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gradually restricting, pari passu with Chinese action in the territories adjoining, the number of shops for the sale of opium, which may still exist in such leased territories, &c. They are also to adopt such effective measures in these leased territories for the restriction and control of the retail trade in opium generally.
143. The fourth resolution of the Shanghai Commission was as follows:- "That the International Opium Commission finds that each Government
represented has strict laws chich are aimed directly or indirectly to prevent the smuggling of opium, is alkaloids, derivatives, and preparations into their respective territories; in the judgment of the International Opium Commission it is also the duty of all countries to adopt reasonable measures to prevent at ports of departure the shipment of opium, its alkaloids, derivatives, and preparations, to any country which prohibits the entry of any opium, its alkaloids, derivatives, and preparations."
144. Putting aside for the moment alkaloids and derivatives of opium, as being more suitable for discussion in connection with the Commission's resolution 5, the policy here suggested in regard to raw and prepared opium has been carried into effect, with a far wider scope, in articles 2-5 and 7-8 of the convention. These articles lay down that---
(1) The prohibition of exportation of raw or prepared opium to a country which prohibits the entry of such opium shall be of a general character, and not merely confined to seaports. (Articles 3 (a) and 8 (b).)
(2.) Where a country has not altogether prohibited the entry of such opium, but desires to place such entry under special restrictions, the exporting country shall co-operate in the enforcement of these restrictions, as, for instance, has been done by India in regard to China (Articles 3 (b) and 8 (c).)
(3.) The number of places through which opium may be exported, and in the case of raw opium imported also, shall be limited-in the case of prepared opium absolutely; in the case of raw opium as far as possible. (Articles 2 and 8 (a).)
(4.) The exportation, and in the case of raw opium the importation also, shall be confined to the agency of duly authorised persous. (Articles 5 and 8 (e).)
(5.) As a check on the evasion of these conditions, every consignment in excess of 5 kilog. of raw opium designed for exportation, and every such consignment of prepared opium shall be specially marked. (Articles 4 and 8 (d).)
145. Further, under article 7 the cutire suppression of the export and import trade in prepared opium is aimed at, either at once or, in the case of export, as soon as possible, so that in the future the traffic in this class of opium will be limited, in so far as it exists at all, to the interior commerce of each State. Indeed, but for the opposition of Portugal, the article would have suppressed the international trade in prepared opium without qualification as to delay, vide paragraphs 28, 30, and 31.
146. Then, again, article 15 lays special stress on the adoption of measures, in concert with the Chinese Government, for preventing the smuggling of opium and the other drugs mentioned by the convention between Chinese territory and the adjoining territories or neighbouring possessions of the treaty Powers.
Further, article 19 lays down that the contracting Powers which possess post-offices in China shull take effective measures to prohibit the illegal importation or transmission of postal packages containing raw or prepared opium.
147. Resolution No. 5 of the Shanghai Commission runs as follows:--
"That the International Opium Commission finds that the unrestricted manufacture, sale, and distribution of morphine already constitute a grave danger, and that the morphine habit shoes signs of spreading: the International Opium Commission, therefore, desires to urge strongly on all Governments that it is highly important that drastic measures should be taken by cach Government in its own territories and posses- sions to control the manufacture, sule, and distribution of this drug, and also of such other derivatives of opium as may appear on scientific enquiry to be liable to similar abuse and productive of like ill-effects.'
The policy advocated by this resolution finds its effect, with a far wider application, in Chapter III of the convention, which covers not merely (a) morphine, but (6) cocaine, (e) the salts of morphine and cocaine, (d) medicinal opium, (e) heroine and its salts, (f) all preparations containing more than 2 per cent. of morphine or 1 per cent. of cocaine and heroine, and (g) every other derivative of the above drugs which generally
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recognised scientific research may find to be giving rise to the same evil effects as the parent drugs (definition clause to Chapter III and article 14).
148. In regard to these drugs, the contracting Powers pledge themselves :-----
I. Generally-
(a.) To limit by law or regulation the manufacture, sale, and use of the drugs in question to medical and legitimate purposes, and to co-operate with one another to prevent their use for other objects (article 9).
(b) To use their best endeavours to control the persons who manufacture, import, sell, distribute, or export the drugs, as well as the buildings in which such processes are carried on (article 10).
II. Specifically-
(a.) As regards internal regulations—~(1.) To require the manufacture of the drugs in question to be carried out in licensed premises, or at any rate to register such premises (article 10 (a)).
(2.) To require that all persons who manufacture, import, sell, distribute or export the drugs shall do so under general or specific permission, or shall at any rate apprise the authorities of their actions (article 10 (b)).
(3.) To require from all persons engaged in manufacture, importation, sale, distribution, or export a quantitative record of their transactions, provided that such records need not be required in the case of deliveries consequent on medical prescription. or of sales by duly authorised pharmacists (article 10 (e)).
(4.) To prohibit in their internal trade all delivery of the drugs to persons not duly authorised to receive them (article 11).
(b.) As regards international traffic-(1.) To use their best endeavours, due regard being had to the differences of their conditions, to confine the import of the drugs to authorised persons (article 12).
(2.) To use their best endeavours to prevent export of the drugs to other countries, except where the consignees in the country of destination are duly authorised to receive the drugs; and with this object any Government can communicate to the Government of an exporting country lists of persons authorised to obtain the drugs (article 18).
149. Stipulations of the above character are of special importance, as recognising that, owing to the facility with which the drugs in question can be smuggled, it is not sufficient for a country like India or China to forbid their importation or possession save for recognised medical purposes. Such internal legislation must be assisted by international co-operation in the shape of control over manufacture and distribution in the producing countries, and this has now been agreed to.
150. Article 20, again, pledges the contracting Powers, as in the case of opium, to consider the possibility of making penal the illegal possession of morphine, cocaine, &c., while the provisions of articles 15 and 19, which have special relation to China and have been cited in paragraph 146 above, apply to these drugs as well as to opium.
151. Shanghai resolution No. 6 is as follows:--
That as the International Opium Commission is not constituted in such a manner as to permit the investigation from a scientific point of view of anti-opium remedies and of the properties and effects of opium and its products, but deems such investigation to be of the highest importance, the International Opium Commission desires that each delegation shall recommend this branch of the subject to its own Government for such action as that Government may think necessary,”
The conference decided that the best method of dealing with this matter was to treat so-called anti-opium remedies which contain more than 2 per cent. of morphine or 1 per cent. of cocaine in the same way as other preparations of like character, that is, as morphine and cocaine, vide article 14 (b). In short, the production, distribution, and sale of anti-opium remedies will be confined to their use, if such there be, for legitimate medical purposes.
152. No. 7 of the Shanghai resolutions was as follows :---
"That the International Opium Commission strongly urges all Governments possessing concessions or settlements in China, which have not yet taken effective action
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