owns or is in possession of opium paste without holding a licence as required by Articles 3 and 4, section 1, or who without a licence as required by Articles 3 and 4, sections 2, 3, and 4, owns or is in possession of smoking implements shall be liable to not more than one year major imprisonment or a fine of not more than 1,000 yen.
Any person owning or being in possession of any compound having the virtue of raw opium or opium paste, or who, not being a physician, chemist, retailing druggist, or manufacturing chemist, shall own or be in possession of opium powder without holding a licence as required by Article 4, section 5, shall be liable to the same penalty.
Art. 16. Under the circumstances mentioned in Articles 8 and 15, the goods shall be confiscated, or, in the event of their having been already consumed, a fair compensation shall be paid.
Art. 17. Persons punished under this Ordinance may have the penalty changed from imprisonment to a fine in the proportion of 2 yen for each day of imprisonment, In reckoning the amount the correct number of days shall be deducted in the above proportion.
In this case, the Judge may hear the Procurator's opinion and give judgment without public trial.
Art. 18. A person who does not pay any of the fine shall in lieu thereof be detained in confinement for not more than five years.
In the case of a person so detained, the Judge shall give judgment in accordance with the Procurator's statement and fix the period of detention without public trial.
When a person condemned to a fine has paid part of the fine, when fixing the term of detention, regard must be had to the proportion of the amount of the original fine to the number of days the offender is to be detained and a proper number of days deducted from the term of detention.
When the fine is paid during the term of detention, the remaining days must be paid for in the above proportion.
Art. 19. If the member of the family, or an employé, of a person to whom a licence has been granted to sell opium paste in accordance with Article 4, or of a person who is selling under official authority, infringes this Ordinance in pursuance of his occupation, the employer as well as the seller shall be punished.
Art. 20. Section 1 of Chapter 5 of the second part of the Criminal Code does not apply to this Ordinance.
Annex 2.
Year Raw Opium Imported. (Customs Returns, ) Quantity. Value. Opium Paste Sold. (Retail) Quantity. Value. Licensed Smokers, Number. Remarks. 1900 Lbs. £ 500,080 860,464 1901 438,812 471,274 165,752 364,672 1902 240,669 265,157 323.601 152,044 1903 305,962 153,822 286,817 385,967 1904 111,312 185,646 116,819 320,021 1905 400,423 416,533 298,570 326,998 1906 421,594 272,901 176,748 349,932 1907 503,045 581,818 343,353 357,403 232,338 113,165 0 £ 130,401 137,952 130,476 123,650This Document is the Property of His Britannic Majesty's Governmen
B] CHINA TRADE, CONFIDENTIAL. [43022]
Sir,
No. 1. 743 0.0 217 [December 9.] Sedhtar 2. JAN 09:
Colonial Office to Foreign Office.-(Received December 9.)
Downing Street, December 9, 1908.
I AM directed by the Earl of Crewe to acknowledge the receipt of your letter of the 1st instant forwarding a draft of instructions to the British Delegates on the International Opium Conference at Shanghae.
2. Certain alterations are required in two paragraphs of the draft to bring them into accordance with present conditions, and Lord Crewe would suggest that they should be amended as shown in the first inclosure to this letter. Subject to this, his Lordship concurs in the terms of the instructions.
3. I am to take this opportunity of transmitting, for the information of Secretary Sir E. Grey, copies of two letters which have been addressed to Sir Cecil Smith. The permission to communicate through Sir Pelham Warren was given after unofficial communication with your Department, and Lord Crewe will be glad if instructions can be issued to that officer accordingly.
I am, &c.
(Signed) R. L. ANTROBUS.
Inclosure 1 in No. 1.
Draft Instructions to British Delegates to the International Opium Commission at Shanghae.
IN the Straits Settlements a Commission has been appointed by the Governor to investigate the question as affecting both the Colony and the Federated Malay States and His Majesty's Government expect shortly to receive the views of the Governor and High Commissioner on the opinions and recommendations formulated by the Commissioners. Copies of the Report and evidence are not yet available for your use, but they will be furnished to you at a later date.
The attitude of His Majesty's Government towards the opium question, with special reference to the opium divans in Hong Kong and the Malay Peninsula, was made the subject of debate in the House of Commons on the 6th May last, when the policy of His Majesty's Government was explained by the Under-Secretary of State for the Colonies.
A report of the debate is annexed for your information. Correspondence is now in progress with the Governor of Hong Kong as to the procedure for giving effect to the resolution adopted by the House of Commons.
While the number of licensed smokers appear to have decreased, the sale of opium has increased annually from 1901 to 1905. Later figures are not obtainable.
(Confidential.) Sir,
Inclosure 2 in No. 1.
Colonial Office to Sir C. Smith.
Downing Street, December 4, 1908.
WITH reference to the letter from this Department of even date, I am directed by the Earl of Crewe to inform you that he has learnt by telegraph that the officers whom the Governments of the Straits Settlements and Hong Kong have respectively selected to assist you at the Opium Conference are Mr. W. D. Barnes, Secretary for Chinese Affairs in the Straits Settlements, and Mr. C. Clementi, Assistant Colonial Secretary of Hong Kong.
2. The latter appointment raises a question of some difficulty. Mr. Clementi, in carrying out the work of investigating the financial results of closing the opium divans in Hong Kong, which had been assigned to him by the Colonial Government, has written a Memorandum which shows that the conclusions to which his inquiries
1
6
owns or is in possession of opium paste without holding a licence as required by Articles 3 and 4, section 1, or who without a licence as required by Articles 3 and 4, sections 2, 3, and 4, owns or is in possession of smoking implements shall be liable to not more than one year major imprisonment or a fine of not more than 1,000 yen.
