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view as they might be. Some difference of opinion may exist as to the definition of the term "back-to-back" houses. These are back-to-back houses in the sense that ingress and egress can only be had by the front door | and that their backs do not open on a lane but adjoin similar houses in the rear; each house has, however, a yard or air shaft at the back, six feet wide and running the whole width of the house, the kitchen being situated on the opposite side of the yard and thus separated from the house proper. In most cases the yards are grouped in pairs, above the ground floor, thus in- creasing the open area. It is only the kitchens that are really built back to back. Mr. DANBY contends that the space at the back is more profitably utilised in the form of yards than itwould have been in the form of a lane, inasmuch as in the latter case much of the light and air now ad- mitted to the dwellings would have been excluded by the kitchen, which would then have had to be an integral part of the house instead of being separated from it by a yard as is now the case. As the kitchen in Chi- nese houses is used also as the privy its detachment from the house is on that ground alone desirable. On the other hand a lane open at cach end would naturally give a much better circulation of air than a number of air shafts, even although open- ings be provided in the walls separating
the shafts.
While landlords may be justly blamed for erecting houses that fall short of reasonable sanitary requirements the Go- vernment is still more to blame for not having made observance of those require ments compulsory. Landlords are not phil- anthropists and in the great majority of cases they think that if they comply with the law they have done their duty. It is the duty of the Government to see that the law sufficiently provides for the safety of the public health, and in the discharge of that duty it has been culpably neglectful in the past. This neglect has characterised it not only in its legislation, but also in its executive acts. As an instance it may be mentioned that when the lots at Yaumati south of the Police Station were sold they were laid out with ten feet scavenging lanes, but when other lots in the village were subsequently sold the lanes were omitted, thus offering encouragement to the erection of objectionable back to back houses. In this case there was a distinct backsliding on the part of the Government, which is none the less culpable because it was probably the result of an oversight. However, all parties
the are agreed now that colony must be set in order in a san- itary sense, and landlords are as much interested
other class of the ટીક any community in the prosperity of the place. It is to be hoped therefore that the good work may be entered upon and carried out without needless recrimination. That land- lords are not altogether without a conscience in the matter may be inferred from the fact that in a considerable number of cases they have voluntarily complied with the sugges tions of the Sanitary Board and sacrificed a portion of the kitchen to make an air shaft for back to back houses. The Sanitary Board has effected a great improvement in this repect, quietly and without friction and in a way which reflects great credit upon that body. The local architects have also played a creditable part in the matter. We have reason to believe these gentlemen approve of the amendment of the existing building laws in a very radical sense and that they would be willing to give the Gov- ernment the benefit of their experience and
THE HONGKONG WEEKLY PRESS AND
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advice in the drafting of the new regula- tions if invited.
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(5th July.)
In
With reference to the letter of Mr. OSBORNE, published in another column, the term recommendations of the Sanitary "Board" as used in our leading article of yesterday possesses a specific mending, namely, the recommendations of the San- itary Board as formulated in the recently published report of that body upon the report of the Insanitary Properties Com- mission. In that document the Board says: Every house should have an open space in the rear, of the arca mentioned in the following table, which area should extend "for at least half the width of the house and from the back wall of such house to "the line of division between it and the adjoining house or property-Houses "exceeding 40 ft. in depth, 50 sq. ft.; "exceeding 40 ft. not exceeding 50 ft., 90 sq. ft.; exceeding 50 ft. not exceeding 60 "ft., 130 sq. ft.; exceeding 60 ft., 175 sq. ft." According to this table, which has not yet been brought into legal operation, the houses in Pottinger Street under discussion should have an open area of 50 sq. ft., whereas as a matter of fact the average open area per house is over 80 sq. ft. point of law no open area at all need have been provided. As has been pointed out by Dr. CLARK, "there is no power to prevent the erection of back-to-back "houses
