CHAPTER X

Exclusion of Chinese

(See 4, 7, 8, 10, 12, 12.1, 13, 25.)

RULE 129. Purpose: The purpose of the Rules concerning the exclusion of Chinese is the preventing of entry through the Canal Zone into the Republic of Panama of Chinese persons who are forbidden by the laws of the Republic of Panama to enter the territory of that country.

RULE 130. Chinese Not Allowed to Enter the Canal Zone: No Chinese person shall be allowed to enter into or remain in the Canal Zone, except as provided in these Rules; and any Chinese person found in the Canal Zone in contravention of the provisions of these Rules shall be punished as provided in Rule 132. The word "Chinese" as used herein shall mean a person of the Chinese race without regard to the nationality of such person.

REGULATION 130.1. By Whom Administered: The rules and regulations regarding exclusion of Chinese shall be administered by the Bureau of Customs.

RULE 131. Exceptions: Rule 130 shall not apply to the following: Diplomatic and Consular agents of the Chinese Government, upon showing proof of their official character; Chinese persons legally residents of the Canal Zone or of the Republic of Panama; domestic servants employed by personnel of the United States Army and Navy stationed in the Canal Zone, when such employment has the approval of the Governor; those whose services have been contracted for by the United States, The Panama Canal, or the Panama Railroad Company; any Chinese person coming into the Canal Zone by specific authority of the Governor.

RULE 132. Penalty: The penalty for the violation of any of the Rules herein established for the exclusion of Chinese shall be a fine not to exceed five hundred dollars ($500) or imprisonment not to exceed one (1) year, or both such fine and imprisonment.

(See Canal Zone Code, title 2, section 141.)

RULE 133. Liability of Vessels Bringing Chinese Persons: The owner or interest controlling a vessel bringing into the Canal Zone a Chinese

person excluded by Rule 130 shall return such excluded person to his port of embarkation, and, when required by the Canal authorities to do so, such owner or interest shall return a certificate to said authorities from the proper officials of the port of embarkation certifying that the said excluded person has been landed at said port. When a vessel, having Chinese persons on board, comes within the Canal Zone in distress or under stress of weather, such Chinese persons may be permitted to land when authorized by the Governor, but they must depart from the Canal Zone with the vessel on its leaving the port.

RULE 134. Cost of Excluding or Deporting Chinese Persons: The cost of excluding or deporting Chinese persons excluded by Rule 130 shall be a charge against the person or interest responsible for bringing such Chinese persons into the Canal Zone. Such costs shall include expenses incident to detention, maintenance, transportation and transportation of baggage, as well as actual cost of deportation. Clearance may be withheld from the vessel until such costs have been paid or their payment has been secured.

RULE 135. In case of deportation of Chinese persons in which no person or interest can be held responsible for the cost thereof, such cost will be paid from the Canal funds.

RULE 136. Detention: Any Chinese person awaiting deportation or held for the determination of his right of entry into the Canal Zone or the Republic of Panama may, when necessary, be detained by the Canal authorities at such place as may be designated by the Governor.

RULE 137. The master of a vessel owned or controlled by the same interests as a vessel which has brought to the Canal Zone any Chinese person subject to exclusion by Rule 130 shall be required to receive such Chinese person on board at such time prior to the date of sailing of his vessel as may be decided upon by the Canal authorities.

RULE 138. Descriptive List: The master of a vessel from a foreign port with one or more Chinese persons on board, stopping at a port in the Canal Zone, or transiting the Panama Canal, shall deliver to the designated official of The Panama Canál a descriptive list of all Chinese persons on board his vessel at the time of its arrival in the Canal Zone. Such list shall contain the names of all Chinese persons on board as shown by the ship's papers, and shall be subscribed and sworn to by the master.

REGULATION 138.1. The master of a vessel carrying Chinese as members of its crew shall have in his possession passports or other identification papers covering each Chinese seaman, giving the name of the seaman as shown on the articles, date and place of birth specifying the town or province, height, any distinguishing marks or

characteristics, occupation and signature of the seaman in Chinese, also photograph and right thumb print of the seaman.

REGULATION 138.2. Identification papers or passports of Chinese seamen shall be available for the inspection of the Boarding Officers upon the arrival of a vessel at a Canal Zone port and when such vessel remains in port 24 hours or more all Chinese identification papers shall be delivered to the Chief Customs Inspector for custody, to be returned to the master after his crew has been checked and found to be aboard prior to the sailing of the vessel.

