The Archive · 1938

Fees Waived in Cases of Extreme Poverty

"From now on, H.M. Consul-General will consider exercising hi power under the China Order-in-Council which provides for the withdrawal of recognition or protection, as well as the infliction of a fine, from those who fail to fulfil their obligations," announced Mr. R. S. Heaney, Passport Officer, during the course of two cases involving nonzegistraücn by British subjects im rid, Police Court yesterday morning, mr. C. H. Haines, Registrar, said iba: the registration of British subject as not only necessary, but under the Order-in-Council was obligatory fo: every one, Mr, Heaney said that he had beer instructed by the Consul-General te say it was essentially in the interests of the British subject himself that he should be registered, apart from the consular requirements, The registration requirements extended to every British man, woman and child Registration of an entire family could be entrusted to one individual, but one person's registration did not re lieve the other members of the family from their obligations to register under Article 215 of the Order. A registration by a husband or a father as not sufficient to cover the wife or family.

Another popular misapprehension, he said, was that inability to pay the registration fee released people from the necessity to register, This was quite erroneous, and failure 10 register on this ground would not be taken as an excuse. He was further instructed to say that no efforts had been spared to bring the registration requirements to the notice of British subjects resident in this district and that from now on the Consul-General lit consider exercising his power to withdraw recognition of fines, from is well as the infliction of fines, from those who had failed to register, "Most Important" ihe Registrar said that this was nest important. He would also men-ion that nothing in the Order-in-Council said anything about the pay-ut of fees, what payment should be made er what happened when people were not able to pay their ces, Registration was obligatory, ind there were no exceptions, not sven for poverty or destitution. He jointed gut, and Mr, Heaney agreed, that the Passport Office had the power to remit part or all of any such fees in cases of hardship or destitution.

Two Britons appeared before the Zourt yesterday, charged with nonregistration, The first, Mr. Thomas irbairn, "was charged with not registering himself for the years 1928 io 1937 inclusive, but the charges in respect of the years 1928 to 1934 were withdrawn when he told the court that he had been under ship's articles during that period, Asked about the three remaining years, he said:—"I am now living in Shanghai under a pension from Jardine's of $30 a month."

"Why did you not register during those three years?—I had no money."

"You admit you did not register—Oh yes."

"Mr, Heaney, it is a fact, isn't it, that if a British subject comes and says he has not enough money to pay the fees, you will register, bim without payment?—Yes,"

"Mr. Fairbairn, did you take any steps to see what the fees were?—I don't think I did.

"Someone Told Me"

"I don't think you did eitheri—When I only had $30 a month, there was no use my looking for it, Someone told me it was six dollars a month."

Mr, Heaney said that the consular authorities were not pressing for a fine to be inflicted, they just wanted "to impress on him the essential requirement of being registered."

Mr. Haines:—"I think I can bind him over under rule 62 to come up for sentence later. It is inexpedient to award any punishment other than a nominal one and I am going to discharge you on condition you give a security to appear for sentence if called upon,"

Mr, Fairbairn:—"Does that mean I have to come and pay you something every month?"

Sentence Suspended Mr, Haines:—"No! I merely reserve the right to inflict punishment on you in the case of a new offence of this nature, You will be bound over for two years in your own recognizance of $50. Next!

Mr. Ewan Dewar was charged with failing to register himself for the years 1918 fo 1937 inclusive, He pleaded that Kam 1918 to September, 1027, he was!bn board a s Mr Heaney asked permission to withdraw the charges for those particular years and said it was a pity both Mr.. Fai bairn and Mr. Dewar had not raised this excuse when they saw him in the passport office.

With regard to the other years, Mr. Dewar admitted that "it was just really slackness." Asked what hi means were, he said that he had been employed by the Kiangnan Dock, but was now cut of employment; he was still trying to get work. He, teo, was bound over for two years under rule 62 under his own recognizance,

Text read from the printed page and cleaned; old type leaves the occasional error.

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