Any person owning or being in possession of any compound having the virtue of raw opium or opium paste, or who, not being a physician, chemist, retailing druggist, or manufacturing chemist, shall own or be in possession of opium powder without holding a licence as required by Article 4, section 5, shall be liable to the same penalty.
Art. 16. Under the circumstances mentioned in Articles 8 and 15, the goods shall be confiscated, or, in the event of their having been already consumed, a fair compensation shall be paid.
Art. 17. Persons punished under this Ordinance may have the penalty changed from imprisonment to a fine in the proportion of 2 yen for each day of imprisonment, In reckoning the amount the correct number of days shall be deducted in the above proportion.
In this case, the Judge may hear the Procurator's opinion and give judgment without public trial.
Art. 18. A person who does not pay any of the fine shall in lien thereof be detained in confinement for not more than five years.
In the case of a person so detained, the Judge shall give judgment in accordance with the Procurator's statement and fix the period of detention without public trial.
When a person condemned to a fine has paid part of the fine, when fixing the term of detention, regard must be had to the proportion of the amount of the original fine to the number of days the offender is to be detained and a proper number of days deducted from the term of detention.
When the fine is paid during the term of detention, the remaining days must be paid for in the above proportion.
Art. 19. If the member of the family, or an employé, of a person to whom a licence has been granted to sell opium paste in accordance with Article 4, or of a person who is selling under official authority, infringes this Ordinance in pursuance of his occupation, the employer as well as the seller shall be punished.
Art. 20. Section 1 of Chapter 5 of the second part of the Criminal Code does not apply to this Ordinance.
Annex 2.
TABLE showing Raw Opium imported, Opium paste sold (put into consumption), and the number of Licensed Smokers in the years 1900 to 1907.
Raw Opium Imported. (Customs Returns, )
Opium Paste Sola. (Retail)
Licensed Smokers,
Year.
Remarks.
Quantity. Value.
Quantity. Value.
Number.
Lbs.
1900
1901
1902
1903
1904
1905
1906
Lbs.
£ 500,080 860,464 438,812 471,274 165,752 364,672 240,669 265,157 323.601 152,044 305,962 153,822 286,817 385,967 111,312 185,646 116,819 320,021 400,423 416,533 298,570 326,998 421,594 272,901 176,748 349,932 503,045 581,818 343,353
£
130,401 137,952
130,476
123,650
1907
357,403
232,338
113,165
0
This Document is the Property of His Britannic Majesty's Governmen
B]
CHINA TRADE,
CONFIDENTIAL.
[43022]
Sir,
No. 1.
743
0.0
217 [December 9.]
Sedhtar 2. JAN 09:
Colonial Office to Foreign Office.-(Received December 9.)
Downing Street, December 9, 1908. I AM directed by the Earl of Crewe to acknowledge the receipt of your letter of the 1st instant forwarding a draft of instructions to the British Delegates on the International Opium Conference at Shanghae.
2. Certain alterations are required in two paragraphs of the draft to bring them into accordance with present conditions, and Lord Crewe would suggest that they should be amended as shown in the first inclosure to this letter. Subject to this, his Lordship concurs in the terms of the instructions.
3. I am to take this opportunity of transmitting, for the information of Secretary Sir E. Grey, copies of two letters which have been addressed to Sir Cecil Smith. The permission to communicate through Sir Pelham Warren was given after unofficial communication with your Department, and Lord Crewe will be glad if instructions can be issued to that officer accordingly.
I am, &c.
(Signed)
Inclosure 1 in No. 1.
R. L. ANTROBUS.
Draft Instructions to British Delegates to the International Opium Commission at Shanghae.
IN the Straits Settlements a Commission has been appointed by the Governor to investigate the question as affecting both the Colony and the Federated Malay States and His Majesty's Government expect shortly to receive the views of the Governor and High Commissioner on the opinions and recommendations formulated by the Commissioners. Copies of the Report and evidence are not yet available for your use, but they will be furnished to you at a later date.
The attitude of His Majesty's Government towards the opium question, with special reference to the opium divans in Hong Kong and the Malay Peninsula, was made the subject of debate in the House of Commons on the 6th May last, when the policy of His Majesty's Government was explained by the Under-Secretary of State for the Colonies.
A report of the debate is annexed for your information. Corres- pondence is now in progress with the Governor of Hong Kong as to the procedure for giving effect to the resolution adopted by the House of Commons.
While the number of licensed smokers appear to have de- creased, the sale of opium has increased annually from 1901 to 1905. Later figures are not obtainable.
(Confidential.) Sir,
Inclosure 2 in No. 1.
Colonial Office to Sir C. Smith.
Downing Street, December 4, 1908. WITH reference to the letter from this Department of even date, I am directed by the Earl of Crewe to inform you that he has learnt by telegraph that the officers whom the Governments of the Straits Settlements and Hong Kong have respectively selected to assist you at the Opium Conference are Mr. W. D. Barnes, Secretary for Chinese Affairs in the Straits Settlements, and Mr. C. Clementi, Assistant Colonial Secretary of Hong Kong.
2. The latter appointment raises a question of some difficulty. Mr. Clementi, in carrying out the work of investigating the financial results of closing the opium divans in Hong Kong, which had been assigned to him by the Colonial Government, has written a Memorandum which shows that the conclusions to which his inquiries
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