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Regulations and Restrictions regarding Opium in Great Britain and its Possessions, etc.

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Reports - Report of the International Opium Commission

Drug Abuse

PAPER I.—GREAT BRITAIN.

In Great Britain the importation and exportation of opium is not subject to anv restriction under Customs law or departmental regulations and the only provision ot the Pharmacy Act, 186S, which affects the exportation of the drug, is that it must be labelled " Poison."

Under Section 17 of the above Act it is unlawful to sell opium either by whole-sale or by retail, unless the box, bottle, vessel, wrapper, or cover, in which such opium is contained, be distinctly labelled with the name Opium and the word Poison and with the name and address of the seller of the poison, and any person selling opium otherwise than as above provided is liable to a penalty, on a summary conviction, not exceeding L5 for the first offence, and to a penalty not exceeding Lio for the second or any subsequent offence, and the person, on whose behalf any sale is made by any apprentice or servant, is deemed to be the seller ; but the requirement that the label shall contain the name and address of the seller does not apply to opium to be exported from Great Britain by wholesale dealers nor to sales by wholesale to retail dealers in the ordinary course of wholesale dealing; nor do arty provisions of Section 17 of the Pharmacy Act apply to any medicine supplied by a leg-ally qualified apothecary to his patient nor to any poison when forming part of the ingredients of any medicine dispensed by a person registered under the Act, provided such medicine be labelled with the name and address of the seller and the ingredients thereof be entered, with the name of the person to whom it is sold and delivered, in a book to be kept by the seller for that purpose.

The non-adulteration of drugs (opium) is provided for by Sections 4-7 of "The Sale of Food and Drugs Act, 1875" and penalties are attached for wilful adulteration.
There are no special Police Regulations regarding the use of Opium in Great Britain. There are a number of Chinese boarding-houses for the accommodation of Chinese sailors ; and, so far as London is concerned, they are under the supervision of the London County Council as lodging-houses. The Chinese smoke opium in the bedrooms of these houses, but the practice is rather on the decrease than otherwise.
The following Table gives the import into, the re-export from, and the net import of opium into Great Britain during the years 1904-08:—

shanghai048

PAPER I I.—WEIHAIWEI.

Dealing in prepared opium in the territory of Weihaiwei is regulated by an Ordinance called the " Prepared Opium Ordinance, 1905." The preparation of raw opium for smoking and the sale of prepared opium are let to a " Farmer " for a term of years, and no prepared opium can be imported into the Weihaiwei territory except by the " Farmer," his licensees, or persons authorized in writing by the " Farmer" so to import. Excise officers maintained by the " Farmer" are appointed by the Government of the territory. Divans are licensed by the Government.

During the last five years the total import of foreign opium into Weihaiwei was 97 chests, and of native opium for the last two and a half years 1 1 2,000 Chinese ounces, while the quantity prepared annually by the " Farmer " amounted to about 8o,000 Chinese ounces. In other words, the average annual import of foreign opium during the last five years was 19i chests and of native opium for the last two and a half years 44,800 C:hinese ounces. The present number of divans in Weihaiwei is 18.
Appended is the Weihaiwei " Prepared Opium Ordinance, 1905."

PAPER I I I.—HONGKONG.

The trade, etc., in opium in Hongkong is regulated by Hongkong Ordinances, viz:— " The Raw Opium Ordinance, 1887," " The Prepared Opium Ordinance, 1891," and "The Prepared Opium Amendment Ordinances of 1906 and 1908."
The Raw Opium Ordinance of 1887 deals with the question of loose opium and the procedure to be adopted in the case of importation, possession, movement, and exportation of raw opium.

The Prepared Opium Ordinance of 189i deals with the appointment, duties, offences, etc., of Excise Officers, the importation, preparation and sale of prepared and dross opium, the opening and licensing of opium divans, and the farming of the preparation and sale of prepared and dross opium.

The Prepared Opium Amendment Ordinance, 1908 prohibits the exportation of prepared opium to China and to French Indo-China except in small quantities for the per-sonal use of passengers. The quantity for each passenger is limited to 5 mace for every day of duration of the voyage. The Ordinance repeals Section 4i (I) of " The Prepared Opium Ordinance, 1891" and substitutes the following :—" No person shall bring or have in his possession on board any ship,

(a) Which is bound for or about to proceed to Canton or Macao, any raw opium exceeding two taels in weight;

( b) Which is bound for or about to proceed to Macao, any prepared opium exceed-ing two taels in weight ;

unless the same is entered on the manifest of the ship."

