187 (16)
Enclosure 5.
Letter from Messrs. John D. Humphreys & Co. regarding the providing of
backyards to 22 Chinese houses on Kowloon Inlund Lot 1103.
ALEXANDRA BUILDINGS, HONGKONG, 11th December, 1906.
The Secretary,
Sanitary Board.
SIR,We have been served with notices informing us that our 22 Chinese houses on Kowloon Inland Lot 1103 contravene Section 175 of the Public Health and Buildings Ordinance of 1903 and calling upon us to open out one half of the entire space intervening between the principal roon or rooms and the main walls at the back of such buildings as well as the corresponding portion of roof and by providing each storey with a window of at least ten square feet superficial area opening into such open space. We therefore beg to apply for an exemption of the provisions of Section 175 of the Ordinance on the following grounds :-
(1.) K. I. L. 1103 was purchased by this Company from the Government at Public Auction in December, 1900. Mr. ORMSBY the then Director of Public Works informed the General Managers of the Company that he had arrang- ed for the lot to be of the exceptionally narrow depth of 45 feet so as to do away with any necessity for having back yards. He was of opinion that a building of this narrow depth would be amply lighted from the front and assured the General Managers that the Company would not be called upon to provide a yard and that there would be a Government lane of at least 15 feet in width at the back.
(2.) The Company upon this assurance erected 22 Chinese houses on the lot which were completed and passed by the Director of Public Works on 12th August, 1902, and by the Sanitary Board on 14th August, 1902, as being in compliance with the law.
(3.) A few months later, viz., in February, 1903, these new houses some of them not even tenanted became "illegal" by the creation of the Public Health and Buildings Ordinance of 1903.
(4.) Although the Health Ordinance of 1903 has been in force nearly four years this is the first intimation the Company has received that the houses are considered illegal structures under the Ordinance. Had this been pointed out earlier the Company might have been able by an appeal to His Excellency the Governor to have obtained an exemption and possibly some modification of Section 175 itself when the drastic nature of its con- ditions was so forcibly made manifest.
(5.) The houses as already stated are only 45 feet in depth have a public road in front 50 feet in width and a public road in rear 25 feet in width. No other houses are built or building within 70 feet of the rear consequently is ample open space.
(6.) By complying with Section (1) of 175 of the Ordinance we shall be forced to contravene Section 140 of the Ordinance by the kitchens being reduced to less than 50 square feet in area.
(7.) To provide back yards for the houses now would cost about $8,000, and if this were done the buildings would command less rent than they now do. The Company farms out the property at a rental which returns less than five per cent. on the capital expenditure and even at this unremunerative rental the tenant farmer is losing heavily.
We trust the members of the Board will, in view of the foregoing circumstances exercise the powers conferred on them under Section 3 of 175 of the Public Health and Buildings Ordinance and recommend His Excellency the Governor to grant an exemption.
We have, &c.,
(Sd.) JOHN D. HUMPHREYS & CO.,
General Managers.