaken to
decide the matter, the alien in question may be kept during this enquiry
either on board the ship which brought him or in any other suitable place.
When such a large number of aliens arrive at one time in Siamese territory
that the examination and scrutiny of their identity papers requires considerable time, such aliens may be granted a temporary permit to enter Siam,
provided they give a guarantee which will be accepted by the Minister
of the Interior or by the immigration officials who represent him. In the
case of a personal guarantee, the person in question must have resided in
Siam for at least one year and must be recognised as sufficiently honest
and solvent.
When after the enquiry it has been decided that the alien is not admissible,
this decision must be communicated to him in writing. He has a period
of twenty-four hours in which to appeal against the decision of the immigration authorities to a subordinate court, whose decision may later be submitted
to the Minister of the Interior: the latter's decision is final. Any individual
who objects to being classed as an alien must submit his complaint to a
subordinate court.
An immigrant cannot be thus detained for more than four days. Orders
for detention issued by the subordinate court may not exceed a period of
282
THE ARRIVAL OF IMMIGRANTS
ten days. If circumstances make it necessary to detain an immigrant for
a longer period, the court may renew its order. When an enquiry is being
held concerning a sick person, the latter may be interned in hospital during
the necessary period. (Immigration Act of 11 July 2470 of the Buddhist
era (1027), sections 11,16, and 17, and Regulations of 21 July, sections 6-10,
13, 1$, and 16.)
S O U T H AFRICA.—According to the Immigrants Regulation Act,
1913, a prohibited immigrant may be arrested and removed from the Union,
and pending removal may be detained in custody (section 21).
If leave to enter the Union or any particular province is withheld, the
immigration officer must inform the person concerned in writing, stating
the reasons for refusal, detention, etc. If the immigrant has arrived by sea,
the captain of the ship on which he arrived must similarly be informed
(section 2, (5)).
A prohibited immigrant must be detained on the ship by the master,
who must remove him from the Union. The immigration officer may cause
the immigrant to be removed in custody from the ship and be detained in
any other place. The master is liable to pay the cost of the detention,
maintenance and control of the person detained. The immigration officer
may require the master or owner of a ship to deposit a sum sufficient to
cover any expense that may be incurred by the Immigration Department
in connection with the landing, removal, detention, maintenance, and
custody (section 13, (1), (2), and (6)).
The Governor-General appoints as many boards as he may deem desirable 1
for the summary determination of appeals by persons who, seeking to enter
or being found within the Union, have been arrested as prohibited immigrants.
Each board shall consist of three or more members.
No appeal can be heard by a board unless due notice thereof has been
given to the immigration officer within three days after the refusal, detention,
or arrest of the immigrant. In every case a deposit must be made sufficient
to cover the detention expenses of the immigrant, the cost of bringing
him before the board if he desires to appear personally, and, if he arrived
by sea, the cost of his return passage to the place from which he came.
The hearing takes place in the presence of the applicant if he desires to
appear. He has the right to be represented at the appeal by counsel. Questions Of law may be reserved for the decision of a superior court (sections 2
and 3).
SWEDEN.—By the Aliens Act of 2 August 1927, when an alien is rejected
the decision must be communicated to him in writing and must state the
reasons for rejection (cf. Chapter I I I , § 1, (b), and § 2) and the procedure
to be followed by the individual if he considers the rejection unjust.
An appeal must be lodged wfchin thirty days after the receipt of the
notice with the head of the local administration, whose decision is final.
The fact of an appeal being lodged does not suspend the order of rejection
which is carried out by the police as soon as possible (sections 22 and 23).
U N I T E D STATES.—Every alien who does not appear to be clearly
entitled to land is detained for examination by a Board of Special Enquiry.
The owners, masters, agents, and consignees of vessels bringing aliens must
pay all expenses involved in their removal from the vessel or their detention,
irrespective of whether the aliens removed or detained are subsequently
admitted or deported; such expenses to include those of maintenance,
medical treatment in hospital or elsewhere, burial in the event of death,
and transfer to the vessel in the event of deportation.
1
Three appeal boards have been constituted, viz. a t Pretoria, Durban, and Cape Town.
(.Official Vear Book of the Union oí .South Africa, 1910-1924, p. 143.)
HEALTH MEASURES AND CONDITIONS
283
These Boards are appointed at the various ports of arrival for the prompt
determination of all cases of immigrants detained at such ports. Each
Board consists of three members, and it has authority to determine whether
an alien shall be allowed to land or shall be rejected.
It is provided that Boards of Special Enquiry shall determine all cases
as promptly as the circumstances permit, due regard being had to the
necessity of giving the alien a fair hearing. (Immigration Act, 1917,
sections 15-17.)
The alien may have one friend or relative present, provided that he is
not an agent or a representative at an immigration station of an immigrant
aid or other similar society or organisation and that he is actually related
to or an acquaintance of the alien (Rule I I B , 1927).
Upon determining that a witness whose evidence is desired either by the
Government or the alien will not be likely to appear and testify or produce
written evidence, unless commanded to do so, the commissioner or inspector
in charge issues a subpoena and has it served upon the witness by an immigration officer or employee. If the witness neglects or refuses to respond
to the subpoena, the United States attorney is requested to report this
fact to the appropriate district court, with a motion that an order be issued
(Rule 23B, 1927).
Either the alien or any dissenting member of the board may appeal
through the Commissioner of Immigration to the Secretary of Labour.
Where an appeal lies, the alien must be informed of his right to it. He may
appeal individually, or through any society admitted to an immigration
station, or through any relative or friend, or through any person, including
an attorney, permitted to practice before the immigration authorities.
There is no appeal if a Board of Special Enquiry rejects an alien because
he is afflicted with tuberculosis in any form, or a loathsome, contagious,
or dangerous disease, or is an idiot or an imbecile or an epileptic or is
insane or feeble-minded, or is afflicted with constitutional psychopathic
inferiority.
When an alien is certified for a physical defect the Board must decide
whether or not such certified defect may affect his ability to earn a living
(Rules H E , 14A, and 14C, 1927).
No alien is permitted to land for medical treatment unless the Secretary
of Labour is satisfied that to refuse treatment would be inhumane or cause
unusual hardship or suffering, in which case the alien is treated in the hospital
under the supervision of the immigration officials at the expense of the
vessel transporting him. (Immigration Act, 1917, section 18.)
VENEZUELA.—By the Aliens Act of 23 July 1925 when the Federal
Executive which decides the question declares that an alien shall not be
admitted, suitable measures must be taken for preventing such an alien
from entering the national territory or for forcing him to leave it if he has
already entered (sections 14 and 15).
No appeal may be lodged against a decision to prohibit landing
(section 26).
§ 6.—Health Measures and Conditions
I n this section will be found certain regulations regarding the
precautions taken with regard t o immigrants t o make certain
t h a t they do not carry disease germs; b u t it must also be remembered t h a t the general regulations regarding the health police a t
the frontiers apply to them as to all other travellers. Thus in
284
T H E ARRIVAL OF IMMIGRANTS
every country there are provisions for the examination of
passenger ships b y the health officials, and it is necessary for t h e
masters of ships to present a bill of health before passengers
are allowed t o disembark. W h e n a ship comes from a n infected
or doubtful port, or when there has been any case of acute
contagious disease on board, t h e passengers m u s t be isolated for
a number of days which is fixed b y the regulations according t o
the disease concerned. Similar measures m a y be t a k e n a t t h e
frontier on t h e arrival of international trains. Such general
health measures are frequently regulated b y special health rules,
b u t are also controlled b y international agreements and treaties.
Immigrants are often required t o present a recent certificate
of vaccination, or failing t h a t , to submit t o vaccination or revaccination, which will be carried out b y t h e ordinary medical
authorities of t h e ship or of the place of arrival. A medical
examination is frequently carried out : this has been discussed
above (§2 and 3).
ARGENTINA.—Immigrant ships have not the right to take on board
sick persons or persons coming from any region where an epidemic exists.
When any case of epidemic or contagious disease occurs on board a ship
transporting immigrants, the ship's doctor must report the fact, and on
arriving in the port the ship must hoist the usual flag to prevent the approach
of any vessel and to inform the port authorities of the fact. (Act No. 817
of 19 October 1876, sections 28 and 29.)
CANADA.—The master of a ship arriving in Canada must furnish to the
immigration officer a t the port of entry a bill of health, certified by the
medical officer of the vessel, containing such information as is required
under the Immigration Act (section 26).
Every third-class passenger who cannot show satisfactory evidence of
successful vaccination, or of having had smallpox, must be vaccinated
before embarkation or by the ship's surgeon during the voyage. If he
refuses he is liable to fourteen clays' detention at the quarantine station 1.
.COLOMBIA.—Act No. 99 of 7 September 1922, which codifies t h e
existing Acts on public health, lays down that the medical officer at a port
shall demand from each passenger who lands a certificate of vaccination
or of re-vaccination against smallpox. If the passenger has no such certificate, he is vaccinated free of charge, or otherwise he is not allowed to
diseiUbark (section SI).
C O S T A RICA.—The Maritime Health Regulations of 16 December 1924
contain numerous provisions for the supervision of the health conditions
on board ship.
The port health officials must carry out this inspection. Section 52 states
t h a t when any port in Costa Rica does not possess a quarantine establishment or a sufficient disinfection service, the Under-Secretary of State for
1
OVERSEA SETTLEMENT D E P A R T I Í E X T : Handbook
London.
on the Dominion
or Canada, p . 24.
HEALTH MEASURES AND CONDITIONS
285
Health may decide whether ships coming from infected or suspected areas
shall be admitted or not.
FRANCE.—The Health Regulations of 8 October 1927 allow the
health authorities of the ports of France and Algeria to take any precautionary measures which they may consider necessary when they have
doubts as to the hygienic conditions on board any ship (section 2).
