7
74
according to the personal law of their domicile. The late D. Musso and his wife were both Italians domiciled in Italy, and it was admitted that by Italian law husband and wife were in- capable of giving to, or acquiring property from, each other. In support of his contention counsel cited Westlake on Private International Law (1880) chapter 3, and two cases reported in the Journal de Droit International Prince," 1895. (Nos. 1 and 2, pp. 105 and 171). As to the second question, under the law of Hongkong the deed at law was invalid as a transfer of property, because husband and wife being re- garded as one person the husband could not contract with or convey property to his wife without the intervention of a trustee. (Lush on the law of husband and wife, Phillips v. Bar net, L. R. 1, Q. B. D. p. 436). There were no words in this deed sufficient to create a separate estate for the wife: The question remained whether the deed, although inspective as a gift, amounted to a declaration of trust and consti- tuted the husband a trustee of the property for his wife. Counsel contended that the rule that "there was no equity to perfect an imperfect gift" governed this case and cited Mibroy v. Lord, 4, De Gex, Fisher and Jones p. 264; Warrener v. Rogers, L.R. 16, Equity 340; Rich. ards . Delbridge, L.R. 18, Equity 11; Hartley v. Nicholson, L.R. 19, Equity 242. Mr. Robinson said the next question was whe ther there was any exception to the rule and cited Moore v. Moore, L.R., 18 Equity, 474, and Breton v. Wollnen, L.R. 17. Chancery, 416, which laid down that an imperfect gift by hus- band to wife would not be construed as a de- claration of trust.
"
re-
February 2, 1898.
4
THE HONGKONG WEEKLY PRESS AND
floors partly covered with loose stones and are floors. If they were permeable to a blade they were entirely unprovided with drains, and I do not permeable to water, that is, they were pervious. therefore see any reason to amend the advice In regard to what the Director of Public Works which I tendered to the Board in my minute of had written that the words "unfit for human October 6th, 1897, namely, that all these pre habitation were a commonly used expression mises are, in their present condition, insanitary without definite meaning he would like to point and unfit for human habitation. The hon. out that that was the expression used in the Im- Director of Public Works proposes the im- perial Public Health Act of 1875, the Housing of mediate demolition of seven of the twenty-the Working Classes Act of 1882, and the local eight houses, and states that the owners of the Public Health Ordinance, and as that expression remaining twenty-one houses are now willing was recognized by lawyers as sufficiently definite to concrete the floors and provide drains. This for legal purposes it was surely quite sufficient matter was gone into most carefully and the to adequately describe the condition of the Board was advised by its surveyor that the pre- houses in Shaukiwan. The Director of Public mises were so badly constructed and lit and so Works had also said he was informed that the dilapidated that the necessary drainage works tenants had been free from disease.
Ава alone would cost more than the houses are matter of fact the death rate of Shaukiwan in worth, while the owners themselves averred, as 1896 was 50 per cent, higher than the death recently as Octoberdast, that they had not the rate of the City of Victoria, overcrowded as it necessary means to carry out the improvements. was. Last year, partly owing no doubt to the It may be true that there are, as the Director expenditure by the Government upon the of Public Works states, many "Chinese huts sewerage of the village and the provision of in a like condition in the outlying villages of an adequate water supply, the death rate was the colony, and the reason why special atten- reduced to only 16 per cent. higher than the tion has been directed to these at Shankiwan rate for the City of Victoria. But, yet, here: is that the village is rapidly growing in im- was a small isolated village of some few thousand portance (while many of the others are inhabitants-not in the ordinary sense of the trogressing), and the Government has recently term overcrowded-built, partly upon the hill expended a considerable sum of money in pro- side and the death rate was 50 per cent. in riding sewers for the proper drainage of these 1896 and 16 per cent, in 1897 higher than in houses and in providing an adequate supply the City of Victoria, which, as was well of pure water for the village. The question known, was in an insanitary condition and of the cost of the scheme of resumption and of to some extent overcrowded. The question of the proper laying out of the site is one which resumption of the land was one which concerned concerns the Government alone, and it is for it the Government, but he thought he was justi- to decide whether any such scheme, however fied in saying that these huts were nearly all desirable on sanitary grounds, is within the erected during the past ten or twelve years in · range of the colony's finances or not, but in any contravention of the Building Ordinances. In case the Sanitary Board-both as the adviser other words, if the Government must pay for the and as the executive of the Government on all resumption they will only be paying for the sanitary matters-cannot surely do otherwise errors of the past, as the buildings were erected than insist either upon the whole of these notwithstanding an Ordinance which prohibited their erection as they now stood. Even though upon their being vacated at an early date. the cost were $1,100 or $1,500 the Government The DIRECTOR OF PUBLIC WORKS-It would be perfectly justified in resuming the seems unfortunate that there seems to be not buildings. He was somewhat surprised to learn only some difference of opinion between the that in 1894 the Government had granted leases Medical Officer of Health and myself. on this to these squatters extending to 999 years. He question, but a conflict of evidence. I also was surprised because in 1894 thebuildings must regret that before the question came up for have been in about the same condition as they The minutes of the last meeting were read consideration first I was unable from were now. The best thing to do, especially as and confirmed.
