1596

THE HONGKONG GOVERNMENT GAZETTE, 14TH OCTOBER, 1899.

With reference to sub-section (b.) of clause 4 of this Bill, it will be observed that two out of the five Commissioners were of opinion that in houses fronting on lanes and streets of over 15 feet in width no cubicles should be allowed on the ground floor without the permission of the Sanitary Board.

Sub-section (c.) of clause 4 of the Bill needs no arguments to recommend it.

Sub-section (d.) of clause 4 of the Bill stands in place of sub-section (b.) of section 8 of Ordinance 15 of 1894, which latter sub-section (repealed by this Ordinance) pro- vided that the partition walls should not be of a greater height than 8 feet and that a space of 4 feet should be left between the top of the partitions and the ceiling or under- side of the joists.

Sub-section (e.) of clause 4 of the Bill lays down similar requirements with regard to window area to those which are laid down by sub-section (4.) of section 8 of Ordinance 15 of 1894.

The first part of sub-section (7.) of the same clause is intended to provide for a free current of air circulating under- neath the bottom of the boards forming the cubicle, and the latter part of the sub-section provides that no structure shall be permitted in a cubicle of a greater height than tho maximum height allowed for the cubicle itself and that no cover or roof shall be allowed to a cubicle.

Such provisions for securing the free circulation of air are obviously desirable.

Sub-section (g.) of clause 4 has becu rendered necessary by the fact that it is not an uncommon practice to so arrange the cubicles in Chinese dwellings that onc cubicle is built up against a window and thus appropriates almost the whole of the air coming in through that window to the detriment of the ventilation of the other cabicles on the same floor. It will be noted that two out of the five Com~ missioners recommended that no cubicles erected or to be re-erected in future should be placed nearer than six feet to any window the area of which is included in calculating the required window area of one-tenth of the floor arca.

Sub-section (4.) of clause 4 imposes a minimum limit on the floor area of cubicles.

Clause 5 of the Bill dealing with mezzanine floors and cocklofts appears to require no special comment. It takes the place of section 7 of Ordinance 15 of 1894 which is repealed by this Bill.

Clause 6 of the Bill embodies the recommendations of the Sanitary Board with respect to the height of buildings erected on land acquired from the Crown after the passing of this Bill, and is more stringent in this respect thau the provisions of section 12 of Ordinance 15 of 1894 as amended by Ordinance 21 of 1897.

Clause 7 contains the recommendations of the Sanitary Board with regard to the minimum area of backyard in existing buildings. It goes a little further than the report of the Insanitary Properties Commission in that it aims at securing a minimum open space in the rear of fifty feet instead of forty feet.

Sub-section (e.) allows for the Governor-in-Council making exceptions in certain special cases and is rendered necessary owing to the peculiar construction of certain back-to-back houses the floors of which overlap one another and under the provision of an open space in the rear practically impossible.

Clause 8 contains the recommendations of the same Board with respect to open spaces, or in the alternative lanes, at the rear of buildings erected after the passing of this Bill.

Clauses 9 and 10 of the Bill do not appear to require any special comment.

Clause 11 of the Bill lays down a definite time within which the alterations required by this Bill must be made.

Clause 12 confers power upon a Magistrate to order the removal of an illegal structure.

Clause 13 lays down what are to be deemed to be offences under the Bill, and clause 14 provides penalties for offences in respect of which no penalty is otherwise provided for by the Bill,

Clause 15 and the schedule deal with repeals.

HENRY E. POLLOCK,

Acting Attorney General,

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