CO129-373 - Public Offices - 1910 — Page 374

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learning that my repeated conversations with members of the board had, contrary to what I was led to believe, made some impression and had actually induced them to admit that the tax was an additional levy on foreign raw opium and, therefore, even from their point of view, a violation of our treaty rights. The reply of the Viceroy was a direct admission that the levy had been introduced and was maintained for purposes of revenue and not with the object of facilitating the work of opium suppression. His Excellency Na-t'ung made the usual excuse that the board could not instruct, but only advise, a Viceroy, but he said that they had that day received a telegram from the Viceroy reporting certain modifications which he was introducing into the regulations with a view to meeting my demands, and expressed the hope that, when communicated to me, they would prove satisfactory. I replied that what I wanted was a repeal of the tax, nothing more nur less, but I would, of course, give the proposed modifications my careful consideration.

Two days latter Mr. Liu Yuk-lin handed to me a translation of the telegram from I confess that, after the the Viceroy, copy of which I have the honour to enclose.* assurances given me by his Excellency Na-tung, I read this document with some disappointment. The extension of the time for converting raw into prepared opium and the consequent deferring of the date at which the levy, now admitted to be a tax on raw opium, bas to be paid, appears to me to be a most trifling concession and does not in any way satisfy our contention that once the duty and li-kin are paid, no further taxation of Indian opium in a treaty port is permissible.

Articles 2 and 3 regarding the withdrawal of the opium blockade at Maçao and the non-coufiscation of smuggled opium are merely a clever device on the part of the Chinese authorities to place opium under customs transit certificate on the same footing as opium not under transit certificate presumably being smuggled from Maçao into the interior and to class both as amuggled opium. As a matter of fact they are on au entirely different footing and opium covered by a transit certificate is not smuggled opium, should never have been seized, and should be promptly and publicly restored to the owners. It is exempt from confiscation by treaty and not by favour of the Viceroy. It was not clear to me whether the proviso in article 3 regarding the restoration of confiscated opium was retrospective and covered the various cases of illegal seizure of opium under transit certificate which had been brought to my notice and had formed the subject of repeated representations on my part, though his I accordingly Excellency Na-t'ung had given me to understand that such was the case. telegraphed to Mr. Jamieson to ascertain, and I have to-day heard from him that be has as yet received no official reply to the enquiries which he has addressed to the Viceroy, who apparently still contends that the seizures were justified on account of the failure of the Chinese concerned to observe the regulations, and were not therefore infractions of treaty. The opium has, however, been returned in two cases as "an act of grace." I shall await the receipt of fuller information from Mr. Jamieson before renewing my request for the return of all the opium seized and the refund of the fines imposed.

In regard to the general question of the illegal levy, I do not propose to take any further steps until I receive your reply in regard to the proposal which I have submitted to you for a fresh agreement for regulating the importation of Indian opium into China.

* Not printed.

I have, &c.

W. G. MAX MÜLLER.

[This Document is the Property of His Britannic Majesty's Government.]

OPIUM.

CONFIDENTIAL.

[40044]

(No. 364.) Sir,

No. 1.

[November 3.]

SECTION 6,

Mr. Max Müller to Sir Edward Grey.-(Received November 3.)

Peking, October 15, 1910. WITH reference to my despatch No. 363 of the 15th instant, I have the honour to report that the first item of business for discussion laid on the table of the newly- established Senate was the question of the suppression of opium shops in the province of Kuangsi. The matter was referred for discussion by order of the Grand Council; a telegrain from the province in question was read out by the President of the Senate, and a committee of ten members was appointed to make an investigation.

The Kuangsi Provincial Assembly had made the suppression of opium shops throughout the province the subject of discussion, and the result of their deliberations was the passing of a resolution urging that the measure should at once be carried into effect. The governor, however, recognising the difficulties in the way of such stringent action, refused to comply with the resolution of the Assembly, and fixed one year as the limit of time for the suppression of the opium shops. Over a month was spent in considering and reconsidering the question, but all efforts to effect a compromise proved fruitless. The governor adhered to his decision, and the members of the Provincial Assembly consequently resigned in a body.

The occurrence of such an incident is an eloquent testimony to the manner in which the Provincial Assemblies, of comparatively recent institution as they are, have In this instance, arrogated to themselves considerable powers of an executive nature.

the action of the Kaangsi Provincial Assembly was virtually condoned by the committee of the Senate, which, while criticising the dissolution on technical grounds. inevitable and not maintained that such a step was, under the circumstances, uureasonable." The committee recommended that the matter should be reported to the Throne, that the Governor of Kuangsi should be informed of this step in a telegram instructing him not to interfere with the action of the Provincial Assembly in regard to their scheme for the suppression of opium shops, and that orders should be sent to the Assembly to resume its sittings.

The finding of the committee was read out in the Senate, and gave rise to some- what heated discussion; in the end, the resolution of the committee was put to the House and carried unanimously. If the rumour be true, which asserts that Chang Ming-ch'i, the Governor of Kuangsi, who is now on a visit to Peking, was actually present in the strangers' gallery of the Senate during the discussion of this question, it must have been a novel experience for one of the high provincial authorities of China to sit as a listener whilst his official action was being sharply criticised in open public debate.

But the most important feature of this incident is the action of the Senate, which, at the very outset of its career, has presumed, without waiting for the Imperial rescript to the report on the matter, to telegraph instructions to an official of the high rank of forbid his governor of one of the provinces, instructions, moreover, which

interference with the action of the Assembly" of the province over which he holds

sway.

Chang Ming-ch'i, who during the past five years has risen from the rank of intendant of one of the circuits of Kuangsi through successive grades to the position of governor of that province, called to see me on the 6th instaut. No mention was made during our conversation on that occasion of any intention ou his part to apply for permission to resign his post, as has been asserted in at least one local native newspaper, In this which alleged as the reason for his so doing the incident above referred to. case perhaps the wish may have been father to the thought; a far more plausible theory for his outstaying his leave in the capital is that now advanced by the native press, namely, that he is intriguing to secure the appointment of Viceroy of the provinces of Kuangtung and Kuangsi.

I have, &c.

W. G. MAX MÜLLER.

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