In communicating the draft ordinance to the United States Government, I
am directed to express the hope of Her Majesty’s Government that you
will be able to favor me with an early expression of their acquiescence
in its terms.
[Inclosure 1.]
Baron Marschall
to Mr. Lascelle.
Foreign Office,
Berlin
,
February 12,
1897
.
The undersigned has the honor to inform Sir F. C. Lascelle, with
reference to his excellency’s note of August 15, last year,
respecting restriction on the importation of spirits into Zanzibar,
that the draft ordinance having been again submitted to the acting
Imperial consul at Zanzibar for his opinion, the Imperial Government
no longer have any objections to offer to the issue of a decree in
the sense proposed, on the condition that, under the term “spirits,”
wine, beer, and vermuth are not to be understood, and that the
period of six months provided by section 1 of the draft ordinance
shall only date from the publication of the decree in the official
newspaper which appears in Zanzibar. For [Page 256] the rest, the Imperial Government proceed on
the assumption that those spirits which, being destined for
reexportation, lie sealed up at the custom-house, shall hereafter,
as formerly, be regulated by the provisions of Article VII, section
3, of the treaty of commerce and navigation between Germany and
Zanzibar.
The assent of the Imperial Government is subject to the reservation,
already stated in the note of April 10, of last year, that the other
power concerned shall also have concurred in the draft of the
decree, and that the compulsory execution of the provisions of the
decree against German subjects and protected persons by judicial or
administrative process shall only take place through the Imperial
consulate at Zanzibar, and in accordance with the legal provisions
which apply to the same.
The undersigned, etc.,
[Inclosure
2.—Confidential.]
Draft ordinance for the restriction of the
importation of alcoholic liquors into Zanzibar.
Whereas it is provided by Article XCI of the general act of the
conference of Brussels, to which both Her Majesty the Queen and His
Highness the Sultan of Zanzibar are parties, that the importation of
distilled liquors shall be prohibited by the several powers having
possession of protectorates situated within the region of the zone
defined in Article XC of that general act, whenever, either on
account of religious belief or from other motives, the use of
distilled liquors does not exist or has not been developed; and
Whereas it is further provided by the same article that each power
shall determine the limits of the zone of prohibition of alcoholic
liquors in its possessions or protectorates, and shall be bound to
notify the limits thereof to the other powers within the space of
six months, and also that the above prohibition can only be
suspended in the case of limited quantities destined for the
consumption of the nonnative population, and imported under the
system and conditions determined by each Government; and
Whereas notice was given by Her Majesty’s Government to the several
powers signatory to the Brussels act by a circular dated London, the
6th April, 1892, that Her Majesty’s Government had decided that the
British protectorate of Zanzibar, including all the dominions of the
Sultan, both on the islands and on the mainland, should be placed
under the terms of Article XCI of the act of Brussels from that
date; and
Whereas by the same notice it was stated that Her Majesty’s agent and
consul-general had been directed to notify, in accordance with the
terms of Article XCI, the system and conditions determined by the
protecting power under which limited quantities might be imported
for the consumption of the nonnative population; and
Whereas it has been found necessary to impose further restrictions in
order to regulate the introduction and sale of the limited
quantities of alcoholic liquors which may be so introduced, it is
hereby enacted as follows:
1. From and after six months from this date no distilled or alcoholic
liquors shall be imported, whether by land or sea, into any of the
territories administered by or for His Highness the Sultan of
Zanzibar otherwise than in accordance with this ordinance.
2. For the use of the nonnative population only there shall be
admitted a limited quantity of distilled or alcoholic liquors
imported in bottles, packed in cases, and of a declared value,
supported by invoice or other documentary evidence as required, of
not less than 18 rupees per dozen reputed quarts, or 9 rupees per
dozen reputed pints, and so in proportion if bottles of other sizes
be used; or if imported in casks, of a declared value of not less
than 5 rupees per liquid gallon and bearing the brands of well-known
European producers of the higher kinds of spirituous liquors.
With each consignment the consignee shall give a written guaranty
that none of the liquor shall be sold to any native by him—that is
to say, any person born in Africa, not being of European race or
parentage—and no person, whether he is the possessor of a license or
not, shall sell any imported, distilled, or alcoholic liquor to any
native as herein defined.
Special exceptions may be made at the discretion of the first
minister, or director of customs acting on his behalf and under his
sanction, in favor of respectable natives of European colonies in
Africa in which the importation of spirituous liquors is
permitted.
[Page 257]
3. Not more than 500 cases, containing 12 quarts or 24 pints in each
case, or in casks a total quantity not exceeding 1,000 gallons,
shall be withdrawn by any firm or individual in any one period of
six months, unless in virtue of a special permit granted by the
Government.
4. All liquors admitted shall be deposited in the custom-house, and
only be withdrawn as actually required, on application in writing
being made to the collector of customs. The casks and cases
containing them shall, before their withdrawal from the
custom-house, be stamped with the Government mark, “H. H. G.” They
will be stored free of rent for a period of six months. Duty will be
taken only when they are actually removed, save in the case of
liquors awaiting transshipment, which are free if shipped for their
original port of destination within six months of their arrival, and
in the interval have not changed owners.
5. No importer of, or trader in, such liquor shall be permitted to
withdraw more than twenty-four hours, and, on making an application
to do so, he shall, if so required, make a declaration stating that
he has not at that moment within his warehouses more than 100 cases
in addition to those which he wishes to withdraw.
6. Should any doubt arise as to the interpretation of any of the
above provisions, the question shall be submitted to a commission
consisting of three independent merchants nominated by Her Majesty’s
agent and consul-gederal, and their decision shall be final.
7. Nothing in the above provisions shall be held to repeal any
provision of the ordinance of the 31st May, 1892, respecting
licenses for the sale of liquors, which is is and remains in full
force.
8. Any person who imports or sells distilled or alcoholic liquor in
breach of this ordinance shall be guilty of an offense, and on
conviction liable to a fine not exceeding 1,000 rupees, and any
liquor in respect of which the offense is committed shall be
forfeited; and if the offender is the holder of a license for the
sale of alcoholic liquor, his license shall be liable to
forfeiture.
9. Any person who makes a false declaration in regard to the value
and description of liquors imported under this ordinance shall, on
conviction, be liable to a fine not exceeding 400 rupees.