14
Enclo. No. 1
Enclo No.2.
forfeiture provisions, which seem in some cases at least, to
apply irrespective of any knowledge or consent of the owner.
4. Copy of a digest of certain notes by the
Superintendent of Imports and Exports is enclosed. The
Superintendent of Imports and Exports emphasises the very
peculiar nature of the conditions governing Chinese ship-
owning in the Colony and ventures to doubt whether
provisions similar to those contained in the draft amendment
to the Straits Ordinance would not tend to remove all
restraint on the use of ships for carrying opium, as he is
of opinion that it would be impossible in practice to secure
a conviction.
the
A
5.
A table is appended giving specific instances
of concealment of opium in places where it could only be put
with the connivance or gross negligence of the ship's
officers or owner. The cases in which a conviction under
the sub-section in question was obtained are indicated.
I venture to submit that the operation of
the Ordinance in this respect has not been inequitable.
Section 8 of the Arms and Ammunition
6.
Ordinance, 1900, is on a different footing, because the
vessels referred to therein are all comparatively small and
the craft and their personnel are under the detailed control
of the person in charge. In addition arms and ammunition
are in general less easy to conceal than opium. I am of
opinion that the retention of the section is in the
circumstances entirely defensible.
7.
The retention of the sub-section of the
Opium Ordinance is, I admit, more difficult to defend, but
I submit that, if the same discretion is exercised in the
future as in the past, there is no reason to fear that any
case of injustice will occur under its application, while
its