893.114 Narcotics/1473

The Consul General at Shanghai (Davis) to the Ambassador in China (Johnson)49

No. 115

Sir: I have the honor to transmit for the confidential information of the Embassy a copy of a report prepared by the Municipal Advocate’s office of the Shanghai Municipal Council concerning the opium and narcotics regulations promulgated by the Chinese authorities under date of October 28, 1935. For convenient reference a translation of the first set of regulations referred to is also enclosed.50 This translation has been obtained from the Shanghai Municipal Police but a copy of the Chinese text could not be obtained in time to accompany this despatch. It will be noted that the Municipal Advocate calls attention to the serious and drastic punishments prescribed, expresses the view that the regulations in question are not applicable to the International Settlement under the provisions of the Rendition Agreement of February 17, 1930,51 and Chinese law and recommends that the Council protest to the Consular Body against any steps that may be taken by the Chinese authorities to enforce the regulations in the Settlement. Particular attention is called to the statement that the regulations are an attempt “to create an opium monopoly under the supervision and control of the Military Affairs Commission rather than an endeavor to suppress opium and narcotics.”

The Secretary General of the Shanghai Municipal Council is said to fear that the long prison sentences provided by the new regulations, if applied in the International Settlement, would place an unduly heavy burden on the taxpayers and result in congestion in the jails, and to be apprehensive lest the Chinese authorities attempt to license establishments in the foreign settlements. Although not disposed to raise any question regarding the legality of the regulations in so far as the Chinese are concerned, he does intend to ask that persons convicted under them serve their sentences in Chinese prisons and that no opium establishments be licensed in the Settlement.

Respectfully yours,

Monnett B. Davis
  1. Copy transmitted to the Department by the Consul General at Shanghai in his despatch No. 126, February 1; received February 24.
  2. Enclosures not printed.
  3. Foreign Relations, 1930, vol. ii, p. 333.