Assistant Police Advocate to Deputy Commissioner of Police - Advertisement of Treatment for Syphilis. Shanghai, February 7, 1930. SMA (SMC), U1-4-3821 (0520).

With reference to the papers forwarded by Henderson's Magazine as to whether or not such an advertisement is an offence I beg to quote the following sections of the Venereal Diseases Act 1917 which definitely makes it an offence: "2 - (1) A person shall not by any advertisement or any public notice or announcement treat or offer to treat any person for venereal disease, or prescribe or offer to prescribe any remedy therefor, or offer to give or give any advice in connection with the treatmen thereof. 
(2) On and after the first day of November nineteenth hundred and seventeenth (November 1st, 1917)  a person shall not hold advertisement, or by any written or printed papers or handbills, or by any label or words written or printed, affixed to or delivered with, any packet, box, bottle, phial, or other inclosure containting the same, any pills, capsules, powders, lozenges, tinctures, potions, cordials, electuaries, plasters, unguents, salves, ointments, drops, lotions, oils, spirits, medicated herbs and waters, chemical and officinal preparations whatsoever, to be used or aplied externally or internally as medicines or medicaments for the prevention, cure, or relief of any venereal disease." 
Here follows a proviso excluding public authorities and publications sent to medical practitioners and chemists. "4. In this Act the expression "veneral disease" means syphilis, gonorrhoea, or soft chancre". 
It is however, respectully suggested that this is a matter upon which the Company should consult its legal adviser, and that no responsibility should be accepted for the advice here given.   

Municipal Advocate to Extra Commissioner of Police - "Re - Advertisement for Proprietary Medicines." Shanghai, May 14, 1930. SMA (SMC), U1-4-3821 (0518-0519).

I am pleased to comply with your request for an opinion relative to the above entitled matter. The facts may be brifely epitomized as follows: The Chief of the Health Bureau of the Municipality of Greater Shanghai request that advertisements in local newspapers relative to cures for veneral diseases be prohibited. It is alleged that such advertisements are contrary to the regulations of the Municipality of Greater Shanghai. The advertisements in question refer to three kinds of medicine: 

(1) Birth control 
(2) Veneraeal disease 
(3) Aphrodisiacs  

(See List of Advertisements hereonto attached d and made a part hereof). 

The Municipality of Greater Shanghai by virtue of Article 22 of its Charter, has the power to enact ordinances concerning matters pertaining to public health. These ordinances have no force and effect in the International Settlement. We therefore have to look to the general law. 

As to the sale and advertisement of patent medicines for birth control and veneral diseases, there does not appear to be any law directly applicable. A prosecution might be instituted under Article 205 of the Criminal Code, provided it could be proved that such patent medicines are injurious to the public health. I seriously doubt, however, if the Council would hold the advertisements of birth control [p. 2/2] and venereal disease patent medicines to be indecent within the purview of Article 205. 

As to aphrodisiacs, Article 46, Subsection 4, of the Police Regulations covers the case. A prosecution of selling aphrodisiacs under this section of the Police Regulations would most probably be successful. 

Under British Law, the advertisement of cures for venereal diseases is prohibited (See Mr. Winter's Opinion dated Feb. 7, 1930). Bye-Law 34 authorizes the Council to license shops which shell "proprietary or patent medicines". Do you think it would be advisable to license such shops? A license condition prohibiting the advertisement of venereal disease and birth control patent medicines would seem not to be unreasonable. 

In conclusion, may I suggest that search warrants be applied for to search all shops subject to the jurisdiction of the Shanghai District Court where it is suspected that aprodisiacs are sold. If any aphrodisiacs are found, the proprietors of the shop should be prosecuted under the Police Regulations as above mentioned. May I also suggest that the newspapers be warned against inserting such advertisements in their colums. If they persist in publishing such advertisements after having received the warning, a prosecution should be instituted against such newspapers under the Police Regulations as above.