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THE HONGKONG WEEKLY PRESS AND
Permanent Committee, Sanitary Board,
Hongkong
189 Your house No. Street been thoroughly cleaned and disinfected and the Permanent Com- mittes are prepared to permit to be reoccupied on your undertaking in writing as follows:-
(a)-Not to allow the ground floor to be occn- pied as living room until the floor-been re-made to a depth of 9 inches of material impermeable to gas or water. (b)-Not to allow the basement to be usel as
living room.
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as you give an opportunity of overcrowding by | printed notice that was served upon the owners means of these mezzanin) floors and cubicles, so of the closed houses. It was as follows. long will you have overcrowding, &c." With reference to these lattor remarks your Memoria- lists would point out that it is not necessarily the landlords who put in the mezzanine floors and cubicles to which the Attorney-General referred. A landlord having once let his house has no right to be visiting and inspecting it at all hours of the day and night, and the only possible way of preventing the erection and maintenance of illegal floors and parti- tipus is by appointing proper sanitary inspeo- tors with statutory power to visit and inspect the various buildings from time to time, and the same remarks apply to the number of persous inhabiting a building. By the Health Ordin- ance of 1887 the Sanitary Board had power to make by-laws on this subject and did so, but the by-laws were not brought into force as a coolie strike was threatened, and the Goverument are now attempting to compel the owners of houses to carry into effect what the Government with all the executive power at its command found im possible. A landlord whose whole time may be occupied in mercantile or other pursuits, is cer tainly not in a position to personally check the number of persons allowed by the lessees to fre quent houses belonging to him, or hitherto has any such duty been attempted to be thrown upon him by law.
4.
(c)-Not to allow a greater number of persous to occupy the house than in the proportion of one adult to every 21 square feet of floor space and 300 cabic feet of air space. (d)-Not to allow mezzanine floors except in strict accordance with the Building Ordia- ance of 1889.
If you accept the above conditions please sigu below and return this paper I am, sir, your obedient servant,
For the Permanent Committee. and as above stated the first time that the owners were notified that they could obtain possession of their houses without agreeing to these conditious was upon the 5th January, 1895.
16.-Your Memorialists are convinced that the steady progress of Hongkong, which from being a mere barren rook has now become one of the
law
Should
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13.- When the Bill was in Committee the Attorney-General is reported to have said:
Section 3 applies to property the owners of leading shipping ports in the Empire, is owing which have refused to do anything, they say the to a great extent to the belief of those residing Sanitary Board is holding our property and we there in the constitutional administra will not do anything.' Your Memorialists tion of the colony, and to their belief that would point out that this does not fairly repre- the Home Government would bo certain sent the position taken up by the landlords. to negative or disallow any Colonial Ordinance What in effect they said was: We have which either in letter or spirit was repugnant built our houses in compliance with the to parliamentary legislation in England, and Public Health Ordinance and the Baild they cannot believe that an Ordinance which. ing Ordinance, you say that they have would have the effect of confiscating the pro- been thoroughly cleaned and disinfected, and we perty of individual members of the community, ask therefore that they should be returned to without giving them full and fair compensation us; we shall be amenable to the law, but the for the loss they suffer in consequecoe, would Permanent Committee of the Sauitary Board meet with your Lordship's approval and they has no right whatever to alter the law, and would point out that the individual loss is should any alteration in our houses be required not the only point to be considered. that should be effected by Ordinance in a legal such a as Ordinance No. 15 of 1894 be manner; the conditions landlords are asked allowed to remaju without modification, to agree to are such that it would be utterly no investors in lauded property in Hongkon impossible to enforce them and we will not could in the future feel any confidenc in this give any undertaking which the Permanent form of security if liable to be deprived of it fr Committee has no right whatever to demand." an indefinite time in the event of au epidemic Some of your Memorialists, while refusing to unfortunately visiting the colony. The know- sign the conditions suggested, offered. at their ledge that the owners of capital are liable to be own expense, to do anything that the Permanent treated in this way can only operate most pre Committee might require in the way of altera judicially for all those interested in the growth tions or repairs or to allow the Permanent Com of this rapidly expanding colony, as it will ne- mittee to effect the alterations and repairs at cessarily deter capitalists from investing either the expense of the landlords; but their letters as owners or mortgagees of leaseholds in Hong. to the Chairman of the Permanent Committee kong, and will cause those who have already in were disregarded and no reply whatever was vested to withdraw their money at the earliest vouchsafed to them.
possible noment. The shock to confidence and good faith which the confiscation clause of this Ordinauc must cause will inevitably tend to drive the investing public away and thus cause most serious detriment to the colony.
17.-In conclusion your Memorialists would
[February 6, 1895.
all losses and damages they have suffered in consequeno, of the arbitrary and illegal action of the Permanent Committes of the Sanitary Board.
And your Memorialists, &c.
SUPREME COURT,
4th February.
IN SUMMARY JURISDICTION. BEFORE HIS HONOUR Mr. A. Ġ. Wism,
ACTING POISNE JUDGE.
A CRIMINAL OR CIVIL CASE P Li Yui brought an action against Hü Yuk Shang to recover $143.58 for goods sold and delivered.