Any ship which has on board a case of acute contagious disease must
notify the fact (section 23), and different measures will be taken in virtue
of the above Regulations according to the disease reported. Ships bearing
migrants,- troops or any large number of persons in unhealthy conditions
may at any time be subjected to special precautions, which shall be decided
on by the health authorities of the port of arrival, subject to an intermediate
report either to the Minister of Labour, Health and Social Welfare, or to
the Governor-General of Algeria (section 57).
The system of examination is also more strict for immigrants than for
other passengers. Section 69 states that instead of employing the health
certificate (passeport sanitaire) which merely obliged the passenger bearing
it to be examined at his destination, migrants, pilgrims, etc., may be kept
under observation by the port health officials during the whole incubation
period of any disease which is suspected.
At land frontier stations alien workers who arrive without any certificate
of recent vaccination are vaccinated. In some of these stations of entry
which possess the necessary appliances, delousing, and disinfection of
clothing may be carried out.
Dependencies.—In Tunis a Decree of the Bey of 2 May 1903 states
that immigrants, before disembarking in ports in that country, must submit
to vaccination or else be refused admission. First-class and second-class
passengers are not considered immigrants. The Health Regulations of
16 February 1909 also provide that ships bearing immigrants, pilgrims, or
any collection of persons, which are considered dangerous because of the
unhealthy conditions, may at any time be subjected to special precautions
which shall be decided upon by the health officials of the port of arrival,
subject to an intermediate report to the General Secretary of the
Government (section 50).
In case of an epidemic or plague, prophylactic measures such as the destruction of rats may be carried out, especially in the berthing places of ships
bearing immigrants and third-class and fourth-class passengers (section 34).
In the Establishments in Oceania and Madagascar, according to Decrees
of 24 February 1920 and 6 May 1903 respectively, immigrants, that is to
say, African and Asiatic natives recruited for employment in the Colony,
are landed after the inspection and are isolated at some point on the Island
for at least five days, during which time they shall be visited daily by the
health officials and vaccinated or re-vaccinated. The order for their release
from isolation is given by the Immigration Commissioner on the report of the
chief of the Health Service (section 16).
In French West Africa travellers of any nationality coming from a colony,
protectorate, or mandated territory are considered suspected of contagious
diseases and are subject to various measures of medical supervision with
particular reference to smallpox, plague, relapsing fever, dengue, tuberculosis,
and trachoma, and which may be extended to other infectious diseases.
The measures taken are as follows : the production of a certificate of vaccination against smallpox or the possession of fairly recent vaccination scars
(in default of which re-vaccination is compulsory), examination of the
hygienic condition of the clothing and underclothing and of the bodily
cleanliness of the passengers, any disinfection which may be necessary as
a result of this, the isolation of sick persons, treatment at their own expense
or at the expense of those responsible for them at a hospital or a lazaret
where they are kept during a period equal to the incubation period of the
disease from wich they are suspected of suffering.
286
THE ARRIVAL OF IMMIGRANTS
After these prophylactic measures have been taken, the health officials
deliver a certificate to the persons concerned which must be shown to the
administrative authorities at their place of residence. Lodging-house
keepers, heads of undertakings, and employers must demand the presentation of this certificate.
NEWFOUNDLAND.—No sub-collector at any port shall grant a permit
allowing Chinese immigrants to land until the quarantine or health officer
has granted a bill of health and has certified, after due examination, that
no leprosy ór infectious, loathsome, or dangerous disease exists on board
the vessel. (The Consolidated Statutes of Newfoundland, 1916, Chapter 79
("Of the Immigration of Chinese Persons"), section 4.)
§ 7 . — P o r t s a n d S t a t i o n s of
Entry
I n o r d e r t o f a c i l i t a t e t h e s u p e r v i s i o n of i m m i g r a t i o n , A c t s a n d
r e g u l a t i o n s often fix a c e r t a i n n u m b e r of p o r t s a n d f r o n t i e r
p o i n t s w h e r e t h e n e c e s s a r y services a r e c o n c e n t r a t e d .
Immig r a n t s a r e obliged t o u s e t h e s e r o u t e s or else t h e i r i m m i g r a t i o n
is c o n s i d e r e d illegal. S o m e t i m e s special s t a t i o n s a r e fixed for
t h e e n t r y of c e r t a i n classes of i m m i g r a n t s w h o a r e s u b j e c t t o
special p r o v i s i o n s . P o w e r is also g i v e n t o s o m e a u t h o r i t i e s t o
a m e n d t h e list of s t a t i o n s a n d p o r t s for i m m i g r a t i o n a c c o r d i n g
to circumstances.
B R I T I S H M A N D A T E D T E R R I T O R I E S : Palestine.—The Chief
Immigration Officer may from time to time prescribe certain places of entry
at which immigrants and travellers may obtain admission to Palestine, and
no immigrant or traveller shall enter Palestine at any other places. (Amendments to the Regulations made under the Immigration Ordinance, No. 32
of 1925, and No. 7 of 29 November 1927.)
Tanganyika.—The Immigration Ordinance, No. 16 of 1924 (section 10, (1 )),
provides that no person shall enter the Territory except at a port of entry.
The Schedule to the Ordinance specifies the following ports of entry :
Arusha, Bagamoyo, Bukoba, Dar-es-Salaam, Kasanga, Kigoma, Kilwa,
Lindi, Mikindani, Moshi, Musoma, Mwanza, Namanyere, Pangani, Songea.
Tanga, Tirene Bay (Mafia), Tukuyu.
SOUTH AFRICAN MANDATED TERRITORY : South-West
Africa.—The Administrator is empowered from time to time by notice in
the Gazette to declare that persons deemed on account of standard or habits
of life or on economic grounds to be unsuited to the requirements of the
Territory may, when given special permission to land, enter or return only
at a port or ports specified in the Order.
A "port of entry" is taken to mean : (a) any place on the coast of the
Territory, or (b) any railway station or any place within the Territory
at or near the border thereof, at which entry into the Territory can be
effected. (Immigrants Regulation Proclamation, No. 23 of 1924, sections 1,
(2), and 25.)
AUSTRALIA.—A vessel arriving in Australia must not, unless from
stress of weather or other reasonable cause, enter any ports other than a
first port of entry, and a vessel engaged in navigation by air must not,
PORTS AND STATIONS OF ENTRY
287
unless from stress of weather or other reasonable cause, land at any place
other than a landing place. The Governor-General may declare any ports
in Australia to be first ports of entry, and any place or area in Australia
to be a landing place for vessels engaged in navigation by air. (The Quarantine Act, 1908-1920, section 13, (1).)
Papua.—The master of an oversea vessel arriving in the territory must
not, unless from stress of weather or other reasonable cause, suffer the
vessel to enter any port other than one declared to be a first port of entry.
(Quarantine Ordinance, No. 6 of 1913, section 19.)
BOLIVIA.—By the Decree of 26 March 1920 (section 7), the normal
ports for disembarkation and the stations of entry in which a Bolivian
consul will visa the passports of passengers travelling to Bolivia are : Antofagasta, and Arica, Puno, la Ruiaca, Corumbá, and Brasilea. Individuals
who escape supervision by choosing some other route must present their
passport to the police on demand and must comply with the other measures
stated in the Residence Act.
BRAZIL.—The Decree of 31 December 1924 fixed the ports by which
immigrants to Brazil may enter the country. These ports are : Belém,
Recife, San Salvador, Victoria, Rio de Janeiro, Santos, Paranaguá, San
Francisco, and Rio Grande (section 7).
CANADA.—The Immigration Act, 1910-1924, provides that every
transportation company bringing passengers or other persons to Canada
by vessel must prevent such persons leaving the vessel at any time or place
other than such as are designated by the immigration officer (section 25).
No one may enter Canada except at a "port of entry", defined as any port,
railway station or place in Canada designated by the Minister for the inspection of immigrants, passengers or other persons. (Immigration Act, 19101924, seclions 33, (6), and 33, (7).)
No person of Chinese origin or descent other than members of the diplomatic
corps, or other Government representatives, or children born in Canada
of parents of Chinese race who have left Canada for educational or
other purposes, may enter or land in Canada elsewhere than at the
ports of Vancouver and Victoria, and no person of Chinese origin and
descent, without exception, may enter Canada except at a port of entry.
(Chinese Immigration Act, 1923, sections 6 and 7.)
By an Order in Council of 9 June 1919 (P.C. 1202), it is provided that the
landing in Canada of any immigrant of the skilled and unskilled labour
classes at any port of entry in British Columbia specified in a schedule to
the Order is prohibited. The schedule contains the names of twenty ports
in British Columbia.
C O S T A RICA
A special route for entry and departure is fixed for
the Chinese who were resident in Costa Rica before the date on which
individuals of Chinese nationality were forbidden to enter and who have
preserved their right of residence. They must use the port of Limón or
that of Puntarenas. (Decree of 11 December 1924, section 13.)
CUBA.—By the Act of 11 July 1906 immigrants will normally disembark
at the ports of Havana, Cienfuegos, Nuevitas, and Santiago de Cuba.
However, they may be allowed to disembark at any other point in the
Island when, in the opinion of the executive authorities, such permission
may avoid complications or transport costs (section 3).
By the Decree No. 570 of 27 April 1926, Chinese who are by way of exception permitted to land on Cuban territory must do so at the port of Havana.
Their disembarkation in other ports is strictly forbidden except for diplomatic or consular officials of the Chinese Government on an official mission
288
THE ARRIVAL OF IMMIGRANTS
or for any individuals to whom the Immigration Committee has granted
express permission to land at some other port.
FRANCE.—The French frontier stations for the entry of immigrant
workers are mentioned in Chapter IV, § 1.
G R E A T BRITAIN.—Section 2 of the Aliens Order (as amended in
1923) stipulates that an alien (not being a seaman) may not land in the
United Kingdom elsewhere than at an approved port. The list of approved
ports is as follows 1 : London, Dover, Folkestone, Newhaven, Southampton,
Plymouth, Bristol, Cardiff, Liverpool, Glasgow, Leith and Granton, Tyne
ports, Hull, Grimsby, and Harwich: Air stations : Lympne, Croydon, and
Cricklewood.
