The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1890-05-27

O-'OASAS' -,
mir. Chock KEN, Honolulu.
"Sir: 1 have the honor to ac-
knowledge the receipt of your letter
of this date making application for
permit for your son All Sung to enter
the Kingdom.
I'm reply, 1 beg to state that if All
Sung is entitled to a permit he should
present proof of that fact to His
Majesty's Consul General at Hong
kong. Since he was born in China
it should be simple matter to pro.
duce at Hongkong the record and
proof of the date and place of his
birth while no record showing those
facts is available in this Kingdom.
Il have the honor to be, Sir,
"Your most obed't servant,
"TSigned] JONATHAN AUSTIN,
Minister of Foreign Affairs"
The Statute upon which this case
is based is Section 6 of the Act to
Regulate Chinese immigration, Oh.
% of the Laws of 1887, viz:
SECTION 6.
permits to enter the Kingdom
shall also be granted by the Minister
of Foreign Affairs, His Majesty's
Consuls- General at Hongkong and
San Francisco, and His Majesty's
Consul or Commercial Agent at
Shanghae, to any Chinese woman of
good moral character, or to the wives
of Chinese residents in the Kingdom,
and to Chinese children under four
teen years of age whose parents are
residing in the Kingdom, or who &C
company their parents, and to fami-
lies consisting of parents and chill
dren as aforesaid; no charge will be
made for permits granted hereunder"
By tile Court.
Upon the pleadings and the Sta
tute what is the petitioner entitled
to on behalf of the Chinaman All
Sung, now detained on board the
ship "Tillie Baker? The petition
alleges that he having been born in
the fourth year of the reign of Kon
ST, the second moon and the fifth
day, is consequently thirteen years
of age now. This allegation is not
traversed in the return nor is it as
being neither admitted nor denied,
thrown upon the petitioner to prove
it, and is therefore taken to be true
But it is said for the respondent that
the Court can take no notice of a
date fixed by the Calendar of the
Emperor of China. 1t is true, and l
do not-I omit the consequently
and take the sworn statement of the
father that his son is thirteen years
of age. But it is further said
that the allegation that he is
thirteen years old is not equivalent
to saying that he is under fourteen
years of age" The form of words
used does not satisfy me, at the same
time the declaration that he is thir-
teen years of age imports in common
usage that he is not fourteen, and
can only be used seriously in any
other sense but with direct inten-
ton to deceive-I will not presume
that. The petitioner swears that he |
is the father of All Sung, and that |
be is a resident in the kingdom, and |
this is not traversed. But it is said |
for the respondent that it is "par-
ents," that is both the father and |
mother of a child, resident here, to
whom the statute applies, and that
the conditions are not complete
when, SO far as appears in this case,
here is only father resident here.
[ do not read the statute as requir-
ing this construction. It speaks of
wives of Chinese residents" when
it is presumable that 1t intended the
wife of a Chinese resident, and of
children" when we must suppose a
child is intended, in a case where
here is only one child to be per-
nitted to land. So parents" is used
n the plural as applying to plural
Instance and not prescribing that
here shall be two parents in sin
gle instance. Moreover, it is the
;ather who makes the application in
his case, the head of the family.
The ratio Iegis, the reason or purpose
If the law is evidently to promote
he union or reunion of the family,
md the construction here given is in
;onsonance with that reason. All
sung, coming within the prescrip-
ions of the age and of having par
'nts resident here, the reason
by the respondent, in his
etter above, for refusing a permit is
o be considered, namely, that he
ould have obtained a permit from
His Majesty's Consul-General at
But the Statute equally
Empowers the respondent to issue a
permit. He assigns the ground that
It Hongkong the record of his birth
night be produced. 1t does not ap-
'ear that there are official records
-ept in the various provinces of
Jhina of the dates of birth of chill
Iren, or that certificate from such
ecord could be produced before
he Consul General at Hongkong.
nd the Statute does not prescribe |
hat kind of proof and exclude the
roof of the oath of the parent,