185 (277)
2599,600
same time they left in that old section as regardsiexisting houses, and of course that old section, as regards existing houses, was intended to refer to houses existing prior to 1899, but what they have done now is not that. An existing house is prior to 1903. The thing is absurd on the face of it.
Q. It was never intended to apply to houses built between 1899 and 1903 ?
A. How could it be intended to apply to houses built between 1899 and 1903, when between those dates they were encouraging house owners to build houses with lanes at the back, in preference to yards, and now they insist on lanes and yards.
The Chairman.-Is there not another point beyond that, Mr. Turner, that by demand- ing these yards as well as lanes, the two sections are conflicting, now that they say a kitchen must be a certain area, and they are cutting away that kitchen?
A.—That is invariably the case. They give you an order to cut away your kitchen, so as to make an open space, and at the same time, you have to apply to the Public Works Department for your reducing your kitchen below the area demanded by the Ordinance.
Q. That is the point I want to get.
A.--The section of the Ordinance is 140.
Q. But the fact is this: They say your building is now insanitary because you have not got a yard, and at the same time to provide that yard, you have got to make your building insanitary by not having a sufficiently large kitchen. You are between the devil and the deep sea?
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A. Yes, you must have a kitchen of 40 square feet, unless the Public Works Depart- ment gives you a written permission that it shall be less.
Mr. Shelton Hooper. Then it really comes to this, that in order to carry out the law as required in many cases, it can only be done by asking a favour of a Government officer?
A. That is so.
The Chairman. To have the law modified in either one direction or another, in your favour ?
A. Yes.
Mr. Humphreys.-And it amounts to this too, that the Government, when it suits them, grants you an exemption and winks at what you are doing, and on the other hand, frequently refuses it if it is to cost the Government a few dollars?
A. Oh certainly.
Q. And on the other hand, when it only costs the landlords, it doesn't matter?
A. Oh certainly. If it is a question of providing a scavenging lane, and the Govern- ment having to pay for it, and you have to ask the Government for permission to erect a verandah over public ground, the Government say "all right, you give us the scavenging lane for nothing, and we will let you have the verandah."
We submitted to the Public Works Department plans for the erection of 13 houses at Kowloon and at the same time sent in a claim to the Colonial Secretary for the scavenging lane shewn therein, in accordance with the provisions of section 180 (1) of Ordinance 1 of 1903, some months later after the work of building had been started and the plans could not be altered, we received a letter from the Government saying the Governor-in-Council on the recommendation of the Sanitary Board had granted an exemption from the provision of the scavenging lane and therefore there was no claim for compensation to be considered and although we strongly objected to the way our clients were being tricked out of the compensation they were entitled to it was of no avail.