File No. 774/706.
Legislation looking toward the suppression of the use of opium has
hitherto been left largely to the discretion of the provincial
authorities, but by the promulgation of the inclosed laws the Central
Government apparently takes its stand for vigorous and immediate
suppression of the traffic.
[Inclosure.]
Law concerning the production, sale, and
consumption of opium.
[Drawn up by the bureau of constitutional reform
approved by imperial edict, Jan. 30, 1910. Published in the Official
Gazette, Feb. 2, 1910.]
Article I.
Anyone who plants the poppy, manufactures opium, or sells the same,
in violation of the regulations, shall be punished by the fourth
degree banishment for a fixed term.
[Page 295]
Article II.
Anyone who manufactures, or sells articles used for the smoking of
opium, shall be punished by the fifth degree banishment for a fixed
term.
Article III.
Anyone who opens an opium smoking place and provides for opium
smoking shall be punished by the fourth degree banishment for a
fixed term.
Article IV.
Anyone who smokes opium in violation of the regulations shall be
fined in a sum not less than $20 nor more than $500.
Article V.
Anyone who smokes opium within the Forbidden City or at the imperial
cemeteries shall be punished by the first or second degree
banishment for a fixed term.
Article VI.
Any official, whose duty it is to enforce the regulations, who shall
knowingly permit any of the offenses enumerated above, shall be
punished as having committed the same offense. If he has taken a
large bribe, he shall be dealt with severely. If he has erred
through carelessness merely, he will be turned over to the proper
board to decide upon his punishment.
Article VII.
Anyone who has committed any of the offenses enumerated in Articles I
to V shall be deprived of the right to vote and made ineligible for
any honor. If he is an official, he shall be cashiered and made
forever ineligible for office.
Article III.
Anyone who shall have been punished under this law and shall offend a
second time shall have his penalty increased by one degree.
Article IX.
Anyone who shall conspire to offend against any of these articles,
but not succeed in carrying his intention into effect shall be
punished by penalties one or two degrees lighter than those herein
provided for the offenses. If anyone shall voluntarily give up his
evil practices his punishment will be lightened by two or three
degrees or he may be pardoned.
Article X.
All the penalties of banishment will be committed into terms in the
industrial prisons as below:
- First-degree banishment for a fixed term will mean from 10
to 15 years.
- Second-degree banishment for a fixed term will be from 5
to 10 years.
- Third-degree banishment for a fixed term will be from 3 to
5 years.
- Fourth-degree banishment for a fixed term will be from 1
to 3 years.
- Fifth-degree banishment for a fixed term will be from 2
months to 1 year.
Article XI.
All those condemned to banishment with penalty increased or lightened
will have the increase or diminution of the penalty in the order
given above:
First-degree banishment with an increase of penalty may be made 20
years and fifth-degree banishment may be lightened to imprisonment
in a police station. When the penalty to be increased or lightened
is a fine, one degree shall mean one-fourth of the fine.
Article XII.
All fines shall be payable within one month of the time of giving
judgment. After the limit of time the fine shall be reckoned at the
rate of half a dollar per day of confinement and the penalty charged
to banishment, which may not exceed three years. [Page 296] If the period of banishment is
reckoned at less than two months, the time may be served in the
police station.
When the penalty has been changed to banishment or detention at the
police station, if during the period the fine is paid the number of
days served may be reckoned as a deduction on the fine.
[Note.—The word translated “banishment” in
the above law is “t’u,” which means banishment to some place within
the same Province.]