An alien may in special circumstances be permitted to land by the
Secretary of State at a port other than an approved port.
Colonies.—Federated Malay. States. By the Labour Code Enactment,
No. 18 of 1923 (section 10, (1)), it is provided that no immigrant may enter
the Federated Malay States except at such ports and places as the Chief
Secretary to the Government may, by notification in the Gazette, prescribe.
By the Gazette Notification No. 302, Vol. XVI, No. 2, ports and places at
which immigrants may land in the Federated Malay States were declared
to be as follows : Gula, Kuala, Port Weld, Sitiawan, Telok Anson, Port
Swettenham, Port Dickson, Kuantan, Gemas, and Parit Buntar,
Jamaica. By the Immigration Protection and Regulation Act, No. 23
of 1879 (section 4), the Government is empowered to declare through what
ports indentured immigrants may be introduced.
Straits Settlements. No immigrant may land in the Colony except at
the ports of Penang, Malacca, and Singapore. (Labour Ordinance, No. 14
of 1923, section 51, (1).)
Unfederated Malay State of Johore. No immigrant may enter the State
except at such ports and places as His Highness the Sultan may by notification prescribe in the Gazette. (Johore Labour Code, No. 10 of 1924
(section 10, (1).)
Unfederated Malay State of Kelantan. Ship-borne passengers, other than
first-class passengers, may be landed only at Turnport, Bacho, and Semerak.
(Indigent Alien Immigration Enactment, No. 6 of 1924, section 1.)
GREECE.—The President of the Republic may, on the proposal of the
Minister of the Interior, fix the ports and frontier stations which must be
used by travellers entering or leaving the country. (Ordinance of 23 June
1927, section 15.)
GUATEMALA.—The Act of 30 April 1909 lays down that immigrants
must enter by ports appointed for that purpose or by the public routes
through frontier towns (section 8).
I R I S H F R E E STATE.—The Aliens Order, 1925, section 2, stipulates
that an alien (not being a seaman) coming from outside Great Britain and
Ireland shall not land in the Irish. Free State elsewhere than at an approved
port, provided that an alien seaman and any other alien in special circumstances may be permitted to land elsewhere by the Minister. Moville
and Çobh are listed as approved ports.
J A P A N : F o r m o s a . — B y section 4 of Ordinance No. 68 of 24 September
1904, amended by Ordinances No. 25 of 1915 and No. 198 of 1920 regarding Chinese workers, the latter (as defined in Chapter I I I , § 1, (d)) must
disembark at the port mentioned in their transport certificate.
iScllediüe 2 of Aliens Order as amended in 1923.
289
ENTRY FEES
MEXICO.—Immigration traffic, like emigration traffic, must take place
through the appointed stations, that is to say, either by ports on the high
seas or frontier towns mentioned as stations for international trade or at
such land or sea stations as may be specially appointed by the Minister of
the Interior.
Special permission is given in the case of ships transporting a large number
of immigrant workers under contract with a mining, industrial, or agricultural undertaking. When such immigrants disembark at a port other
than the usual one, the Minister must see that the necessary precautions
are taken in every case to ensure compliance with the Migration Acts.
Ships coming from abroad and bringing immigrants to an island belonging
to Mexico must first of all call at the Mexican port which is nearest to that
island and which is recognised as a point of entry, so that the officials of the
Migration Department may ensure compliance with the formalities and
conditions required by the Act. (Migration Act of 12 March 1926,
sections 2, 3, 44, 48, and 68.)
N E T H E R L A N D S : E a s t Indies.—By the Royal Order No. 32 of
15 October 1915 and its amendments, Dutch persons not born of parents
domiciled in the East Indies, or not domiciled there themselves, and all
aliens must enter the Colony by the harbours fixed by the Governor-General.
A list of these harbours, numbering about thirty, was given in an Ordinance
of 23 November 1917 (I.S., 1917, No. 693) and amended by various later
Ordinances.
NEWFOUNDLAND.—By Chapter 77 of the Consolidated Statutes
of Newfoundland, 1916, section 1, (1), it is provided that no immigrant
may land in the country except at a port of entry.
SIAM.—Every ship bringing alien passengers to Siam must call only
at such Siamese ports as have been appointed for the examination of passengers. (Regulations of 21 July 2470 of the Buddhist era (1927), section 3.)
UNITED STATES.—The following are designated as Canadian sea
ports of entry for aliens bound for the United States : Halifax, Nova Scotia ;
Quebec and Montreal, Quebec; St. John, New Brunswick; and Vancouver
and Victoria, British Columbia.
The following are designated as Canadian border ports of entry for aliens :
Yarmouth, Nova Scotia; Chartierville, Province of Quebec ; together with
seventy-two other cities situated in the border States of the United
States.
The following are named as Mexican border ports of entry for aliens, all
of which are in the United States : Brownsville, Hidalgo, Rio Grande City,
Zapata, Laredo, Eagle Pass, Del Rio, Presidio, and El Paso (Texas);
Columbus (New Mexico); Douglas, Naco, Nogales, San Fernando, and Ajo
(Arizona); and Andrade, Calexico, Campo, and San Ysidro (California)
(Rule 3, 1927).
By the Air Commerce Act of 1926 (section 7, (d)), the Secretary of Labour
is authorised to designate any of the ports of entry for civil aircraft as ports
of entry for aliens arriving by air.
§ 8.—Entry Fees
Certain countries collect fees from persons entering the territory
and use them to cover the costs of the supervision of immigration.
Certain classes of. travellers are, however, exempt from such
19
290
THE ARRIVAL OF IMMIGRANTS
payments. Moreover, some authorities are at times given the
power to fix or alter the amount of such fees.
Other States have imposed an annual tax on immigrants or
else demand the payment of a more or less large fee for the
provision or renewal of a permit of residence in the country.
Mention is made of these in Chapter XI, § 5.
B R I T I S H M A N D A T E D T E R R I T O R Y : Palestine.—Every person
who enters Palestine as an immigrant, or having entered Palestine as a
traveller is permitted to remain for a period exceeding three months, must
pay on entry or on receipt of such permission such fee as the High Commissioner may direct by Regulation under the Ordinance. (Immigration
Ordinance, No. 32 of 1925, No. 5, (3).)
By the Ordinance of 20 January 1926, it is further provided that any
person who, having entered Palestine as a traveller, has been permitted to
remain for a period exceeding three months and has paid the prescribed fee
shall not be required to pay it again if he re-enters Palestine as an immigrant
within two years of his entering Palestine as a traveller. The same regulations state that every person entering Palestine must pay certain fees if
he is isolated or treated in hospital, vaccinated or inoculated, or if required
to undergo disinfection, medical observation or detention in quarantine
or a lazaret. By Orders dated 81 August 1925 and 25 August 1926, certain
persons are exempt from the payment of immigration fees.
MEXICO.—The Immigration Act of 12 March 1926 provides
(sections 23-25) for an immigration fee which will be collected by the migration officials ; later regulations, dated 28 February 1927, fixed the methods
of collection. According to these regulations, the immigration fee must
be paid by all aliens who can be considered as immigrants in terms of the
Act Of 1926 (cf. Chapter I I , § 1, "Definition of a n Immigrant") by means
of a stamp affixed to the personal identity card when the immigrant is
admitted. The fee paid is refunded if the individual leaves the country
less than six months after arrival. Aliens who are deported for clandestine
immigration have not the right to claim this refund.
The following persons are exempt from the fee : minors who are accompanied by their parents, grandparents or guardians, a married woman
accompanied by her husband, or coming to rejoin him, women of over
twenty-five years of age whose relatives live in the country and are solvent,
and who promise to support them and guarantee that they do not come
for the purpose of seeking work. Professional and technical workers of all
classes who are engaged or invited by the Government of the Union or of one
of the Mexican States (in the latter case they must have an exemption from
the Minister of the Interior), workers (braceros) who immigrate in terms of
the Federal Land Settlement Act of 10 May 1926, artists coming under
contract in order to practice their profession, and foreign students.
This freedom from payment of the fee and the reasons for it must be
mentioned on the individual's identity card (tarjeta de identificación).
The amount of the fee is fixed every year in the Budget Act, taking into
account the interests of the country with regard to the migration movement.
In enforcing the payment of the fee, any international Conventions signed
by Mexico must be respected.
N E T H E R L A N D S : E a s t Indies.-t-By the Order of 15 October 1915
(LS., 1916, No. 47), and later amendments, aliens entering the country as
free immigrants must pay in exchange for the permit granted them by the
immigration officials to admit them to the country a t a x of 100 Netherlands
ENTRY FEES
291
florins 1 for the head of the family, his wife, and any minor children. This
sum is refunded if the bearer of the permit is not allowed to take up residence
or if he leaves the country within six months. Natives recruited under
contract do not require an individual immigration permit and are therefore
exempt from this fee.
U N I T E D STATES.—Section 2 of the Act of 1917 provides t h a t a t a x
of $8 must be paid for every alien, including an alien seaman regularly
admitted as provided in that Act, entering the United States. Bule I, 1927,
stipulates that upon the arrival of aliens in the United States, the immigration officers in charge at the various sea and border ports of entry, including
the designated Canadian sea ports, must render a certified statement to the
officer authorised to collect head tax, showing the number of such aliens
subject to the payment of the t a x and the transportation company responsible for paying it. The statement must also include the number of aliens
held for special enquiry and the number making unsatisfactory claim to
exemption from the payment of head tax, and the nature of such claim.
Where aliens arrive in the United States other than by vessel or common
carrier of passengers, or when collection of head tax from vessel or common
carrier is impracticable, such t a x must be paid by the alien himself. Refusal
or inability on the part of an alien to pay the tax when assessable results
in a refusal to entertain the alien's application for admission.
