Enclosure 5.
C. O.
13146 RECP 45
REGE 4 JUL 87
ORDINANCE FOR THE BETTER REGULATION OF THE TRADE IN OPIUM
DEBATE IN LEGISLATIVE COUNCIL, 23RD AND 27TH MAY, 1887.
Reprinted from Hongkong Daily Press.
His EXCELLENCY THE ACTING GOVERNOR, MAJOR-GENERAL CAMERON,
Hon. J. RUSSELL, Acting Chief Justice. Hon. F. STEWART, Acting Colonial Secretary. Hon. E.J.ACKROYD, Acting Attorney-General HON. A. LISTER, Colonial Treasurer. Hon. H. G. THOMSETт, Harbour Master. Hon. WONG SHING. Hon. A. P. MACEWEN.
Hon. J. BELL-IRVING.
Hon. C. P. CHATER.
Mr. A. SETH, Clerk of Councils.
THE OPIUM BILL.
A meeting of the Hongkong Legislative Council was held on the 23rd May, 1887. There were present :-
His EXCELLENCY--In now asking the Council to continue the consideration of the Opium Ordinance, I think it may, perhaps, be necessary to explain, with regard to the telegram I read the other day, the intentions of the Chinese Government, as they were, perhaps, not sufficiently explained in the telegram.
To sum up the matter as briefly as possible, the limitations that they wish to be imposed with regard to the export of opium in quantities less than one chest amount to this, that these smaller quantities can be exported to Canton by river steamer, or by any steamer having the privileges of a river steamer, and by junk to any port in China, Canton and all the other ports, but not by steamer to any port except Canton. I think it is necessary, perhaps, to offer that explanation.
If the Bill is read a second time, the Government propose to submit amended clauses which we think will satisfy the requirements of the Colony, as regards the counter-proposals that were made.
I think my hon. friend the Chief Justice wishes to make some remarks before we proceed.
The ACTING CHIEF JUSTICE-I should like to hear what is said first. If it is necessary I may make a few remarks.
The ACTING ATTORNEY-GENERAL-I beg, Sir, to renew my motion for the second reading of a Bill entitled an Ordinance for the better regulating of the trade in opium.
It will be in the remembrance of all the members of this Council that after I had made my original motion, some proposals were handed in to the Government against the bill. These proposals were submitted to the Chinese Government and they have been mainly accepted.
And therefore, I now move that we proceed with the Bill. I can inform hon. members that if this Bill is read a second time as it stands before the Council, the Government is ready to make certain amendments which I believe will meet all the objections which have been made, as these amendments have been drafted from proposals which were made to us by an hon. member of this Council, which were accepted by the Council, and accepted also by the Chamber of Commerce.
The principal modifications are contained in the revised Bill which have been printed and circulated, in order that members of Council could see exactly what they were and come prepared to discuss them.
The principal amendment is, of course, made in clause 4 of the original Bill, which runs as follows: "No person except the Opium Farmer shall have in his possession or under his custody or control Opium in quantities less than one chest." Well, we propose that it shall be lawful for the Colonial Treasurer, on such conditions as may be approved by the Governor in Council, to grant licences for the sale of opium in quantities less than one chest, and no person except the holders of such licences shall be permitted to sell or barter within the Colony or its waters opium in quantities less than one chest.
The purchase, sale, or barter of quantities less than one ball of Bengal Opium or three catties of Malwa, Persian, or Turkish Opium is hereby forbidden.
Clause 5 makes it incumbent upon the licensee to attach certain certificates to all parcels of opium sold.
No. 6 is--"No person except the Opium Farmer or the licensed retail dealers shall have in his possession or under his custody or control Opium in quantities less than one chest without a certificate of purchase from a Licensee, except he can show to the satisfaction of a Magistrate: (a) That the said Opium is covered by a certificate of one of the Licensees. (b) That he has received it under an official export permit.
Provided always that it shall be in the absolute discretion of the officer charged with issuing export permits to grant or withhold the same, and that this section shall not apply to samples not exceeding two taels covered by a certificate of the importer."
Licensees are to keep a register of the particulars of purchase and sale in such form as the Governor in Council shall from time to time direct.
There is another change which has been made in clause 14, which gave to the Opium Farmer the right of search. That right has been taken away from him and is now vested in the Harbour Master or his deputy.
Then there are some minor changes which, as I have already said, meet the objections which have been made to the original Bill.
Hon. C. P. CHATER-Sir, as I have hitherto been obliged to oppose the second reading of this Bill, I think it will not be out of place, if I say a few words as to the Ordinance in its amended form.
As far as I have been able to learn, in the short time it has been in our hands, certain modifications will be necessary, and I have no doubt will be allowed when we go into Committee.
I may also take this opportunity of stating that I had the honour of being consulted
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Enclosure 5.