The opium farm was let on the st of March 1907 for a term of three years at a rental of $121,000 a month. By the terms of his Agreement the farmer is allowed to boil a maximum of 5 chests of opium a day. There are 190 opium divans in the Colony, i.e., one for every 1,047 of the Chinese adult male population.

The retail price of prepared opium at the present time per tael of 583.3 grains is to opium divans $3.23 (say 5s. 6d.) and to the public $3.48 (say 6s.). The minimum quantities sold to any one person are taels 0.047 of prepared opium and taels 0,07 of dross opium.
Appended are copies of the Ordinances mentioned above and of Regulations regarding divans.

shanghai049

PAPER TV.-THE STRAITS SETTLEMENTS AND FEDERATED MALAY STATES.

In each of the Straits Settlements—Singapore, Penang and Malacca—the preparation, sale, import and export of prepared opium, and the purchase of opium dross are let to a " Farmer" for a term of three years in consideration of a monthly payment of a certain fixed sum. The leases of the three " farms " 110 \ V current commenced on the ist of January 1906 and expire on December 31 1909. The rights of the "Farmers " are regulated by Straits Settlements Ordinance No. XX of 1906, which is appended. The quality, sale, and price of prepared opium are controlled by Government by Rules made under Section 83 of this ordinance. A copy of these Rules is annexed. Shops for the retail of prepared and dross opium are licensed by the Government, the cost of a license being $12 per annum. Opium-smoking divans with a license to retail prepared and dross opium are also licensed by the Government at an annual fee of from $24 to $36 according to neighbourhood.

The present price at which Chandu is retailed varies from $3 to $3.50 per tael ($1=2s. 4d.; tael=583.3 grains).

The following- tables give the import and export of opium into and from Singapore and Penang during the five years from 1902-06:—

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shanghai051

There were, in addition, exports of 284, 315, 239, 235 and 246 chests (each chest=t,o0o taels weight) of prepared opium in 1902, 1903, 19o4, 1905 and 1906, respectively.

FEDERATED MALAY STATES.

As regards the Federated Malay States of Perak, Selangor, and Negri Sembilan, the systems obtaining in them reg-arding opium are identical. Each of these three States is divided into coast and inland c-listricts, and in Negri Sembilan the district contiguous to the Malacca boundary is treated for opium revenue purposes as though it were a coast district. In the inland districts there is an import duty of $56o ($1.-- 2s. 4c1.) per chest of 4o balls on raw opium levied by the Government and the Government issues licenses to prepare and deal in prepared opium.

For a license to manufacture and retail prepared opium for consumption on or off the premises the fee is $6o per annum; to manufacture and retail prepared opium for consumption off the premises $6o; to retail prepared opium for consumption on the premises $48; and to retail prepared opium for consumption off the premises $24.

In the coast districts the revenue derived from opium consists of an import duty of $560 per chest collected by the Government and the proceeds of a monopoly of prepared opium which is "farmed" for monthly sums to Syndicates known as Coast Chandu Farmers who have the exclusive right of preparing, selling, and licensing others to sell prepared opium within the coast districts of the various States. The maximum price at which prepared opium may be sold within the farm areas is prescribed by law and is at present $2.3o per tael, i.e., rouç,rhly twice the actual cost of the prepared opium and about three-quarters of the price within the Straits Settlements farm areas.

In the Eastern State of Pahang the import duty on opium is $44o per chest; but, unlike the system which prevails in the Western States, its collection is leased to a Syndicate known as The Opium Import Duties Farmer. The Coast Chandu Farm system and the collection of fees on Cliandu shop licenses in the inland districts obtain exactly as in the Western States. The whole of the exclusive rights leased by the Governinent of Pahang are let together to one Syndicate known as the General Farmer for a monthly farm rent.

All the farms of the Straits Settlements ancl Federated Malay States expire together on the 3ist December 1909.

The following table gives the imports of opium into the Federated Malay States for the years 1902-1907 :—

shanghai052

The    various    enactments dealing with opium and chandu (prepared opium) in the Federated Malay States are annexed.

Since the 1st of December 1908 the import duty upon opium throughout the Federated Malay States has been raised to $1,200 per chest.

On the 19th of July 1907 the Governor of the Straits Settlements appointed a Commission of six members for the purpose of inquiring into—

(I) The extent to which excessive indulgence in the smoking of opium prevails in the Straits Settlements.