The head tax is not levied upon the following classes of aliens : (a) diplomatic and consular officers and other accredited officials of foreign governments; their suites, families and guests; (b) children under sixteen years
of age who accompany their father or mother and whose relationship and
age are established; (c) aliens whose legal domicile or bona-fide residence
was in Canada, Newfoundland, Cuba, or Mexico for at least one year immediately preceding entry, and who enter the United States from one of those
countries for a temporary period in no instance exceeding six months;
(d) aliens who have been lawfully admitted to the United States, and who
later go in transit from one part of the United States to another through
foreign contiguous territory; (e) aliens who, starting from a port of the
United States, return thereto after a continuous sea trip or cruise without
change of vessel; (J) aliens who, without taking up residence in the United
States, habitually cross and recross the land boundaries and who hold an
identification card (cf. Chapter VIII, § 3) 2 ; (g) aliens lawfully admitted
and having a bona-flde residence in the United States who, without relinquishing such residence, visit Canada, Newfoundland, Cuba, or Mexico
for a temporary period in no instance exceeding six months; (h) aliens in
transit through the United States for whom a bond has been given t h a t
they will, by continuous transit, pass through and out of the United States,
or who are accompanied by a sufficient number of immigration officers,
guards and attendants to ensure their passage through and out of the United
States without unnecessary delay; (i) citizens and alien residents of the
Philippine Islands, Virgin Islands, Porto Rico, Hawaii, or Guam; (j) alien
seamen landing with the intention to re-ship foreign; (k) alien seamen
regularly admitted and domiciled in the United States when returning from
a continuous round trip voyage made without change of vessel.
1
One florin = approximately Is. 8d.
With a view to identifying aliens who habitually cross the frontier, an identification
card is given to such persons (Rule 3Q, 1927).
2
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THE TRANSPORT OF IMMIGRANTS
CHAPTER I X
T H E TRANSPORT OF IMMIGRANTS
The transport of migrants, which is carefully regulated by
Emigration Acts, is also subject to legal regulation in certain
immigration countries.
Besides the humanitarian motives which make States consider
the Conditions in which immigrants arriving in their countries
have to travel, utilitarian considerations also lead them to
institute a system of supervision : the country of destination
desires to receive healthy and vigorous elements into its population
and does not wish t h e m to be weakened by a voyage carried out
under unhealthy conditions or to be carriers of disease germs.
Immigration t o a country is also encouraged if t h e immigrants
are assured t h a t they will be transported under favourable
conditions. I t m u s t be added t h a t certain countries are led t o
take a particular interest in this question because the transport
of immigrants is subsidised b y the State or is undertaken on
behalf of national organisations.
§ 1 . — T r a n s p o r t by Sea
The regulations regarding the transport of immigrants deal
particularly with transport b y sea, for reasons pointed out in
Volume I of this work. Certain provisions refer to the
accommodation on board ship, others to the t r e a t m e n t of the
migrants. From these two points of view it will be necessary t o
repeat the various observations made when stating t h e regulations
of emigrant countries with regard t o the enforcement of general
measures for all passenger vessels and special measures for ships
TRANSFORT BY SEA
293
carrying migrants : the technical details of the construction and
accommodation on such vessels, the victualling on board, the
special staff to be employed, and the existing methods of supervision for ensuring compliance with the regulations (preliminary
or periodic examination, reports by the ship's medical officers,
appointment of inspectors on board, etc.). All these points
are covered at once or separately in more or less detail by the
Immigration Acts of various States. Further, a complete
inspection of the ships is often made on arrival.
I t naturally follows t h a t there is a certain conflict between
the provisions issued separately by each State concerned (the
country whose flag t h e ship flies, the country of emigration, the
country of transit, and the country of immigration), and t h a t
these provisions do not necessarily harmonise. Very often a
ship m u s t on arrival satisfy legal conditions different from those
demanded a t the place of departure. Certain precautions,
however, are sometimes taken to avoid such conflicts; some laws
stipulate t h a t the regulations issued for the protection of immigrants during transport shall apply only when similar precaution
is not exercised b y the country of origin of t h e immigrants;
often the regulations in the immigration country merely constitute
a minimum, and it is specifically laid down t h a t they do not
exclude the enforcement of regulations issued by the country
of emigration and more favourable to t h e migrants.
On this head there are numerous difficulties which, it seems,
cannot be solved except by international agreements setting u p
a common system of regulations which will do away with all
reasons for conflict and will facilitate supervision carried out by
common agreement in the respective countries and on the sea
by the various States concerned.
As a typical example of the regulations regarding the transport
of migrants issued b y an immigration country, a somewhat
detailed account is given of the regulations imposed by Argentina
on ships bringing immigrants t o t h a t country.
ARGENTINA.—By Act No. 817 of 19 October 1876, an immigrant
ship is defined as "any sailing or steam ship transporting from the ports
of Europe or from ports of any foreign shore forty or more second-class
or third-class passengers". Ships in this class enjoy the various privileges
granted to the most favoured ships performing long voyages, particularly
with reference to facilities for entering and leaving, loading and unloading.
At the same time they are subject to certain provisions regarding their
capacity and the quarters, comfort, security, and health of their passengers,
294
THE TRANSPORT OF IMMIGRANTS
which may be summarised as follows : No ship transporting immigrants
may carry more than one passenger for every two registered tons. The
space allowed to each passenger must be not less than 1.8 square metres
if the deck is 2.28 metres high, 1.83 square metres if the deck is 1.83 metres,
and 1.49 square metres if the deck is 1.66 metres ; children under one year
of age do not count as passengers and a child between one and eight years
counts as a half passenger. The minimum height of the lower deck must
be 1.66 metres, and it must always remain free for the coming and going of
the passengers. The minimum dimensions of the bunks are 1.83 metres by
0.5 metre (inside measurements). There must not be more than two rows
of bunks above each other.
These ships must be provided with ventilators, pumps, kitchens, and the
appliances and fittings necessary for the health, safety, and well-being of
the passengers in accordance with the particular regulations on these points,
as well as lifebuoys and lifebelts in proportion to the number of passengers
carried.
They may not transport dangerous or unhealthy materials, such as
gunpowder, vitriol, phosphorus, guano, inflammable substances, or fresh
animal or vegetable products except such as are required for food.
The ships must have on board a doctor and a chemist provided with all
the necessary medicines. The masters must not take on board for transport
to Argentina any passengers from countries where cholera morbus, yellow
fever, or any other epidemic disease is raging. If any case of epidemic
or contagious disease should occur on board, the master must see that the
sick person receives all necessary care and the ship's medical officer must
fill up a certificate stating the nature of the disease and the circumstances
of the case.
I n the case of a voluntary or forced call in a port other than that of
destination, the immigrants have the right to be fed and supplied with
lodgings either on board or on land at the expense of the shipping company.
Immigrants have also the right to remain on board for forty-eight hours
after the arrival of the vessel at the port of destination.
Immigrant ships are inspected on arrival in Argentina by a committee
formed of a doctor and officials of the Immigration Department, who will
see that the regulations are being observed, will gather information from
the masters and the passengers and will hand to the masters a certificate
stating that the regulations have been carried out; should the inspection
reveal any infringements, the committee will report them.
Infringement of the regulations for immigrant ships are punishable
by fines, apart from any civil damages or criminal actions to which they
may give rise.
Ships against which complaints are made may be refused permission
to leave the harbour until satisfaction has been obtained. (Sections 18 to 37
of the Act, completed by the Decree of 31 December 1923.)
AUSTRALIA.—The Imperial Conference, 1926, recommended the
appointment of permanent conductresses on board ship for parties of
single or unaccompanied women migrants proceeding from Great Britain
to Australia, at the joint expense of the British and Australian Governments K
BRAZIL.—According to Instructions published on 30 June 1925 for the
enforcement of Decree No. 16761, transport companies applying for permission to transport immigrants must give the names of the ships which they
employ, the ports of call, the tonnage of each ship, the fare for each class of
passenger, and the conditions of comfort, hygiene, food, safety and medical
assMance which the passengers will enjoy, as well as a statement of the
normal length of the voyage.
1
IMPERIAL CONFERENCE, 1926 : Appendices
to the Summary
of Proceedings.
Cmd. 2768.
295
TRANSPORT B Y S E A
Decree No. 9081 of 3 November 1911 (sections 13 to 24) lays down the
obligations which must be fulfilled by transport companies bringing immigrants by contract with the Federal Government. The Government must »
enter into agreements with those shipping companies which offer the most
comfortable and most advantageous conditions for the voyage; the conditions will be discussed before the contract is drawn up so as to assure t h a t
the transport of the passengers will be hygienic and comfortable.
I n the State of Sâo Paulo a Decree (No. 2400 of 9 July 1913) lays down
the general conditions which must be complied with by ships transporting
immigrants under contract with t h e Government. These conditions refer
to the average normal speed, safety, the number of passengers, their quarters, the number of bunks, the hospital accommodation, lavatories, laundries,
medical assistance, food, drinking water, etc. However, according t o
section 64, none of these provisions shall apply to ships coming from foreign
ports where regulations are in existence for the transport of migrants.
In this case the ships must observe these regulations, provided that they
are not less favourable to the immigrants than those of this Decree.
CANADA.—-The Immigration Act, 1910-1924, provides that the Governor
may, whenever he deems it necessary, prohibit : (a) the landing in Canada
of a n y immigrant who has come otherwise than by continuous journey
from the country of which he is a native or naturalised citizen, and upon a
through ticket purchased in that country, or pre-paid in Canada ; (b) t h e
landing in Canada of passengers brought by any transportation company
which refuses or neglects to comply with the provisions of the Act (section 38,
(a), (b)).
If, during the journey, the master or any member of the crew is guilty
of violating the law in force in the country from which the ship has departed
regarding his duties towards immigrants, or if t h e master commits any
breach of t h e contract for t h e passage made with any immigrant, he is
liable t o a fine not exceeding 100 dollars, a n d not less t h a n 25 dollars,
independent of any remedy for any other cause of complaint (section 56).
