# Inclosure 4 in No. 1.
Notification by the Provincial Treasurer, the Provincial Judge, the Board of Reorganization, and the Bureau of Police, with regard to the Sale of Opium.
IN the matter of issuing a notification, whereas in the 32nd year of Kuang Hsü we have received an Imperial Decree prohibiting the smoking of opium, and containing ten Rules for the prohibition of the drug which had been submitted by the Administrative Council. Now it is found that the 5th Rule provides that the local authorities should make accurate investigations into the number of shops selling raw and prepared opium in every city, town, village, and hamlet, and have them registered. They will then be given licences to enable them to carry on their business, but no new shops may be opened after the investigation has been held. Persons wishing to purchase raw or prepared opium must produce their licences for inspection before the opium can be sold to them, and non-licence holders may not be supplied. Offenders against these Rules will be severely punished.
The principle that both the shops that sell raw and prepared opium and those who buy the same must take out a licence to do so has been on several occasions approved and adopted. In the 8th moon of last year instructions were given to supply the opium shops and the smokers with licences with the Rules of which they were to comply.
We have now received instructions from His Excellency the Viceroy to investigate the opium shops, register them and grant them licences, and we have accordingly had a conference on the subject and have drawn up forms for the licences to be given to opium shops and opium smokers, and also Regulations for the issue of such licences. His Excellency the Viceroy has been pleased to approve of these forms and Rules, and has given orders to his subordinates to observe them implicitly on pain of severe punishment for any secret disobedience.
The Board of Reorganization has been printing these licences for distribution, and now issues this notification for the information of raw and prepared opium shops and opium smokers.
Take notice that this investigation is made and licences issued in conformity with the Regulations made by the Administrative Council.
From the 1st day of the 9th moon all sales and purchases of raw or prepared opium by opium shops and opium smokers must conform to the Rules set forth below. If any one disobey in secret, or enter into private transactions without a licence, or does not retain the counterfoils of licences to be delivered up each month, he shall be deemed to be a wilful offender, and will, on being discovered or on information laid, be severely dealt with, and will have his property sealed up. Tremble and obey! A special notification.
Regulations.
1. Licences for raw opium shops shall be printed in the same form as those for prepared opium shops, and each shop provided with one to enable it to carry on business. Such licences will be renewable once a year without fee until the expiration of the term allowed for the prohibition of opium, when they must be delivered up for cancellation. From the time of holding this investigation and registration opium shops may be closed, but no new shops opened.
If any person unlawfully establishes a shop without a licence or sells opium to buyers without inspecting their licences, the shop will be shut up and the buyer arrested, on being discovered or on a true information laid.
2. Licences for the purchase of raw opium will be issued in three parts, one counterfoil being kept by the Board for reference, one by the selling shop, and the licence itself by the applicant. Any one buying raw opium to prepare it himself must first report the number of balls he proposes to buy, and in pursuance of clause 6 of the Regulations drawn up by the King Shun Tong pay a fee according to the number of pans and the quality of the opium. The licence is then filled up and two parts issued.
This licence is only to be used once, and to prevent abuses a new one applied for when needed. Every raw opium shop, when a customer comes to buy opium, must carefully inspect the two parts of the licence issued by the Board as to the number of balls inserted therein, and supply the customer accordingly, retaining one counterfoil and returning the other to the buyer.
7
The counterfoils retained by raw opium shops in Canton and Honam will be inspected once a month by an official from the Board. Those retained in the country districts will be inspected by the Magistrate's deputy. Where there are branch offices under deputy officers the inspection will be carried out by deputies from such officers.
When an officer attends at a shop to make an inspection, the shop must at once get ready all the counterfoils and hand them over. Those who disobey by not handing over the counterfoils will be dealt with according to the Regulations.
3. Licences applied for by raw opium shops in Canton and Honam will be issued direct by the Board of Reorganization. As to applications from country districts, the local authorities have been instructed to make a thorough investigation as to the number of shops within their jurisdiction, and to forward their names and addresses to the Board for examination in order that licences may be issued for distribution.
4. In places in Canton and Honam, where the issuing of licences for the purchase of raw opium is undertaken by a contractor, a smoker applying for a licence must first attend at the Board of Reorganization, produce the licence for smoking, and report clearly the amount of raw opium to be purchased and the amount to be prepared, and the Board will examine such licence and give him a letter to take to the King Shun Tong, who will exchange it for a licence on payment of the fee.