(2) Whether the smoking of opium—

(a) in moderation

(b) in excess

has increased in the Straits Settlements.

(3) The steps that should, in their opinion, be taken by the Government to minimize and eventually to eradicate the evils arising from the smoking of opium in the Straits Settle-ments, and the inquiry was later extended to the Federated Malay States.
The conclusions arrived at by the Commission and presented in a report dated the 15th June 1908 were as follows:—
We find that the vast majority of smokers indulge to an extent that may properly be called moderate, and that excessive indulgence occurs only in isolated instances.
• We find that there has been no increase in the prevalence of the habit, and in this we include use in moderation and use in excess, during the past decade.
We do not find it proved that the evils arising from the use of opium have in any way increased during the past decade. We consider, however, that the circumstances surrounding the use of opium justify the Government in maintaining a closer and stricter control over it and we therefore recommend that the present system of farming the opium revenue be abolished and that a Government monopoly of the preparation and distribution of chandu be substituted.
We further consider that steps should be taken by the Government to suppress the use of opium in brothels.
We recommend that improvements should be made in the arrangements of existing opium-smoking shops, but we consider there is no necessity or justification for the abolition of such shops.
We recommend that the access of all women to licensed opium-shops be prohibited and we further recommend that the sale of chandu to all women and to children under 18 years of age be made an offence.
We consider that the price of chandu at present obtaining in the Straits Settlements is sufficiently prohibitive, but we are of opinion that the price in the Federated Malay States should be gradually raised to the price obtaining in the Colony.
Bishop Oldham, a member of the Commission, wrote the following note of dissent from the findings of the other Commissioners and the personal note also reproduced below. Memorandum of Dissent by the Revd. Bishop W. F. Oldham, D.D.

FROM THE MAJORITY REPORT.

" In writing this note of dissent from the finds of the other Commissioners, I do not cite paragraphs or enter into details, but would briefly sum up my finds on the three questions asked:—

I.—Much evidence shows that the course of the opium user is from "playing with the pipe" occasionally, to the steady use, in which the tendency is to an increase of the daily dose. There is, from this time, pressure upon the individual's money and time to minister to the appetite already fixed. At stated times every day the drug must be used, or the person be utterly unfit for work. Whether the close be large or small unfitness for the daily task is

the penalty of omitting- it. This, with the fact that, circumstances permitting, the dose tends to increase until it reaches large proportions, leads one to conclude that "moderation " in opium smoking does not exist.
2.—The implications of (i)—being noted—no dissent.

3.-I agree with all but the last paragraph, for which I would substitute :—

" We are of opinion that the price of chandu in the Federated Malay States should be gradually raised to the price obtaining in the Colony, and that as public opinion grows, and all classes demand further restriction, the Government department having the matter in charge should be empowered to increase the price of chandu, or adopt such other measures as may lead to the increased restriction and ultimate extinction of the opium traffic. Both in restriction and ultimate prohibition, Government action should not be permitted to lag behind Chinese public opinion.

(Signed) W. F. OLDHAM."
New York, U.S.A.,
27th July 19o8.

PERSONAL NOTE BY THE REV. BISHOP W. F. OLDHAM, D.D.

" When asked to accept the appointment to the Commission on opium, I was told the conclusions would be reached in six months. The end of this period left the Commission far from concluding this work. I was therefore unable to meet with the other Commissioners when making their findings.

"I am obliged now, with regret and some hesitation, to express dissent from some conclusions reached, though I ag-ree in the main with the practical measures outlined.

" And while wholly in sympathy with what is called the Anti-opium ' view, I would earnestly advise against any sudden measures of repression which would outrun public opinion, disorganize the finances of the Colony, and work harm rather than good to a considerable body of users of opium who have acquired the habit and who steadfastly believe that their health would be sacrificed in any attempt to suddenly cease the use of the drug without ample provision for medical help.

" All the parties to the traffic which is now perceived, more or less clearly, not to be conducive to the public good, must patiently and intellig-ently find their way to better methods of restriction until by successive steps prohibition is reached. Haste and suddenness now are to be deprecated quite as much as lethargy and inaction.

(Sig-ned) W. F. OLDHAM."
New York, U.S.A., 27th July i9o8.
A copy of the report referred to above is annexed.

PAPER V.—CEYLON.