Mr. Ho Wyson appeared for the plaintiff and Mr. E. J. Grist (of Mr. C. D. Wilkinson's office). represented the defendant.
14.-Your Memorialists would urge most re- spectfully but most strongly upon your Lord- ship that the acts of the Permanent Committee of the Sanitary Board, having been adopted and ratified by the Colonial Government, their acts may be considered as the acts of the Govern earnestly beg your Lordship to consider the ment and the latter should make compensation heavy losses the owners of the closed houses, in to those who have suffered by such acts. Whe common with the other inhabitants of the co- ther or not any binding undertaking was given long, suffered in consequence of the plague, by the Government at the time the Taipingshan which affected more or less the income of every Resumption Ordinance was passed that the resident in Hongkong, and taking fato con owners of closed houses outside the resuwed sideration the facts that the plague was in area should be compensated for the losses they troduced into Hongkong from the mainland had incurred in consequence of their houses of China, that it was enabled to obtain the having been clo ed for the general good, it is quite hold it did upon the native population, chiefly clear that the unofficial members of Council were owing to the insanitary condition of the drainage
of the under that impression when they consented to and the blocking up
outlets of the Taipingshan Resumption Ordinance becom the main sewers by the Government Reola ing law, and supposed at that time that both sets mation works for weeks during the hot weather, of landlords would be treated alike, and your and to the neglect of the Government or the Memorialists were certainly under this impres Sanitary Board or both to enforce sanitary con- sion when the then Acting Attorney-General ditions amongst the Chinese residents for some stated the matter of compensation to owners of fifty years, and that whatever was done by the closed houses outside the Taipingshan District Government or by the Sanitary Board with re- was under the consideration of the Government. ference to the closing of these houses was done, 15. Your Memorialists must again call at- not simply for the benefit of the owners, but for tention to the incorrectness of the remarks of the the benefit of every inhabitant of the colony, Attorney-General when he said: "What the they respectfully ask that you will give the Permanent Committee did was this, where a necessary directions, that an Ordinance shall medical certificate was given that a house be forthwith introduced adopting the views was unfit for habitation, it was closed until expressed by the non-official members it was made fit. As soon as it was fit for Council when Ordinance 15 of 1894 was passed habitation it was givən back;" and your Memo- by the official votes, and giving the owners rialists think it right to set out verbatim the of the closed houses full compensation for
Mr. Ho Wyson said that the defendant was in the employ of the plaintiff, who kept a shop.
Defendant was a salesman and on several occa sions he took away goods saying that he would sell them to certain persons and undertaking to bring back the money. He had not, however, handed the plaintiff any money for the goods.
of
His Lordship-What are 'yon suing the de- fendant for ? What is your form of action ? As far as this writ goes it is for goods sold and delivered.
Mr. Ho Wyson-That is the claim.
flis Lordship-No, no. Here is an employé of yours who takes goods and sells them with your knowledge, and that is not sold and delivered.” It is either embezzlement by a clerk or farcsby. You did not sell these goods to your clerk. Mr. Ho Wyson-He said he sold them. His Lordship-Yes, I know, but you did not sell them to him You must alter your writ.
Mr. Ho Wyson-He has acknowledged that the money is owing.
His Lordship-Where is the acknowledgment? Mr. Ho Wyson-It was simply a verbal ac- knowledgment.
Mr. Grist—l'he acknowledgment must be in writing.
His Lordship-You sue the clerk for goods sold and delivered. That must be wrong. He did not buy from you.
Mr. Ho Wyson-He took them away. His Lordship-Yes, and he acknowledged it, but that is not goods sold and delivered." Your claim is utterly wrong.
Mr. Ho Wyson-Will you give me leave to amond ?
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His Lordship-How are you going to amend ? Proceed in the Police Court; that is the proper place. He received the money and did not account for it. What is that?
Mr. Ho Wysou-We cannot say that he actually received the money.
His Lordship-Well, how are you going to amend ?
Mr. Ho Wyson-For goods appropriated by the defendant.
His Lordship-That is rather a vague term. This is not a criminal court.
Mr. Ho Wyson-There is the verbal acknow-
ledgment undertaking to pay for the goods.
His Lordship-Undertaking to pay somebody else's debts.
Mr. Grist-If the defendant has undertaken to pay for these goods the undertaking must be in writing. Of course he denies that he under took to pay for them.
His Lordship (to Mr. Ho Wyson)—Well, if you go on with it I can clearly see the end of it. Mr. Ho Wyson-The defendant was bailee. His Lordship-He is not bailes, because he took the goods for sale with your knowledge. He is your servant,
Mr. Ho Wyson-Before he took the goods away he entered into the books items of certain goods sold to certain persons and he said he would being back the money.
His Lordship-You cannot prove that he re- ceived the money.
Mr. Ho Wyson-We are not in a position to prove that.
His Lordship-I will give you to Friday to consider the thing or dismiss the action at once.
Mr. Ho Wyson-I prefer the matter to stand over until Friday.
His Lordship-Very well. Mr. Grist-Your lordship will give me
costs
His Lordship Oh, certainly.