C. O.
13146 RECP 45
REGE 4 JUL 87
ORDINANCE FOR THE BETTER REGULATION OF THE TRADE IN OPIUM
DEBATE IN LEGISLATIVE COUNCIL, 23RD AND 27TH MAY, 1887.
Reprinted from Hongkong Daily Press.
His EXCELLENCY THE ACTING GOVERNOR, MAJOR-GENERAL CAMERON,
Hon. J. RUSSELL, Acting Chief Justice. Hon. F. STEWART, Acting Colonial Secretary. Hon. E.J.ACKROYD, Acting Attorney-General HON. A. LISTER, Colonial Treasurer. Hon. H. G. THOMSETг, Harbour Master. Hon. WONG SHING. Hou. A. P. MACEWEN.
Hon. J. BELL-IRVING.
Hon. C. P. CHATER.
Mr. A. SETH, Clerk of Councils.
THE OPIUM BILL.
A moeting of the Hongkong Legislative, which were made to us by an hou. member of were accepted b the Council was held on the 23rd May, 1987. this Council, which
counsel for the petitioners, and accepted also by There were present :-
the Chamber of Commerce. The principal modifications are contained in the revised Bill which have been printed and circulated, in order that members of Conncil could see exact- ly what they were and come prepared to disenss them. The principal amendment is, of course, made in clause 4 of the original Bill, which runs as follows: No person except the Opium For- mer shall have in his possession or under his enstody or control Opium in quantities less than one chest." Well, we propose that it shall be lawful for the Colonial Treasurer, on such con- ditions as may be approved by the Governor in Conneil, to grant licences for the sale of opium in quantities less than one chost. and no person HIS EXCELLENCY--In now asking the Coun- except the bollers of such licences shall be per- oil to continue the consideration of the mitted to sell or barter within the Colony or its Opium Ordinance, I think it may, perhaps, waters opium in quantities less than one chest. be necessary to explain, with regard to the The purchase, sale, or barter of quantities less telegram I read the other day, the intentions than one ball of Bangal Opium or three catties of of the Chinese Government, as they wore, per Malwa, Persian, or Turkish Opium is hereby for- haps, not sufficiently explained in the telegram. bidden. Clause 5 makes it incumbent upon the To sum up the matter as briefly as possible, the license to attach certain certificates to all limitations that they wish to be imposed parcels of opium sold. No. 6 is--" No with regard to the export of opium in person except the Opinn Farmer the less quantities than oue chest amount to licensed retail dealers shall have in his pos- this, that these smaller quantities can bo ex-session or under his custody or control Opinia ported to Canton by river steamer, or by any in quantities less than ous chest without a car- steamer having the privileges of a river steamer. tifiente of purchase from a Licensee. except le and by junk to any port in China, Canton and eau show to the satisfaction of a Magistrato: -- all the other ports, but not by steamer to any fa. That the said Opium is covered by a certi- port except Canton. I think it is necessary, ficate of one of the Licensees. (b) That he has perhaps, to offer that explanation. If the Bill is received it under an officis export permit. Pro- read a second time, the Government propose to vided always that it shall be in the absolute dia- submit amended clauses which we think will cretion of the officer charged with issning export satisfy the requirements of the Colony, as re- permits to grant or withhold the same, and that gards the counter-proposals that were made. this section shall not apply to samples not exceed I think my hon. friend the Chief Justice wishes ing two taels covered by a certificate of the impor to make some remarks before we procead. ter." Licensees are to keep a register of the The ACTING CHIEF JUSTICE-I should like particulars of purchase and sule in such form as to hear what is said first. If it is necessary I the Governor in Council shall from time to time may make a few remarks.
direct. There is another change which has been The ACTING Attorney-GenERAL-1 beg, made in clause 14, which gave to the Opium Sir, to renew my mation for the second reading Farmer the right of search. That right has of a Bill entitled an Ordinance for the better re- beon taken away from him and is now vested in gulating of the trade in opium. It will be in the Harbour Master or his deputy. Then there; the remembrance of all the members of this are some minor changes which as I have already Council that after I had made my original said meet the objections which have been made! motion, some proposals were handed in to the to the original Bill.
Government against the bill. These proposals · Hon. G. P. CHATER-Sir, as 1 lave heen were submitted to the Chinese Government and obliged up to the present to oppose the second they have been mainly accepted And therefore, reading of this Bill, I think it will not be out of I now more that we proceed with the Bill. I place, if I say a few words as to the Ordinauos in can inform hon. members that if this Bill is read its amended form. As far as I have been able to a second time as it stands before the Council, learn, in the short time it has been in our hands, the Government is ready to make certain certain modifications will be necessary, and I amendments which I believe will meet all the have no doubt will be allowed when we go into objections which have been made, as these Committee. I may also take this opportunity of amendments have been drafted from proposals stating that I had the honour of being consulted
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