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Summary.
General.
Geneva Art. 1 (1).
Geneva Art. 1 (2).
Geneva Art. 1 (3),
Geneva Art. 2.
Geneva
Art. 3.
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During the year 1928 there were treated in Government and Chinese hospitals in the Colony only 120 persons suffering from chronic poisoning from organic sub- stances including opium and morphine.
12. The position generally may perhaps be summarised by saying that the sales of Government opium have in recent years shown a substantial diminution and are now almost at their lowest ebb.
It is believed that if there were a complete cessation of the sale of Govern- ment opium or if such sales were curtailed to any extent, this would merely be met by a more extensive smuggling of opium which would prove impossible to control however much the force of revenue officers might be increased, and the difficulties of the present position would be aggravated and all control be lost.
Opium cannot be kept out of the Colony so long as unlimited supplies are available in China, and it is believed that the control on consumption is as effective as it can possibly be made in the extraordinarily difficult circumstances which pre- vail.
The population in general does not appear to suffer to any marked extent from its use of opium.
Part II.
THE MEASURES TAKEN BY THE GOVERNMENT OF HONG KONG TO GIVE EFFECT TO THE OBLIGATIONS UNDERTAKEN IN CHAPTER II OF THE HAGUE OPIUM CONVENTION OF 1912 AND IN THE GENEVA
OPIUM AGREEMENT OF FEBRUARY 1925.
1. The measures taken by the Government of Hong Kong to give effect to the above mentioned obligations are, in the belief of the Government, the best which can be adopted until, in the words of Article II of the Protocol to the Geneva Agree- ment, "the poppy-growing countries have ensured the effective execution of the necessary measures to prevent the exportation of raw opium from their territories from constituting a serious obstacle to the reduction of consumption in the countries where the use of prepared opium is temporarily authorised".
There is no poppy-growing within the territory of the Colony.
2. The importation, sale and distribution of opium is a monopoly of the Government and the right to import, sel or distribute opium is not leased, accorded or delegated to any persons whatsoever, save as regards the retail distribution here- after mentioned.
3. The right of preparing opium for sale is also a Government monopoly.
4. Sales of Government opium are permitted to be made only by persons licensed by the Government, who are paid fixed salaries and receive no commission on sales.
5. Sale of opium to minors is prohibited by Regulation made by the Governor in Council on the 28th September, 1925.
6. The keeping of opium divans and the smoking of opium therein is prohi- bited by section 15 of the Opium Ordinance, 1923, and, though the enforcement of the provisions of this section has been somewhat relaxed for reasons stated elsewhere in this memorandum, drastic action would be taken if it became known to the au- thorities that any minor frequented a divan.
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Geneva
7. Though there is a great demand for licences to sell Government Opium the number of retail shops licensed for the whole Colony is now seventy, these being dis- Art. 4. tributed as under
Kowloon Urban area
The island of Hong Kong
New Territory and country districts
30
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8. The purchase and sale of "dross", otherwise than by the Government Geneva monopoly, is prohibited by Regulation made by the Governor in Council on the 28th Art. 5. September, 1925.
9. The export of raw opium from and its transit through or trans-shipment in Geneva the Colony is governed by the provisions of section 4 of the Opium Ordinance, 1923, Art. 6. as amended by Ordinance No. 7 of 1924, and sub-section 4 of that section calls for the production of an import certificate, issued by the Government of the importing country, as required by Article 6 (3) of the Geneva Convention.
In the case of opium destined for Macao a further precaution is provided in the prohibition of issue of the export permit without the express authority of the Governor.
Section 20 of the Opium Ordinance, 1923, totally prohibits the export of prepared opium, save as to a small quantity in the personal possession of a passen- ger which is allowed for his consumption during the voyage.
10. The use of opium is denounced in the schools of the Colony and pupils Geneva are warned against it.
In view of the illiteracy of the labouring classes the Government considers that there would be little to be gained by the dissemination of admonitory literature.
Art. 7.
11. The Government has always been willing to give its utmost assistance to Geneva other Governments in the suppression of illicit traffic and, when consulted, has gladly Art. 9. given all available information.
12. By section 38 (1) of the Opium Ordinance, 1923, every person who in Geneva the Colony aids, abets, counsels or procures the commission in any place outside the Art. 9. Colony of any offence punishable under the provisions of any corresponding law (vide definition in section 2 (2)) in force in that place or does any act preparatory to, or in furtherance of, any act (wherever to be committed) which if committed in the Colony would constitute an offence against the Ordinance is made guilty of an offence against the Ordinance and is punishable accordingly.
13. The penalties imposed by the Opium Ordinance for the more serious in- Penalties. fringements of the law are exceedingly drastic.
Fines can for certain offences be imposed up to $5,000.00 coupled with im- prisonment for one year, and, where specific penalties are not imposed for breaches of particular sections, a fine of $2,000.00 or ten times the value of the opium seized, whichever fine may be greater, can be imposed in addition to imprisonment. Under these provisions fines up to $50,000.00 have been imposed and a fine
of $10,000.00 is not unusual.
The Government, moreover, in suitable cases, exercises its powers in that be- half and banishes offenders. 666 persons were banished in 1927 for offences rela- tive to opium.
14. A good grade of opium is sold by the Government at the very high price Frice. of $14.50 per tael and severe penalties are visited on all those who are found to be trafficking in or using other opium.
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