CO129-393 - Governor Sir May - 1912 [11] — Page 253

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245 240 and I enclose copies of the draft as revised. The principal chang- -es are as follows:

(a). Sections 73, 76 and 77 of the principal Ordinance have been so amended that opium will be forfeited

to the Crown in all cases where the offence commit- -ted is that of illicit export. It is feared that if the Farmer is allowed to claim opium forfeited as at present, he will be able to protect the illicit smuggling to America and Manila. This smuggling has reached considerable proportions and is naturally beneficial to the Farmer. (b). The form of new sub-section (7) to Section 35 was

taken exception to by the Farmer's Solicitors, and

it has therefore been redrafted in a clearer form

and appears in the revised draft as Section 3,

sub-section (h).

(c). Sections 36 and 37 of the principal Ordinance have

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been amended owing to a recent decision of the Fall Court on an appeal from the Magistrate against a conviction under Section 37. It was held that in

order to support a conviction under either of these Sections it was necessry that the prosecution should

prove to what country the export was about to take

place. In many cases, though the intention to

smuggle is obvious, it is impossible to prove the actual destination. The amendments made by sub-

-sections (i) and (j) in Section 3 will do away with the necessity for the prosecution to prove

the actual country of destination.

I shall be glad to have your approval by tele- -graph of the draft bill now submitted as it is important that the contract for the extension of the Farm, which is now being prepared, should be executed as soon as possible and its teras depend on the provisions of the Bill.

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I propose to deal with the prohibition of the

import