As to places in the country where the issuing of such licences is undertaken by contractors, the smokers will have to make the report to the local authorities, who will make the necessary inquiries and give them letters for the contractor's office to be exchanged for licences after payment of the fees.
As to places where licensing is done by branch offices under deputy officers or the local authorities, the smokers will have to make their report at such office, when inquiries will be made and licences granted on payment of the fees.
When applications for purchasing licences are made by prepared opium shops who have already undertaken the payment of duties and fees, the applicants are only required to produce the original business licences and report the amount of raw opium to be purchased, and when the licences are found to be in order, a certificate is given to be exchanged for licences to buy raw opium. These licences are not liable to any fee. Every branch office and local authority who has issued such licences must forward a return of the counterfoils detained, and those surrendered by the raw opium shops to the Board of Reorganization, and send a report to the provincial authorities for reference. Officers in charge must, when applicants come for licences, at once make the necessary inquiries and grant the licence without delay. Contractors, when persons come to exchange their certificates for licences, can only charge the fees laid down in the Regulations, and must not make any extra charge whatever.
5. In calculating the amount of raw opium purchased, one pan is taken as the minimum amount. With superior raw opium one ball is taken as 1 pan, and with inferior raw opium 60 or 70 taels is taken as 1 pan. If it is desired to purchase less than 1 pan, the balls have to be cut up. The practice must therefore be strictly forbidden in order to prevent fraud.
Kuang Hsü, 34th year, 8th moon, 9th day (September 4, 1908).
(Translation.) Your Excellency,
Inclosure in No. 1.
Acting Consul-General Fox to Viceroy Chang.
September 26, 1908. IN continuation of my note of the 24th instant, I have the honour to submit, for your Excellency's consideration, the formal protest of the British firms in Hong Kong interested in the import of Indian opium, against the new Regulations which have recently been issued by the Provincial Government with a view to the registration of all shops selling raw and prepared opium.
It is submitted by the British firms in question that if clauses 1, 2, and 3 of these Regulations are carried into effect, the result will be that a certain number of native establishments selling raw and prepared opium will be ascertained, registered, and licensed, and this will curtail the sale of raw opium, as only the native establishments so registered and licensed will be competent to purchase raw opium from the British vendor. In effect, the British merchant will have his trade cut down to the limits of
400
6
Inclosure 4 in No. 1.
Notification by the Provincial Treasurer, the Provincial Judge, the Board of Reorganization, and the Bureau of Police, with regard to the Sale of Opium.
IN the matter of issuing a notification, whereas in the 32nd year of Kuang Hsü we have received an Imperial Decree prohibiting the smoking of opium, and containing ton Rules for the prohibition of the drug which had been submitted by the Administrative Council. Now it is found that the 5th Rule provides that the local authorities should make accurate investigations into the number of shops selling raw and prepared opium in every city, town, village, and hamlet, and have them registered. They will then be given licences to enable them to carry on their business, but no new shops may be opened after the investigation has been held. Persons wishing to purchase raw or prepared opium must produce their licences for inspection before the opium can be sold to them, and non-licence bolders may not be supplied. Offenders against these Rules will be severely punished.
The principle that both the shops that sell raw and prepared opium and those who buy the same must take out a licence to do so has been on several occasions approved and adopted. In the 8th moon of last year instructions were given to supply the opium shops and the smokers with licences with the Rules of which they were to comply.
His
We have now received instructions from his Excellency the Viceroy to investigate the opium shops, register them and grant them licences, and we have accordingly had a conference on the subject and have drawn up forms for the licences to be given to opium shops and opium smokers, and also Regulations for the issue of such licences. Excellency the Viceroy has been pleased to approve of these forms and Rules, and has given orders to his subordinates to observe them implicitly on pain of severe punishment for any secret disobedience.
The Board of Reorganization has been printing these licences for distribution, and now issues this notification for the information of raw and prepared opium shops and opium smokers.
Take notice that this investigation is made and licences issued in conformity with the Regulations made by the Administrative Council.
From the 1st day of the 9th moon all sales and purchases of raw or prepared opium by opium shops and opium smokers must conform to the Rules set forth below. If any one disobey in secret, or enter into private transactions without a licence, or does not retain the counterfoils of licences to be delivered up each month, he shall be deemed to be a wilful offender, and will, on being discovered or on information laid, be severely dealt with, and will have his property sealed up. Tremble and obey! A special notification.
Regulations.
