CO885-(21-23) — Page 381

PUBLIC RECORD OFFICE

Reference :-

JLT CO. 885

22 PUBLIC RECORD OFFICE, LONDON

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

Opium to be

deposited in

Queen's Stores. Collector

only to

authorise withdrawal, and only to Doctors, &c.

Cultivation of

opium poppy forbidden.

Opium not to be kept

without authority.

Penalty.

Search

warrant.

Seizure.

Protection of persons

92

5. All opium imported into Gibraltar shall be deposited, at the cost, risk, and peril of the importer, in the Queen's Stores.

6. No opium shall be delivered or withdrawn from the Queen's Stores except on the written authority of the Collector, and no such authority shall be given except to persons entitled to practise medicine or surgery in Gibraltar, or to regis. tered dispensers of medicines or drugs who carry on their business in Gibraltar.

7. No person shall cultivate the plant Papaver somniferum, commonly known as the opium poppy.

8. Where any opium imported into Gibraltar is, without the proper authority, found in the possession of any person or kept in a place other than Queen's Stores, such person or the occupier of such place, unless he can prove that the same was deposited there without his knowledge or consent, and also the owner of, or other person guilty of keeping, the opium shall be guilty of an offence.

9. Any person contravening the provisions of any of the preceding sections shall, on summary conviction, be liable to a penalty not exceeding one hundred pounds, or to imprisonment, with or without hard labour, for a period not exceeding twelve calendar months, and the Court of Summary Jurisdiction may order that any prepared opium, or opium unlawfully imported or withdrawn from store, be forfeited to His Majesty.

10. It shall be lawful for a Justice of the Peace, if satisfied by information on oath that any opium or prepared opium is being unlawfully kept, conveyed, landed, or sold, in contravention of this Ordinance at any place, whether a building or not, or in any ship not being or having the status of a ship of war, or vehicle, to grant a warrant. to enter at any time, and if needs be by force, on Sundays as well as on any other days, the place, ship, or vehicle named in such warrant, and every part thereof, and to examine the same, and to search for any opium or pre- pared 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 constable 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 Court has decided whether the same is liable to be forfeited or not.

Proceedings before the Court shall be commenced as soon as possible after the

seizure.

11. Any person acting under such warrant shall not be liable to any suit for acting under seizing or detaining any prepared opium or opium.

warrant.

Accom- plices.

Rules to be made by

12.

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.

13. The Governor may make rules for the regulation of the importation, landing, storage, withdrawal, or conveyance, of any opium imported into Gibraltar, the Gover- and any person contravening any of such rules shall be liable, on summary con- viction, to a penalty not exceeding five pounds, or to imprisonment with or without hard labour for a period not exceeding one month.

nor.

Opium may be introduced for use of Navy or Army.

Date of coming into

force of

Ordinance.

All such rules shall be published in the "Official Gazette," and from the date of such publication shall take effect as if enacted in this Ordinance.

14. The provisions of this Ordinance with regard to the introduction and keeping of opium shall not apply to opium introduced by the Naval or Military Authorities for use in the Naval or Military service.

15. This Ordinance shall come into force upon a date to be fixed by the Governor by proclamation published in the Official Gazette."

25858

SIR,

93

No. 126.

MAURITIUS.

THE SECRETARY OF STATE to THE GOVERNOR.

(No. 212.)

[Answered by No. 151.]

Downing Street, 30th October, 1912. I HAVE the honour to acknowledge the receipt of your despatch, No. 155, of the 11th of July, with regard to the legislation necessary to give effect to the provisions of the Hague Opium Convention.

2. I enclose a copy of a draft Ordinancet submitted by the Governor of the Gold Coast, which I have approved with certain amendments. It appears to me that this draft Ordinance would be suitable to the circumstances of Mauritius, and I should be glad if you would introduce it into the Council of Government with such formal alterations as local circumstances may require :-

3.

33040

SIR,

The amendments to which I have referred are:-

(1) In Section 11 the words" not being or having the status of a ship of war

should be inserted after the word " ship."

11

(2) A section should be added forbidding the cultivation of the opium poppy

(Papaver somniferum).

(3) In view of Article 24 of the Convention a section should be added to the effect that the Ordinance shall come into force on a day to be fixed by proclamation by the Governor. You will be informed in due course of the proper date.

No. 127.

I have, &c.,

L. HARCOURT.

COLONIAL OFFICE to FOREIGN OFFICE.

WITH reference to previous correspondence, I am directed by Mr. Secretary

Federated Malay States. Johore.

Brunei.

Kedah. Kelantan.

Perlis.

33040

SIR,

Trengganu. Sarawak.

Trinidad,

St. Helena. Falkland Islands. Jamaica.

Downing Street, 31 October, 1912.

Harcourt to request you to inform Secretary Sir Edward Grey that the Governments of the Colonies and protected States named in the margin have agreed to the Hague Opium Convention being signed on their

behalf.

I am, &c.,

H. J. READ,

No. 128.

for the Under-Secretary of State.

COLONIAL OFFICE to THE RAJAH OF SARAWAK.

Downing Street, 1 November, 1912.

I AM directed by Mr. Secretary Harcourt to inform Your Highness that he

has learnt from the British Agent for Borneo that you have agreed to the Hague Opium Convention being signed on behalf of Sarawak.

2. Mr. Harcourt desires me to state that His Majesty's Government highly appreciate Your Highness's willingness to meet their wishes in this matter.

I am, &c.,

H. J. READ,

for the Under Secretary of State.

• No. 95.

Enclosure in No. 28.

33040

94