Standing Orders.
See Historical Review, Appendix No. 7. Page 17,
185 (30)
272. The Department should acquire all its own stores and distribute to the various depôts. On no account should Inspectors be allowed to make direct requisitions on cont
ors.
273. That all correspondence be first opened by the Secretary or the Assistant: : Secretary. That the use of a chop be discontinued, and that the composition of the staff in all the more important posts be entirely reconsidered.
274. At a meeting of the Sanitary Board held on 17th December, 1903, Dr. ATKINSON, who presided, moved:-
"That the revised Standing Orders be made by the Board under section 10 of the Public Health and Buildings Ordinance 1903.”
This was unanimously agreed to.
On the 31st December, 1903, the minutes of the preceding Meeting embody- ing the above resolution were confirmed.
275. There were two sets of Standing Orders submitted and passed :--
1. For the regulation of procedure of Board.
2. For the guidance of officers and servants.
It is with regard to the latter that we desire to report.
By sub-section No. 1 of section 14 of Ordinance No. 1 of 1903, the Board had power to make Standing Orders for the guidance of its officers and servants, but in section 5 of Ordinance No. 23 of 1903, repealing part of above mentioned sub-section No. 1 of section. 14 of Ordinance 1 of 1903, the words giving the Board the power to make such Standing Orders were omitted.
276. The question arises whether it was the intention of the Legislature to take such power away.
The Attorney General said by the Amending Ordinance it was only to recog- nise by Statute the Department which already existed.
277. It seems clear that Dr. ATKINSON, who was conversant with all amending clauses, and was the principal promoter of the Amending Ordinance, never con- templated that the Board's power to make such Standing Orders and enforce them had been taken away by the Ordinance, or he would never have asked the Board on 17th December to make Standing Orders which a Statute which had been read a third time and passed the Committee stage, before he submitted the Orders to the Board, would deprive the Board of the power of making or enforcing them.
278. In further proof of such conclusion, Dr. ATKINSON Submitted the Standing Orders, which had been passed, for confirmation by the Board on 31st December, whereas the power had, he says, been actually taken away on 19th December.
Copies of these Standing Orders were printed and circulated amongst the Members of the Board, making them believe they were operative and enforceable by the Board.
in
279. On 12th June, 1906, Dr. CLARK, as President of the Sanitary Board, reply to a question, said whether or not these Standing Orders could be enforced by the Board was a technical question, which he should like to refer to the Law Officer of the Crown to give a definite ruling on.
250. At the following Meeting of the Board, the President, Dr. CLARK, said:- That the Standing Orders made by the Board in 1903 could still be enforced, but only so far as such Standing Orders related to regulations or procedure at Meetings of the Board.
Standing Orders for the guidance of officers and servants of the Sanitary Department were now administered by the Principal Civil Medical Officer as administrative head of the Department.