No person on board a vessel bringing immigrants to Canada may, while
the vessel is in Canadian waters, entice or admit any female immigrant
into his apartment or, except by the direction or permission of the master
of the vessel, visit or frequent any part of the ship assigned to female passengers. A written or printed notice to this effect in English, French, Swedish,
Danish, German, Russian, Yiddish, and any other language as ordered by
the Deputy Minister, must be posted up in the forecastle and in the parts
of t h e steerage assigned to steerage passengers. The immigration officer
at the port of arrival must ascertain if this provision has been duly observed
on each ship transporting immigrants (sections 57 and 58, (1)).
The Minister m a y detail officials for duty on vessels transporting
immigrants to Canada. These officials must keep t o the part of the ship
assigned to immigrants. They must observe t h e immigrants during t h e
journey, and report to the officer in charge a t the port of arrival any information which they may have acquired as to the desirability or undesirability of such immigrants (section 58, (4)). Women conductresses are
appointed1 on board ship for parties of single or unaccompanied women
migrants .
On all ships carrying adult 2 immigrants, provision must be made for
each of them of an unencumbered area of 15 square feet on each deck assigned
to their use. The area must not be occupied by goods or other articles,
1
CANADA,
DEPARTMENT
O F IMMIGRATION AND COLONISATION : Report
for the
Fiscal
Year ended 31 March 1925, p . 48. G R E A T B R I T A I N , IMPERIAL CONFERENCE, 1926 : Appendices to the Summary of Proceedings, p . 276; Cmd. 2768; London.
2
By t h e t e r m " a d u l t " is m e a n t a n y person of or above t h e age o£ fourteen years.
296
THE TRANSPORT OF IMMIGRANTS
and may only be used for the personal luggage of the passengers. No ship
may transport more than one person for every two registered tons—the
captain, crew, and first-class passengers included. The sale of intoxicating
liquors to third-class passengers and steerage passengers is prohibited.
Such liquors may only be obtained by passengers of these classes on authorisation by the captain, the physician, or other qualified medical practitioner
on board. (Immigration Act, section 59, (la), (1&), and (3).)
If housing or means of transport are not immediately at the disposal
of immigrants, the captain of the ship must keep them on board for twentyfour hours, or until the means of departure or housing have been found.
(Ibid.? section 61.)
F R A N C E : Colonies.—By the Decree of 27 March 1852, which, in
P a r t I I (sections 14 to 33), regulates the transport of immigrants, every
French or foreign ship taking on board more than thirty immigrants travelling
to any French colony is considered as specially employed for the transport
of immigrants.
The voyages of immigrant ships are divided into two categories according
to their duration. The number of passengers to be carried is fixed according
to the dimensions (tonnage) of the ship, and is rather higher for short journeys
(first category). This Decree also states the amount of room to which
each passenger is entitled for himself and his luggage and the amount of
food which should be kept on board per person per day. In the case of
Asiatics, the necessary ingredients for the usual meals of these immigrants
must be included in the provisions to a reasonable extent. As regards
sleeping accommodation, a woollen blanket must be provided for each
individual.
The seaworthiness of the ship and its accommodation must be examined
by the inspecting officers in French ports and by the French consul in foreign
ports. A special inspection of the seaworthy condition must be carried
out every four months, while an inspection of the provisions carried must
be held before each departure.
Should an immigrant ship remain in harbour seven days after the inspection, or touch at another port during its voyage, or take on board other
passengers, a fresh examination of the provisions carried should be made.
Ships transporting natives recruited by a colony must be accompanied
by an official agent of the Government of the colony of immigration, who
must protect them during the crossing and see that the provisions of the
Decree regarding quarters and food on board are complied with.
Infringements of the various provisions regarding immigrant ships when
they have been noted at the place of arrival are subject to the penalties
laid down in sections 483 and 484 of the Colonial Penal Code, quite apart
from any actions for damages which may be taken through the special
commissioner who supervises the arrival of immigrants. Such damages
are paid to the Immigration Fund and must be borne jointly and severally
by the shipping company and the master. I n the case of a French ship,
any disciplinary measures may also be taken against the master of the vessel
for abuse of his authority, excesses, or cruelty to the immigrants.
Recent Decrees for the enforcement of these regulations in various
colonies, particularly in the Establishments in Oceania (Decree of 24 February
1920) and in Madagascar (Decree of 6 May 1903), bring into force again the
provisions of the general Decree quoted above, and insist that on every
ship employed for the transport of immigrants there should be appointed
an official of the Colonial Service who shall act as Government Commissioner
on board and supervise the observation of the legal regulations on board
ship. The expenses arising from the employment of this official will be
borne by the persons engaging the immigrants in proportion to the number
they engage.
IndorChina. By the Order of 13 March 1925, a permanent committee
in the Port of Haiphong must supervise the enforcement of all necessary
TRANSPORT BY SEA
297
regulations regarding the comfort of immigrants on board and must fix
the maximum number which can be carried.
G R E A T BRITAIN.—The Merchant Shipping Act, 1894, amended by
the Act of 1906, provides that the master of every ship bringing steerage
passengers to the British Isles from any port out of Europe and not within
the Mediterranean Sea, must, within twenty-four hours after arrival, deliver
to the immigration officer at the port of arrival a correct list specifying
the name, age, and calling of every steerage passenger embarked, and the
port at which he embarked, and showing also any birth which has occurred
amongst the steerage passengers and, if any steerage passenger has died,
his name and the supposed cause of his death (section 336).
If any such ship has on board a greater number of steerage passengers
than is allowed by the Act in the case of emigrant ships proceeding from
the British Isles, the master is liable to a fine (section 337) (cf. Vol. I,
Chapter I X , § 1).
The master of every ship must issue to each steerage passenger during
the voyage pure water and good and wholesome provisions in quantities
not less than the amount required for emigrant ships proceeding from the
British Isles (section
Colonies.—The Labour Ordinances of the Federated Malay States, the
Straits Settlements, and the Unfederated Malay State of Johore provide that
no immigrant shall be imported into the State except on the following
conditions :
(a) The ship in which he is imported, if carrying more than twenty
immigrants, must carry during the whole course of the voyage a
qualified practitioner who must attend to the health of the passengers
and the sanitation of the ship.
(b) The master of the ship must on arrival at any port within the Colony
produce to the boarding officer a certificate from the port of departure signed, if such port be Hongkong, by a competent officer,
or, in the case of any Chinese port, by a qualified person appointed
by the British consul stating : (1) the voyage the ship was intended
to make ; (2) that at the time of her departure she had the proper
complement of officers and seamen and was sufficiently equipped
for the voyage ; (3) the number of immigrants on board and that
such immigrants together with the other passengers on board
were not in excess of the number of passengers which may properly
be carried on board such ship ; (4) that at the time of her departure
there was on board the ship a good and sufficient supply of food,
pure water, and medicine for the use of the immigrants during
the intended voyage; (5) that the accommodation and sanitary
arrangements for the immigrants during the voyage on board the
ship were satisfactory. (Federated Malay States, Labour Code
Ordinance, No. 18 of 1923, section 31 ; Straits Settlements, Labour
Code Ordinance, No. 14 of 1923, section 67; Unfederated Malay
State of Johore, Labour Code Enactment, No. 10 of 1924, section 31.)
British Guiana. By the Immigration Ordinance of 1891 (section 45),
every ship arriving in the Colony must be inspected by the Immigration
Agent-General assisted by the Medical Officer to ascertain whether the
provisions of the Chinese Passengers Act, 1855, and the Passengers Act,
1855, have been carried out.
Jamaica. The master of every ship bringing steerage passengers to
Jamaica must issue to every passenger three quarts daily of pure water and,
if the immigrant has contracted to be supplied with food, good and wholesome
provisions. The ship must be provided with life-saving apparatus in good
order and condition, sufficient for every person on board, and its steerage
passengers may not exceed the stipulated proportion of one adult to every 12
298
THE TRANSPORT OF IMMIGRANTS
superficial feet of approved deck properly allotted to their use. (Steerage
Passengers Act, No. 30 of 1924, sections 4, (1), and 5, (1).)
By the Immigration Act, 1870, it is further provided that the Protector
or Inspector shall inspect every ship arriving with immigrants and the
immigrants on board, and shall ascertain whether the provisions of the
British statutes and of the regulations relating to the transport of immigrants
have been complied with, and shall report to the Governor the condition
of such ship and immigrants (section 76). Similarly, the Protector or
Inspector is bound to inspect every ship hired for the conveyance of return
immigrants before its departure from the Colony (section 80).
Mauritius.
The Labour Ordinance, 1922 (No. 12 of 1922), provides t h a t
any person desirous of introducing immigrants from places other than
British India must obtain a licence from the Governor or, if in a place
outside the Colony of Mauritius, from any British consul, agent, or emigration
agent. No licence may be granted to the master of a ship to carry immigrants
to Mauritius unless he enters into a bond to furnish every immigrant such
quantity of good, wholesome provisions as may be specified by the Governor
for their daily maintenance (sections. S3 and 54).
On the arrival at Mauritius of any ship having on board Indian immigrant
labourers, the Protector of Immigrants must inspect it to see t h a t the regulations have been complied with. He must make a report to the Governor,
and deliver to the master a certificate of performance. (Labour Ordinance,
No. 12 of 1922, section 26.)
Trinidad and Tobago. Any person who desires to introduce immigrants
into the Colony for labour, and who charters a vessel for the purpose, must
obtain a licence from the Governor. No licence will be granted unless the
master enters into a bond to provide for and furnish each immigrant with
such quantity of good and wholesome food as may from time to time be
specified by the Governor of the Colony. Any master who fails to furnish
such provisions, or is guilty of ill-treating immigrants is liable to a fine of
£100. (Immigration Ordinance, No. 26 of 1916, sections 45, 48, and 56.)
