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in Chinese waters could be tried and punished by the
Consular Courts for opium smuggling. This doctrine would,
however, certainly be contested by the Chinese authorities
and in point of fact a Chinese who committed a crime in
terrritorial waters, other than an offence against the
shir discipline, would always be handed over to his
national authorities for punishment.
2.
The International Opium Convention of 1912 (Chapter
IV) in effect binds the signatory Powers to prevent not only
the import of opium into Chinese territory but also its
transport by their nationals from one Chinese locality to
another.
Under the existing regulations of the Chinese Maritime
Customs all opium is contraband and liable to seizure.
4. Articles 47 and 48 of the Sino-British treaty of
Tientsin (1858) prescribe the penalties incurred by British
ships concerned in smuggling.
5. A copy of the Anti-Opium Law of the Nationalist
Government was forwarded by His Majesty's Consul-General at
..
Shanghai to His Majesty's Minister in a despatch dated
March 20th last, and will be found in the Foreign Office
confidential print under the heading of "Opium", Section
1 of the 10th August.
6. In Kwangtung and Kwangsi all trade in opium is, I
understand, theoretically prohibited, but actually the drug,
under the name of "anti opium medicine" is the subject of a
monopoly, and heavy penalties are inflicted for smuggling.
If the members of the combine to which Your Excellency
refers, are the Chinese superoargoes who committed the
offence in Chinese waters, I suggest that you should let me
know their names and I will ask the Canton Government to apply
for their extradition. As regards the gang who directed operations from Hongkong, I trust it will not be impossible to frame a charge against them under the laws of the Colony.
I have eto.
(Sgd) J.F.Brenan.
Acting Consul-Aeneral