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The German Empire and Kiaochow PDF Print E-mail
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Reports - Report of the International Opium Commission

.REPORT OF THE GERMAN DELEGATES TO THE INTERNATIONAL OPIUM COMMISSION.

PART 1.—THE GERMAN EMPIRE.

1.—The Imperial Ordinance of the 22nd of October .r9o.r, regarding the sale of medicines (see Reichsgesetzblatt 19o1, page 38o).
According to §I certain preparations as solid, or liquid extracts, dry and liquid mixtures, solutions, tabloids, pills, plasters, ointments, etc., shall, for medical purposes, only be sold by apothecaries. Paragraph 2 provides that opium, its alcaloids and their salts and other derivatives as well as their salts shall, for medical purposes, only be sold by apothecaries. These provisions do not apply to wholesale dealers nor to sales to apothecaries and public institutes serving scientific research or instructive purposes (§3).

2.—The Regulations regarding the sale of certain pozvedizl medicines and the condition and designation of receptacles in chemist's shops (see Ver6ffentlichungen des Kaiserlichen Gesundheitsamts 1896, page 445 and IS9S, page 38o) have been approved by the Federal Council (Bundesrat) and were uniformly published by all the Federal States.
According to §I opium, extractum opii, tinctura opii crocata, tinctura opii simplex, pulvis ipecacuanhae opiatus, morphine and its salts and other preparations containing these drugs and mixtures shall only be delivered on a written prescription showing- the date and the signature of a physician, a dental or a veterinary surgeon. In certain cases—if for instance solutions of morphine and its salts are required for subcutaneous injection—a new prescription has to be produced for each individual dose (§4). \Vithout prescription may be dispensed :

(a) opium if contained in plasters and ointments ;
(b) opium extract if contained in ointments;
(c) tinctura opii simplex and crocata in liquid mixtures not containing more than io per cent. of the tincture.

3.—The Medicine Code for the German Empire (Arzneibuch    das Deutsche Reich

4. Ausgabe 19oo) contains descriptions of the various medicines and shows the so-called maximum doses for adults. It provides that for medical purposes only opium from Asia Minor containing io to 12 per cent. morphine shall be used. Opium (including- extractum opii, tinctura opii crocata, tinctura opii simplex, pulvis ipecacuanhae opiatus) and morphinum hydrochloricum shall, in chemist's shops, be kept separate from other medicines and be handled with care.

4.—The Regzzlations regarding the sale of poisons (see Verbffentlichungen des Kaiser-lichen Gesundheitsamts 1894, page 913, 1901, page 598 and 1906, page 259) have been approved by the Federal Council and were uniformly published by all the Federal States. These regulations contain provisions for the sale of opium and morphine and their prepara-tions for other than medical puzposes. Articles of this kind shall be stored in systematic order and be kept separate from other goods, especially from provisions (§2). The receptacles shall be distinctly labelled with the name of the article and also with the indication " poison." Wholesale dealers may apply other means of designation provided that the articles are rendered distinguishable (§4). Receptacles and utensils used for such articles as scales, mortars, spoons, etc., shall be clearly marked with the name "poison" (§8). Poisons shall be sold only to reliable persons for lawful purposes. A certificate from the police has to be produced in case of uncertainty as to the purpose of the buyer (§12). Poisons shall be sold only against receipt from the purchaser and shall be entered in the so-called poison book (§ir and §13). Wholesale dealers may effect sales to retail dealers, to manufacturers or to public institutes serving scientific research or instructive purposes without such receipts or bookings provided that they are able to prove to whom the articles have been sold (§13 section 4 §ri section 2).
In most of the Federal States the sale of poisons can be carried on only by persons holding a license.

5.—According to §367 of the Penal Code for the German Empire any person selling medicines and poisons contrary to the laws and regulations shall be liable to a maximum fine of 15o Marks.

PART I I .—K IAOCHOW.

1.—Ordinance regarding Opium (See Amtsblatt    das Deutsche Kiautschou Gebiet 19o2, No. 14).

In substitution of the ordinance of the 23rd of January 1900 regarding the importation and the control of opium and of the regulations made the 23rd of January 19oo and the Isth of September 19oo with regard to the consumption of opium in the German Protectorate, be it enacted to take effect from the 1st of .April 1902 as follows:

I. General Provisions.

§1

The cultivation of the poppy is prohibited in the protectorate. Any poppy grown contrary to this provision shall be destroyed.

§2

Opium shall only be impoited in the original packages. The importation in quantities less than one chest and the importation of prepared opium is prohibited.
Any opium imported by sea shall forthwith be reported to the Custom House upon arrival of the ship. The Custom House officer shall control the removal of the opium to the bonded warehouse and he shall be authorized to stop suspicious goods for examination. The captain is bound to facilitate the examination as far as possible.
Importations by land shall only be made by railway as fast freight covered by a bill of lading-. Any other manner of importation of opium by land, especially as personal luggage is prohibited. The railway company shall report any importation of opium to the Custom House officer who shall control the removal of the same to the bonded warehouse.

§3

An Import duty of Hk.T1s. lio per picul shall be collected on foreign opium and of Hk.TIs. 6o per picul on native opium* imported for consumption in the German Protectorate. On payment of the duty the packages shall be stamped by the Custom House officer, whereupon it shall be lawful for any importer to ietail the opium to licensed keepers of divans, the sale being effected by a delivery order on the bonded warehouse.
For the consumption of those wishing to smoke at their homes (i.e., private smokers) the opium shall, under the supervision of the Government and of the Custom House, be prepared, packed in tins and retailed to dealers holding a special license.

2. Special Provisions.

§4

Any person wishing to open an opium divan shall first obtain a license. Any divan keeper holding such license shall be allowed to buy and to prepare opium and to sell it for iinmediate use. It is unlawful for any divan keeper to sell opium for use outside the divan.
* Since raised to Tls. 115 per picul.

§5

Opium from bonded warehouses shall be delivered to divan keepers and to retail dealers producing a license and a delivery order from the importer. The delivery. order shall specify the quantity of opium and the name of the divan keeper or the retail dealer.

§6

The delivery order shall be retained at the bonded warehouse and the contents thereof' shall be entered in a book showing at any. time the number of chests stored at the warehouse and how and to whom they were disposed of. The Custom House officer shall note on the back of the license the quantity. removed from the warehouse.

§7

For evely license granted for keeping a divan an annual tax shall be collected, the amount of which shall be calculated according to the number of the lamps. The tax up to io lamps shall be $io, up to zo lamps $2o and so on. An additional tax of $o.5o shall be collected for each lamp on the first of every month.

§8

Any divan keeper shall guarantee by two reliable sureties being either shopkeepers or landowners.
(a) that only opium bought from the bonded warehouse and bearing the official stamp be prepared on his premises ;
(b) that onlypreparedopium for immediate use in the divan be sold on his premises;
(c) that a register be kept showing the purchases and the consumption.

§9

Opium divans must display a special signboard.
A license shall be granted under the following conditions :—
(a) that opium shall be prepared under the supervision of the opium official to whom the date fixed for the boiling shall be reported unless special dates for boiling have been fixed;
(b) that licenses are not transferable and are good only for the locality therein mentioned. Permission shall be first obtained from the opium official in case a change of the location is intended;
(c) that adulteration of the opium is prohibited ;
(d) that the premises and the divan shall be closed at midnight; that, however, the divan shall not be closed up to that hour as long as guests are in the divan ;
(e) that an opium divan shall be open at all times to the inspection of the opium official and of the police. The divan keeper shall not sell or furnish opium to the Chinese members of the Police force;
(f) that women and children shall not be admitted ;
(g) that no disturbance or nuisance shall be allowed on the premises;
(h) that precautions shall be taken against fire. The doors must open outward ;
(i) that lamps and other utensils shall not be removed from the premises for outside use ;
(k) that the stamped wrappers enveloping the opium shall be retained and delivered to inspecting opium official;
(/) that the instructions of the opium official shall be observed;
(m) that the divan keeper shall be responsible for the proper management of his divan. In case he should leave or fall sick, Ile shall appoint a representative and report the same to the Chinese office of the Yam'en. The divan keeper is responsible for fines imposed on his representative or other persons in his employ. Special reference shall be made to this reponsibility in the judgment or in the summary decision imposing a fine.

§ I0

Any private smoker, that is a smoker who wishes to smoke at home, shall first take out a license for each lamp. Upon delivery of such license a fee of $0.50 per lamp shall be collected payable quarterly in advance. It is unlawful for private smokers to buy or to keep or to boil raw opium. They must buy prepared opium only from the retail dealers holding licenses for the sale of opium prepared under official supervision.

§11

Licenses for private smokers shall not be transferable. Private smokers shall not sell any opium or loan either licenses or lamps or other smoking utensils.

§ I2

Any private smoker when taking out a license shall make known his residence. Any change of residence shall be reported in due time to the Chinese office of the Yamén. The licenses shall be handed in to that office for renewal or extension some days before their expiration.