GUATEMALA.—By the Act of 30 April 1909, immigrant ships, if
specially used for this purpose, are exempt from all harbour dues and are
granted the greatest facilities for entering, leaving, loading, and unloading ;
and for this purpose the authorities of the port of arrival must give them the
necessary assistance as quickly as possible (section 28).
Sections 27 to 35 describe the measures of supervision to be employed
in making sure that shipowners transporting immigrants to this country
should grant their passengers such conditions of room, comfort, and hygiene
as are necessary to ensure the health and well-being of the immigrants
during the voyage. For this purpose the official immigration agents or the
consuls must inspect vessels which transport immigrants to Guatemala.
They must insist that each ship has on board a competent surgeon provided
with the medicines and instruments which he may require.
MEXICO.—According to the Health Code of 27 May 1926 (section 85)
shipping companies whose ships are intended solely for the transport of
immigrants, workers or settlers (as defined in Chapter I I , § 1), and which
carry more than ten on each voyage, must comply with the following regulations. They must have on board such accommodation for the Immigrants
as will ensure good hygienic condition and must provide their ships with
all the necessary appliances and materials for disinfection.
Companies engaged in the transport of immigrants must have on board
each ship (even in the case of small vessels) a medical officer provided with
all the medicines which may be useful in case of sickness or accidents, and
must provide good food for the immigrants during the voyage.
N E T H E R L A N D S : S u r i n a m . — T h e Ordinance of 16 April 1896
regarding the recruiting of natives of J a v a for employment in Surinam
299
TRANSPORT BY SEA
contains detailed regulations regarding the transport of the workers engaged
and of their families, particularly with reference to the accommodation
and the equipment of the ships, the food and medical attention necessary
for the immigrants during the voyage, and the inspection of the vessels
and of the provisions on board before departure.
NEWFOUNDLAND.—By Chapter 79 of the Consolidated Statutes
of Newfoundland, 1916, section 2, it is provided that no vessel carrying
Chinese immigrants to any port in the Colony may carry more than one
such immigrant for every 50 tons of its tonnage ; and the owner of any such
vessel who carries any number of immigrants in excess of the number
allowed shall incur a penalty of $200 for each Chinese immigrant so carried
in excess of such number.
N E W ZEALAND.—Women conductresses are appointed on board
ship for parties of single or unaccompanied women migrants at the joint
expense of the British and New Zealand Governments K
Ships bringing Chinese immigrants to New Zealand must not carry more
than one of these immigrants for every 200 registered tons. If an excess
load is carried, the owner, charterer, and master of the ship are jointly and
severally responsible for the payment of a fine up to £100 for each Chinese
passenger carried in excess. (Immigration Restriction Act, 1908, section 29.)
PERU.—By the Decree of 16 August 1906, ships carrying immigrants
to Peru must be so constructed that every person is provided with an
unencumbered area of at least 2 square metres, and that the height between
decks should be about 1.8 metres. Ships must possess a sick- room reserving a t least 3 square metres per sick person, and with a total capacity
sufficient to receive at least 4 per cent, of the persons taken on board. They
must be provided with a steam chamber for the disinfection of infected
articles in the case of contagious diseases and have on board a medical
officer and the necessary medicines. Every incident affecting health must
be noted in a special book during the voyage.
'
Ships transporting immigrants to Peru are examined at the port of
embarkation by the Peruvian consul, accompanied by a medical officer,
who supervises the hygienic conditions of the ship. The consul shall not
grant a visa to any health certificates in excess of the number of immigrants
which the vessel is capable of transporting.
U N I T E D STATES.—Parts VI to VIII of the Navigation Laws of the
United States, 1919, contain provisions to regulate the arrangements on
board ships in general and steam vessels in particular, with a view to their
seaworthiness. In accordance with those laws, an unseaworthy ship may
not be sent to sea. A careful inspection is called for in the case of steam
vessels, after which a certificate of inspection is issued, specifying the
number of passengers of each class that the vessel may carry.
Part I X of the same Laws relates more particularly to the transport of
steerage passengers and immigrants (Passenger Act, 2 August 1922).
"Steerage passenger" is held to mean any passenger except a cabin passenger;
and no person is to be deemed a cabin passenger unless the space allotted
to his exclusive use is in the proportion of at least 36 clear superficial feet.
There are special provisions laying down the conditions to be fulfilled by
vessels transporting steerage passengers. They relate to the number of
such passengers allowed to be carried ; the amount of space to be reserved
for each; conditions of accommodation (number, size, and arrangement
of berths), comfort (lighting and ventilation), hygiene (disinfection of
compartments, installation of w.c.'s, etc.), provisions (number of meals,
1
I M P E R I A L CONFERENCE, 1926 : Appendices
to the Summary
of Proceedings,
p. 276.
300
THE TRANSPORT OF IMMIGRANTS
quality of provisions), medical attendance (presence on board of a qualified
medical practitioner and installation of hospital accommodation), etc.
Other provisions forbid any person other than the steerage passengers
themselves to visit or frequent any part of the vessel provided for or assigned
to the use of such passengers except by the direction or permission of the
master of such vessel. Others, again, prohibit the taking on board of
explosives or cattle insufficiently isolated. Inspection by the authorities
of all arriving vessels is also provided for with a view to ascertaining that the
stipulations of the law (e.g. in relation to hygiene, capacity, etc.), have
been duly complied with; and, in case of need, the verification of the cause
of any case of sickness which may have occurred during the voyage.
A sum of $10 is payable in respect of every steerage passenger whose death
from natural causes has occurred during the voyage.
According to the Immigration Act, 1917 (section 11, (a)), the Secretary
of Labour is authorised to enter into negotiations with countries vessels
of which carry aliens to the United States, with a view to detailing
inspectors and matrons of the United States Immigration Service for duty
on vessels carrying immigrant or emigrant passengers between foreign
ports and ports of the United States. These inspectors and matrons
must remain in the part of the vessel where immigrant passengers are
carried, and it is their duty to observe such passengers during the voyage
and t o report to the immigration authorities a t the port of landing any
information of value in determining the admissibility of such passengers
that may become known to them during the voyage.
According to Rule 27, subdivision I, immigration officers on board vessels
arriving at United States ports for the purpose of inspecting passengers
or crew must observe the conditions prevailing upon the vessel with respect
to sanitation and the comfort of the passengers and crew, and they must
submit a report to the immigration official in charge. Two copies of this
report are forwarded to the Bureau of Immigration in order t h a t such further
action as may be deemed necessary may be taken.
URUGUAY.—The Act of 1890 stipulates that the conditions of accommodation, hygiene, maintenance, and treatment on board immigrant ships
coming to any port in the Republic must be the same as those required
for immigrants going to other ports on the Rio de la Plate (that is to say,
towards Argentine ports).
VENEZUELA.—The Immigration Act of 1918 regulates in detail the
conditions with which immigrant ships must comply. Such vessels must
not take on board more than two passengers per registered ton. Every
individual must have a clear space of 1.3 square metres if the deck is
2.8 metres high, 1.33 square metres if the height of the deck is 1.83 metres,
and 1.49 square metres if the height of the deck is 1.66 metres. A child
is reckoned as half a passenger. The space between decks must be at least
1.66 metres in height and the bunks must be at least 1.83 metres in length
by 0.5 metre in breadth. Every ship must possess all the lifeboats, instruments;, and appliances necessary for the health, safety, and convenience of
the passengers. The master must distribute and exhibit copies of the
Venezuelan Immigration Act.
Vessels may obtain exemption from haTbour, lighthouse, and other dues,
and even receive a special Government subsidy if they prove that the ships
which they employ for the transport of immigrants are seaworthy and in
good condition from the point of view of hygiene, and that the fares charged
are moderate and less than those generally charged. The Executive Power
must supervise the observance of the rules for health and safety on board,
and see that the immigrants are well treated and suitably fed.
,
TRANSPORT CONDITIONS ON LAND
301
§ 2.—Transport Conditions o n Land
I t would appear t h a t no countries regulate the transport of
immigrants by land u p t o the point of arrival at the frontiers.
On the other hand, there are several regulations regarding
transport within the country, whether by rail, river, or road,
from the point of arrival t o the place of employment. These
regulations refer particularly to the responsibility for paying the
expenses of the journey, which are often borne by the State or
charged to the employers. When the immigrants have t o pay
such charges themselves, reductions are sometimes granted as
a result of agreements with the transport companies. Provisions
regarding the transport of immigrants by the State from the
frontier to the place of employment are discussed in § 1 of
Chapter X I , along with those referring t o all other privileges
granted to new arrivals.
302
REJECTION AND REPATRIATION
CHAPTER X
REJECTION AND REPATRIATION
This chapter includes all regulations regarding the return
journey of migrants which are issued b y t h e countries of
destination of the migrant;, i.e. all regulations on repatriation
resulting from the refusal of admission, and also those referring
t o various cases in which the immigrants leave the country
after a more or less prolonged stay.
§ 1.—Rejection
A t the examination on arrival, if an immigrant is declared to
belong t o a prohibited class according to law, it very frequently
happens t h a t his return journey is charged to the shipping or
air transport company which brought him, at least if the reason
for rejection existed before his departure and had not been
concealed by t h e immigrant. More rarely, Immigration Acts
impose the same obligation on land transport companies, b u t in
very many cases this point is left indefinite.
Although t h e transport company is obliged b y the country
which prohibits the entrance of the immigrant t o remove him
from the frontier point where such rejection takes place, the
place t o which the immigrant m u s t be taken is not necessarily
t h a t from which he came. Immigration Acts often specify
t h a t a rejected individual must be taken back to his point of
departure, b u t sometimes also to another point chosen b y himself
or by the company, provided t h a t it is somewhere abroad. I t is
indeed sometimes clearly stated t h a t the company which has t o
p a y the cost of such transport shall not take the individual in
question to a country from which he has just been expelled or
REJECTION
303
t o any country which persecutes him; this provision helps to
safeguard the freedom of political refugees. Often, the law
does not state definitely the place to which a rejected individual
must be taken.
