Enclosure 5.
C. O.
13146 RECP 45
REGE 4 JUL 87
ORDINANCE FOR THE BETTER REGULATION OF THE TRADE IN OPIUM
DEBATE IN LEGISLATIVE COUNCIL, 23RD AND 27TH MAY, 1887.
Reprinted from Hongkong Daily Press.
His EXCELLENCY THE ACTING GOVERNOR, MAJOR-GENERAL CAMERON,
Hon. J. RUSSELL, Acting Chief Justice. Hon. F. STEWART, Acting Colonial Secretary. Hon. E.J.ACKROYD, Acting Attorney-General HON. A. LISTER, Colonial Treasurer. Hon. H. G. THOMSETт, Harbour Master. Hon. WONG SHING. Hon. A. P. MACEWEN.
Hon. J. BELL-IRVING.
Hon. C. P. CHATER.
Mr. A. SETH, Clerk of Councils.
THE OPIUM BILL.
A meeting of the Hongkong Legislative Council was held on the 23rd May, 1887. There were present :-
His EXCELLENCY--In now asking the Council to continue the consideration of the Opium Ordinance, I think it may, perhaps, be necessary to explain, with regard to the telegram I read the other day, the intentions of the Chinese Government, as they were, perhaps, not sufficiently explained in the telegram.
To sum up the matter as briefly as possible, the limitations that they wish to be imposed with regard to the export of opium in quantities less than one chest amount to this, that these smaller quantities can be exported to Canton by river steamer, or by any steamer having the privileges of a river steamer, and by junk to any port in China, Canton and all the other ports, but not by steamer to any port except Canton. I think it is necessary, perhaps, to offer that explanation.
If the Bill is read a second time, the Government propose to submit amended clauses which we think will satisfy the requirements of the Colony, as regards the counter-proposals that were made.
I think my hon. friend the Chief Justice wishes to make some remarks before we proceed.
The ACTING CHIEF JUSTICE-I should like to hear what is said first. If it is necessary I may make a few remarks.
The ACTING ATTORNEY-GENERAL-I beg, Sir, to renew my motion for the second reading of a Bill entitled an Ordinance for the better regulating of the trade in opium.
It will be in the remembrance of all the members of this Council that after I had made my original motion, some proposals were handed in to the Government against the bill. These proposals were submitted to the Chinese Government and they have been mainly accepted.
And therefore, I now move that we proceed with the Bill. I can inform hon. members that if this Bill is read a second time as it stands before the Council, the Government is ready to make certain amendments which I believe will meet all the objections which have been made, as these amendments have been drafted from proposals which were made to us by an hon. member of this Council, which were accepted by the Council, and accepted also by the Chamber of Commerce.
The principal modifications are contained in the revised Bill which have been printed and circulated, in order that members of Council could see exactly what they were and come prepared to discuss them.
The principal amendment is, of course, made in clause 4 of the original Bill, which runs as follows: "No person except the Opium Farmer shall have in his possession or under his custody or control Opium in quantities less than one chest." Well, we propose that it shall be lawful for the Colonial Treasurer, on such conditions as may be approved by the Governor in Council, to grant licences for the sale of opium in quantities less than one chest, and no person except the holders of such licences shall be permitted to sell or barter within the Colony or its waters opium in quantities less than one chest.
The purchase, sale, or barter of quantities less than one ball of Bengal Opium or three catties of Malwa, Persian, or Turkish Opium is hereby forbidden.
Clause 5 makes it incumbent upon the licensee to attach certain certificates to all parcels of opium sold.
No. 6 is--"No person except the Opium Farmer or the licensed retail dealers shall have in his possession or under his custody or control Opium in quantities less than one chest without a certificate of purchase from a Licensee, except he can show to the satisfaction of a Magistrate: (a) That the said Opium is covered by a certificate of one of the Licensees. (b) That he has received it under an official export permit.
Provided always that it shall be in the absolute discretion of the officer charged with issuing export permits to grant or withhold the same, and that this section shall not apply to samples not exceeding two taels covered by a certificate of the importer."
Licensees are to keep a register of the particulars of purchase and sale in such form as the Governor in Council shall from time to time direct.
There is another change which has been made in clause 14, which gave to the Opium Farmer the right of search. That right has been taken away from him and is now vested in the Harbour Master or his deputy.
Then there are some minor changes which, as I have already said, meet the objections which have been made to the original Bill.
Hon. C. P. CHATER-Sir, as I have hitherto been obliged to oppose the second reading of this Bill, I think it will not be out of place, if I say a few words as to the Ordinance in its amended form.
As far as I have been able to learn, in the short time it has been in our hands, certain modifications will be necessary, and I have no doubt will be allowed when we go into Committee.
I may also take this opportunity of stating that I had the honour of being consulted