Enclosure E.
57
The method of dealing with outbreaks of Plague which is set out in the enclosed statement E. is based upon and is practically the same as, that adopte·l in 1894 with the recent addition of the destruction of rats, 104,097 of which Inve been destroyed up to date.
Since these bye-laws were made up to the time of the receipt of the Petition there has been no intimation from any quarter that these powers were not con- sidered sufficient, and it is difficult to see what further powers except in one or two particulars indicated at the last meeting of the Sanitary Board could be given or used without seriously interfering with the business of the Port.
:
We are unaware what are the recognised prophylactic measures referred to by the Petitioners as neglecte:l, unless perchance they mean inoculation which it is obvious could not be successfully applied to a conservative people like the Chinese, the majority of which is filled with prejudice against all forms of Western Medical Science. The Sanitary legislation that has been passed since the Epidemic of 1394 has had for its object the closing of insanitary dwellings; the covering of the ground surface with impervious material; the enforcement of greater cleanliness; the provision of increased open-spaces around dwellings; the prevention of overcrowding; the abatement of surface crowding; and the improvement of ventilation by increase of window space, reduction of cubicles, and restriction of mezzanine floors. Past experience seeins to show that light and air are the best prophylactic against Plague, and it is more light and air that special efforts have been made to obtain. While on the subject of the power of the Sanitary Board to deal with an epidemic we would venture to point out that although the Board has no spending power, the statement in paragraph 5 that "it is not in any way responsible for the overcrowded and insanitary condition of Hongkong", and that "it is not permitted to exercise any control whatever over its subordinates," is not correct. The Board has the same control over its subordinate officers as any other Government Department has. It has power to make and enforce Bye-laws (subject to the approval of the Legislative Council) on almost every conceivable subject in connection with public health, and its officers can institute proceedings before a Magistrate for closing buildings unfit for human habitation, and for the prevention of overcrowding.
Some of the powers it possesses in the matter of framing bye-laws are alluded to above, and a full statement of all its powers is contained in the Consolidated Public Health Ordinance No. 13 of 1901.
It is worth noting that from the 6th May, 1899, up to the 9th August, 1900, no fewer than 31 houses have been closed either in whole or in part as unfit for human habitation at the instance of the Medical Officer of Health under the powers referred to, but that that officer had not previously taken any action in this direction till reminded of those powers by His Excellency the Governor.
14. In paragraphs 16, 17 and 26 the Petitioners again quote extracts from some reports of the late Colonial Surgeon. We would rather have not been compelled to pass a criticism on the work of one who was for many years a devoted servant of the Colony, and who is no longer here to answer our remarks. Nevertheless we deem it right to point out that under Ordinance No. 9 of 1867 section 14 Dr. Ayres had very considerable powers which we cannot find any record of his having ever
utilised.
The section reads as follows:-
"Whenever the Colonial Surgeon, the Medical Inspector (the appointment of a Medical Inspector was provided for by the preceding section), or any two resident medical practitioners shall certify to any Justice of the Peace that any house occupied by more than one family is so overcrowded or in such a filthy or unwholesome state as to be dangerous or prejudicial to the health of the inhabitants of the neighbourhood, it shall be lawful for the said Justice, and he is hereby