REGULATION 138.3. In the case of vessels arriving without proper passports or other identification papers for Chinese members of their crews, such Chinese seamen may be removed from such vessels and detained at the expense of the vessel in question in the local jail 'or quarantine station until such time as the vessel is ready to depart, or until the master has prepared and presented suitable identification papers covering the Chinese seamen.

RULE 139. Temporary Entry into the Canal Zone for Transit: Chinese persons arriving from foreign ports, who desire to enter the Canal Zone in transit to other countries, may be allowed to make entry under such regulations as may be established by the Governor, but such transients who are destined for the Republic of Panama shall not be released in the Canal Zone unless the consent of the authorities of the Republic of Panama is first obtained for their entry into the said Republic.

RULE 140. Entry under Bond: Chinese persons entering the Canal Zone under Rule 139, and Chinese members of a vessel's crew discharged in the Canal Zone under authority of the Governor, may remain temporarily in the Canal Zone until a reshipment is obtained by them, provided a satisfactory bond, in a sum to be fixed by the Canal authorities, but not to exceed five hundred dollars ($500), is executed by or in behalf of such Chinese person or persons, and conditioned that the principal in the bond, in good faith will obtain a reshipment and leave the Canal Zone at the date fixed by the Canal authorities; and said bond shall be forfeited for the full amount thereof by judgment in the District Court of the Canal Zone, should the principal in said bond fail to comply with any of the conditions thereof.

REGULATION 140.1. Vessels or interests responsible for the temporary entry of Chinese persons into the Canal Zone in transit may be required to give a bond to guarantee that such Chinese will continue their journey within such reasonable time as the proper authorities may determine, or will return to port of embarkation in case their journey is not continued. Such bonds shall not be canceled until the Chinese persons for whom they were given have departed from the Canal

Zone, and receipt for their delivery has been received from the proper officer of the ship upon which they took their departure. The vessel upon which Chinese in transit depart shall be held responsible for the maintenance and return to the port of embarkation of any Chinese refused admission at port of destination and for that or any other reason are returned to the Canal Zone.

RULE 141. Duty of Vessels to Prevent Landing of Chinese Persons: It shall be the duty of the owner, agent and officers of any vessels bringing to the Canal Zone any Chinese person excluded under Rule 130, to adopt the necessary precautions to prevent the landing of such persons at any time or place other than as permitted and designated by the Canal authorities; and any such owner, agent or officer who shall land, or through negligence permit to land, any Chinese person contrary to the provisions of these Rules, shall be subject to the penalty prescribed by Rule 132. Every person who aids or abets in the violation of this order shall be equally guilty with the principal.

CHAPTER XI

Customs Administration

(See 4, 7, 8, 10, 12, 12.1, 13, 25.)

RULE 142. Customs District: There is hereby established a customs district, which shall comprise all lands and waters within the jurisdiction of the United States in the Canal Zone and the maritime waters contiguous thereto.

RULE 143. Ports of Entry: There shall be two ports of entry in the Canal Zone, viz., Balboa and Cristobal, at which vessels may be entered or cleared and articles imported or exported.

REGULATION 143.1. Vessels shall be entered either at the port of Balboa or the port of Cristobal. Vessels are entered by the customs upon the report of the customs boarding officer, and it is not necessary for masters to come ashore for that purpose. A transiting ship entered at the port of Balboa is required to clear from the port of Cristobal, or vice versa.

REGULATION 143.2. The ports of Balboa and Cristobal are entirely under the jurisdiction of the United States Government, and no vessels discharging cargo at these ports, even when a part of the cargo is consigned to the Republic of Panama, need produce a "sobordo" or manifest certified by the Panamanian Consul at the port of shipment. Masters must certify four copies of manifest of local cargo. (As amended by Governor's Regulation September 4, 1935.)

REGULATION 143.3. Two copies of the manifest of all cargo exported shall be furnished the customs; however, with the consent of the customs, previously obtained, these documents may be furnished through an agency on the Isthmus within 48 hours after the clearance of the vessel.

RULE 144. Customs Bureau: There shall be a Bureau of Customs in the Division of Civil Affairs, which, under the Executive Secretary, shall enforce the customs rules and regulations of the Canal Zone, and have exclusive control for customs purposes over all articles, including passengers' baggage, introduced into the Canal Zone, until such articles are released by a customs officer. The Bureau of Customs shall consist of such customs officers as may be appointed by the Governor. (See Canal Zone Code, title 2, section 61.)