I n certain countries a company which is guilty of having
transported a prohibited individual is also subject to the payment
of a fine, quite apart from any damages which it may have to
pay to the interested p a r t y if evident negligence on its p a r t was
the reason for rejection. Often, moreover, as has been seen in
Chapter V I I I , § 5, the undesirable alien is kept on board and the
ship is responsible for his safe-keeping until he leaves the port.
Sometimes the transport company m u s t pay a deposit
guaranteeing the departure of the rejected immigrant, such
deposit being returned when it is proved t h a t these obligations
have been fulfilled.
The purpose of such measures is t o prevent the clandestine
immigration of an individual with the complicity or connivance
of the transport agent concerned.
BRITISH MANDATED TERRITORIES : Palestine.—The Chief
Immigration Officer, or an immigration officer authorised by him, may
order that a person arriving on a ship who is refused permission to enter
Palestine shall be removed from Palestine by the master of the ship on which
he arrived, or by the owners or agents of that ship, to the country of which
he is a national or from which he embarked for Palestine. (Immigration
Ordinance, No. 32 of 1925, section 6, (3).)
Tanganyika.—An immigration officer who decides that a person is a
prohibited immigrant may in his discretion, if the immigrant arrived by sea,
order him to leave the Territory in the ship in which he arrived. He may
order him to leave the Territory within a specified time, and by a specified
route. (Immigration Ordinance, No. 16 of 1924, section 16.)
Trans-Jordan.—Under the Aliens Act, 1927, the Emir may order that
a person arriving on a ship who is refused permission to enter the country
shall be 'removed by the transportation company concerned to the country
of which he is a national, or from which he embarked for Trans-Jordan.
FRENCH MANDATED TERRITORY : Togo.—By Order No. 71 of
31 January 1927, failure to show a passport or the presentation of an irregular passport entails the immediate re-embarkation of the individual
(section 1).
JAPANESE MANDATED TERRITORY : South Sea Islands.—
Certain regulations discussed in Chapter VIII, § 2, refer to the rejection of
the immigrant.
SOUTH AFRICAN MANDATED TERRITORY : South-West
Africa.—Every person notified by the immigration officer as a prohibited
immigrant must be detained on the ship by the master, who must remove
him from the Territory, and must pay the cost of his detention and maintenance. The immigration officer, however, may cause the person to be
304
REJECTION AND REPATRIATION
removed in custody from the ship and detained in some other place when it
seems to him desirable. (The Immigrants Regulation Proclamation,
No. 23 of 1924, section 9, (1).)
•
A R G E N T I N A . — E v e r y passenger who does not fulfil the conditions
laid down by Act No. 817 and the regulations issued in application thereof is
kept on board, and the master of the ship is obliged to return him to
the port of embarkation. He must also pay the fine laid down in
section 35 of the Act of 1876, not exceeding 1,000 gold pesos 1, and give
a guarantee that he will take back the passenger.
When any passenger is thus rejected the immigration inspector will
visit the ship a second time when it is about to depart to make certain
that the rejected individual is on board. If he is not, the inspector can
demand the payment of the deposit and draws up a report on the matter.
The deposit is refunded when it is proved by a certificate from the Argentine
consul of the port of origin that the rejected individual has really been taken
back to his destination. (Decree of 31 December 1923, section 9.)
AUSTRALIA.—The owners, agents, etc., of a vessel which brings a
prohibited immigrant to the Commonwealth must, on being required by
any collector of customs to do so, provide a passage for the prohibited
immigrant to the place whence he came, and they are also liable to pay to
the Commonwealth a fair sum to recoup the State for the cost of keeping
and' maintaining the immigrant while awaiting his deportation from
Australia.- (The Immigration Acts, 1901-1925, section 13A.)
BRAZIL.—The Federal Decree No. 16761, of 31 December 1924, stipulates t h a t companies or undertakings which transport immigrants in contravention of the terms of the State Decree must provide for their maintenance
on board and their repatriation (section 3).
This Decree applies to all Brazilian States.
CANADA.—The Immigration Act, 1910-1924, declares that every
immigrant who is rejected by an officer or a Board of Enquiry must, if
practicable, be sent back to the place from which he came on the vessel,
railway train, or other vehicle by which he was brought to Canada. The
cost of his maintenance while being detained after rejection, and the cost
of his return, must be paid by the transportation company. Any transportation company which refuses or fails to do this is liable to a fine of not
more than 500 dollars, and not less than 50 dollars for each offence. If any
immigrant comes to Canada indirectly through another country and is
rejected, and that other country refuses to allow him to return to it, he must
be taken to the country of which he is a citizen or native by the transportation company which conveyed him to that other country, and at the cost
of the company (section 39) (cf. § 2 of this Chapter).
Anyone who has been rejected or is detained for any purpose under the
Act, and who is suffering from sickness or mental or physical disability,
may be afforded treatment on board ship or in an immigration station
according to the decision of the officer in charge, and the cost of his hospital
treatment and medical attendance and maintenance is to be paid by the
transportation company which brought him to Canada (section 24, (1)). The
Deputy Minister may direct that a suitable attendant shall be kept with the
person during his medical treatment on board ship, or a t the immigration
station or hospital, or, in case of deportation, shall accompany such person to
his port of embarkation from Canada. Such cost is also to be paid by the
transportation company (section 34, (2)). Persons permitted to enter Canada
One Argentine gold peso = approximately 4s. 2d.
REJECTION
305
for medical treatment are not considered as "landed" within the meaning
of the Act (section 35).
By the Immigration Rules of Canada (Rule 2, (6)), it is stipulated that
transportation companies must deliver to the immigration offlcer-in-charge
at a port of entry, within two days after request, the original transportation
contracts of all rejected immigrants; and these contracts must show the
exact amounts paid for transportation from the place in the country whence
the immigrant was brought or from the country of his birth or citizenship,
to inland destination in Canada.
The Chinese Immigration Act, 1923, provides that every person of Chinese
origin or descent brought to Canada by a transportation company and
rejected by the Controller shall be sent back to the place whence he came
by the company; and the cost of his maintenance, as well as the cost of his
return, shall be paid by the transportation company (section 15).
COLOMBIA.—The masters of ships which have transported prohibited
immigrants to Colombia are obliged to take them back at their own expense,
quite apart from any fines which may be imposed and which may vary
from 50 to 1,000 gold pesos ». (Act No. 114 of 30 December 1922,
section 13.)
COSTA RICA.—Masters of ships bringing Chinese, whose immigration
is prohibited by the laws of the country, must take them back to the place
from which they came. (Decree of 11 December 1924, section 19.)
CUBA.—By the Decree No. 384 of 2 March 1925 (section 14), amended
by the Decree of 8 October 1926, every person found on Cuban soil contrary
to the Immigration Acts and Regulations will be re-embarked to his country
oí origin.
If such infringement takes place during the first year following arrival,
the return voyage must be paid for by the shipping company which brought
this immigrant to Cuba, and after this period must be borne by the State.
(As regards rejection at the moment of arrival, cf. Chapter VIII, § 5.)
DENMARK.—The master of a ship bringing a passenger not provided
with a passport is jointly responsible with the passenger for this offence.
He is subject to a fine, and if the contravention of the Act involves the
expulsion of the alien, the master of the ship or the shipping company or their
representatives in Denmark must refund to the police the expense of
repatriation. (Act of 31 March 1926, section 4.)
ECUADOR.—Every prohibited alien is rejected. The masters of ships,
and all companies, associations, undertakings, or individuals who bring
prohibited aliens as immigrants must re-embark them and remove them
from the country, but in no case must they take the alien to a country
where he will be subject to sentence or conviction in a court of law unless
an official request for extradition has been sent to the Government of
Ecuador and granted by it. (Act of 18 October 1921, sections 24 and 27.)
FRANCE.—Recent regulations, in particular the Circular of 15 February
1927 regarding the restrictions on the arrival of alien workers, stipulate
that workers not provided with a certificate of employment in due form are
subject to rejection on arrival at the frontier if they come with the intention
of taking up a post and earning wages in France.
Colonies 2 .—Aliens brought to French West Africa in contravention
1
One Colombian gold peso = approximately 4s. 2d.
The Order of 25 Oct. 1927, regulating the admission of Asiatic aliens engaged as workers
in the various countries of the Indo-Chinese Union, stipulates that immigrants who do
2
20
306
REJECTION AND REPATRIATION
of the immigration regulations must be repatriated a t the expense of the
company which brought them, by the first ship leaving the port, or in the
case of clandestine disembarkation, after having paid the penalty. (Decree
of 24 January 1925, sections 2-7.)
GREAT BRITAIN.—The Aliens Order, 1920, amended in 1923,
provides that if an alien is not permitted to land he may be placed temporarily on shore and detained at some place provided by the Secretary of
State.
Any such alien, or any alien who, not having been granted leave to land,
is found on shore in the United Kingdom, must be removed by the master
of the ship in which he arrived, or by the owner or agents of the ship, to the
country of which he is a national, or from which he embarked for the United
Kingdom, or, if he is a seaman, where he was engaged. This provision
does not apply, however, if a period exceeding two months has elapsed
since the date of the last arrival''of the alien in the United Kingdom.
Colonies.—When an immigrant is prevented from landing by the boarding officer in any of the following British colonies, the master or owner
of the ship must a t his own cost convey the person out of the colony. Gilbert
and Ellice Islands : Consolidation Ordinance, 1917, section 21, (3). Gold
Coast." Regulation of Immigrants Ordinance, No. 4 of 1914, section 3.
Federated Malay States : Passengers Restriction Ordinance, No. 6 of 1922,
section 8. Nyasaland : Immigration Ordinance, No. 17 of 1922, section 14.
Straits Settlements : Passengers Restriction Ordinance, No. 169 of 1919,
section 9, (4). Solomon Islands : Undesirable Immigrants Regulation,
1922;, sections 2 and 5.
