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The bureau states that the Prefect of Shunning-fu (West Yünnan) reports the receipt of their orders for the vigorous suppression of opium in the Shan States under his control. He at once directed the Tu ssu of Keng ma to forhid the planting and to uproot any growing crops of opium, and the T'u ssu, Han hua chi issued instructions to that effect. Keng ma is, however, on the borderland of Malipa, a district under British protection. Since the prohibition against opium was issued in Keng ma, the cultivation has doubled on the British side, because more than one-half of the popula- )) tion have moved over to British territory and are growing opium there. Keng ma and Malipa have the ancient custom of uniting their local train bands for common protection against robbers. The inhabitants are, moreover, connected by tics of blood and live in mutual peace. Wherefore, those living in the British side have had the custom to rent land on the Chinese side and grow a considerable quantity of opium there. This opium has now been uprooted. The prefect feared disturbances might arise on account of this condition of affairs, and requested instructions from the bureau. The bureau notes that the period for the suppression of opium in Yunnan has been limited, and the land in the interior has been thoroughly cleansed of the drug. Strict measures must now be taken for its prohibition in the Shan States. The report from the Prefect of Shunning-fu states that it has been the custom for British subjects to rent land and cultivate opium thereon in the Shan State of Keng ma. Now Keng ma lies within China, and there must be no cultivation of opium in that State. The orders for its prohibition are urgent. Subjects of whatever nationality cannot be permitted to grow opium on Chinese soil. The bureau has instructed the Prefect of Shunning to direct the Tu ssu of Keng ma to obey these orders. At the same time the bureau brings the matter to the notice of the Administrator of Foreign Affairs and would request him to ask the British consul to bring the matter to the notice of the Government of Burmnah.
I have, therefore, the honour to request you to take the necessary steps to acquaint the Government of Burmah with this matter.
(Seal of Administrator of Foreign Affairs.)
Inclosure 4 in No. 1.
Acting Consul-General Wilton to Acting Administrator of Foreign Affairs.
(Translation.) Sir,
July 19, 1909.
I HAVE the honour to acknowledge receipt of your official communication of the 15th instant, requesting me to transmit to the Government of Burmah the commu- nication made to you by the Central Anti-Opium Bureau on the condition of affairs in the borderland States of Keng-ma and Malipa.
I have the honour to state in reply that I will bring the matter to the notice of the Government of Burmah for whatever action they may consider necessary.
I have, &c.
Inclosure 5 in No. 1.
Vice-Consul Ottewill to Vice-Consul Sly.
E. C. WILTON.
Tengyueh, May 25, 1908.
(No. 13.) Sir,
I HAVE the honour to enclose to you herewith copy of a note which I have to-day sent to the Chief Secretary to the Government of Burmah on the subject of transfrontier cultivation.
Inclosure 6 in No. 1.
1 have, &c.
H. A. OTTEWILL.
Memorandum respecting Transfrontier Cultivation.
CASES arising out of transfrontier cultivation are from time to time brought forward by the Burmah and Chinese frontier authorities. On the Chinese side the
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questions involved are generally of cultivation without authority and of revenue. These questions are best considered under the following two headings:-
1. Trausfrontier cultivation authorised by the boundary commissioners. 2. Cultivation not so authorised.
Firstly, with regard to transfrontier cultivation authorised by the boundary commissioners.
The reason for the authorisation was that the line of demarcation between the two countries, Burmah and China, adopted in many places included a village in one country, Burmah or China, and left the lands cultivated by the villagers in the other country, Burmah or China as the case might be. I do not think any serious question as to rights to the land occurs. Lists were made at the time of demarcation, and the Burmahi officers concerned have them in their records. I am entirely in agreement with the views of the deputy commissioner, Bhamo, that the rights should be limited to individuals and not be construed to mean the village community, although in the Chinese Shan States land is held communally by the village.
Taxation in Burmah, so far as the frontier districts are concerned, is levied on houses, in China it is levied on land.
A household living in China, but cultivating fields in Burmah, escapes taxation, there being no house tax in China and no land tax in Burmah. A household living in Burmah pays house tax, but, so far as I am able to learn, no land tax in China. The only Chinese sawbwa who makes a grievance of this non-payment is Chefang. Mr. Stirling was of opinion that it would be very impolitic to allow the Chinese sawbwas to levy taxes on Burmah Government subjects cultivating land under this The Lung-ling heading, because they would proceed to levy impossible amounts. Ting mentioned the matter in January last, and, of course, said that no exorbitant levy would be made. I agree, however, with Mr. Stirling's views entirely, and as things have gone on for nearly ten years in their present condition, I do not think the Burmah Government should make the concession to the Chinese. The matter is not likely to be raised seriously, and there seems to be no necessity to discuss it at present. Secondly, with regard to transfrontier cultivation not authorised by the Boundary Commissioners.
This condition of affairs has come into existence since the demarcation of the frontier, and it is principally the result of immigration from the China side to the Bad Burmah side of the frontier. The reason for the immigration is self-evident. government, disorder, and inefficient protection on the part of the Chinese Shan States naturally drive their subjects into Burmab. There is in most places only a limited quantity of land on the Burmah side available for rice cultivation, and the The Chinese immigrants consequently work their old fields on the China side. authorities in their complaints make use of the strange expression that these It seems obvious that people cross the frontier and take their fields with them.'
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they cannot take their fields with them in the sense that the fields become incor- porated in Burmah territory. The fields therefore remain in China, and, as the Teng- yueh Ting was told at the meeting last January, the people who work the fields ought to obey the local Chinese-Shan laws with regard to them, naturally including the payment of taxes on the land. The further complaint then arises that they do not pay, and although it is not explicitly stated, the workers, being Burmah Government subjects, cannot be made to pay by Chinese-Shan methods. Chefang has a short way with Burmah Government subjects who work land of this kind without authority-he simply drives them away. Mengmao and Lungchuan, being feeble creatures, make representations. The Burmah officers cannot become tax-collectors for Mengmao and Lungchuan, but it seems to me that there can be no objection to ordering Burmab Government subjects who work land of this kind on the China side to pay the taxes. Although immigrants into Burmah territory are the principal people who work this kind of land, cases are reported in which the inhabitants of old-cstablished villages cross the frontier and work land without authority.
The converse case of villagers on the China side working land on the Burmah side without permission very seldom occurs.
Particular complaints from the Chinese are at present complicated by a conspiracy between the Tengyueh Ting and the Chinese sawhwas under him to rake up everything in the nature of a case against the Burmah Government, and at the same time invent facts to suit cases.
H. A. OTTEWILL.
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