The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1890-03-28
NATURALIZED CHINESE.

Subject Of the Hawaiian Kingdom
rs Punishment for Crime-A Test
Case.
In the Supreme Court of the Hawaiian
Islands, at Chambers. W. R. Castle for
and on behalf of Chung Waa, VS.. iona.
Austin, Minister of Foreign Affairs.
Hearing February p, 1890.
A person born of Chinese parents,
naturalized in this Kingdom as Ha-
waiian subject, can return to this King
dom from China and land in this King
dom though not possessed of the permit
to enter required of all Chinese by the
Act of December 20, 1887, entitled can
Act to Restrict Chinese Immigration"
A subject of this Kingdom cannot be ex-
Guided from it except as a punishment
for crime.
OPINION OF JUDD, c. ].
This is bill for an Injunction to re-
strain the Minister of Foreign Affairs of
this Kingdom from hindering and pre-
venting one Chung Waa, who is now in
China, from returning to and landing in
the Hawaiian Kingdom
The bill alleges that he is a Hawaiian
subject duly naturalized under the lawsof
this Kingdom on the 10Th day of August,
1886, that he has departed this country
on visit to China, in the discharge of
his necessary business, and desires and
expects to speedily return to this King
dom that the respondent is Minister OF
Foreign Affairs and as such threatens
and declares that he will not permit the
petitioner to return and land in this
Kingdom, and will hinder and prevent
him from SO returning and landing unless
he, the said Chung Waa, shall possess a
permit to return to this Kingdom and
shall furnish to the respondent two pho
tographs of himself. pay fee of five dol
lars and comply with other vexations
and oppressive requirements contrary to
his rights as Hawaiian subject; and
that he has no such permit.
The answer admits that respondent has
refused to allow the said Chung Waa to
enter this Kingdom unless he shall pos
sess passport or permit, bnt denies that
said refusal is contrary to his rights and
privileges, and that he is not entitled to
enter this Kingdom without such permit.
BY THE COURT.
On the hearing it was proved that
Chung Waa, a person born of Chinese
parents in China, after long residence
in this Kingdom, was duly naturalized
as citizen of Hawaii on the 10Th
August, 1886, and left for China for a
visit few months ago, having declined
to comply with the regulations made by
the Cabinet as prerequisite to obtain
ing permit to enter this Kingdom.
The regulations require that the sap
plication of Chinese resident to enter
this Kingdom shall be accompanied by
the applicants receipt for taxes for the
current year; his passenger ticket; his
Custom house passport; duplicate copies
of photographs showing full face and
profile views of the applicant and a fee
of five dollars
"And such applicant shall make it
appear to the satisfaction of the Minister
of Foreign Affairs that he has resided
within the Kingdom for two years, and
that he is not vagrant, criminal, pro-
fesslonal beggar, user OF opium or one
likely to be charge upon the country
These regulations are made in pursuance
OF the authority granted to the Minister
of Foreign Affairs by Section of can
Act to regulate Chinese immigration, -
approved December 20, 1887. This Act
forbids the landing of any Chinese at
any part of this Kingdom unless provid-
ed with permits to enter the Kingdom
issued by the Minister of Foreign Affairs
under and subject to the regulations. +"
l have had some difficulty regarding
the propriety of this application, it being
for an injunction to restrain the Minister
of Foreign Affairs from preventing the
petitioner from landing in this Kingdom
without the permit, for it does not APP
pear he has arrived off one of our ports
and now seeks admission, but on the
contrary, the applicant is still in China,
and for all that appears he may remain
there and presumably will continue to
remain there unless he is assured that
he may land in this Kingdom. When
he does seek admission, the Minister
may change his mind and allow him to
enter without permit. But no objec-
ton is made by respondent to the apple
ability of the relief sought by injunction,
and l infer that an authoritative con-
struction of the law is sought by the
Government as we'll as by the petitioner.
therefore treat the case as if Chung
Waa had arrived off this port, was pre-
vented from landing, being without the