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Instructions to the British Delegates to the International Opium Conference, held at The Hague, December 1911– January 1912.
No. 1.
Sir Edward Grey to British Delegates to the International Opium Conference. Gentlemen,
Foreign Office, November 29, 1911. YOU have already been informed that His Majesty's Government have selected you to be the British delegates at the conference which is to meet at The Hague ou the 1st December, to conventionalise the resolutions of the Shanghai Opium Commission, and to discuss the question of restricting the manufacture, sale, and distribution of morphia and cocaine.
In September 1909 the United States Government invited the Governments which were represented on the Shanghai International Opium Commission to send delegates, furnished with full powers, to an international conference to negotiate and conclude an agreement conventionalising the resolutions adopted at Shanghai so that they might be given international effect.
A tentative programme was at the same time submitted by the Government of the United States professedly based upon the resolutions and proceedings of the inter- national commission, which it was thought might properly serve as the basis at least for preliminary discussion.
This programme, and the nine resolutions adopted by the Shanghai Commission, will be found in the enclosure in the note from the United States chargé d'affaires of the 23rd September, 1909, a copy of which I annex for convenience of reference.
As it was necessary to consult, not only the several departments of His Majesty's Government interested, but also the Government of India, as to the desirability or otherwise of taking part in a conference of the nature indicated, some considerable time had to elapse before it was possible to reply to the invitation of the United States Government.
His Majesty's Government though fully sharing the opinion of the Indian Government that a conference for the purpose of conventionalising the resolutions of the Shanghai Commission would be premature, and that the more extended programme which the Government of the United States had suggested as a basis for discussion contained matter which went beyond and was inconsistent with the recommendations of the Shanghai Commission and involved the discussion of subjects to which strong objection must be taken, nevertheless, consented to take part in the proposed conference subject to certain conditions and reservations.
Indian and
His Majesty's Government, in replying to the invitation of the United States Government, laid it down as a condition of their participation that the conference should thoroughly and completely deal with the question of restricting the manufacture, sale, and distribution of morphia and cocaine. Majesty's Government attach especial importance, in view of the spread of the morphia This, indeed, is a subject to which His and cocaine habit in India, in China, and in other Eastern countries, Chinese experience shows that legislation against the importation of morphia and cocaine must fail to be thoroughly effective owing to the ease with which it can be evaded in practice, and consequently suggests the desirability of co-operation on the part of the home and foreign Governments in the shape of control over manufacture and distribution. You will, therefore, use your best efforts to secure the assistance of the Governments represented at the conference towards obtaining this end.
His Majesty's Government while expressing their desire, equally with the Govern- ment of the United States, that effect should be given to the resolutions of the Shanghai Commission, and declaring that as regards the subjects for discussion other than morphia and cocaine, they should, in their opinion, be those indicated in the
recommendations of that commission, felt bound to take exception to the following items of the American tentative programme :—
(h.) The propriety of restudying treaty obligations and international agreements under which the opium traffic is at present conducted.
(1) The advisability of reciprocal right of search of vessels auspected of carrying contraband opium,
(m.) The advisability of measures to prevent the unlawful use of a flag by vessels engaged in the opium traffic.
(n.) The advisability of an international commission to be entrusted with the carrying out of any international agreement concluded.
The above subjects His Majesty's Government are not prepared to discuss, and they further consider that the following matters should be excluded from consideration by the conference :-
1. The arrangements made between His Majesty's Government and China respecting the progressive restriction of the importation and production of opium in China.
2. All other existing treaties between the two countries,
3. Any resolution specifically affecting the domestic regulation of the production and use of opium and cognate questions of internal administration in India, or any other portion of the British dominions.
You should therefore refuse to enter into discussion at the conference of any of the above subjects, though this proviso does not preclude your communicating to the conference, it desired, any information in regard to systems of regulation in India or the colonies that might be of assistance to the labours of the delegates.
Further delay was caused by the time involved in making the necessary preliminary studies as to the trade conditions and manufacture of morphia and cocaine in the countries concerned; but finally all the countries interested having notified their compliance with the conditions precedent, His Majesty's Government signified their readiness to attend a conference, and invitations were issued by the Netherlands Government for the 1st December.
Originally the United States Government promised a definitive programme based upon the suggestions and views of the participating Governments, but they subsequently withdrew this promise, and stated that they would merely collate and prepare for circulation at the meeting of the conference the reservations and proposals received from the various Governments, while the conference itself would draw up the final programme based on such reservations and proposals, whether communicated previously to the United States Government or made at the opening of the conference.
Under these circumstances it is difficult to provide you with more definite instructions than those stated above, but you should refer to this Office for instructions on any point on which you are in doubt.
Finally, I would add that your powers to enter into any agreement are not plenary, but are merely of an ad referendum nature. You will also bear in mind that any convention that you may sign will not thereby be binding on any of His Majesty's self-governing dominions, colonies, or protectorates, but you will be careful to secure for them the right to adhere to any such convention should they wish to.
Sir,
Enclosure.
I am, &c.
E. GREY.
Mr. Carter to Sir Edward Grey.-(Received September 24.)
American Embassy, London, September 23, 1909. I HAVE the honour to enclose herewith, for the information of His Majesty's Government, a copy of a circular instruction from the Department of State of the United States, dated the 1st September, relative to the International Opium Conference, which the Secretary of State has addressed to the diplomatic representatives of the United
This instruction was subsequently modified so as to enable the British delegates to declare that the articles of the convention should apply to the Government of British India, Ceylon, the Straits Settlements, Hong Kon, and Wei-hai-Wei. See paragraph 88 of the Report of the British delegates-" Miscellaneous No. 1 (1912),"
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