On the i2th of June 19o7 a Committee was appointed by the Government of Ceylon to enquire into and report upon the importation, sale, and consumption of opium in the Colony. The Committee reported on the sth December 1907 and the following recommendations contained in the report were adopted by the Government and put in force from the 1st of January i9o9

(I) That the present system of renting and licensing (in accordance with the Opium Ordinance 1899) be abandoned.
(2) That all opium-shops be closed on the expiration of existing licenses.
(3) That the importation, distribution, and sale of the crude drug be made a Govern-ment monopoly.

(4) That for every opium-shop closed the nearest Government dispensary be made available for the distribution of the drug to all habitual adult smokers of the same who may come forward to register their names for a certain quantity to be periodically given out and paid for in cash.
(The Government have further taken steps to ensure that the retailers of the drug have no interest of any kind in the quantity dispensed.)    •
(5) That the use of the drug, except for medical purposes, should be entirely prohibited after a definite period.
(6) That a system of careful inspection be introduced by the appointment of special officers under the direction of the principal civil medical officer.
At the time the committee was appointed there were 65 opium-shops in the island. There were no divans and the eating- or smoking of opium in the shops was forbidden. Only raw opium was sold.
The imports of opium into Ceylon for the five years from 19o2 to 1906 vvere as follows:—
lbs.
19o,     21,278
1903   
1904.    21,692
1905   
1906    18,885

PAPER VI.-AUSTRALIA.

The Commonwealth of Australia was invited by the Colonial Office to send a delegate to the International Opium Commission at Shanghai, but preferred to send, for the information of the Commission, a report shewing what has been done with regard to the prohibition of the import of smoking opium into Australia. The Report shews that on the i9th of October 19o5 a motion, proposed in the House of Representatives, "that in the opinion of this House the importation of opium for other than medicinal purposes should be prohibited " was agreed to unanimously, and in accordance with Section 52 (g) to the Commonwealth Customs Act 19o1 which enacts that the following are prohibited imports "all goods the importation of which may be prohibited by proclamation," a proclamation dated the 29th December 1905 was issued by the Governor-General of the Commonwealth proclaiming that, from the 1st January 1906, the importation of opium, suitable for smoking, into Australia shall be prohibited absolutely, and that the importation of opium not suitable for smoking into Australia shall be prohibited unless such opium is imported in accordance with the following conditions and restrictions :—
(I) The opium shall only be imported for medicinal use, and by persons licensed, in accordance with this proclamation, to import opium.
(2) A license to import opium may be granted by the Collector of Customs for a State to any legally qualified medical practitioner or person lawfully carrying on business as a wholesale manufacturing chemist or druggist or pharmaceutical chemist.
(3) A license to import opium shall be for a period of one year, and may be renewed from time to time for a like period.
The Report, copy of which with various papers attached thereto is annexed, recites the steps taken to ensure compliance with the law and the position of the State laws in regard to opium-smoking. The powers of the Commonwealth Government, it asserts, are not sufficient to ensure the suppression of opium dens because the mere possession of the drug is not an offence against Commonwealth law ; but it is intended to introduce into Parliament a measure to amend the Customs Act so as to make mere possession of the drug a highly punishable offence.
The position of the State Laws is as follows :—

NEW SOUTH WALES.

A Bill to control the opium traffic in New South Wales has been introduced into the Parliament of that State.

VICTORIA.

The " Opium Smoking Prohibition Act 1905," which came into operation on 1st May 1906, made it a penal offence (t) to smoke opium, or (2) to sell, deal or traffic in opium in any form suitable for smoking, or (3) to prepare or manufacture opium in any form suitable for smoking, or (4) to have in one's possession, order or disposition opium in any form suitable for smoking.

OUEENSLAND.

The question of introducing legislation on the matter is to leceive the serious considera-tion of the Government of this State.

SOUTH AUSTRALIA.

Parliament passed an Act in 1903 similar to the Victorian Act.

TASMANIA.

The " Opium Smoking Prohibition Act 1906," dating from ist January 1907, is similar to the Victorian Act.

WESTERN AUSTRALIA.

The Government is prepared in introduce a measure in similar terms to the Acts in force in Victoria, South Australia, and Tasmania.
To prevent the production of opium in Australia, the Commonwealth Government proposes to introduce a bill into Parliament to prevent the manufactuie of opium by imposing a prohibitive excise duty.
The following Table gives the extent of the import of opium into the Commonwealth prior to the date of the prohibition :—
i9oi (including opium for medicinal purposes)... 19o2    do.    do.    lbs.
1-9o3 (smoking opium only)    56,473 59,762 42,429 34,369 47,116
9o4    do.   
1905    do.