623
4609/25.
92
No. 75.
FOREIGN OFFICE to MR. LONDON (GENEVA).
(Sent 5.15 p.m., 30th January, 1925.)
TELEGRAM.
(Copy received in Colonial Office, 5th February, 1925.)
No. 12. FOLLOWING for Lord Cecil.
Statement of policy enclosed in your private letter of 25th January* seems to us
excellent.
I have only two criticisms :-
(1) We must emphasize that the Commission of Inquiry and above all its Chairman are to be strictly impartial. You should add to paragraph 5 words safeguarding this point.
(2) In the second sentence of paragraph 4 Colonial Office wish the following to
smuggling be substituted for the word "
(i.e., for the second occurrence of that word in the paragraph) "the production of opium which would be available for smuggling into other countries.""
7787/25.
No. 76.
HONG KONG.
93
and to prevent the supply of opium to new immigrants, in so far as these steps may not have already been taken at that date."
5. This provision was designed partly as a means of restricting the consumption of prepared opium during the period of fifteen years allowed under Article 2 of the Protocol for the complete suppression of the use of prepared opium and partly as a guarantee that the number of habitual addicts whose case will fall to be dealt with at the end of the period of fifteen years, under Article 5 of the Protocol, will be reduced to a minimum. It was felt that in the absence of some such provision Article 5 of the Protocol would have been open to the criticism that it provides a loophole for the signatory States to continue to derive considerable revenues by the supply of prepared opium to certified addicts after the end of the period of fifteen years. trust it will be possible to carry out this policy in Hong Kong at the beginning of the period of fifteen years.
G.
Immediate steps should be taken to give legislative effect to such provisions
"
I
of the Agreement as require it and are not already covered by existing legislation in order that His Majesty's Government may be in a position to ratify the Agreement at the earliest possible date; and I should be glad to be furnished with a memorandum, in due course, indicating the action taken and contemplated in regard to each article of the Agreement. In this connexion you will observe that a number of the Articles "all possible steps.' "as much of the Agreement are qualified by such phrases as as possible," and a good deal of criticism has been directed against the Agreement on the ground of the vagueness of these provisions. It is the desire of His Majesty's Government that the steps taken to give effect to the Agreement shall demonstrate the serious intention of the Colonial Governments to carry out to the utmost the policy laid down in the Articles in question.
I have, &c.
(for the Secretary of State),
THE SECRETARY OF STATE to THE GOVERNOR.
(No. 105.) SIR,
Downing Street, 24th March, 1925. I HAVE the honour to transmit to you the accompanying copies of the Agree- ment with the Protocol and Final Act of the First Opium Conference which were signed at Geneva on the 11th of February by the Delegates of the Powers represented at the Conference (except by the Delegate of China).
2. You will observe that these documents do not include any provision for excluding from the operation of the Agreement or the Protocol any possessions or dependencies of the Contracting Powers in which the use of prepared opium is tem- porarily authorized in accordance with the terms of Chapter II of the International Opium Convention, 1912, other than territories over which they may exercise only a protectorate, and they will therefore be binding on the Government of Hong Kong if and when ratified by His Majesty.
3. In regard to the declarations contained in the Preamble to the Agreement and in Article I of the Protocol it is, I think, hardly necessary for me to remind you that while it is recognised that, in existing circumstances, it is impossible to assign a definite date by which final suppression of the use of prepared opium can be achieved, it is the earnest desire of His Majesty's Government that all steps practicable in the circumstances should continue to be taken to give the fullest possible effect to the obligations assumed under Article 6 of The Hague Convention. It will, of course, be understood that in so far as the provisions of the Agreement fall short of the existing practice in the Colony or the policy already decided upon for the Colony, it is not intended that such practice or policy should be modified. I have noted with satis- faction from the report which formed the enclosure to your despatch No. 276 of the 24th of July, that arrangements had already been made to eliminate the element of private profit from the retail sale of prepared opium, and I am confident that you are fully alive to the importance of neglecting no opportunity of strengthening the measures of control over the use of prepared opium, with a view to its ultimate suppression when circumstances admit.
4. In this connexion I have to inform you that the draft Protocol originally submitted to the Conference by the British Delegation contained the following provision
The steps to be taken (at the beginning of the period of fifteen years referred to in Article 2 of the Protocol) shall include the necessary measures to prevent the use of prepared opium being adopted by persons not already smokers,
+ Not reprinted.
38126/24: not printed.
* No. 74.
7787/25.
No. 77.
STRATTS SETTLEMENTS.
W. G. ORMSBY GORE.
THE SECRETARY OF STATE to THE GOVERNOR.
(No. 110.)
SIR,
Downing Street, 24th March, 1925 I HAVE the honour to transmit to you the accompanying copies of the Agree- * with the Protocol and Final Act of the First Opium Conference which were signed at Geneva on the 11th of February by the Delegates of the Powers represented at the Conference (except by the Delegate of China).
ment,
2. You will observe that these documents do not include any provision for excluding from the operation of the Agreement or the Protocol any possessions or dependencies of the Contracting Powers in which the use of prepared opium is tem- porarily authorized in accordance with the terms of Chapter II of the International Opium Convention, 1912, other than territories over which they may exercise only & protectorate, and they will therefore be binding on the Government of the Straits Settlements if and when ratified by His Majesty. Territories under His Majesty's protection may be excluded from the operation of the Agreement under Article XIII of that document; and from the Protocol, by virtue of the declaration made by the British Delegate and recorded in the Final Act.
3. The terms of the Agreement itself do not involve any important departure from the policy already adopted in the Malay States but non-exclusion from the operation of the Protocol will involve the assumption by them of a definite obligation in advance of that already assumed under Article 6 of The Hague Convention. I need hardly say that His Majesty's Government regard it as a matter of great importance that the Governments of all States under British protection, which are concerned should consent to assume this obligation. I have accordingly to request that you will endeavour, as soon as possible, to obtain the consent of the Rulers of the Federated Malav States. Johore. Kedah, Perlis. Trengganu. Kelantan, and Brunei, and also of
*Not reprinted.
PUBLIC RECORD OFFICE
Reference :-
TELEC.O. 882/11
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO