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Solomon and Gilbert Islands Opium Regulation 1913

UNITED KINGDOM

SOLOMON AND GILBERT ISLANDS OPIUM REGULATION, 1913
No.II. of 1913.
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[L.S.]

BICKHAM ESCOTT,

High Commissioner.

KING'S REGULATION

TO GOVERN THE IMPORTATION, STORAGE AND DISPOSAL OF OPIUM, MORPHINE, COCAINE AND SIMILAR DRUGS INTO AND IN THE PROTECTORATES OF THE BRITISH SOLOMON ISLANDS AND THE GILBERT AND ELLICE ISLANDS.

Made by His Britannic Majesty's High Commissioner for the Western Pacific under the provisions of the Pacific Order in Council, 1893.

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In the name of His Majesty, George the Fifth, by the Grace of God of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas King, Defender of the Faith, Emperor of India.

Short title.

1. This Regulation may be cited as the Solomon and Gilbert Islands Opium Regulation, 1913.

Interpretation.

2. In this Regulation-

"a Protectorate" means either the British Solomon Islands Protectorate or the Gilbert and Ellice Islands Protectorate as the case may be;

"raw opium" means the spontaneously coagulated juice obtained from the capsules of the Papaver somniferum which has only been submitted to the necessary manipulations for packing and transport;

"prepared opium" means the product of raw opium, obtained by a series of special operations, especially by dissolving, boiling, roasting, and fermentation, designed to transform it into an extract suitable for consumption, and includes dross and all other residues remaining when opium has been smoked;

"medicinal opium" means raw opium which has been treated to sixty degrees Centigrade and contains not less than ten per centum of morphine, whether or not it be powered, or granulated, or mixed with indifferent materials;

"morphine" means the principal alkaloid of opium, having to the formula C₁₇ H₁₉NO₃;

"heroine" means the diacetyl morphine having the formula C₂₁H₂₃NO₅;

"cocaine" means the principal alkaloid of the leaves of Erythroxylon coca, having the formula C₁₇H₂₁NO₄;

“similar drugs” includes –

(a) all preparations, whether officinal or non-officinal, as well as the so-called anti-opium remedies, which contain more than 0.2 per cent, of morphine, or more than 0.1 per cent, of cocaine;

(b) heroine, its salts and preparations, containing more than 0.1 per cent of heroine;

(c) all new derivatives of morphine, of cocaine, or of their respective salts, and every other alkaloid of opium which has been demonstrated by scientific research to be liable to similar abuse and in its abuse to be productive of like ill effects;

"opium," when used without any qualifying epithet, includes raw opium, medicinal opium, morphine, heroine, cocaine, and similar drugs;

"store" means any place in a Protectorate appointed by the Resident Commissioner in that Protectorate for the storage of opium on its arrival at any port therein.

Prepared opium

3. It shall not be lawful to import any prepared opium into a Protectorate.

Opium poppy.

4. It shall not be lawful to cultivate the opium poppy (Papaver somniferum) in a Protectorate.

Importation, deposit, and withdrawal of opium.

5.-(1) It shall not be lawful to import any opium into a Protectorate except by sea.

(2) All opium imported into a Protectorate shall be deposited at the cost, risk, and peril of the importer, in such store as shall be appointed for that purpose by the Resident Commissioner in that Protectorate.

(3) No opium shall be delivered or withdrawn from a store in a Protectorate except to a medical practitioner, a dentist, or a druggist, and except on the written permission of the Resident Commissioner in that Protectorate, or of a medical officer authorised by him in writing to permit the delivery or withdrawal.

Penalty.

6. Any person who contravenes any of the provisions of the last three preceding sections shall be liable on conviction to a penalty not exceeding one hundred pounds, or to imprisonment, with or without hard labour, to a term not exceeding twelve months and the magistrate may order any prepared opium or opium, unlawfully imported or withdrawn from a store, to be forfeited to His Majesty.

Rules.

7. It shall be lawful for the High Commissioner to make rules to regulate the importation, landing, storage, withdrawal, conveyance, and sale of any opium imported into a Protectorate, and any person who contravenes those rules shall, on conviction, be liable for every offence to a penalty not exceeding five pounds, or to imprisonment, with or without hard labour, for a term not exceeding one month.

Search warrant.

8. It shall be lawful for a magistrate, if satisfied by information on oath that any opium or prepared opium is being unlawfully kept, conveyed, landed, or sold in contravention of this Regulation or any rules made hereunder at any place, whether it be a building or not, or in a ship (not being nor having the status of a ship of war) or vehicle, at any time, and (if need be) by force, on Sundays as well as on other days, the place, ship, or vehicle named in the warrant to enter and examine, and to search for any opium or prepared opium unlawfully kept therein and demand from the owner or occupier thereof the production of his authority to be in possession of the same.

(2) When the person executing the warrant aforesaid has reasonable cause to believe that any opium or prepared opium found by him in any such place, ship, or vehicle as aforesaid is being kept, conveyed, landed or sold in contravention of this Regulation or any rules made hereunder, he may seize and detain the same until a magistrate has decided whether it is liable to forfeiture or not.

(3) Proceedings in a magistrate’s court relative to any opium or prepared opium so seized shall be commenced as soon as possible after the seizure.

(4) No person acting under the warrant aforesaid shall be liable to any suit for seizing and detaining any opium or prepared opium.

Attempts to commit, and accessories to, offences.

9. Any person who attempts to commit or aids and abets in the commission of, any offence against the provisions of this Regulation or any rules made hereunder may be tried and punished as if he were charged with the actual offence.

Commencement.

10. This Regulation shall come into operation on a date to be proclaimed by the High Commissioner.

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Published and exhibited in the Public Office of the High Commissioner for the Western Pacific this 27th day of May, one thousand nine hundred and thirteen.

By Command,

C.H. HART-DAVIS,

Secretary to His Britannic Majesty’s High Commissioner for the Western Pacific.

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