CO885-(21-23) — Page 395

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PUBLIC RECORD OFFICE

Reference :-

C.O. 885

22 PUBLIC RECORD OFFICE, LONDON

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

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10. Section 3 (h) limits the amount of prepared opium which the opium farmer may sell without written permission of the Superintendent to any person other than his licensees to 5 taels; similarly limits the amount which a licensee of the farmer may sell to any person, and also similarly limits the amount of prepared opium which a person other than the farmer or his licensee may have in his possession."

11. Section 3 (i) repeals Section 36 of the old Opium Ordinance, 1909, and substitutes a new section by which the exportation of prepared or dross opium is prohibited without the Superintendent's permission, safe-guarding, however, the use by a passenger of a moderate amount for his personal consumption. The object of this section was to avoid a difficulty which arose owing to a decision of the Supreme Court. to the effect that a prosecution in respect of illegally exporting opium could not be successful unless the place of destination was clearly proved; a fact which, however, the circumstances connected with the smuggling rendered it frequently impossible to indicate.

12. Section 3 (j) repeals Section 37 of the old Opium Ordinance, 1909, and prohibits the Superintendent from issuing permits for export of prepared or dross opium to any country where the import of such opium is prohibited, and making it an offence for any person to export such opium to any such country, safe-guarding the provisions, however, by an allowance for the personal consumption of passengers. and by prescribing that a list of the prohibition countries shall be publicly notified in the Gazette.

13. Section 3 (4) increases the penalties applicable under Section 51 of the old Opium Ordinance, 1909, which deals with the illegal importation, manufacture, or dealing in morphia or other compound of opium.

14. Section 3 (1) similarly increases the penalty in the case of contravention of Section 53 of the old Opium Ordinance, 1909, which dealt with the importation for export of morphine or other opium compounds.

15. Section 3 (m) repeals Section 59 of the old Opium Ordinance, 1909, and enacts it in a slightly different form, providing for the appointment by the Governor of such agents of the opium farmer as he (the Governor) may approve, or other persons similarly approved as Excise Officers under the Ordinance, and providing that security for the integrity of such persons appointed who are the opium farmer's agents may be required by the Governor.

16. Section 3 (n) adds "Revenue Officers" to Police and Excise Officers, who have power under Sections 67, 68, and 69 of the old Opium Ordinance, 1909, to arrest persons suspected of conveying or having in their possession opium in con- travention of the Ordinance, and to search on reasonable suspicion ships or other places where it is thought that opium is illegally concealed.

17. Section 3 (0) alters Section 73 of the old Opium Ordinance, 1909, so far as the destination of forfeited opium is concerned; under the new provisions, in some cases forfeited opium may be adjudged to the opium farmer, whilst in others it is forfeited to the Crown.

18. Section 3 (p) increases the penalty contained in Section 76 of the old Opium Ordinance, 1909, which dealt with the secret concealment of opium on a ship; it also makes a slight formal amendment consequential upon the re-arrange- ments enacted as to forfeiture in Section 3 (0).

19. Section 3 (g) makes a formal amendment consequential upon the re-arrange- ments as to forfeiture referred to above.

20. Section 3 (r) alters the provisions of Section 78 of the old Opium Ordi- nance under which it was provided that forfeited opium shall not be sold in the Colony except to the opium farmer during the currency of the lease at the time of such forfeiture. The new arrangement provides that any opium forfeited to the Crown, other than raw opium, shall not be sold in the Colony except to the opium farmer during the currency of his lease existing at the time of such forfeiture, and that no raw opium shall be sold in the Colony except for export or to the opium farmer during the similar period.

21. Section 3 (s) increases the penalties provided in Section 84 of the old Opium Ordinance, 1909, which dealt with punishment for offences not specifically provided for in the Ordinance.

22. Section 3 (t) makes some formal amendments consequential upon the rearrangement as to forfeiture of opium indicated above.

23. Section 3 (u) makes the necessary amendment in the forms consequential upon the new Sections 3 (c), (d), and (e).

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24. Section 4 of the Ordinance amends the Opium Amendment Ordinance, 1910, firstly, by adding a penal section with increased penalties to Section 3 of that Ordinance, which dealt with the illegal possession of morphine or compounds of opium, and secondly, repeals Section 4 of that Ordinance, which dealt with the allowance to passengers of a moderate quantity of opium for personal consumption ou board ship, and which is now provided for in Sections 3 (i) and 3 (j) of the new Ordinance.

25.

In my opinion this is an Ordinance to which His Excellency the Governor may properly assent in the name of His Majesty and on his behalf.

March 6th, 1913.

8749

(No. 15.)

SIR,

No. 160.

ST. HELENA.

JOHN A. BUCKNILL,

Attorney-General.

THE SECRETARY OF STATE to THE GOVERNOR. [Answered by No. 174.]

Downing Street, 28th April, 1913.

I HAVE the honour to acknowledge the receipt of your despatch, No. 11, of the 4th February,* submitting for the signification of His Majesty's pleasure Ordinance No. 1 of 1913, entitled "The Opium Ordinance, 1913.”

2. I am advised that the form of this Ordinance is not altogether satisfactory

as regards the scope either of its prohibitions or its penalties. I have, therefore, to request that an Ordinance may be passed based upon the accompanying model draft, and repealing the Ordinance submitted in your despatch under acknowledgment.

You will observe that the model, for the sake of brevity, does not exempt

3.

the Colonial Surgeon from the obligation to obtain a licence.

4.

The draft Ordinance should be enacted as it stands, but, if you think it desirable to confine the power of convicting under the Ordinance to the Police Magis- trate, you may omit the words "or any two Justices of the Peace" in Sections ÏV. and VII.

Enclosure in No. 160.

DRAFT ORDINANCE.

I have, &c.,

L. HARCOURT.

I. This Ordinance may be cited as "The Opium Ordinance, 1913." II. The Opium Ordinance, 1912, is hereby repealed.

III. In this Ordinance opium means and includes the Papaver somniferum

and any part thereof and any product or preparation alkaloid or derivative of the same or of any part thereof and any product or preparation of any such alkaloid or derivative which has been demonstrated by scientific research to be liable to similar abuse and in its abuse productive of like ill-effect.

IV. It shall not be lawful for any person to import into the Colony or to grow or have in his possession or sell or offer for sale any opium unless he shall have been duly authorised by licence under the hand of the Governor. Any such licence may be granted subject to such conditions and restrictions as the Governor may think proper.

Any person contravening the provisions of this section or of any licence granted to him as aforesaid shall be liable on summary conviction before a Police Magistrate or any two Justices of the Peace to a penalty not exceeding one hundred pounds or to imprisonment with or without hard labour for any period not exceeding twelve months and any opium in respect of which such contravention shall have taken place shall be forfeited to His Majesty.

• No. 152.