6
packages, the bulk of whose contents often consisted of other matters besides opium. A further Chinese amendruent that the total number of packages to be exported should not exceed a monthly limit to be fixed by the conference was rejected as impracticable. The resolution as finally passed forms the basis of article 4 of the convention. 22. The British delegation then proposed a resolution that each participating Government should prohibit the export and import of raw opium save through the agency of specially authorised persons, and this was passed with an amendment suggested by the German delegation substituting the word "duly" for "specially." The resolution as thus amended forms the basis of article 5 of the convention.
23. The last resolution we proposed on this subject was that measures should be taken by the Universal Postal Union for regulating the transmission of raw opium through the post. This was carried, but does not find place in the articles of the convention, on the ground that the conference had no power to bind the Postal Union. It figures, therefore, as an expression of opinion (veu) in clause (1) of the final protocol. 24. The report of the Programine Committee on the matters to be discussed under the head of medicinal opium, morphine, and cocaine, &c., was then approved, and some discussion took place in regard to the fourth section of their proposed agenda, which simply specified anti-opium remedies without mentioning points which might be discussed thereunder. The action subsequently taken in regard to this matter will be found stated in paragraph 56, and was in accord with a suggestion made at this stage by Sir W. Collins.
25. At the sixth session (12th Decomber) the Chinese delegation proposed a resolution to the following effect :---
"With a view to assisting China in her efforts to restrict the importation of opium into her dominions, the Governments represented at the conference are prepared to signify their adhesion to the engagement embodied in the agreement between the British and Chinese Governments of the 8th May, 1911, to the effect that chests of Indian opium, unsealed and unaccompanied by the special numbered permits issued by the Indian Government, shall be refused entry into any of the treaty ports of China, and will take the necessary steps to make that engagement binding on their nationals.
Further, the Governments represented are prepared to signify their adhesion to the terms of prohibition issued by the Chinese Government forbidding the importation of Persian and Turkish opium into the Chinese Empire after the 1st January, 1912, and to take the necessary measures to make such prohibition binding on their nationals."
K
After some discussion, in the course of which Mr. Max Müller pointed out that, to the best of his knowledge, all the treaty Powers, with the exception of Portugal, Brazil, and Sweden, had already adhered to the Anglo-Chinese agreement of the 8th May, 1911, the resolution was carried. Later on, when it came before the Drafting Committee, it was held that its appropriate place would be not among the definite articles of the convention, but as a cou in the final protocol, and ultimately (at the seventeenth session) the Chinese delegation proposed that it should be dropped altogether, in view of the objections which the Persian delegate had expressed at the sixteenth session, when he urged that the conference was not called upon to give emphatic approval to measures that had already been taken by the Chinese Government, and which were calculated to cause loss to his country; and this course was taken,
26. A further resolution which was subsequently proposed on the subject, primarily, of raw opium may be conveniently referred to here. This was brought forward by the Persian delegation at the thirteenth session, and was to the effect that there should be a gradual suppression of the production of opium containing less than 9 per cent. of morphine; and that to this end the interested Powers should agree to discourage the production of all opium of this sort by private enterprise, and to stop its production under direct Government control within a period of eight years. He stated that this resolution was justified by the fact that medicinal opium must contain not less than 10 per cent. of inorphine, and that it was desirable to confine the consumption of opium to medical purposes.
27. Sir William Meyer replied that the British delegation could not possibly accept this resolution. The great bulk of Indian opium contained less than 9 per cent. of morphine--on the average about 7 per cent. He had already explained (ride Appendix I) the policy of the Indian Government in regard to raw opium. That Government did not agree that its use should be confined to so-called medical purposes, since they had to take into consideration the usages and needs of a large Dumber of people who could not or would not have recourse to European treatment.
7
274
On a division the resolution was defeated by 9 votes to 2, the American delegation being the only one which rallied to its support.
It is tolerably certain that this mischievous resolution, the intention of which was to strike at Indian opium, was due to the suggestion of Dr. Hamilton Wright, since it is within our knowledge that Dr. Wright had himself previously drafted a resolution to the same effect.
28. Reverting now to the proceedings of the sixth session (the 12th December), the conference then took up the subject of prepared opium, and the Netherlands delegation moved a resolution that the participating Powers should prohibit, as a general rule, the importation and exportation of this species of opium, subject to a proviso that, in certain circumstances, it might be allowed on board ship for the personal use of the crew during the voyage.
On discussion this proviso was withdrawn, and the Portuguese delegation proposed to amend the main clause of the resolution by making the prohibition of export of prepared opium a gradual one, on the ground that there was an export of locally manufactured and prepared opium from Macao into China; that the supply was in the hands of a contractor whose contract had some time to run; and (as explained in the following session) that it was desirable to substitute gradual for immediate reform in order to gain the adhesion of outside Powers. The amendment was lost, and the original resolution was then passed in the following form: Les Gouvernements par- ticipants à la conférence s'engagent à prohiber l'importation et l'exportation d'opium préparé. The resolution forms the basis of the first part of article 7 of the convention, and the only vote cast against it was that of Portugal.
29. We, however, recorded our affirmative vote ad referendum, in view of the possibility of the resolution being held to apply to traffic between one British possession and another, and of the fact that an absolute prohibition of such traffic, in respect of prepared opium, might be inconvenient, since, for example, some of the protected Malay States are supplied with prepared opium from Singapore, and a similar course is under consideration as regards the North Borneo Protectorate. On reference to you, we were authorised to accept the resolution on the understanding that the words "exportation" and importation" referred merely to foreign trade, and not to traffic between different territories under His Majesty's jurisdiction. A declaration to this effect was accordingly made at the fourteenth session.
30. The American delegation then brought forward a series of further resolutions on the subject of prepared opium. Dr. Hamilton Wright had previously declared that these would not be put if the main part of the Dutch resolution above referred to was passed unanimously; but as Portugal had voted against it, he held himself at liberty to proceed with his resolutions. The first of these was to the effect that such of the participating Powers as had not already prohibited the exportation of prepared opium should do so, or else should restrict the number of places through which prepared opium might be exported. After some amendments moved by ourselves and the Chinese delegation with the object of eliminating Portuguese opposition, the resolution was unanimously passed in the following terms -
"Il est convenu que les pays représentés qui ne sont pas encore prêts à prohiber l'exportation de l'opium préparé la prohiberont aussitôt que possible, et restreindront en attendant le nombre de localités par lesquelles l'opium préparé pourra être exporté.”
This resolution now figures in the convention, partly as a second part of article 7 and partly as clause (a) of article 8; and it may be noted that, with article 7 as thus constituted, the Portuguese objection to the resolution which formed the basis of the first part of the article disappeared.
31. Later on, at the twenty-first session, when article 7 came up for secondd reading, the Chinese delegation proposed an addition to the effect that in any case there should be prohibition within three years of the convention coming into force. The Portuguese, however, strongly opposed this amendment, and said that if it were carried they could not take part in the further work of the conference.
We thought the amendment reasonable, but in view of the strong opposition of the Portuguese to reopening the question at this stage, we abstained from voting, as did most of the other delegations, with the result that the amendment was carried by the votes of three delegations only, those of China, the United States, and Persia. In view of the small number of positive votes in its favour, the Chinese delegation thereupon withdrew the amendment.
32. The next American resolution was that the Governments represented should forbid the exportation of prepared opium to such countries as may forbid its entry, and that no prepared opium should be shipped to a country which wishes to restrict the
Zy
新