§ I3

Whenever a licensee wishes to g-ive up his license Ile has to return it to the Yamén with a statement to that end.

§I4

Every person who wishes to purchase opium at the licensed retail dealer's shall produce his license. The quantity and quality of the opium sold and the date of the sale shall be specified upon the license.

3. P enalties.

§ I 5

Any opium imported by land contrary to the provisions of §2 is liable to confiscation. The offender shall, at the same time, be liable to a fine the amount of which shall be five times the value of the opium unlawfully imported; but the amount of said fine shall not be less than $100. Any opium imported by sea contrary to the provisions of §2 shall be liable to confiscation. The captain shall be liable to a fine the amount of which shall be five times the value of the opium unlawfully imported; but the amount of said fine shall not be less than $5oo. The ship shall be liable for the penalty. In default of payment an offender is liable to imprisonment for a term not exceeding three months.

§16

The keeper of a divan or a private smoker or any other person, who shall have in his possession any opium in contravention of §3 shall, if the provisions of §I5 do not apply to the case, be liable to the penalties mentioned in §15, excepting- that the minimum amount shall be $50.

§I 7

Any person filling the opium tins, officially labelled, with other preparations than those sold by the licensed retail dealers, shall be liable to the fine mentioned in §16.

§i 8
Any license may be revoked by order of the Civil Commissioner, if the holder has been punished for contravention of this ordinance or if he has proved unreliable or if he does not comply with the special regulations contained in this ordinance, or with the orders of the opium of-ficial. In lieu of revoking- the license the Civil Commissioner may fix a fine not exceeding $50. No appeal shall be admitted against any revocation of a license or any fine fixed by the Civil Commissioner.

Tsingtau, the 'all of March 19°2.

THE IMPERIAL GOVERNOR
Truppel.


2.—Extracts from a contract Niween the Governor of Kiaockow and the Chinese firm Kling ho tschang granting the latter the license for the sale of prepared opium within the protectorate of Kiaochow:

The firm shall not take more raw opium from the bonded warehouse than is required for each individual boiling dav.

Three qualities of opium shall be prepared:
(a) pure Indian opium ;
(b) a mixture containing- 2/3 Indian and 1/3 native opium;
(c) a mixture containing 1/5 Indian and 4/5 native opium.

Each mixture may contain the usual ainount of dross derived from the corresponding quality of opium.

The boiling of opium and the packing of the tins shall take place under official supervision.

§4
The tins shall be provided with an official label showing the quantity, quality and the price.
Prepared opium shall only be sold to persons holding a license for private smoking or for keeping a div an. The sales shall at any time be specified upon the licenses.

§5
The opium shall be retailed in tins of    1, 2, 5 and to liang net. The prices shall
not be higher than $1.5o per Hang for 1st quality, $1.25 per liang for 2nd quality, and $1 per Hang for 3rd quality.

§6
The firm shall keep a register in such form as the Governor may require, showing its sales and its stock.

§7
All receptacles used for the opium shall be adjusted to standard weight. Scales and weights shall first be examined by a Government official.

§8, §9
contain provisions regarding the powers of the opium official and the guarantee of the firm for fulfilment of the contract.

§lo
The license is granted for one year ending on the 31st of May 1909. The annual license fee is $500 payable in advance.

SUPPLEMENT TO THE REPORT OF THE GERMAN DELEGATES TO THE INTERNATIONAL OPIUM COMMISSION.

PART I.-THE GERMAN EMPIRE.

1. Regulations.

THE poppy (papaver somniferum) is grown in Germany for the sake of its seed which is used in bakeries, and for the production of oil ; but opium is not produced from it to any extent worth mentioning. The fresh capsules are collected and dried and then used for medicinal purposes, but only to a small extent. No special laws exist regarding the cultivation and the manufacture of opium. The importation of opium and morphine is duty free. No taxes of any kind are levied thereon.

The sale of opium and morphine is governed by the following laws and regulations :-
(a) The Ordinance of the 22nd of October 19o1 regarding the sale of medicines (see Reichsgesetzblatt 1901, page 380);
(b) The Regulations of '896 and '898 regarding the sale of certain powerful medicines and the condition and designation of receptacles in chemist's shops (see Verôffentlichungen des Kaiserlichen Gesundheitsamts '896, page 445 and 1898, page 38o);
(c) The Medicine Code for the German Empire (Arzneibuch    das Deutsche
Reich, 4. Ausgabe I9o0);
(d) The Regulations of '894,19o1 and i906 (see Ver6ffentlichungen des Kaiserlichen Gesundheitsamts '894, page 9'3, 19o1, page 598 and 1906, page 259) regarding the sale of poisons.