press of business
to inspect the place. the importance of the village was increasing I still maintain that several of the houses have and as the Government had spent a large sum floors partly of stone blocks, some are partly of money on various improvements, was tiled, and others are of hard beaten earth or a doubtedly to resume the land providing the species of lime concrete; indeed they compare expenditure was a reasonable one. He would favourably with the floors of large shops in the also like to say, in reference to the minute of main street of Shankiwan, which are of earth the Director of Public Works written as head pure and simple. As to drainage,, the huts of the Public Works Department that “he did being on the side of a steep rocky hill, all water not think the houses were in an insanitary con used for cooking washing, or other purposes dition," that that was surely a question for the † flows rapidly away to the harbour. The huts Sanitary Board and its sanitary advisers to are described as being "unfit for human habita- consider. As the Board had, however, not ex- tion," but this is merely a commonly used expressed any definite opinion upon the question pression wanting in definitiveness. The fact remains that these huts have for very many years been inhabited by a not unhealthy looking set of tenants, who, I am informed, have been singularly free from disease. The owners and occupiers of the houses are now willing to sign the accompanying paper. There is no vote of the Legislative Council to be ex- pended in compensating the owners of land resumed, and to obtain such a vote now it would be necessary to bring the matter before the Conncil and plead urgent necessity for special provision. I at least could not conscientiously support such a plea. [The paper referred to was a guarantee of tenants to concrete the floors of their houses within two months, failing which they would submit to the demolition of the houses by the Government without compensa tion...
The Court then adjourned until 11 a,m. to-day.
HONGKONG SANITARY BOARD. A meeting of the Sanitary Board was held on 28th January at the offices. Dr. J. Minsanitary premises being rendered habitable or Atkinson (Principal Civil Medical Officer) pre- sided, and there were also present Hon. F. H. May (Captain Superintendent of Police), Hon. R. D. Ormsby (Director of Public Works), Dr. Clark (Medical Officer of Health), Mr. N. J. Ede, and Mr. H. McCallum (Secretary).
MINUTES.
THE INSANITARY AREA AT SHAUKIWAN,
An insanitary area at Shankiwan and the resumption of the uninhabitable dwellings there- on again formed the subject of discussion. The matter first came before the Board about two months ago in the form of a petition from the inhabitants of Shankiwan hillside who were holders of squatters' licenses, in which they asked for an officer to be sent to show them how drainage work which they had been called upon to do should be carried out. The Board then recommended the resumption. of the insani- tary area, but that it should be so carried out that the people would not have to quit their dwellings till, the end of February next. The recom- mendation was forwarded to the Director of Public Works for his opinion. He wrote stat- ing that he had inspected every one of the houses. To resume the property would cost $1,000 to $1,500. Many of the houses were solidly built of stone with tiled roofs and hard floors. He could not say he found them insani- tary: indeed many of them were clean and tidy and as good as the Chinese hats to be found in any part of the colony. If the occupants were all to be evicted and the buildings demol- lished he would ask to be informed where the funds were to come from. Several of the tenants were now willing to concrete their floors and improve their drains. He made re- commendations in regard to seven houses, which he thought should be removed. If his recom- mendations were approved a sum of $110 would be required before the occupants of the houses were noticed to turn out, and a further sum of $50 to clear and level the sites and improve the drainage.
These remarks of the Director of Public Works were circulated to members and the following minutes were appended-
Mr. N. J. EDE-I think it is desirable to carry out the original proposal of the Roard (16th November, 1897) after Chinese New Year..
The MEDICAL OFFICER OF HEALTH-The premises, referred to all have pervious earth
•
..
The SECRETARY having read these minutes a discussion ensued.
un-
of the sanitation of these buildings, having at the previous meeting been content to accept the opinion of its professional advisers there- on, he moved that the Colonial Secretary be informed that the Board were of opinion that the domestic, dwellings situated on the lots in question were in their present condition unfit for habitation.
The DIRECTOR OF PUBLIC WORKS said he had very little to say on the subject. The houses did not seem to him to be insanitary, as there was an absence of smells and a man who was acquainted with the village told him there had been no cases of plague and that the people were not unhealthy. That might be right or wrong, but of course Dr. Clark's opinion was more valuable than his on that point. The fact remained that the people had the houses on a long lease, and he did not think the matter was sufficiently urgent to ask the Government to vote compensation to the people. The land could not be laid out again for building purposes; indeed, the houses ought never to have been built, and if the people were turned out the houses; would be demolished and no others built there. He was of opinion that they should be allowed to concrete their floors as they had agreed upon, and that the matter should then be dropped.
The MEDICAL OFFICER OF HEALTH said he would like to say a few words about the sup- posed. conflict of evidence. Personally he failed to see that there was any conflict. The Director of Public Works said the floors were composed partly of stone blocks, partly of tiles, and partly of earth, while he (Dr. Clark) had said the floors were composed partly of earth and partly of loose stones, which was just about the The CAPTAIN SUPERINTENDENT OF POLICE same thing. He visited the houses in Shauki- said the remark made by the Director of Public wan on Wednesday in company with the Pre-Works that the houses ought never to have sident and the Surveyor and he found that an been built was a valuable one. The Board. ordinary rusty knife-would penetrate the earth ought to sieze this opportunity to do away with