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THE HONGKONG WEEKLY PRESS AND.
Mr. DANBY when he ventured to speak on behalf of the sufferers shows how little con- sideration was likely to be accorded to any Chinaman speaking on his own behalf.
Mr. MCCALLUM, the Secretary of the Sanitary Board, in his minute on Dr. CLARK's report is pleased to be facetious, or to try to be so. Unless," he says, "the factor Cure by faith is admitted, it is "absurd to suppose that the medicinal value "of the ginseng, which the Court has found to be damaged, was affected in any way by "the rough handling it is asserted to have "sustained at the hands of the Board's ser- "vants. That its commercial value was "reduced seems quite clear, and that no doubt in a commercial community is a factor of far more importance than its "medicinal value." We must confess that this fails to make us smile, though it appears to be intended for a joke. On the other hand, if we try to look at it seriously, we fail to make any sense out of it. Mr. MCCALLUM surely would not contend that the jury, when certain damage to merchan- dise in the shape of drugs was proved, should refrain from awarding compensation on the ground that the said merchandise was of no medicinal value. The sole question at issue was the commercial value of the article. There is another passage in Mr. MCCALLUM's minute that requires a moment's study before it can be understood. He says:- "The exceptional measures taken this year "to combat bubonic plague were no doubt in a very great measure based upon the
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October 8, 1896
from various districts on the mainland of burut, and the public, deprived China where no such efforts for its suppression protection of law in the matter
the mercy of the were exercised as in this colony. Experi- be entirely ence seems to show that the plague has its cretion, or the whim or caprice, of c season and that ou the completion of the who, however clean-handed they may had the season it disappears as naturally as the be, have not in most case summer plague of cockroaches disappears necessary training to qualify them for the with the approach of cold weather. That exercise of such discretionary power If the the efforts of the Sanitary Board and its power was conferred only upon the Medical staff confined the ravages of the plague Officer of Health or the Sanitary Super- within limits that it would have exceeded intendent the objection would be somewhat it been left alone, and that | less, but where a house to house visitation had the loss of life was consequently much becomes necessary owing to the presence of
we epidemic disease, and has to
to be
gut through diminished, we have no doubt; also believe that by steadily persevering in sani- in as short a time as possible, it is clear that tation the colony may be rendered proof the work could not be done by these two against any epidemic of the disease in future; officers alone and that if the by-law above but when once the unwelcome visitor has quoted is to have any effect the inspectors of charge of the obtained a foothold in the colony and runs nuisances and other officers in its course the claim of our sanitarians that cleansing gangs will be charged with the its ultimate disappearance after it has exercise of the powers it confers. But even exhausted itself is due to their efforts, is in if it were intended to confine these powers to fact their crown of success, appears as un- very carefully selected officers we would still warranted as would be a claim that the maintain that they are too great to be con- absence of cockroaches in winter is due to ferred upon any officers acting individually, the energy with which they are pursued and more especially when the officers are work- ing under an official Board on which the public with slippers during the summer.
is virtually unrepresented; for although M EDE is doing his best to serve the colony as a member of the Sanitary Board, standing alone he cannot be taken as representing the public in the sense of being able to give effect to their views. The result of the recent cases in the Summary Court, and the disclosures made during the course of the trials, point not to the necessity of
SHALI THE SANITARY BOARD BE MADE A LAW UNTIL ITSELF.
From the proposed new by-law the Sanitary Board proposes to adopt with reference to the cleansing of houses in time of epidemic it will be seen that the Board does not in- tend, if it can help it, that its actions shall
Mr.
to
'knowledge and experience gained in 1894, in future be liable to be called in question the officials of all liability to be call 78.
but, so far as I have been able to ascertain, in a court of law, as they have been in the the work was carried out in a very much past. The new by-law provides that in 'less drastic manner. Had the same white-time of epidemic the officers of the Saui-
washing remedy been adopted this year as was taken in 1894 these actions could not "have been taken" As a matter of fact the whitewashing remedy was extensively ap- plied in combatting bubonic plague, and the actions arose nevertheless.
