CO129-385 - Public Offices - 1911 — Page 263

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is the only document required for the purpose; and that the enforcement on the trade of other passes, whether by officials or anti-opium societies, is contrary to treaty. it is all the more surprising to find that your Highness's board, in telegraphing to the Viceroy at Foochow to modify the regulations to which I objected in my note of the 7th, and whose immediate withdrawal, not modification, I called for in my note of the 21st September, should have stated that the "tui-chao" may be allowed to remain in force as before. A copy of a despatch from the Viceroy to His Majesty's consul embodying the board's instructions on this point is enclosed.

I would remind your Highness that the provincial restrictions on this trade delayed for a considerable time the closing of the provinces of Fengtien, Kirin, Hei-lung-chiang, Shansi, and Szechuan to the import of Indian opium, and I should regret if the irregularities still being practised should in the future delay the object which the Central Government have at heart, and which will be best attained by a strict observance of treaties and of the opium agreement.

Twice have I asked for your Highness's explicit assurance that the regulations considered necessary for the enforcement of the last paragraph of article 7 of the opium agreement shall, in accordance with the terms of that agreement, be made by the Chinese Governinent and not by the provincial authorities, and I shall be glad if your Highness will favour me with an early reply.

I avail, &c.

(Translation.) Sir,

Enclosure 2 in No. 1.

Viceroy Sung to Consul Werner,

J. N. JORDAN,

Foochow, 3rd year, 7th month, 2nd day (August 25, 1911).

I HAVE the honour to reply to your despatch of the 23rd day of the 6th inter- calary moon (17th August)—

Recites despatch.]

On its receipt I instructed the Foochow Opium Prohibition Office to investigate without delay and report, and I have now received their statement that, as regards the triplicate certificate ("san-lien-tan "), because the English merchants had refused to recognise these, they were abolished a long while ago, and the "tui-chao" (checks) substituted, which are the only certificates at present in use. There are no "lien-tan." Moreover, these regulations were issued on the 21st day of the 2nd moon. On the 14th of the 4th moon the change to "tui-chao was made everywhere, and no regulations have been issued since that date. The rule which the English consul has copied is the old one before the change was made. That they were issued on the 14th of the 6th intercalary moon is not correct, We also find that the seventh clause of the newly-issued agreement states that "the foregoing stipulations shall not derogate in any manner from the force of the laws already published, or hereafter to be published, by the Chinese Government to suppress the smoking of opium and to regulate the retail trade in the drug in general." The "tui-chao" were instituted with the object of checking the retail trade, and the laws regarding them have already been promulgated.

In a word, the duties on prepared opium, as well as those on foreign raw opium, have been abolished, and no restrictions are put on the wholesale trade between merchant and merchant. The only measures put in force are those which have for their object the discovery of smokers and the stoppage of the use of opium by them. It is obvious that this cannot be said to be a breach of the supplementary agreement.

The foreign board yesterday handed us a reply telegram from the Wai-wu Pu also stating that the "tui-chan," if no charge is made and they do not set a limit to the amount of raw opium which may be purchased, and are intended merely as a means of checking the retail trade, and not as a restriction on the wholesale trade, may be allowed to remain in use as before. The board, also, has frequently discussed this matter with Wu and Ch'en, the heads of the general office for the eradication of opium, and the principal local gentry, and they all agree that the "tui-chan" cannot be abolished, and they requested that they might be allowed to remain in use as before. We (the Opium Bureau) request a reply to this report.

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Having received this, besides expressing my approval to the bureau, I now have she honour of sending you this reply.

With compliments, &c.

(Translation.)

Sir,

Enclosure 3 in No. 1.

Prince Ch'ing to Sir J. Jordan.

Peking, October 16, 1911. I HAVE the honour to acknowledge the receipt of your Excellency's note of the 7th October, in which you state-

[Quotes note in précis.]

I have the honour to observe that my Ministry have made investigations into the matter of the use of "tui-chao" in the province of Fukien, and have discovered that these passes are used especially by the prepared opium shops when buying opium from the raw opium dealers, the object being to facilitate inspection of the retail trade in prepared opium; for this reason permission was given that these passes could be used as before.

It is, of course, quite improper that merchants conveying raw opium into the interior should be compelled to take out "tui-chao."

Instructions have accordingly been telegraphed to the Fukien Viceroy to issue orders for the immediate release of the opium seized by the Ch'ung-an magistrate. At the same time, he has been told that hereafter there must be no obstruction placed in the way of people transporting raw opium into the interior when provided with the customs transit certificate, and that only the prepared opium shops should be ordered to use "tui-chao.

The Viceroy has now replied as follows:-

"I have issued circular instructions ordering full compliance on this point. As regards the three chests of foreign opium belonging to Messrs. Petigura and Co. which were seized by the Chung-an magistrate, I had already issued orders for their release."

I have the honour, therefore, to address this reply for your Excellency's information.

I avail, &c.

Prince CHING.

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