1. Licences for raw opium shops shall be printed in the same form as those for prepared opium shops, and each shop provided with one to enable it to carry on business. Such licences will be renewable once a year without fee until the expiration of the term allowed for the prohibition of opium, when they must be delivered up for cancellation. From the time of holding this investigation and registration opium shops may be closed, but no new shops opened.
If
any person unlawfully establishes a shop without a licence or sells opium to buyers without inspecting their licences, the shop will be shut up and the buyer arrested, on being discovered or on a true information laid.
2. Licences for the purchase of raw opium will be issued in three parts, one counterfoil being kept by the Board for reference, one by the selling shop, and the licence itself by the applicant. Any one buying raw opium to prepare it himself must first report the number of balls he proposes to buy, and in pursuance of clause 6 of the Regulations drawn up by the King Shun Tong pay a fee according to the number of pans and the quality of the opium. The licence is then filled up and two parts issued.
This licence is only to be used once, and to prevent abuses a new one applied for when needed. Every raw opium shop, when a customer comes to buy opium, must carefully inspect the two parts of the licence issued by the Board as to the number of balls inserted therein, and supply the customer accordingly, retaining one counterfoil and returning the other to the buyer.
7
The counterfoils retained by raw opium shops in Canton and Honam will be inspected" once a month by an official from the Board. Those retained in the country districts will be inspected by the Magistrate's deputy. Where there are branch offices under deputy officers the inspection will be carried out by deputies from such officers.
When an officer attends at a shop to make an inspection, the shop must at once get ready all the counterfoils and hand them over. Those who disobey by not handing over the counterfoils will be dealt with according to the Regulations.
3. Licences applied for by raw opium shops in Canton and Houam will be issued direct by the Board of Reorganization. As to applications from country districts, the local authorities have been instructed to make a thorough investigation as to the number of shops within their jurisdiction, and to forward their names and addresses to the Board for examination in order that licences may be issued for distribution.
4. In places in Cauton and Honam, where the issuing of licences for the purchase of raw opium is undertaken by a contractor, a smoker applying for a licence must first attend at the Board of Reorganization, produce the licence for smoking, and report clearly the amount of raw opium to be purchased and the amount to be prepared, and the Board will examine such licence and give him a letter to take to the King Shup Tong, who will exchange it for a licence on payment of the fee.
As to places in the country where the issuing of such licences is undertaken by contractors, the smokers will have to make the report to the local authorities, who will make the necessary inquiries and give them letters for the contractor's office to he exchanged for licences after payment of the fees.
As to places where licensing is done by branch offices under deputy officers or the local authorities, the smokers will have to make their report at such office, when inquiries will be made and licences granted on payment of the fees.
When applications for purchasing licences are made by prepared opium shops who have already undertaken the payment of duties and fees, the applicants are only required to produce the original business licences and report the amount of raw opium to be purchased, and when the licences are found to be in order, a certificate is given to be exchanged for licences to buy raw opiun. These licences are not liable to any fee. Every branch office and local authority who has issued such licences must forward a return of the counterfoils detained, and those surrendered by the raw opium shops to the Board of Reorganization, and send a report to the provincial authorities for reference. Officers in charge must, when applicants come for licences, at once make the necessary inquiries and grant the licence without delay. Contractors, when persons come to exchange their certificates for licences, can only charge the fees laid down in the Regulations, and must not make any extra charge whatever.
5. In calculating the amount of raw opium purchased, one pan is taken as the minimum amount. With superior raw opium one ball is taken as 1 pan, and with inferior raw opium 60 or 70 taels is taken as 1 pan. If it is desired to purchase less than 1 pan, the balls have to be cut up. The practice must therefore be strictly forbidden in order to prevent fraud.
Kuang Hsü, 34th year, 8th moon, 9th day (September 4, 1908).
(Translation.) Your Excellency,
Inclosure in No. 1.
Acting Consul-General Fox to Viceroy Chang.
September 26, 1908. IN continuation of my note of the 24th instant, I have the honour to submit, for your Excellency's consideration, the formal protest of the British firms in Hong Kong interested in the import of Indian opium, against the new Regulations which have recently been issued by the Provincial Government with a view to the registration of all shops selling raw and prepared opium.
It is submitted by the British firms in question that if clauses 1, 2, and 3 of these Regulations are carried into effect, the result will be that a certain number of native establishments selling raw and prepared opium will be ascertained, registered, and licensed, and this will curtail the sale of raw opium, as only the native establishments so registered and licensed will be competent to purchase raw opium from the British vendor. In effect, the British merchant will have his trade cut down to the limits of
400
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