The principal provisions of these laws and regulations are-

1.-For medical purposes opium and its derivatives shall onlybesold by apothecaries.
2.-Opium and most of its derivatives can only he obtained through a physician's prescription for each individual dose.
3.-For other than medical purposes opium and its derivatives may' be sold by any person holding a license. Certain conditions have to be observed.
4.-Any person selling opium and its derivatives co.ntrary to the laws and regulations shall be liable to a maximum fine of 15o Marks.

shanghai044

shanghai045


PART I.-KIAOCHOW.

1. Regulations.

WHEN the territory of Kiaochow catne under German administration, the poppy was grown to a considerable extent. Its cultivation, however, has since been prohibited. At present the cultivation, the importation and the sale of opium are governed by the ordinance of the ith of March 1902 (see Amtsblatt für das Deutsche Kiautschou Gebiet 1902, No. 14) and a contract lately renewed with a Chinese retail dealer, the principal provisions of which are:—

I.—The cultivation of the poppy is prohibited.
2. —The importation of prepared opium is prohibited.
3.—Raw opium is to be imported in the original packages and in no smaller quantities than one chest. It shall be imported only by sea or by railway as fast freight and shall be kept in bonded warehouses. Any opium otherwise imported is liable to confiscation.
4.—The import duty on raw opium is collected by the Imperial Chinese Maritime Customs on the basis of the Chinese import tariff, viz., Tls. 5 per picul on native opium and Tls. to on foreign opium.
5.—From bonded warehouses opium shall be delivered only to licensed buyers upon delivery order from the importers. Licenses may be obtained by

(a) keepers of divans
(b) retail dealers.

6.—Keepers of divans holding, licenses are allowed to buy and to prepare opium under official supervision and to sell it for immediate use only. It is unlawful for them to sell opium for use outside the divans.

7.—Retail dealers holding licenses are allowed to buy and to prepare opium under official supervision and to sell it to keepers of divans or to smokers for use at home (private smokers). The maximum retail prices are limited.

8.—Private smokers are not allowed to buy opium without licenses. It is unlawful for them to buy raw opium and have it prepared at home.

9.-Opium divans are compelled to close at midnight, Women and children are not admitted.

10.-License taxes for divan keepers are calculated according to the number of lamps. The tax up to 10 lamps is Si°, for more than Io up to 20 lamps $2o and so on. An additional tax of So.5o monthly is collected for each lamp.

11-The license tax for private smokers is So.5o quarterly for each lamp.

12.- The only retail dealer holding a license at present has to pay $5oo annually.

13.-Any offender against the regulations regarding the importation of opium by land is liable to a fine the amount of which shall be five times the value of the opium unlawfully imported; but the amount of said fine shall not be less than $1oo. In case of an unlawful importation by sea the captain of the ship is liable to a minimum fine of $50o.

14.-Any person in unlawful possession of opium is liable to the fine stated under No. 13 excepting that the minimum amount shall be $50.

2. iMpOrtatiOnS.

The impoitations of opium are small and mainly for local consumption. The increasing quantities may be explained by the ever increasing number of the Chinese population. During the years '9°4 to '9°7 were imported and locally consumed:

shanghai046


3. Use of Opium.       

In November 1908 there existed in 37 localities 71 divans with 1,066 lamps; 389 private smokers had taken out licenses. Only one dealer holds a license for the sale of prepared opium. The number of opium smokers may be estimated at 3,15o.* The adult Chinese population of the town district of Tsingtao numbers 29,788; the population of the country districts is estimated at 9o,oco. Therefore about 2.6 per cent would be opium smokers.
The following table shows the total ievenue of the Colony and the revenue derived froin opium during the years 19°4 to :9o7

 

shanghai047


5. Morphine.

Morphine is not manufactured in the Colony and can only be obtained through a physician's prescription.

*The calculation is based upon the consumption of opium in 1907. Opium is sold in retail by liang (=37.53 g.) 1660 liang are equal to one picul ; therefore 23o,208 hang were consumed in 1907. The daily consumption would consequently amount to 63o.7 liang (--2367o.17 g.). Average smolcers use at least 0.2 hang (=7.5 g.) opium daily; accordingly 3150 person would lie opium smokers. Actually conditions are probably more favourable, as raw opium looses about so per cent. in weight by preparation. On the other hand it should be considered that opium dross is also smoked by the poorer class.