(This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE.
CONFIDENTIAL.
432
0.
[September 19154
RCCE SECTION 4
REG 12 MAR 07
(26233)
No. 1.
Memorandum communicated to M. Cambon, September 10, 1906.
Importation of Morphia into China.
ARTICLE XI of the Mackay Treaty of the 5th September, 1902, between Great Britain and China, states that--
"His Britannic Majesty's Government agree to the prohibition of the general importation of morphia into China, on condition, however, that the Chinese Govern- ment will allow of its importation, on payment of the Tariff import duty aud under special permit, by duly qualified British medical practitioners and for the use of hospitals, or by British chemists and druggists, who shall only be permitted to sell it in small quantities and on receipt of a requisition signed by a duly qualified foreign medical practitioner.
"The special permits above referred to will be granted to an intending importer on his signing a bond before a British Consul guaranteeing the fulfilment of these conditions. Should an importer he found guilty before a British Consul of a breach of his bond, he will not be entitled to take out another permit. Any British subject importing morphia without a perinit shall be liable to have such morphia confiscated.
"This Article will come into operation on all other Treaty Powers agreeing to its conditions, but any morphia actually shipped before that date will not be affected by this prohibition.
The Chinese Government, on their side, undertake to adopt measures at once to prevent the manufacture of morphia in China."
On the 6th July, 1905, the following notification was issued by the Chinese Imperial Maritime Customs at Shanghae:
"The general importation of morphia and of the needles or instruments for hypodermic injection is now prohibited, with the exception that physicians and druggists are at liberty to procure supplies for medical purposes, on payment of duty, under special permit.
"Special permits will be granted to all qualified importers on their signing bonds before their Consul guaranteeing that their intended importations of morphia or of instruments for its injection are either for the use of hospitals, or, if for sale, are to be sold only in small quantities and on receipt of a requisition signed by a duly qualified foreign medical practitioner."
By virtue of this notification the importation at Shanghac of morphia by two British firms was prohibited, pending instructions from Peking.
His Majesty's Minister at once called the attention of the Chinese Government to the matter, reminding them that the Treaty Powers had not yet notified their adhesion to Article XI of the Treaty of 1902, and requesting the withdrawal of the notification.
The Chinese Government defended the issue of the notification on the ground of it being a Lumane measure intended for the protection of human life and health. Sir E. Satow replied that the bumanity of the measure was not the point at issue, and requested them to conform to Treaty stipulations. The notification was accordingly withdrawn.
It appeared to His Majesty's Government that the desire of the Chinese Govern- ment to prevent the indiscriminate stle of morphia was in itself laudable, if honestly meant, and, after consideration, Sir E. Satow was authorized to communicate to the Chinese Government the following conditions on which His Majesty's Government might consent to the prohibition :--
A
1. That the Chinese Government should in the first place obtain the consent of all the Treaty Powers.
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