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44. A further German amendment which inserted the words généralement reconnues after the words recherches scientifiques in what is now article 14 (d) was at the same time carried, its desirability being generally apparent.
45. It may be explained here that the original resolution on which draft article 17, as given in paragraph 39, was based, made no specific mention of anti-opiuni remedies. The circumstances in which this reference was inserted in clause (b) of the draft article, and in article 14 (b) of the final convention, are stated in paragraph 47.
46. We need only add at present, that when the resolution which formed the basis of draft article 11 (paragraph 39) came under consideration, the American delegation suggested that the licence system therein contemplated should apply also to instruments used for the injection of morphine and cocaine. This was, however, opposed by the German delegation, on the ground that there was no special set of instruments set apart for use in connection with these drugs, and, the objection being supported by Sir William Collins, the proposal was dropped.
47. At the eleventh session (19th December) the French delegation brought forward a resolution to the effect that it was desirable to take measures against so-called anti-opiun remedies, which for the most part contained opium, morphine, or cocaine. After some discussion, during which Dr. Wu-Lien-Teh showed, from a series of analyses that had been made in regard to a number of these remedies, that nearly all of them contained opium or morphine, even though in some cases warranted not to do so, the resolution was passed unanimously in the following forın :---
"La conférence, constatant que, dans les pays où des efforts ont été faits pour combattre l'abus de l'opium, on a été amené à faire usage de soi-disant remèdes anti- opium, contenant de l'opium, de la morphine ou de la cocaïne, décide que les Gouverne- ments participants prendront contre ces remèdes dangéreux des mesures analogues à celles qui sont proposées contre l'opium, la morphine, la cocaïne et contre leurs sels respectifs."
The substance of this resolution has been embodied in article 14 (b) of the final convention, which lays down that any preparations, whether styled anti-opium remedies or not, containing more than 2 per cent. of morphine or 1 per cent of cocaine, shall be treated in the same way as those drugs.
48. The Chinese delegation then submitted a series of resolutions having special reference to China, and to the Powers having special treaties with the Chinese Government. These resolutions had been discussed with us before they were presented, and had been worded in accordance with suggestions we had made.
The first two resolutions were to the effect that :-
(1.) The participating Governments agree to co-operate with the Chinese Govern- ment in the prevention of the smuggling of opium, morphine, cocaine, &c., from their colonies in the Far East, or from their leased territories in China into Chinese territory, while the Chinese Government will similarly co-operate towards the prevention of such smuggling from China into the colonies and territories in question.
(2.) With a view to giving practical effect to the principle embodied in resolution No. 9 of the Shanghai conmission, the Chinese Government will enact pharmaceutical laws for its subjects, regulating the sale and distribution of morphine, cocaine, &c., and will communicate these laws to the treaty Powers represented at the conference. These Powers will, if they find the said laws acceptable, take the necessary steps for applying them to their own nationals in China.
These two resolutions were carried as they stood.
49. The third resolution was to the effect that the participating Governments would undertake to adopt all necessary measures to restrict and control the smoking of opium in their leased territories, settlements, or concessions in China, and to suppress any opium-smoking divans, &c., that might still exist there, as also to prohibit the smoking of opium in places of public amusement and houses of ill-fame.
To this resolution the German delegation moved an amendment, which was adopted, to the effect that the suppression of opiun-smoking divans, &c., should take place pari pasau with similar measures adopted by the Chinese Government in its own
territories.
50. The fourth resolution, as carried with a verbal amendment suggested by the French delegation, proposed that the participating Powers should take effective measures for the gradual reduction, pari passu with similar measures taken by the Chinese Government, of the number of shops dealing in opium, which may still exist
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in their leased settlements, territories or concessions, and that they should adopt suitable and effective measures for the restriction and control of the retail trade in opium in these areas.
51. The fifth resolution, after some alteration in the original wording which took place after discussion thereon, was to the following effect :----
"The participating Governments possessing post offices of their own in China undertake to adopt stringent measures to prevent the illegal importation into China. as well as the transmission from one part of China to another through the agency of their aforesaid post offices, of opium, whether raw or prepared, cf morphine, cocaine, and their respective salts, and of the other substances dealt with in the convention."
52. All these resolutions, subject to the amendments above indicated, passed without opposition, but Siam and Persia abstained from voting as not having treaties with China. The resolutions were originally embodied, as having special reference to the conditions of China and to circumstances which did not affect some of the conference
Powers, in a separate supplementary convention. The articles now figure as Nos. 15 to 19 of Chapter IV in the final convention, and in signing the convention the Siamese and Persian delegates indicated that they did so with a reserve on the subject of these articles, since they have no special treaties with China.
53. The Drafting Committee then put before the conference three documents, comprising:-
(a.) Draft articles of a convention embodying the general resolutions already passed
on the subject of opium, raw and prepared, morphine, cocaine, &c.
(b.) Draft articles on the subject of ratification, adhesion, and denunciation. (c.) A draft final protocol.
A preliminary reading was then given to document (a), and some verbal amend- ments were introduced.
54. At the twelfth session (20th December) the conference proceeded to the discussion of the first portion of document (b), which dealt with the procedure in regard to ratification coming into force, adhesion coming into force, and denunciation in rospect of the convention. The procedure submitted for discussion was as follows:---
(1.) There would be a premier dépôt des ratifications at The Hague as soon as several signatory Powers were prepared to ratify.
(2.) The remaining participating Powers would ratify subsequently by written notification.
(3.) All outside Powers should then be invited to adhere.
(4.) The convention would come into force a year after the Netherlands Government had received the ratifications of all the contracting Powers and the adhesion of all the outside Powers above mentioned.
(5.) If, however, matters were not so far advanced two years after the signing of the convention, all the Powers that had by that time ratified or adhered were to be invited to sond delegates to a fresh conference at The Hague to consider the conditions under which the convention might nevertheless be wholly or partially enforced.
(6.) A subsequent denunciation of the convention by any Power would apply only to that Power, and would come into effect a year after notice of denunciation had been given.
55. In regard to the first condition above mentioned, we proposed, to expedite matters, that the convention should in any case be ratified by the participating Powers within six months, and, subject to an American amendment which extended the period to one year, this was carried. As regards the third condition, we also procured an amendment providing that invitation to the outside Powers should take place after the premier dépôt instead of after universal ratification, and that the premier dépôt might have effect as soon as six Powers were ready to ratify.
56. The discussion of the draft did not proceed further before our Christmas recess, but at the thirteenth session (21st December) we presented an important amendment with reference to the manner in which the convention was to come into force, which is given in paragraph 61 infra. This amendment was referred to the Drafting Committee, whose powers were extended so as to enable it not merely to put into conventional form the substance of resolutions already accepted by the conference, but to add such additional articles as seemed necessary for the purposes of completing the convention.
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