1844-11-26 — Page 1

26th November 1844

Present His Excellency the Governor

Honorable Major General D'Aguilar

Honorable The Chief Justice

Honorable R. M. Martin

The Attorney General as Legal Adviser to Government was summoned to attend and was present accordingly.

"An Ordinance for the better regulation of the Harbour and surrounding Waters of the Island of Hongkong" was read a second time and passed.

"An Ordinance for licensing the sale of Salt and Opium within the Colony of Hongkong and for the licensing of Pawnbroker and Auctioneers" with a table of fees on Official Licenses and Signatures" was read a second time and passed.

Note ----- The perfect understanding now established between the Imperial Commissioner Keying and His Excellency the Plenipotentiary, that on the subject of Opium the British and Chinese Government shall adopt their own Rules and Regulations, respectively with reference to their own subjects leaves no scruple whatever as to taxing Opium within Hongkong; while the Chinese Government itself openly admits Opium within its Ports of Trade. With regard to the moral effects of Opium, the Governor agrees in opinion with Sir Henry Pottinger, and classes it with spirits and such other unnecessary stimulants. He therefore does not hesitate to adopt the recommendation of Her Majesty's Government previous to his departure, and to raise a tax from the consumption of Opium within the Colony.

The foregoing observations become in some degree necessary in consequence of the subjoined Paper, presented this day for the first time at the final reading and passing of the Ordinance in question though Mr. Martin was present throughout the first reading and discussion, as appears from this Minute Book. It is to be observed, also, that the Paper is a dated as far back as the 26th May, and, being presented after the Measure has been decided on, is Dissentient on it six months before it was brought under consideration.

Dissentient on the proposition for licensing the retail consumption of Opium in their Colony on the following grounds:

1st Because the consumption of Opium is not necessary to the subsistence of health of man and is therefore a vicious indulgence.

2nd Because the use of Opium is not only a Vice in itself, but the Parent of many other vices and whoever indulges in Opium never ceases its use until death and poverty ensue.

3rd Because it is no justification to say that as Gin, Beer, Wine, and other fermented liquors are stimulants & attended with pernicious consequences when used continuously in excess that therefore the use of Opium may also be licensed by Govt. The experience of civilized Nations in all time has shown that fermented liquors are advantageous to the healthful energy of man, but no experience has shown that Opium is beneficial to the body or mind of man individually or collectively.

4th Because no Government ought to make private Vice a source of public Revenue.

5th Because independent of the foregoing and other considerations the peculiar position in which England at present stands towards the Chinese Govt. on this subject; the strong feeling entertained by a very large & influential portion of the British Community at home respecting the sale of Opium in China, and the risk which His Excellency incurs of creating an unfavourable impression against his Government without any corresponding fiscal advantage to the State renders it unadvisable to license the consumption of Opium in this Colony.

Desirous of earnestly and faithfully aiding His Excellency these remarks are offered for the Governor's consideration with great respect.

(signed) R. M. Martin

26th May 1844

Hongkong

(signed) J. F. Davis

Read and approved

this 11th day of December 1844

(signed) A. E. Shelley

Clerk of the Council.