CO129-457 - Public Offices - 1919 — Page 506

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Crowm Advocate, No. 70/19 of May 20, 19 19 to HM. Minister.

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I have the honour to acknowledge your despatch, received

under flying seal, through His Majesty's Consul General here, * asking me to draft King's Regulations prohibiting import and

export or dealing in opium by British Subjects.

I send herewith draft Urgent King's Regulations which, in

accordance with your instructions, have bean drawn on as

broad lines as possible. The definition of opium' in Article

2, is taken from the Wei haiwei Opium Ordinance of 1909, which

I drew and a copy of which is sent herewith for reference in

case more detailed local legislation is desired, as to the

licensed use of opium for medicinal purposes. The wording of

the definition is in accordance with a suggestion then made by

the Colonial Office, and is founded on the definition in the

Ceylon Optum Ordinance.

Article 2, the Prohibition Clause, has been made as wide,

I think, ás possible, and should be held to prohibit dealings

of any kind in opium in China by British Subjects.

The saving Clause in Article 2 is necessary to cover the

proper dealings in opium for medicinal purposes.

Article 3, the penalty clause, is in accordance with Ar-

tiche 13 of the China (Amendment) Order in Council 1907, and

Sub-sec ti on ⇓ of Article 155 of the China Order in Council

1904.

Article 4 of the draft provides for forfeiture of opium

in regard to which an offence has been committed; and provides

that such opium shall be dealt with as you may diract.

As you are aware, there is in force an Urgent King's Regu-

lation prohibiting the importation and manufacture of morphia

by British Subjects, the 'Morphia Prohibition Regulations No.

5 of 1908'. I do not think, however, any reference to those

Regulations are necessary in the present draft.

I have, etc. (Sd) H. P. Wilkinson.

Crown Advocate,