10
persons had signed a document purporting to be a memorandum of association. It was open to a party to prove that seven qualified persons had not signed, aud that therefore there was no memorandum of association: but once a docu- ment signed by seven or more qualified persons was delivered as the memorandum of association of a Company, all further inquiry was barred | as to whether the document was in fact the memorandum of association of the Company. So here it is open to prove that the parties subscribing the memorandum of association had not subscribed the document 'alleged to contain the articles of association of the Company.
Now articles of association are, I take it, such regulations prescribed for a Company as the subscribers to the memorandum of associa- tion deem expedient and which subscribers to the memorandum of association have signed The signatures of the subscribers are evidence that certain regulations have leen deemed by them to be expedient.
THE HONGKONG WEEKLY PRESS AND
Many of the narrow lanes (courts they are termed in the Imperial Legislation) are render- ed far more insanitary than they otherwise would be by the erection of rooms over the entrance to the lane, blocking the access of light and ventilation to the lane. These could be re-. moved under the Working Classes Act above- nained, but here we can do nothing with them.
Whole areas which are insanitary can be laid out afresh or a wide street driven through them to render the remainder reasonably habi- table under the Imperial Act, but it does not appear that such a thing is possible here, al- though it is quite conceivable that it might be desirable in places.
+1
"The additional powers needed by the Board comprise (a) authority to order the demolition of any insanitary property if the nuisances which render it unfit for human habitation are not abated within a reasonable time; (b) power to order the removal of obstructive buildings. i.e., such as render other buildings unfit for In the present instance, the document de- habitation; (c) power to lay out insanitary areas livered to the register and now propounded as afresh or improve them by opening out streets the articles of association of The Company, through the area. Finally, the Board urgently contains merely a series of regulations not signed need power dealing with the present excessive by the subscribers to th: meinoranga of asso-height of buildings in relation to the width of ciation, and therefore not proved to be the streets, and an enactment to the effect that regalations prescribed for the Company by no house may be raised to a greater height such subscribers and therefore not the articles than it is at present. unless it be less than of association of the Company,
one and a half times the width of the street on which it fronts, would even be welcome, for every day's delay in dealing with this question is increasing the difficulty of its final settlement, and there can be no doubt that a settlement must be arrived at before long.
Fifty-four years ago Liverpool obtained far this subject than stronger regulations on have ever been asked for here, and yet we are still without them, and I would beg, therefore, to again direct the most serious attention of the Government to my remarks on this subject con- tained in my annual report for last year, a copy of which is attached."
!
The result is that he Memon Jum of Associa tion was not accompanied by articles of associa- tion and that under section 15 the regulations contained in the Taole mark A in the First Schedule to Ordinance of are to be deemed the articles of aviation of the Company, under which, as was admitted by the Company. counsel during the argument in the Court below, the right of the appellant to have the transfers registered is unquestionable.
In my opinion, therefore, the judgment appealed from should be reversed with costs both here and in the Court below, and it should be ordered that the register of members of the Mau On Insurance Company, Limited, should be rectified in the manner originally moved for by the appellant.
The Chief Justice -The order of the Court will be then that the judgment appealed from be confirmed, and the appeal dismissed with costs.
Mr. Slade (instructed by Messrs. Wilkinson and Grist) appeared for Mr. Ho Tang and Mr. Francis. Q.C. (instructed by Messrs. Deacon and Hastings for the Insurance Company.
HONGKONG SANITARY BOARD.
On the 5th instant a meeting of the Hong- kong Sanitary Board was held. "The President (the Hon. R. D. Ormsby, Director of Public Works) occupied the chair, and there were also present the Vice-president (Dr. Lowson, Acting Principal Civil Medical Officer), Lieut.-Col. Ryan, Dr. Hartigan, Mr. E. Osborne, Dr. F. Clark (Medical Officer of Health), Mr. Fung Wa Chuen, Mr. Chan A Fook, and Mr. G. A. Woodcock (Secretary).
THE BOARD AND INSANITARY PROPERTY.
Minutes were submitted by the Hon. the Acting Colonial Secretary and the M.O.H. re- lative to the Board's powers of dealing with in- sanitary property.
The Acting Colonial Secretary minuted:- "Has the Board found its powers of dealing with the premises unfit for human habitation insufficient, and if it has will the Board state what additionals it requires P
Dr. Clark minuted: The Board has no power of dealing with promises unfit for human habita- fion. It can serve a notice for the abatement of a nuisance, and if the Magistrate considers that such nuisance renders a house unfit for habita- tion he can order its closure until the nuisance is abated, but the Magistrates' order is made on the owner of the property, and when the pro- perty changes hands the order is no longer binding.
Moreover, such an order, involves the in- cessant watching of the property, which as a rule ought to be demolished, but for this there
Dr. Hartigan minuted-"We certainly should have power to close dwellings unfit for The Law officers should be human habitation. requested to draft such powers, as they say everything we proprose is illegal.
The PRESIDENT said that if they liked they would go into this matter that day, but he thought it was rather a big question, and they might refer it to a sub-committee. He was in
the hands of the Board.