except upon land purchased "after the passing of Ordinance 24 of 1887, which practically means that the whole of the city outside of Taipinshan can be re- "erected with back-to-back houses." If the Sanitary Board were asked what width of back yard it would recommend for any particular houses, using the word "recommend" in its ordinary sense, they would no doubt re- commend an area far in excess of that mentioned in the scale above quoted, but it is a different matter when they are asked to say what area should be made legally com- pulsory, having regard not only to what is desirable in the abstract but to what is With reference possible in the concrete. to the permission to erect verandahs over Crown land, of which Mr. OSBORNE also makes mention, it is the case, we under- stand, that the Government withholds permission unless the owners of property acquired before the passing of the Health Ordinance and which is being rebuilt provide open areas, but it would seem that compliance with the provisions of the Ordinance is not rigidly insisted upon in such cases, the necessary permission being given in some instances when areas are provided of less extent than those mentioned in the Ordinance. There is a certain amount of give, and take in the matter. Where an owner is not legally compelled to provide any open area at all it may be worth while to give him permission to the side path as erect verandahs over an inducement to him to provide such open areas, even though they are not of the dimensions laid down in the Public Health Ordinance as applicable to houses built on land acquired from the Crown after the date of that Ordinance. Some latitude in granting the permits seems necessary, be- cause while an owner would recoguise it as being to his interest to provide a certain amount of open space in order to obtain the privilege of erecting veraudahs over Crown land, if the amount of land he is re- quired to sacrifice is greater than he will be compensated for by the verandahs, he will do without the verandahs and no good at all will be done.
In connection with the question, of back
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[July 9, 1898.
to-back houses we must correct a misappre- hension that may have arisen from our remarks of yesterday with reference to Yaumati. We said that when the lots south of the Police Station were sold they were laid out with ten feet scavenging lanes, but when other lots in the village were subsequently sold the lanes were omitted, thus offering encouragement to the erection of objectionable back-to-back houses. The lots more particularly referred to were those on the south-east side of Yaumati. During the last few years, in Mr. COOPER'S time, there has always been provision made for a scavenging lane, both at Yaumati and at Hunghom.
APPROACHING END OF THE WAR.
The complete destruction of Admiral CERVERAS' squadron at Santiago should bring the Hispano-American war to a speedy termination. Spain is now helpless for offence and in Cuba and the Philippines almost equally helpless for defence. Manila is by this time probably in the hands of the Americans, and in Cuba it is simply a case of surrendering at once or prolonging the siege without hope of relief or of ultimate success in beating off the invaders. If surrender is not made voluntarily it is to be presumed that the United States will strain every nerve to bring resistance to an end as speedily as possible, for the hardships of a prolonged blockade with its resultant will fall less hardly on the famine Spaniards than on the unfortunate Cubans for whose deliverance the war was under- taken.
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The United States and their splendid
are to be congratulated upon the navy success achieved in arms, and we entertain confidence that congratulations will also be called for in due time by the settlement of the intricate political problems arising out of the situation. The war was entered upon in the cause of humanity and in an entirely unselfish spirit. At the beginning there was no thought of territorial aggrandise ment, but the end will leave America in possession of Cuba and the Philippines and it may not be easy for her to withdraw without incurring the danger of handing those countries over to anarchy. Willing or unwilling, she will be compelled to accept the responsibilities of the situation. Her policy will no doubt be to promote the ultimate establishment of independent re- publics, but an effective protection with partial occupation will probably be neces sary for a long time to come. The war has also demonstrated the necessity of annexing Hawaii, a step which has been greatly longed for by the existing Government of that group of islands.
SUPREME COURT.
4th June.
IN APPELLAte Jurisdiction.
BEFORE SIR JOHN CARRINGTon (Chief JUSTICE) AND MR. JUSTICE WISE. (PUISNE JUDGE).
Mr. J. J. Francis, Q.C. (instructed by Mr. H. Hursthouse) appealed against the decision of Mr. Justice Wise on 20th alt. in the case of Kwan Lu Lee v. Po Fung, the judgment of the Court below having been given for defendant. It appears that a man known by the plaintiffs to have been in the defendant's employ came to their shop and ordered some flour, and later on delivery order, chopped with the defendant's chop, was presented to the plaintiffs, and the goods were taken away in the defendant's curt, It appears, however, that the man who ordered the goods had been dismissed from the de-
a