FIDENTIAL
33]
No. 1.
SECTION
C. O.
3642
IRECT
Memorandum communicated to M. Cambon, September 10, 1906.
Importation of Morphin into China.
REGR 29 JAN 07,
129
ARTICLE XI of the Mackay Treaty of the 5th September, 1902, between Great tain and China, states that
"His Britannic Majesty's Government agree to the prohibition of the general portation of morphia into China, on condition, however, that the Chinese Govern ent will allow of its importation, on payment of the Tariff import duty and under cial permit, by duly qualified British medical practitioners and for the use of pitals, or by British chemists and druggists, who shall only be permitted to sell it mall quantities and on receipt of a requisition signed by a duly qualified foreign dical practitioner.
"The special permits above referred to will be granted to an intending importer his signing a bond before a British Consul guaranteeing the fulfilment of these ditions. Should an importer be found guilty before a British Consul of a breach his bond, he will not be entitled to take out another permit. Any British subject porting morphia without a permit shall be liable to have such morphia confiscated.
"This Article will come into operation on all other Treaty Powers agreeing to its aditions, but any morphia actually shipped before that date will not be affected by
prohibition.
The Chinese Government, on their side, undertake to adopt measures at once to event the manufacture of morphia in China."
On the 6th July, 1905, the following notification was issued by the Chinese perial Maritime Customs at Shanghae :-
"The general importation of morphia and of the needles or instruments for podermic injection is now prohibited, with the exception that physicians and uggists are at liberty to procure supplies for medical purposes, on payment of duty, nder special permit.
"Special permits will be granted to all qualified importers on their signing bonds fore their Consul guaranteeing that their intended importations of morphia or of struments for its injection are either for the use of hospitals, or, if for sale, are to sold only in small quantities and on receipt of a requisition signed by a duly alified foreign medical practitioner.”
By virtue of this notification the importation at Shanghae of morphia by two ritish firms was prohibited, pending instructions from Peking.
His Majesty's Minister at once called the attention of the Chinese Government the matter, reminding them that the Treaty Powers had not yet notified their hesion to Article XI of the Treaty of 1902, and requesting the withdrawal of the otification.
The Chinese Government defended the issue of the notification on the ground of being a Lumane measure intended for the protection of human life and health. r E. Satow replied that the humanity of the measure was not the point at issue, nd requested them to conform to Treaty stipulations. The notification was accordingly ithdrawn.
It appeared to His Majesty's Government that the desire of the Chinese Govern- ent to prevent the indiscriminate sale of morphia was in itself laudable, if honestly leant, and, after consideration, Sir E. Satow was authorized to communicate to the hinese Government the following conditions on which His Majesty's Government light consent to the prohibition ------
1. That the Chinese Government should in the first place obtain the consent of the Treaty Powers.
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