Dr. Lowson said no committee of the Sanitary Board could ever satisfactorily solve this ques- tion without having proper legal advice, and until the legal advisers of the Crown make up their minds in some way or other to agree it was no use their sitting down and wasting their time drawing_up New Bills and long minutes like that of Dr. Clark's and getting nothing done. He proposed that the consideration of matter be postponed for a fortnight.
Lieut. Col. RYAN seconded, and the motion was carried.
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THE PROPOSED SANITARY WORKS FOR 1901.
The following minute by the M. O. H. re lativo to the proposed Sanitary works for 1901 was submitted :—
"I understand that the Government are anxious to have a definite statement from the Sanitary Board in reply to their letter No. 743, of the 1st May last, so that provision may be made in the estimates for 1901 for such of the works recommended by the Board as it is thought the finances of the colony will be likely
to meet.
"I do not see that that Board can do better than somewhat amplify their recommendations of March last contained in C. S. O. 507/00, by specifying the sites of the latrines and urinals, and by again arging the necessity for a refuse destruction, which is wanted almost as much for the destruction of refuse from plague-infected houses as for the ordinary domestic refuse of the city.
[July 7, 1900,
(d) an experimental underground latring, on a site to be selected by the Director of Public Works; (3) some further scheme for the conser- vation of the fresh water supply of the colony; (4) the refuse destructor, the erection of which was sanctioned in June, 1899.
M
The Hon. R. D. Ormsby minuted. (}) #I am not in favour of these urinals, and think we must go on with what we have for's time until the new reservoirs in Tytam are completed. (2) I do not believe in the underground latrines, (3) We have got sufficient schemes for fresh water supply for the next ten years....We should have a vote for $50,000 for them in 1901. (4) Let us have the destructor."..
The following minutes were also appended:- Mr. McKie "I support the views of the M.O.H."
Dr. Hartigan:-The latrines and, urinals are a necessity, and water must be provided.
absurd talking of doing nothing." It
Lieut. Col. Ryan: "I am strongly in favour of all the proposals of the M.O.H¡ Why not try the experiment of an underground latrine and set the matter at rest? Something should be done without delay to remedy the scandalous lack of ordinary conveniences in the colony."
Mr. Osborne; I agree with the M ̧OH.” Dr. Lowson-I agree with the M, O. H.'s (1); I agree with the President's 2; I would like to hear more from the D. P. W. on (8) I have heard so many "Tales from the Tytam Hills" that I prefer to trust my own judgment now on the question of water supply. I agree with No. 4. Perhaps there are other matters which want considering.",
Dr. Lowson asked if the President could inform them if an underground latrine had been definitely put down in the estimates, and if any instructions had been given to construct
one.
The PRESIDENT said the proposal to con struct underground latrines emanated from the Surveyor to the Board, Mr. Drury, who was now at home. Mr. Drury wrote a report which was printed and circulated, and spoken a good deal about, but at the same time he confessed he (the President) did not believe in underground latrines for this colony. If they sank down 13 feet in the lower part of the city they would come water, and he believed an under- to ground latrine would be impossible, except at an enormous expense. Then on the higher levels they would come to hard rock and would ex- perience great difficulty. Before Mr. Drury went away he asked him to prepare a plan and an estimate for an underground latrine, but he did not do so. Judging from the minutes it would appear as though nothing had been done in this matter, but he might state that during the last 12 months two latrines had been com pleted, two commenced, and another designed.
Lieut. Col. RYAN said that notwithstanding the President's statement as to the laud- able activity of the Public Works depart- ment in constructing, these public con. veniences, the fact still remained that this colony was in a lamentable. position in regard to them, and he thought the meml ers of the Board were fully justified in pressing this matter.
Dr. CLARK said their duty was
to make provision in next year's estimates for certain sanitary works, and he begged to propose that that Board recommend the government to make provision in next year's estimates for the following sanitary works; firstly, eight public urinals on the sites recommended by the Board; secondly, four additional public latrines; thirdly, an extension of the waterworks for the supply of the city of Victoris: and fourthly, the refuse destructor recomended by the Board, and “ap- proved by His Excellency the Governor in June, 1899.
Dr. Lowson seconded and the motion was carried.
PUBLIC CONVENIENCES. The committee appointed to consider the "I would suggest, therefore, that the question of public conveniences, presented their Board recommend for next year's programme report, in which they recommend the placing (1) the erections of eight urinals on the of conveniences opposite Wanchai, Market, sites specified in the committees report con- Murray Pier (as an annex to the new Victoria tained in C. S. O. 1271/00; (2) the erection of Recreation. Club), below Battery Path, under No. 1, Chak Lane, is a property which ought four additional public latrines on the following the steps at the south-west corner of the Central to have been demolished long ago, and yet there sites: (a) on a portion of the triangle opposite Market, below the slope, leading up to the Civil is no, power to order this to be done, such as Wanchai Market; (b) at the junction of Caro-Hospital grounds from Queen's Road West, at exists at home under the Housing of the Work-line Road and Caroline Hill Road: (c) at the the corner of Second Street and Western Street, junction of Second Street and Western Street; over the sea in the neighbourhood of Canton ing Classes Act.
are no powers.