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kind. They either got compensation or were allowed a certain length of time. It seemed to him a fair subject for consideration whether or not they should adopt that principle.
The ATTORNEY-GENERAL proposed in sub- stitution for the third proviso of sub-section 3 of this clause: "The amount of comp nsation to be paid to the owner of auy building re- erected within- -years after date of the commencement of this Ordinanc for the los of any story or s'oreys necessarily resulting from the operation of this sub-section shall be determined by arbitration as hereinafter provided." If they filled up the blank with 5" the sense of the Counc.l mig..t be taken. Hon. Mr. SHARP proposed that the whole matter be reserved; they had already left over several sections for subsequent discus-ion.
The section was left over for further con- sideration.
On the motion of Hon. Mr. SHARP, c'ause 201 was amended so as to take away from the Building Authority the power to prescribe the class of buildings which shall be erected on any land not occupied by buildings at the date of the commencement of the Ordinance.
Hon. Mr. SHARP put forward an objection to cause 22 with respect to its requ rements re plans and drawings. According to the cou ditions, he said, the rural dist icts of the Colony were not exempted, and any one desi ous of building a small house worth $100 or so would have to go through all the formalities of em- ploying an a chitect and lodging block and drainage plaas.
The ATTORNEY-GENERAL said it might be be possible to exempt such houses as Hon. Mr. Sharp had indicated.
H.E. Major-General GASCOIGNE pointed out that such a course would be dangerous with regard to the matter of compensation.
Hon. Mr. SHARP asked if the Governor in Council could not exempt certain specified districts ?
The COLONIAL SECRETARY remarked that the Building Ordinance of 1:89 applied equally to the whole island as well as this Ordinance did. Hon. Mr. CHARP thought that was wrong in principle.
The COLONIA'. SECRETARY said it was very convenient at auy rule.
The DIRECTOR of PUBLIC WORKS stated also that the operation of these requirements had never caused any inconvenience.
The section was approvel. The Council afterwards adjourned.
A meeting of the Legislative Council was held in the Council Chamber on the 16th inst. Present:-
HIS EXCELLENCY THE GOVERNOR, Sir HENRY A. BLAKE G.C.M.G.
Hon. F. H. MAY, C.M.G. (Colonial Secretary), Hon. Sir HENRY SPENCER BERKELEY, KT. (Attorney-General).
Hon. A. M. THOMSON (Colonial Treasurer). Hou. Commander R. M. RUMSEY, R.N. (Harbour Master).
Hon. W. HATHAM (Director of Public Works).
Hon. Dr. F. W. CLARK (Medical Officer of Health).
Hon. Dr. Ho KAI, C.M G.
Hon. WEI YUK.
Hon. C. S. SHARP.
Hon. C. W. DICKSON,
Hon, G. W. F. I LAYFAIR. Hou. R. SHEWAN.
Mr. C. CLEMENTI (Acting Clerk of Council).
PUBLIC HEALTH AND BUILDINGS BILL.
On the motion of the ATTORNEY-GENERAL, seconded by the COLONIAL SECRETARY, the Council resolved itself into Committee and resumed consideration in detail of the clauses of the Public Health and Buildings Bill.
Clause 227 provided for a penalty of $200 for the use or condonement of the use of any materials, in any buildings or works, contrary to the requirements of the Ordinance.
Hon. Mr. PLAYFAIR said that $200 was far too small a penalty. It should be made ยง2,000.
HE. THE GOVERNOR pointed out that th penalty was really a great deal more thau that; suppose a man in building a house put in mud instead of lime he could be called upon to re- move it.
The ATTORNEY GENERAL expressed his Willingness to make the penalty $500,
This amendment was agreed to.
THE HONGKONG WEEKLY PRESS AND
Hoa. Mr. PLAYFAIR moved the follow- ing addendum to the clause :-"In respect of any offence under the preceding paragraphs whereby loss of life is caused the Magistrate must at once hold an official enquiry."
The ATTORN Y-GENERAL said the law at present provided this.
Hon. Mr. PLAYFAIR remarked that be differ ed. He had asked the question before in the Council aud at the time pointed out that section 6 of Ordinance 17 of 1888 only permits the Magistrate to enquire into the cause of death and does not compel him to do so.
H.E. THE GOVERNOR said there were certain cases in which the Magistrate need not enquire into the cause of death, if he was satisfied that it was clearly accidental. Suppose A 130 walking along the Praya was seen to fall into the water and was drowned it was quite possible the Magistrate would not consider it necessary to hold an ouquiry.
Hon. Mr. PLAYFAIR thought the addition he proposed would be a good thing, because there had been a great many fatal collapses of houses and no enquiry was held until he asked the question in that Chamber.
The COLONIAL SECRETARY pointed out that the enquiries could not be instituted until the Magistrate had a returu supplied and was able to ascertain which he would enquire into. There were some collapses that were due to the typhoon itself. The collapse of the matshed at the Naval Hospital when a man was killed was caused by the force of the wind. There was another collapse at Charterh use, where a couple of coolies were killed, which was due to the weather and to nothing else The Magistrate very rightly did not hold enquiries in these cases, and be submitted that the Magistrate had already enquired, or was about to enquire, into every case in which there was any susnicion at all that the death was due to culpability. What the hon. member was bringing forward now seemed to impute to the Magistrate a desire to shirk his work. He did not think any Magistrate had that desire.