If the passenger has landed or is detained in the colony until after the
ship in which he came left, the master or owner of the ship is liable to pay
the Government all costs incurred in the maintenance and removal of the
passenger. Barbados : Immigration of Paupers (Prevention) Act, 1909,
sections 4 and 5. Federated Malay States : ibid,, section 8, (iv).
If an immigrant who is entering the colony under a promise to labour
there is found on arrival to be incurable or permanently unfit for service,
he ntay be sent back at the expense of his creditor to the place where he
was recruited. Brunei : Indian Immigration Enactment, 1924, section 17.
Federated Malay States : Labour Code, 1923, section 25, (i), referring to
Chinese immigrants; section 83, (4), referring to Indian immigrants; and
Netherlands India Labourers Protection Enactment, 1909, section 5, (a).
Trinidad and Tobago : Immigration Ordinance,No. 26 of 1916, section 50, (2).
Unfederated Malay State of Johore : Labour Code, No. 10 of 1924, section
25, (i), referring to Chinese immigrants, and section 83, (iv), referring to
Indian immigrants.
Federated Malay States ; Unfederated Malay State of Johore. The Labour
Codes of these colonies provide that when it appears upon examination
that a Chinese immigrant has been brought into the State by fraud or
misrepresentation as to work or wages, the Protector of Chinese Immigrants
shall enquire into his case, and, if satisfied that he has just cause for complaint,
shall either release him from his contract or send him back to the place
from whence he came at the expense of his creditor. The Protector has
the right to fix the maximum sum for which any immigrant shall be indebted
for his passage money and advances. (Labour Code, No. 18 of 1923,
sections 23, 25, (ii), and 27, (i).)
Straits Settlements. By the Labour Code No. 15 of 1923 it is provided
not pass the medical examination on arrival are returned to their country of origin at the
expense of the person who engaged them. If the latter is not in a position to send them
back immediately, they may be provisionally kept at the immigration depot and fed a t
the expense of the same person (sections 19-23)
«.EJECTION
307
that when it appears that a Chinese immigrant has been brought into the
Colony by fraud or misrepresentation, the Protector of Chinese may
make an enquiry and cause the immigrant to be sent back to China at the
expense of the person who has paid his passage (section 61). Anyone who
pays the passage of a Chinese immigrant and enters into a labour contract
with him must furnish particulars to the Protector of Chinese of such an
engagement (section 66).
If in Mauritius an immigrant is introduced from any place outside British
India by a person who has not a licence, the Governor may prevent the
immigrant from being landed ; and if he is landed the Governor may take
direct measures at the expense of the owner, agent or master of the ship
to have the immigrant sent back to the place from which he was brought.
If any native of India is improperly introduced into the Colony, the
Governor may direct that he be delivered to the Protector; and if the
Governor directs that he shall be returned to India, the expense of so doing
may be recovered from the person by whom the Indian may have been
introduced. (Labour Ordinance, No. 12 of 1922, section 56, and No. I I of
1924, section 50.)
Moreover, in Ceylon and Hongkong, the legislation states in general terms
that the master of a ship bringing any pauper to the Colony is responsible
for all expenses occasioned by this pauper (cf. Chapter I I I , § 1, (J)).
GREECE.—By section 4 of the Ordinance of 23 June 1927, a visa to a
passport granted by the Greek consul does not necessarily imply the right
to enter Greece. An alien may be rejected by the immigration authorities
despite the possession of a visa if he is found to belong to a prohibited
category.
GUATEMALA.—Decree No. 875 of 15 September 1924 inflicts a fine
of 300 American gold dollars * per person on shipping companies bringing
prohibited immigrants. These companies are obliged to take back rejected
immigrants and pay the expenses (section 40).
By the Act of 30 April 1909 (section 5), immigrants brought by an undertaking or a private individual and declared to belong to a prohibited class
must be repatriated to their place of departure at the expense of the person
who brought them.
I R I S H F R E E STATE.—Under the terms of the Aliens Order, 1925,
any alien to whom leave to land has not been granted must be removed
from the Irish Free State by the master of the ship on which he arrived
or by the owners or agents of the ship to the country of which he is a national
or from which he embarked for the Irish Free State or, if a seaman, where
he was engaged.
This provision, however, does not apply if a period exceeding two months
has elapsed since the date of the arrival of the alien (section 3, (5)). (See
§ 2 of this Chapter.)
Where leave to land has been refused to an alien and he is found on shore,
an immigration officer or any constable may at any time within one month
after the arrival of the alien return him to the ship on which he arrived, or
to any ship belonging to the same owners and bound for the port from which
the alien came to the Irish Free State (section 3, (6)).
J A P A N : Formosa.—Section 10 of Ordinance No. 68 of 24 September
1904, amended by Ordinances No. 25 of 1915, and No. 198 of 1920 concerning Chinese workers, forbids recruiting and transport agents to grant a
certificate of transport to Chinese workers belonging t o a prohibited category. By the same Ordinance such persons are rejected and repatriated
1
One gold dollar = approximately 4s. 2d.
308
REJECTION AND REPATRIATION
to China at the expense of the agent or of the captain who brought them
without demanding a certificate from an authorised agent (sections 11, (b),
and 15.)
MEXICO.—Prohibited alieni? are rejected on arrival. They must be
taken back to their point of departure by the ship which brought them oranother ship of the same company, or else by any other ship at the expense
of this company.
If the rejected immigrant arrived by land or by air, the return journey
will be made at the expense of the immigrant or of the undertaking which
brought him or, in case of insolvency, at the expense of the Government.
If the immigrant is liable to a legal sentence, he must pay this penalty
before being deported, according to the conditions mentioned above. The
expenses involved in the maintenance of immigrants who are to be rejected
or deported must be borne by the undertaking which brought them. (Immigration Act of 12 March 1926, sections 34 and 62, and Health Code promulgated on 27 May 1926, sections; 85 and 86.)
N E T H E R L A N D S : E a s t Indies.—By the Coolies Ordinance,No. 15 of
29 June 1925, an Indian labourer coming from any point in the East and
recruited according to this Ordinance must, if his contract of employment
has not been signed by the competent official, be repatriated by the employer
who engaged him according to the conditions laid down in the terms of the
engagement (cf. § 3).
By the Royal Order No. 32 of 15 October 1915, regulating the admission
of aliens as free immigrants, individuals who are not granted an admission
certificate are rejected (section 8, (5)).
NEW ZEALAND.—According to the Immigration Restriction Act,
1908-1910, section 24, the Minister of Internal Affairs may, for the purpose
of removing from New Zealand any prohibited immigrants, make a contract
with the master, owner or agent of any ship for the passage of any such
immigrant to the port or place from whence he came or to any port or place
in or near to his country of birth. Upon the contract being made, such
immigrant may, with his personal effects, be placed on board ship by any
officer or constable, and the master must keep him on board, in custody
if necessary, until the ship has sailed. If the immigrant appears to be
destitute, the officer placing him on board may supply him with a sum of
money sufficient to enable him to maintain himself for one month after
disembarking from the ship at the end of the voyage.
Sections 18 and 19 stipulate that a prohibited immigrant who unlawfully
lands in New Zealand is liable to a fine of £100, and also to be removed from
New Zealand, and, pending such removal, to be detained in prison or other
safe custody for any period not exceeding six months.
In every case the master and owner of the ship by which the prohibited
immigrant was brought t o New Zealand are liable to a fine of £100 in the case
of each immigrant; and also to defray the expenses incurred in removing
him from New Zealand.
NORWAY.—Every person not satisfying the legal conditions for admission
may be expelled from the Kingdom. Should special reasons demand it,
the alien may be deported to a country other than that from which he
came.
When the rejected person arrived by sea or by air, the vessel which brought
him must remove him to the country from which he came or to any other
country ordered by the police and cannot claim Government support for
this purpose.
Any person engaging an alien resident in the country must pay the costs
of his return journey if he is refused a labour permit. (Act of 22 April
1927, sections 3 and 24.)
REJECTION
309
PANAMA.—According to the Administrative Code, immigrants who
are found by the health officials to be suffering from diseases which bring
them into a prohibited class are to be rejected by the harbour police (section
1876).
The masters of ships, companies, associations, undertakings, or private
persons who bring prohibited aliens into the country must re-embark them
and take them back to their place of origin or to some other place outside
the country. They are also subject to a fine of from 200 to 400 balboas 1
for every individual who has been brought in clandestinely (section 1877).
Act No. 13 of 23 October 1926 also lays down that in the case of immigrants
belonging to a prohibited race the same obligation to repatriate them or
take them to some other country is imposed on the person who brought
them; but in this case the fine may rise to 500 balboas for every person
introduced clandestinely (section 7). By section 1855 of the Administrative
Code, persons responsible for introducing by land immigrants belonging
to prohibited races are subject to the same fines as those who bring them
by sea and must also remove the said immigrants from the country.
PARAGUAY.—If suspected individuals are, on examination, finally
considered undesirable, the authorities prevent them from disembarking
and make the master of the ship which brought them responsible for removing them as quickly as possible and liable at the same time to the statutory
fine (cf. Chapter VIII, § 5).
If the immigrants arrive by rail they are prohibited in the same way and
the same fines are inflicted on those bringing prohibited individuals.
(Decree No. 20173 of 24 February 1925, sections 8 and 9.)
By the Immigration Act of 6 October 1903, the employer who brings
alien workers into the country must give a guarantee which is considered
sufficient by the Immigration Department to cover the cost of the immigrants' journey and their return journey, in case they should be found to
belong to a legally prohibited category or if they do not comply with the
regulations by presenting themselves on arrival to the Immigration Department. Similar regulations are made by the Decree No. 10579 of 26 September 1919, regarding land settlement, according to which, settlement
undertakings which have hired prohibited individuals or such as are rejected
on arrival, bear the entire responsibility for this infringement of the law and
must repay to the Government any expenses which may have been involved
in the rejection of the immigrant
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