CO885-(21-23) — Page 344

ཀ།། །

PUBLIC RECORD OFFICE

Reference :-

mnimum C.O. 885

22 PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE COPYRIGHT PHOTOGRAPH-NOT TO BE REPRODUCED PHOTOGRAPHIC-,

Seizure of prepared opiam or opium.

+

Procedure.

Protection of

officers from actious.

Accom- plices.

Governor

in Council

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search for any opium or prepared opium unlawfully kept therein, and to demand from the owner or occupier thereof the production of the authority for being in possession of the same.

When the officer or other person executing such warrant has reasonable cause to believe that any prepared opium or opium found by him in any such place, ship or vehicle, is being kept, conveyed, landed or sold in contravention of this Ordinance, he may seize and detain the same until the District Commissioner has decided whether the same is liable to be forfeited or not.

Proceedings in a District Commissioner's Court shall be commenced as soon as possible after the seizure.

12. Any person acting under the aforementioned warrant shall not be liable to any suit for seizing or detaining any prepared opium or opium.

14.

13. Whoever attempts to commit or aids or abets in the commission of any offence against this Ordinance may be dealt with in the same way, and shall be liable in the same penalty, as if he were charged with the actual offence.

It shall be lawful for the Governor in Council to make such rules as he may make may consider expedient for the regulation of the importation, landing, storage, withdrawal, or conveyance of any opium imported into this Colony and any person contravening the same shall, on summary conviction before a District Commissioner, be liable for every offence to a penalty not exceeding five pounds, or to imprisonment, with or without hard labour, for a period not exceeding one month.

rules.

Recovery of penalties.

15. All penalties incurred under this Ordinance may be recovered before a District Commissioner, for which purpose every District Commissioner shall have jurisdiction to the extent of the said penalties.

YOUR HONOUR,

Enclosure 2 in No. 28.

MEMORANDUM BY THE ATTORNEY-GENERAL,

I HAVE the honour to submit a draft of an Ordinance which would, I think, be sufficient to render effective in this Colony the measures decided upon in the International Opium Convention.

2. The Ordinance is drafted somewhat on the lines of Ordinance No. 3 of 1892 (The Firearms, Ammunition, and Gunpowder Ordinance, 1892).

3. I have conferred with the Comptroller of Customs in preparing the draft, and he concurs in it so far as his Department is concerned.

4.

Clause 2 contains the definitions which are set out under Chapters I., II., and III. of the International Opium Convention. "Similar drugs" is defined so as to include all preparations set out under Article XIV. (b), (c), (d). I have for convenience added a definition of the word "opium" used in a generic sense, and also a definition of "store."

Clause 3.-See Article 7.

Clause 4.-Importation only by sea, Article 11. Clause 5.-Confer Section 3 (1) of Ordinance No. 3 of 1992 (The Firearms,

Ammunition, and Gunpowder Ordinance, 1892). Clause 6.--Confer Section 6 of Ordinance No. 3 of 1892 (The Firearms,

Ammunition, and Gunpowder Ordinance, 1892). Clause 7.-Issue of opium to be controlled by the Medical Officers at the

ports.

Clause 8-Article V.-The sale of opium by druggists is regulated by

Ordinance No. 14 of 1892 (The Druggists Ordinance, 1892). Clause 9.-Confer Section 17 of Ordinance No. 3 of 1992 (The Firearms,

Ammunition, and Gunpowder Ordinance, 1892).

Clause 10.-Penalty clause.

Clause 11.-Confer Section 18 of Ordinance No. 3 of 1892.

Clause 12,--Confer Section 19 of Ordinance 3 of 1892. Clause 13.-Confer Section 20 of Ordinance 3 of 1892. Clause 14.-Confer Section 21 of Ordinance 3 of 1892. Clause 15. Confer Section 10 of Ordinance 4 of 1892 (The Firearms, Ammunition, and Gunpowder Ordinance (Supplementary), 1892).

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5. There is no manufacture of opium in this Colony, and consequently no export trade in opium. Re-exportation of opium could be prevented by the control exercised on the import thereof by such an enactment as I have indicated.

6. Rules should be made under Section 14 providing, among other things, for the legible marking on the outer wrapper of all packages containing opium.

7. The articles of the Convention are covered by the draft as follows:--

Article 1.-There is no production of opium in this Colony; the draft

provides for its distribution. Article 2. See Clause 4 of draft Ordinance. Article 3.-No export of opium.

Article 4.-By rules.

Article 5.See Clause 8.

Article 6.-No manufacture of opium.

Article 7.---See Clause 3.

Article 8.-No export.

Article 9. -Sale of opium is regulated by the Druggists Ordinance.

Article 10.-No manufacture: distribution is regularized by Druggists

Ordinance.

Article 11-Druggists Ordinance.

Article 12.--See Clause 8.

Article 13.-No export.

Article 14.-See definition.

Articles 15-19.-Do not concern this Colony.

Article 20. See Clause 9.

Articles 21-25.-Executive matters.

6 May, 1912.

15833

SIR,

No. 29.

ARTHUR HUDSON,

Attorney-General.

COLONIAL OFFICE to BRITISH NORTH BORNEO COMPANY.

Downing Street, 31 May, 1912.

I AM directed by Mr. Secretary Harcourt to acknowledge the receipt of your letter of the 22nd May,* and to request you to inform the Court of Directors of the British North Borneo Company that he has learnt with much satisfaction that they are now in a position to agree to the International Opium Convention being signed on behalf of the State of North Borneo.

17213

SIR,

No. 30.

I am, &c.,

H. J. READ,

for the Under-Secretary of State.

FOREIGN OFFICE to COLONIAL OFFICE.

(Received June 4, 1912.)

[Answered by L.F. transmitting copy of No. 40.7

Foreign Office, June 3, 1912.

I AM directed by Secretary Sir E. Grey to acknowledge the receipt of your letter of the 22nd ultimo (14120), respecting the proposed accession of Canada to the International Opium Convention, signed at the Hague January 23rd last, and to state, for the information of Mr. Secretary Harcourt, that due note has been taken of the wishes of the Government of the Dominion in the matter.

With regard to the enquiry made as to the Act (May 19th, 1911) of the Parlia ment of Canada, a copy of which is enclosed in your letter, I am to suggest that the Canadian Government might perhaps consider whether the provisions of

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• No. 26.

† No. 25.

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