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CO882 & CO885 Colonial Office Confidential Prints 理藩院機密印刊 All

PUBLIC RECORD OFFICE

Reference :-

mwimmin C.O. 885

22 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

90

2. I suggest that the legislation referred to in the second paragraph of Sir Henry May's despatch, No. 115, of the 9th May last* may be deferred for the present.

I have, &c.,

BICKHAM ESCOTT,

High Commissioner.

Enclosure in No. 124.

MINUTE BY THE CHIEF JUDICIAL COMMISSIONER.

HIS EXCELLENCY THE HIGH COMMISSIONER,

M.P. 920/1912 was, as Your Excellency will see, referred to me by Sir Henry May for the preparation of a regulation relating to the use of opium and similar drugs in the Solomon and Gilbert and Ellice Protectorates. Sir Henry May at the same time intimated to the Secretary of State that he would address the Resident Commissioners in the New Hebrides and Tonga on the subject; but that step does not appear to have heen yet taken.

2. I am not able to undertake the draft regulation at present, having other more important matters in hand, and it is for Your Excellency to decide whether, considering that there are no opium consumers in any of the territories in the High Commission, a regulation need be enacted at all.

3. Meanwhile the answer to the Secretary of State's circular despatch of 16th May may be, I submit, that there are no laws, proclamations, rules or other statutory provisions in force relative to the matters referred to in the Convention. 23 September, 1912.

34296

(No. 194.) SIR,

No. 125.

GIBRALTAR.

THE GOVERNOR to THE SECRETARY OF STATE. (Received 30 October, 1912.)

[Answered by No. 132.]

C. M.

Gibraltar, 23rd October, 1912.

In accordance with the instructions conveyed in your despatch, No. 133, of the 9th instant. I have the honour to transmit, for your consideration, the draft of an Ordinance to give effect to the provisions of the International Opium Convention.

2. The Attorney-General's report on the draft Ordinance is forwarded, as required by paragraph 182 of the Regulations for His Majesty's Colonial Service.

I have, &c.,

ARCHIBALD HUNTER,

General and Governor.

Enclosure 1 in No. 125.

ATTORNEY-GENERAL to COLONIAL SECRETARY.

Colonial SecRETARY,

Attorney-General's Chambers,

Gibraltar, October 22nd, 1912.

I FORWARD herewith the Draft Opium Ordinance prepared in accordance with the directions of the Secretary of State (despatch No. 133 of October 9th, 1912).+

Section 5 makes the Queen's Stores the only place of deposit permitted for opium, as in the case of alcoholic liquors under the Revenue Ordinance.

• No. 36.

† No. 113,

91

Section 6 provides that removal can only take place by leave of the Collector, who is the officer in charge of those stores. The permits to withdraw are limited to persons authorised to practise niedicine and pharmacy; dentists are not included, as no legal qualification for dentists exists in Gibraltar, and they range accordingly by gradations from the barber to the high-class English or American dentist.

Section 9 provides a punishment of twelve months' imprisonment as in the Gold Coast. Six months' imprisonment is the more usual maximum here for a court of summary jurisdiction, and I would suggest that it would be sufficient to meet the case in this Ordinance, unless it is desired that the penalties in the Colonies should be uniform.

Section 14 has been added, saving naval and military supplies of opium from the operation of the Ordinance, in view of the exceptional position of Gibraltar with regard to those services.

B. FRERE,

Enclosure 2 in No. 125.

DRAFT.

Attorney-General.

AN ORDINANCE to give effect to the measures decided upon in the International Opium Convention signed at the Hague on the 23rd day of January, 1912, and to regulate the importation into and the storage and disposal of Opium, Morphine, Cocaine, and similar drugs in Gibraltar.

Be it enacted by His Excellency the Governor of the City and Garrison of Gibraltar as follows:-

1.

This Ordinance may be cited as The Opium Ordinance, Gibraltar, 1912." Short title. ດ In this Ordinance the following words and expressions have the meanings Interpre- hereinafter respectively assigned to them;

Raw Opium" means the spontaneously coagulated juice obtained from the capsules of the Papaver somniferum, which has only been submitted to the necessary manipulations for packing and transport.

Prepared opium means the product of raw opium, obtained by a series of special operations, especially by dissolving, boiling, roasting, and fermentation, designed to transform it into an extract suitable for consumption, and includes dross and all other residues remaining when opium has been smoked.

**

Medicinal opium" means raw opium which has been heated to 60° centi- grade and contains not less than ten per cent, of morphine, whether or not it be powdered or granulated or mixed with indifferent materials.

Morphine means the principal alkaloid of opium, having the chemical formula C,,H,,NO,

L

"Heroine" means the diacetyl morphine, having the formula CIÑO....

Cocaine"

means the principal alkaloid of the leaves of Erythrorylon Cora, having the formula C1INO.

Similar drugs "includes--

() all preparations, whether officinal or non-officinal, as well as the so-called anti-opium remedies, which contain more than 02 per cent, of morphine or more than 0 1 per cent, of cocaine;

(b) heroine, its salts and preparations, containing more than 1 per cent.

of heroine:

(c) all new derivatives of morphine, of cocaine, or of their respective salts, and every other alkaloid of opium which has been demonstrated by scientific research to be liable to similar abuse, and in its abuse pro- ductive of like ill effects.

Opium," when used without any qualifying epithet, shall be taken to include raw opium,

medicinal opium,“ “ morphine,“ “heroine,” “ cocaine,” and “similar

drugs."

3. No person shall import any prepared opium into Gibraltar.

tation.

Importation

4. No person shall import any opium into Gibraltar except by landing it at of opin by the public quay at Waterport.

of prepared opiam for. bidden. Importation

Waterport

only.

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