-
185 (25)
p
220. In cases where notices to abate nuisances are not complied with, રી second notice is usually served, but in a large number of cases, this notice has not been served until the work has been completed.
221. We recommend that all notices should bear the name of the reporting Inspector, and the date on which the Inspector reported the nuisance.
222. Also that, as we believe a very large number of notices have been issued calling upon owners to do more than is required by law, a paragraph should be added that in case of the person named in the notice being dissatisfied with its requirements, they shall at once report it to the Secretary of the Board, and that it shall be this Officer's duty to keep a record of such complaints and immediately lay it before the Board or any Committee of the Board appointed to review such complaints.
223. We also recommend that a paragraph be inserted on each notice that if any officer asks for any donation, either in money or goods, that the person receiving the notice shall at once report the same as is provided for in the preced- ing paragaph.
224. We think that the present system of prosecutions for offences under the Prosecutions. Public Health and Buildings Ordinance requires amendment, as the power of pro- secution is virtually in the hands of the Sanitary Inspectors, for although before an application for a summons is issued, the Medical Officer of Health or Building Authority is supposed to approve of same, it does not appear that either of these officers makes any inspection to see the application is justified, other than taking the inspector's word.
225. In some cases the wrong person has been summoned, and although that error has been pointed out to the Inspector, the defendant at much personal inconvenience and annoyance has been compelled to attend the Police Court. particular case in point was the prosecution of Mr. DADY BURJOR by Inspector See Mr. Dady REIDIE, who was distinctly told by Mr. BURJOR that he was not the owner, and was evidence. requested to varify that statement by reference to the Land Office. Inspector Page 569, REIDIE declined to do it, saying it was not his business. The Magistrate very properly dismissed the case.
226. In cases of prosecutions for not white washing satisfactorily, it is generally the contractor who attends the Police Court, and not the person sum- moned. The word of the Sanitary Inspector alone is taken, and the defendant or contractor is generally advised to admit it, and we feel that if the squeeze" by the Inspector which had been asked for had been paid, no prosecution would have followed.
Burjor's
Tim's
227.
In one case the defendant was summoned although he wrote to the See Tsang Sanitary Board saying he had done the work twice 10 days previously, and no reply evidence. was received. When he attempted to state his case before the Magistrate, the Page 2277. Page 2278. Interpreter told him not to make trouble, and he was convicted.
228. In another instance a man was prosecuted and fined, not, we believe, See Wong
King Shan's because the work had been improperly done, but because he had not employed evidence. the contractor recommended to him by the Inspector.
229. No convictions should be obtained unless the Sanitary Inspector's evidence is corroborated by the Medical Officer of Health or the Executive Engineer.
230. In cases where a defendant has to employ legal assistance and expert advice, and the Magistrate does not convict, the defendant should be allowed costs. In many cases, where the evidence has not been strong enough to convict, they have been adjourned sine die, and nothing more has been heard of them. We recommend that after 3 months such cases should be struck out and dismissed..
231. We also recommend that in no case should a prosecution be allowed unless a notice to abate the nuisance has been served on the owner or occupier, in order that the defendant may have the opportunity of either doing the work required, or of appealing to the Board for exemption or modification of tlie requirement.
Pages 2181
and 2187.
Page 285Page 286