Hon. Mr. PLAYFAIR said he was not aiming at individuals but wanting to bring forward a general thing.
[December 20, 1932.
wise direct. These sections, it seemed to him, were clearly applicable only to the towns, and it was bad legislation to apply them to the villages and rural districts. He contended further that it led to all sorts of malpractices and fraud. An ignorant, innocent rustic built his little shanty, coating perhaps not a hundred dollars. According to the provisions of this Ordinance he was required to employ an authorised architect and submit block and drain- age plans. He was further not permitted to occupy that house until it should have been passed by the Sanitary Board. Hon. members all know or had pretty strong suspicions of the blackmailing and squeezing that went on, and they could easily imagine these villagers being wu.ted upon by some astute native very well up to the tricks of the business, who knew the law and went to them and said-" You are con travening the 1.w and unless you square me I will see that you are paid out." The Colonial secretary and the Director of Public Works had defended the application of these sections to the whole Colony as being convenient, bat that did not make it right. With the m chinery at its disposal it would be utterly impossible for the Government to see that the provisions of these clauses were carried out.
The DIRECTOR OF PUBLIC WORKS & id it was an extremely rare thing to have building going on in any of th villages except Aberdeen and Shaukiwan, which were gradually growing into small towns. In the other villages the ten- dency was to decay instead of increase. In Kow- loon, Mongkoktsui, Taikoktani, Kowloon City and these places were rapidly growing it to fair sized towns, and he thought it would be grave mistake if they exempted these places from the provisions of this Ordinance. It simply meant that they would develop into hotbeds of insanitation.
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Hon. Mr. SARP said it would always be possible for the Governor in Council to make the provisions apply.
The M DIJAL OFFICER OF HEALTH wa: of the opinion that if these places were exempted nd the houses built without supervision a very bad class of houses would be the result.
The COLONIAL SECRETARY thought that the The COLONIAL SECRET BY went on to say fears of the hon. member that the p or rustics that it was the duty of the Magistrate to enquire in these di tricts would be subjected to any into any case in which there was reason to hard-hip were unfounded. He had had a good suspect that the death was due to neglect or deal of experiene of what was known as squeez- fault of somebody. If they forced the Magising, and he had never knowu the Building trate to enquire into every case in wich life was lost in this Colony be would be sitting doing nothing else.
H. E. THE GOVERNOR added that the Magis tr tes did very important work and it would interfore with that work if the Council passed an Ordinance requiring them at once to enquire into these collapses and to defer other important work going on b fore them day by day which could not be deferred without great public incouvenience, whereas frequently important enquiries could be more satisfactorily carried out after there had bou time to get the necessary reports and material for an ouquiry.
On the proposed amendment being put to the meeting, it was defeated by a majority.
H.E. THE GOVERNOR --Would you like to divide, Mr. Play fuir?
Hon. Mr. PLAYFAIR-There is no use, sir, It is an official majority.
The clause was approved.
The ATTORNEY-GENERAL moved that the whole of Part V of the original Bill be struck out. At the time that part of the Ordinance was prepared and printed it was intended to repeal the Crown Lands Rosumption Ordinance of 1900 and incorporate its clauses in this Ordinance. On further consideration he had come to the conclusion that that was unnecessary and really an unwise step to take. The result had been that the arbitration clauses wou'd all be struck out and in substitution be proposed certain other clauses.
Theso clauses, numbered 249 to 252, were read, and were left over for further consideration on the suggestion of Hon. Mr. SHARP, who also raised the point of costs in arbitration cases and undertook to frame a clause embody ing his views and lay it before the Council.
to
Hon. Mr. SHARP moved is addendum section 274 that sections 202, 22 1,321, 223, and 224 do not apply to the villages and rural dis. tricts in Hongkong and Kowloon until tho Governor shall notify in the Gazette or other.
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Ordinance to be used for the purpose of squeeze in the way indicated by the lion. member. No complaints had ever arisen from any of the villagers that they had been harrassed by the Building Ordinance, and this Ordinace had really been in force since 1839. It was con- venient that it should apply to the whole Colony because they never knew when there would be a development in some village, and it was neces- sary that a certain class of new buildings should be built under supervision.
Hon. Mr. SHARP submitted that the Govern ment had not got the necessary staff to insure the_carrying out of the provisions of the Ordinance.
The ATTORNEY-GENERAL said that was a matter for the Government to consider in its | administration. If it became necessary the
proper provisious would be made.
Hon. Mr. SHARP added that when he raised the point on the clauses being discussed he had been fold that no prosecutions would be made under these clauses in the cases he had referred to. But that was up answer at all. Why make an Ordinance if you are not going to enforce it? It was not good legislation. Upon the passing of this Ordinance, plans would have to be shown of every house.
The MEDICAL OFFICER OF HEALTH said that plans were sent in now and the Sauilary Board had inspectors at Shankiwan. Aberdeen and Kowloon City.
Hon. Mr. SHARP remarked that it was a mattor of principle he was contending for- against onforcing these country p:ople coming in here and getting an authorised architect.to draw up plans at a cost of thirty or forty dullars.
H.E. THE GOVERNOR mentioned that though there might be no new houses in s me of those dis- tricts at the present moment very substantial houses might be built there at any time, and it was necessary that these should be built and supervised from a sanitary point of view.
The ATTORNEY-GENERAL asked if Hou. Mr. Sharp's purpose would be served if they made
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