CO882-(4-5) — Page 522

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PUBLIC RECORD OFFICE

Reference :-

C.O. 882

5 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

Opium.

Raw opiam. Prepared opium.

84

the new territory. Of course, care will have to be taken in the new Ordinance in de- fining "waters of the Colony" (compare section 2 of 28 of 1891).

The Opium Ordinances.

These may be divided into two classes:--

(a) Those dealing with raw opium and the trade in, and import of, raw opium, viz., 22 of 1887, and its amending Ordinance, No. 22 of 1891.

I

(b) Those regulating the preparation of opium for smoking, dealing with prepared opium, and authorizing the grant of an opium farm or monopoly of boiling opium and selling, within the Colony, opium so prepared and dross opium, viz., 21 of 1891 (which repealed previous Ordinances 1 of 1884 and 17 of 1886), and its amending Ordinances 4 of 1894, 15 of 1897 (dealing with opium divans), and 1 of 1898. As regards class (a), the law prohibits any person from " bringing into the Colony or the waters thereof, or re- ceiving therein" any "loose" opium, that is to say, raw opium found or discovered otherwise than in a chest full of one quality of raw opium," and deals with the possession of loose opium. The legislation is aimed at regulating the raw opium trade.

As regards class (b), these Ordinances protect the opium farmer who pays a revenue to the Government under his contract or farm. This system has various advan- tages in preventing smuggling. But the point here for our present consideration is that the farmer's grant or contract was only intended to extend to the limits of the Colony as constituted when the contract was made. If an extension is made to the Colony, the farm, if extended, ought to produce more rent, although possibly the opium farmer would not have the means of protecting himself in the new territories. A clause in the Ordinance might prevent difficulties in the case of contracts made before the new ex- tension took effect, by explaining that "Colony" in a grant or contract meant "Colony at the date of the contract.”

It will, I think, be necessary if Chinese jurisdiction is to cease in the new territories as regards opium, to have some regulations in force to prevent the evils against which the Hong Kong Ordinances are directed. I cannot in this memorandum do full justice to the opium question, and I understand the matter is at present under the consideration of the Secretary of State. But, assuming proper regulations are made as regards the new territories, I presume the Hong Kong Opium Ordinances will not for the present be extended, and that their operation will be confined to the Colony as it existed when they were passed.

Ordinance 17 of 1887 (cattle diseases, slaughter-houses, and markets), as amended by Ordinance 23 of 1890, Ordinance 12 of 1894, Ordinance 17 of 1895, 25 of 1895.

Possibly difficulties might arise if this Ordinance were extended to the new terri- tories, e.g., the provision of section 12, and it should be made clear that the lessee under section 10 has no sole privilege of slaughtering as regards those territories and the bye- laws as to landing cattle imported, at certain places only, might operate harshly unless amended.

I would suggest, therefore, excluding, for the present, the operation of this Ordi- nance and most of the amending Ordinances, but I see no reason why sections 4 and 5 of Ordinance 23 of 1890 should not be extended to the new territories, for it is expedient to provide against the sale and importation of unwholesome food even if it proves difficult to enforce such provision.

12. I have annexed to this Memorandum a draft Ordinance, with a schedule of excluded enactments. It is possible that some other Ordinances should be added to the schedule, but I was unwilling to suggest excluding any laws in force in Hong Hong, unless it is absolutely necessary so to do. The Sanitary Board might be consulted as to whether any and what portions of the Public Health Ordinances should be added to the schedule, or whether the application of any Bye-laws unsuited to the extension might not be limited to the Colony as it existed when they were made.

13. In conclusion, I can only hope this Memorandum and Draft Bill may be of some use in assisting the Governor and Legislative Council in finally deciding what legislation shall be excluded from the new territories.

I have, &c.,

W. MEIGH GOODMAN.

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Enclosure in No. 51.

A BILL entitled an Ordinance to exempt the territories comprised in the recent exten- sion of the Colony of Hong Kong from the operation of certain laws, and for other purposes.

Whereas by a Convention dated the 9th day of June, 1898, between Her Majesty Preamble. and his Imperial Majesty the Emperor of China, it was provided that the limits of British territory in the regions adjacent to the Colony of Hong Kong should be enlarged under lease to Her Majesty in the manner described in the said Convention,

And whereas, by an Order of Her Majesty in Council, dated the 20th day of October, 1898, it was ordered that the territories within the limits and for the term described in the said Convention should be, and the same were thereby declared to be, part and parcel of Her Majesty's Colony of Hong Kong in like manner and for all intents and purposes as if they had originally formed part of the said Colony; and it was further ordered that it should be competent for the Governor of Hong Kong, by and with the advice and consent of the Legislative Council of the said Colony, to make laws for the peace, order, and good government of the said territories as part of the Colony; and it was further ordered that from a date to be fixed by Proclamation of the Governor of Hong Kong all laws and Ordinances which should at such date be in force in the Colony should take effect in the said territories, and should remain in force therein until the same should have been altered or repealed by Her Majesty or by the Governor of Hong Kong by and with the advice or consent of the Legislative Council.

And whereas the date so fixed by the proclamation of the Governor in pursuance of the said Order was the

189 day of

and the said laws and ordinances accordingly then so took effect, and are now in force.

And whereas it is expedient to exempt the said territories from the operation of certain of the said Ordinances or parts thereof, and to prevent doubts as to the effect of the extension of the Colony upon existing grants, farms, and contracts:

2

Be it enacted by the Governor of Hong Kong, by and with the advice and consent

of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited for all purposes as the Hong Kong Extension Short title. Exemption Ordinance.

2. In this Ordinance the expression "New Territories" means the territories. Interpre- acquired under the Convention of the 9th day of June, 1898, in the preamble to this tation. Ordinance referred to.

Certain

3. The Ordinances specified in the Schedule to this Ordinance shall, to the extent Ordinances set forth in the third column of such Schedule respectively, not apply to the new terri- nottopply tories unless and until the Governor shall by Order in Council notified in the "Gazette " territory. otherwise direct.

to the new

Meaning of

as "the

4. Where, in any existing grant of any right or privilege or farm or in any existing expres contract, the expression "the Colony" or the word "Hong Kong" or any similar ex- sions such pression referring to geographical limits or extent in relation to the Colony of Hong Colony "in Kong occurs the same shall, unless the context otherwise requires, or it is otherwise existing expressly provided, be taken to apply only to the territory within the limits of the grants and Colony at the time such grant or contract was made.

Number of Ordinance and Year.

No. 17 of 1887

No. 23 of 1890

No. 12 of 1894

No. 17 of 1895

SCHEDULE.

Title or Short Title.

}

The Cattle Diseases, Slaughter-houses, and

Markets Ordinance, 1887.

An Ordinance to amend The Cattle Diseases, Slaughter-houses, and Markets Ordinance,

1887.

Extent of Non-applica- tion.

The whole.

The whole, except Sec-

tioba 4 and 5.

An Ordinance to amend The Cattle Diseases, The whole.*

Slaughter-houses, and Markets Ordinance,

1887.

An Ordinance to amend Ordinance No. 17 of

1887.

The whole.

contracts.

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