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13. At the third session approval was also given to the heads of discussion which the Programme Committee had thought suitable in respect to raw and prepared opium; and a resolution that the participating Governments ought to enact effective laws and regulations for the control of the production and distribution of raw opium was proposed by the British delegation.
14. At the fourth session (8th December) the consideration of this resolution was continued, and included some discussion on the information contained in the first of the reports above mentioned (Appendix ). Finally the resolution was carried unanimously, and forms the basis of article 1 of the present convention, the concluding proviso, à moins des lois ou des règlements existants n'aient déjà réglé la matière, having been added here as in some other articles.
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15. The British delegation then presented a resolution to the effect that each participating Government should strictly limit the number of places through which raw opium may be exported or imported. The German delegation opposed this proposal on the ground that while it might be suitable for countries with a limited number of seaports, and where opium was received or sent out in bulk, it could not be applied to Germany, with its extended land frontiers and its network of railways, where, moreover, opium was often sent in small quantities in the same package with other chemicals. At the fifth session (11th December), therefore, they proposed an amendment, which made the resolution run thus: "That every Government participating in the conference shall limit, as far as is consistent with its own trade conditions, the number of places through which the exportation or importation of raw opium shall be allowed." The resolution as thus amended was carried unanimously, and forms the basis of article 2 of the convention.
16. At this (fifth) session the British delegation moved a resolution to the effect that the participating Governments should adopt measures-→→
(1.) To prevent the export of raw opium to countries that had prohibited its entry; and
(2.) Similarly to control the export of raw opium to countries which restricted its import.
The Portuguese delegation proposed the insertion of the words "by special agreement or otherwise" after the words "adopt measures," appealing to the precedent afforded by the negotiations between Great Britain and China on the subject of Indian opium. The Chinese delegation demurred to this amendment on the ground that the circumstances in regard to Indian opium were special, and that there was no reason why a similar procedure should be followed with reference to other Powers-whose territories did not produce opium on a large scale.
As we pointed out in the course of the debate, the real point at issue was the observance by Portugal, along with the other treaty Powers, of the Anglo- Chinese agreement of the 8th May, 1911, for in that case the Portuguese could only deal with Indian opium "certificated" for export to China, and from the Chinese point of-view it did not matter through what precise channel such opium came into China. We, therefore, accepted the Portuguese amendment, and thus amended, the resolution was carried, though China, the United States, and Persia reserved their votes.
17. Later (at the twenty-first and twenty-second sessions), on the second reading of article 3 of the convention, which reproduced the terms of the resolution, the Chinese moved the omission of the words "by special agreement or otherwise" (par convention spéciale ou autrement), and in view of the emphatic declaration they then made that, so amended, the article would not be used to affect existing treaties, we supported their amendment, which was carried, with a dissent by Portugal, subsequently withdrawn at the twenty-fourth session.
18. To revert to the fifth session, the British delegation next proposed a resolution to the effect that each participating Government should notify all consignments of raw opium to such other participating Governments as might desire the information, but after some criticism this was withdrawn as impossible of general application.
19. The next resolution we moved was that every package containing raw opium intended for export should be so marked as to indicate its contents, and this was accepted with a German amendment that it should only apply to packages exceeding 5 kilog. in weight, the Germans explaining that they could not deal with smaller packages, the bulk of whose contents often consisted of other matters besides opium. The resolution as finally passed forms the basis of article 4 of the convention.
20. The British delegation then proposed a resolution that each participating
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Government should prohibit the export and import of raw opium save through the agency of specially authorised persons, and this was passed with an amendment duly" for "specially." suggested by the German delegation substituting the word “ The resolution as thus amended forms the basis of article 5 of the convention.
21. The last resolution we proposed on this subject was that measures should be taken by the Universal Postal Union for regulating the transmission of taw opium through the post. This was carried, but does not find place in the articles of the convention, on the ground that the conference had no power to bind the Postal Union. It figures, therefore, as an expression of opinion (vou) in clause (1) of the final protocol. 22. The report of the Programme Committee on the matters to be discussed under the head of medicinal opium, morphine, and cocaine, &c., was then approved, and some discussion took place in regard to the fourth section of their proposed agenda, which simply specified anti-opium remedies without mentioning points which might be discussed thereunder. The action subsequently taken in regard to this matter will be found stated in paragraph 47, and was in accord with a suggestion made by us at this stage.
23. At the sixth session (the 12th December), the conference took up the subject of prepared opium, and the Netherlands delegation moved a resolution that the participating Powers should prohibit, as a general rule, the importation and exportation of this species of opium, subject to a proviso that, in certain circumstances, it might be On discussion allowed on board ship for the personal use of the crew during the voyage.
this proviso was withdrawn, and the original resolution was passed with one negative vote in the following form: Les Gouvernements participants à la conférence s'engagent à prohiber l'importation et l'exportation d'opium préparé. The resolution forms the basis of the first part of article 7 of the convention.
24. The American delegation then brought forward a series of further resolutions on the subject of prepared opium. Dr. Hamilton Wright had previously declared that these would not be put if the main part of the Dutch resolution above referred to was passed unanimously; but as one vote had been given against it, he held himself at liberty to proceed with his resolutions. The first of these was to the effect that such of the participating Powers as had not already prohibited the exportation of prepared opium should do so, or else should restrict the number of places through which prepared opium might be exported. After some amendments moved by ourselves and the Chinese delegation with the object of eliminating Portuguese opposition, the resolution was unanimously passed in the following terms :-
"Il est convenu que les pays représentés qui ne sont pas encore prêts à prohiber l'exportation de l'opium préparé la prohiberont aussitôt que possible, et restreindront en attendant le nombre de localités par lesquelles l'opium préparé pourra être exporté.”
This resolution now figures in the convention, partly in article 7 and partly as clause (a) of article 8.
25. The next American resolution was that the Governments represented should forbid the exportation of prepared opium to such countries as may forbid its entry, and that no prepared opium should be shipped to a country which wishes to restrict the entry of the drug unless in accordance with the regulations of the receiving country. This resolution was carried unanimously and forms the basis of clauses (b) and (c) of article 8 of the convention.
26. Two further resolutions of the American delegation were carried without opposition, and laid down (1) that any prepared opium which might be exported from one of the participating countries should bear a special mark of identification, and (2) that the export of prepared opium should only be allowed to specially authorised persons. These resolutions form the basis of clauses (d) and (e) of article 8 of the
convention.
27. The concluding American resolution, brought forward at this session, was that the Universal Postal Union should prohibit the transmission of prepared opium through the post. It was, however, pointed out that the conference had no power to bind the Postal Union in this manner, and the resolution was consequently carried in the following form :-
Qu'il est à désirer que des mesures soient adoptées par l'Union postale universelle pour réglementer la transmission de l'opium préparé par la paste.
It now finds place, like the similar resolution on the subject of raw opium, as a van in the final protocol, clause 1 (3).
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