6
discussion of its terms. As a matter of fact, at the next session, on the consideration of the report of the Editing Committee, which incorporated the resolution in the protocol, the Haytian delegate proposed certain alterations of form to which no exception could be taken, but it was ruled that, as the resolution had been unanimously accepted and had been included, unaltered, in the protocol, it was impossible to reopen discussion upon it. There was, indeed, throughout the sittings of the Conference a tendency on the part of certain delegates, whose Governments were only interested in a secondary degree in the subjects we were met together to discuss, unduly to hasten the proceedings and to sacrifice thorough consideration of the questions before us to a speedy termination of our labours. On the other hand, certain other delegatious desired to protract the duration of the Conference until replies had been received from the non-signatory Powers to the new representations which were about to be made. We are not aware, however, that the results attained by the Conference were in any way prejudiced either by too little discussion or by the expedition of the procedure.
We desire to draw attention to a speech made by Dr. Wu Lien-Téh, one of the Chinese delegates, at the commencement of the third session (l. c., p. 16). Dr. Wu urged the necessity of speedy ratification by all the signatory Powers, and insisted on the efficacy of the measures adopted by the Chinese Government since the signature of the convention and the importance of the results thus obtained. He pointed out that China was especially interested in an early ratification of the convention as it contains articles specially applying to China. He quoted article 18, which deals with the reduction, pari passu with the adoption of corresponding measures by the Chinese Government, of the number of shops for the sale of raw or prepared opium existing in the leased territories, foreign settlements, and concessions in China, and the restriction and control of the retail trade in opium in the leased territories, settlements, and concessions. He gave instances of the state of affairs in this respect at present prevailing in the International Settlement of Shanghai and the French Concession at Tien-tsin. We were not in a position either to confirm or contest the accuracy of Dr. Wu's figures though we reasserted (l. c., p. 18) the belief of His Majesty's Govern- ment in the sincerity of the Chinese Government in their opium policy; our object in referring to this particular point is merely to express our opinion that this is one of the matters where action on the part of the signatory Governinents need not wait on ratification and enforcement of the convention.
With the adoption of the resolution prescribing the steps to be taken with the object of inducing the hitherto abstaining Governments to sign, it was felt that the Conference had accomplished its principal task and that little remained to be done. However, as the president pointed out, it was necessary to decide what should be the next step on the part of the signatory Powers if the fresh representations contemplated failed to produce the desired effect and certain Governments still refused to sign. In the course of the ensuing discussion the Chinese delegate explained (l. c., p. 21) that according to his interpretation of article 23 of the Opium Convention, under which we had been summoned, we were bound to decide before separating, either in the affirmative or the negative, the question of the possibility of ratifying the convention. He contended that, though the delegations had individually declared the ability or inability of their Governments to ratify, no decision on this point had been come to by the Conference as a whole, so that we had not as yet discharged the duty imposed on us by article 23. He suggested that the new representations contemplated by the resolution just adopted be male at once, and that, pending receipt of replies, the Conference do adjourn. He was optimistic enough to believe that the replies would be received by the end of August, and he proposed that the delegates should reassemble by that date, which would coincide with the opening of the Peace Palace, and expressed his firm belief that the Conference would by that time be in a position to decide as a body on the ratification of the Opium Convention.
Dr. Hamilton Wright, the first delegate of the United States, seconded the proposal of the Chinese delegate, and expressed his wish that the Conference should not dissolve until the result of the fresh representations had been ascertained. The opinion of the majority of the delegates was against such a proposal. It was felt that the question of the possibility of ratification had already been fully examined into, and it was quite evident, though the minutes do not clearly indicate this, that few, if any, of the delegates shared the optimistic views of their Chinese and American colleagues as to the time necessary to obtain the replies of those Governments which had hitherto failed to sign, several of which were at the time actively engaged in war.
Our opinion was that the event contemplated by article 23 had taken place; the Powers which had signed had met together, and had examined the possibility of
7
depositing their ratifications notwithstanding the absence of certain signatures. That mandate was exhausted, and it therefore seemed necessary to amend or extend article 23. We accordingly proposed (1. c., p. 22) the following resolution :—
"That it be referred to the Editing Committee to prepare and present to the next meeting of the Conference a protocol de clôture, setting out the resolution which has been passed unanimously by the Conference, and also suggesting an amendment of article 23 with a view to meet the situation which has arisen from the signature of the convention by a large number of Powers and the abstention of a certain number."
After some further discussion our resolution was adopted, and the Conference adjourned in order to allow the Editing Committee to accomplish the duties thus imposed on them.
The reasons which guided the Editing Committee in drafting the final protocol are fully described in the explanatory statement made by their chairman, M. van Deventer, at the fourth session of the Conference (l. c., p. 31). For the moment it is sufficient to say that their draft protocol was printed and distributed to the delegates in time to permit of its consideration before it came up for discussion at the fourth session. At this same session the Chinese delegation submitted a resolution in the following terms:-
That the delegates to the Second International Opium Conference advise their Governments to deposit forthwith their ratifications.”
This resolution had been previously circulated, and we took an early opportunity of pointing out privately to the Chinese delegates that such a resolution could not be accepted by certain of the delegations; that it was superfluous as far as concerned the Governments which had already declared their readiness to deposit their ratifications; while, as regarded the other Governments, their delegates had, under instructions, stated the reasons for which their Governments were for the present unable to proceed to ratification, and nothing had meanwhile occurred which would justify those delegates in advising their Governments to alter their attitude and deposit their ratifications forthwith. Dr. Yen therefore withdrew this resolution, and agreed to move in its place the resolution to which reference has already been made, and which had been drafted by the Editing Committee, thus providing the Netherland Government with the necessary authority to receive the instruments of ratification from those Governments which were prepared to ratify. This resolution appears in the final protocol in these words: "a décidé que le dépôt des ratifications peut avoir lieu dès maintenant.' resolution was, as already stated, unanimously adopted.
The
M. van Deventer, chairman of the Editing Committee, in submitting for the approval of the Conference the draft final protocol, referred to the assistance afforded to the Committee by the honorary president of the Conference, M. van Swinderen, who had attended their last meeting and was in full accord with the proposals now submitted. M. van Deventer explained that the Committee had, at the outset of their labours, noticed the omission on the part of the Conference, already referred to by us, to give a direct reply to the question submitted to it under article 23 of the convention, whether, in spite of the fact that certain signatures had not yet been obtained, the deposit of ratifications could nevertheless take place. This omission, M. van Deventer explained, had now been remedied by the resolution just unanimously adopted. The Committee had next dealt with the British resolution adopted at the third session. They had had no difficulty in deciding on the bodily incorporation of the resolution dealing with the steps to be taken to secure the signatures of further Powers, but they had found that the suggestion of a modification of article 23 of the Convention of the 23rd January, 1912, presented difficulties. It had appeared to the Committee that to modify in any way the text of the convention was open to exception, especially in view of the fact that one of the original signatory Powers to the convention was not represented at the second Conference; moreover, the chairman of the Committee explained that it was scarcely logical to eliminate a provision which had already been acted upon and to which practical consequences attached. In place of a formal amendment of article 23, the Committee accordingly proposed that the Conference should pass the following vau, which would then be inserted in the final protocol :-
"Que dans le cas où la signature de toutes les Puissances invitées en vertu du paragraphe 1 de l'article 23 n'aurait pas été obtenue à la date du 31 décembre, 1913, le
• TRANSLATION.——“ Has decided that the deposit of ratifications may now take place.” [1247]
D
432
i