But on
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tary Board duly authorised in writing may "make a house to house visitation and that if the premises so visited or any part thereof shall be found in a dirty or "insanitary conditiou in the opinion of the "officer making such visitation he may take steps to have the same thoroughly cleansed "and disinfected
and whenever, "in the opinion of the officer making such "visitation, it is necessary for the thorough cleansing and disinfection of the pre- mises to take down, remove from the premises, and destroy any mezzanine floors, "cocklofts, partitions, screens, or other similar structures or fittings, or any portion thereof, "or when in the opinion of the officer making such visitation any such mezzanine floors, cocklofts, partitions, screens, or "other similar structures or fittings prevent the free access of light and air to the said premises, he shall forthwith have the same "taken down, and if he considers the "removal from the premises and the de- "struction thereof necessary in the interests "of the public health he shall forthwith
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account for their actions, but rather to the necessity of affording the public greater protection against the arbitrary and ́un- reasonable destruction of their property
Inst
The carte blanche now asked for by the Sanitary Board on behalf of itself and its officers in regard to the destruction of pro- perty in private houses is, moreover, wholly unnecessary if the Board and its officers per- this point Mr. MCCALLUM appears to intend
form their duty steadily and continuously, that the " whitewashing remedy shall be
and parenthetically we may remark that it taken as a figure of speech to indicate the
is only by steady and continuous sanitation indemnification of the Sanitary Board
and not by spasmodic efforts that the colony. against all claims arising from their illegal
can hope to be rendered proof to epidemic acts. In that sense the whitewashing
disease. The law is clear and precise as to remedy could hardly be considered avail-
what cocklofts, partitions, etc., may be al- able this year. It was applied in 1894, and
lowed, and if the Board sees that the law in rightly, because at that time the emergency
these respects is complied with there can be was a strange one and there was no ex-
no excuse for tearing down these structures perience to cope with it. Experience has
on the ground that they prevent the free now been gained, and it is not to be expected
to the premises. access of light and air that the Legislature should go on passing
Then as to cleanliness, it is provided acts of indemnification indefinitely. The
by a by-law approved by the Legisla-- Sanitary Board in future must be content to
tive Council on the 11th February act according to law, and, where the law is
that “any house or part of a house which is found defective, must take steps to have it
occupied by members of more than one amended in regular course instead of relying
family shall, unless specially exempted by upon some future act of indemnification.
the Sanitary Board, be cleansed and lime- Before leaving these documents there
cause the same to be removed from the "washed throughout, by the owner, to the "satisfaction of the said Board not less is one other point to which reference "premises and destroyed." In other words, may be made.
Dr. CLARK speaks of the cleansing gang may invade any house
“ than twice in every year, namely, during the Board and its officers working night in the colony and on the direction of the "the months of February or March and of September or October respectively; and and day to check the ravages of one of officer in charge may tear down every piece the most terrible and fatal diseases known of woodwork in the house, leaving nothing
notice of such intended cleansing to modern science, and of their efforts at last but the bare walls remaining. The opinion limewashing shall be sent to the Secretary being crowned with success. As a matter of the officer is to be the sole criterion of "of the Sanitary Board three clear days of fact, were the efforts crowned with suc- whether such removal is necessary or not" before the work is commenced cess? We fully recognise the energy and and po regard is to be had the practically all the houses in Chinatown are devotion with which Dr. CLARK and his hitherto existing legal rights of householders occupied by members staff applied themselves to their work, but to maintain certain partitions, cocklofts, family this by-law may fo the success achieved appears to have been etc., in accordance with Ordinances referring purposes be taken as of universal of a very partial description. The phraseo- thereto. Such a provision would throw the tion to all except European dwellings, logy used by Dr. CLARK would lead to the doors wide open to abuses of the gravestita provisions are enforced and supposition that he believes the disease was description; but even if we put aside the cleansed and limewashed twice finally stamped out by the efforts made to question of bribery and corruption, the ought to be no excuse combat it, whereas the truth would seem to discretion vested in the officers seems to us gangs, when epid be that it simply ran its course and came to far too great. - Different inspectors would ing in and mak a natural end, because its disappearance here take different views of what fixtures might fittings was almost coincident with its disappearance | be allowed to stand and what should be
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