CO129-416 - Public Offices - 1914 — Page 182

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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concerned, our restriction of export is to be limited to those countries which adhere, and official lists are to be communicated by the various Governments of their subjects to whom alone any exported morphia, &c., is to be consigned.

The provisions with regard to morphia and cocaine have been extended by the convention so as to apply immediately to:-

1. Morphine and cocaine and their salts.

2. All preparations containing more than 0-2 per cent. of morphine, or more than 01 per cent. of cocaine.

3. Heroine and its salts, and preparations containing more than 0.1 per cent. of beroine.

4. Medicinal opium as defined in the convention.

Moreover, they are to be extended ultimately to other derivatives of opium or cocaine, should occasion require, and any legislation that may be framed should there- fore give power to extend the provisions of the Act to such other drugs by Order in Council.

Subject to these observations, legislation on the lines of the original proposals would appear to be sufficient to comply with the provisions of chapter III, articles 9-14 of the convention.

As regards manufacture, the number of manufacturers in the United Kingdom who prepare these drugs from the raw product is known to be small. Probably not more than six firms actually manufacture morphia, though there are many others who manufacture preparations which contain it. It is probably undesirable to establish an excise duty for these products or to put the manufacture under the control of a revenue department, but there is no reason why a moderately heavy licence duty should not be instituted. The inspection would not in this case be of the continuous character applicable to exciseable articles, but would be an inspection of books and registers from time to time, whose accuracy would only be challenged where fraud or attemped smuggling were suspected.

It is for consideration whether the manufacture of preparations containing the drugs should not be subject to a different and cheaper licence than the actual manufacture of the salts themselves.

As regards dealing, the idea was to confine the right to sell these drugs to (1) licensed manufacturers, and (2) registered pharmaceutical chemists or chemists and druggists, subject, of course, to the right of qualified medical practitioners to dispense their own medicines. In the case of chemists, it would be desirable that the records of sale should be kept in a separate register from that relating to the sale of other poisons. Under the existing Pharmacy Acts there is no restriction on the sale of preparations containing less than 1 per cent. of morphine salts, and the provisions respecting the sale of poisons permit of any private individual purchasing. We seem to be committed to prohibiting the sale of any of the drugs referred to in this chapter of the convention to any person except (1) a licensed dealer, (2) a qualified medical practitioner, or (3) a private person who can produce an order or prescription from a qualified medical practitioner.

This will of course put an end altogether to the sale of numerous patent medicines, as well as to the sale by chemists of their own preparations of laudanum, &c. As regards importation, only licensed dealers (including manufacturers and chemists) and medical practitioners should be permitted to import.

As regards exportation, it is not perhaps necessary to require, as originally suggested, that the exporter should produce every time a certificate of authorisation, but the customs should be empowered to prohitit exports consigned to any other person than one on a departmental list, which should either be published from time to time or at least be available to persons interested, and which will, of course, be based on the lists furnished by our various dominions and colonies and the Governments of the acceding

countries.

It remains to consider briefly our obligations as regards (1) prepared opium and (2) raw opium.

As regards the former (ie., opium prepared for smoking), there seems to be no reason why we should not, in the proposed new Act, prohibit its manufacture, sale, import and export, as from the passing of the Act.

As regards raw opium, we need not concern ourselves with its production. It is open to question as to what obligations we are under in regard to article 5 of the convention. I do not see any ground for limiting either the trade in the United

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Kingdom or the export from the United Kingdom of raw opium to the same restricted circle of persons, who will be permitted to deal with morphia, and it is suggested that we might give the necessary authorisation in this case on easy terms.

As regards article 2 of the convention, opium is in fact mainly imported at London and Liverpool, but it might be well to ascertain particulars from the customs as to other ports through which it passes. The limitation of the trade to particular ports should be left to Order in Council.

As regards article 3, we only want general legislative powers to prohibit or restrict the export of opium to particular countries, leaving detailed restrictions to Order in Council.

Article 4 will have to be dealt with by a provision empowering the customs to lay down regulations as to the way in which exported opium shall be marked.

H. F.

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