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16
It was suggested that if the Port Sanitary Authority took legal advice on
this point a way might be found out of the difficulty, and that your Medical
Officer should apply for authority to take proceedings in these cases, the
Port Sanitary Authority having power to grant the authority asked for. It
was further suggested that Section 110 of the Act might be amended by
substituting for the word " lying" the word " being.'' Such amendment
would confer the necessary power of entry. It was possible, of course, for
your Medical Officer to act as a private individual in the matter of a nuisance,
but probably such a course would do little good.
Undesirable immigrants might be defined as aliens whose domicile in
England is, or is likely to be, detrimental to the community, on the ground
of (1) bad character, (2) physical and mental disease, (3) dirty or offensive
habits, (4) no probability of being able to live permanently in proper conditions
of health or decency without the assistance of public charity or relief.
To be an undesirable immigrant should be a summary offence. That the
conditions of alien immigrants in respect of these definitions should be
decided on board the ship in which they arrive. It was suggested in reference
to proceedings under the nuisance clauses of the Public Health Act that
Sanitary Authorities appear to go for cure rather than prevention, with the
result that the process had been described as " endless." It was absolutely
necessary, if the law was to be enforced, that it should be looked upon as
punitive where persons are in fault, and penalties should be inflicted.
Section 4, Sub-Section 4, of the Public Health (London) Act, 1891, provided
a penalty of 10/. in every case where a Notice had been served on a person
under the section, and either (a) the nuisance arose from the wilful act or
default of the person, or (b) such person makes default in complying with the
requirements of the Notice within the time specified. There were very few
cases where a fine of 10/. would not be a sufficient punishment as a deterrent.
Of course, in the case of a defendant not paying, in default of distress he
would go to prison.
Should the Royal Commission decide to impose restrictions on the importation
of aliens into the Port of London, especially as regards personal
cleanliness and freedom from disease, I would point out that this Authority
has all the machinery for dealing with this aspect of the question. It would
only be necessary to give powers to detain such vessels at Gravesend for
inspection by the Medical Officer of your Authority, and the subsequent
detention on board the vessel of any persons found unfit until it has been
decided whether to allow them to land or to return them whence they came.
The inspection of such immigrants by the Board of Trade Officer as to their
financial condition, destination, &c., could take place at the same time,
and the opportunity of detaining the vessels there would ensure this being
done in a thorough manner.