July 28, 1906.]
Cheung, Mr. Hooper asked what about the leper.
The PRESIDENT-The leper has returned to his country.
Mr. HOOPER-It was leprosy then, sir? The PRESIDENT-Yes, it was. He was sent to his country, but returned.
It was agreed to forward the report to the Government.
THE CUBICLE QUESTION.
With reference to an application for permis. sion to erect four wooden posts for hanging curtains on a Chinese door. Mr. Humphreys wrote that the "cubicle question wants going into de novo. Curtains, rags, aacking, etc., äre much more dangerous to health than properly arranged cubicles. No amount of ordinances and no quantity of inspectors will ever prevent Chinese putting up temporary partitions of the above nature.
CONCRETING GROUND SURFACES,
Further correspondence was submitted regarding the question of concreting ground surfaces.
1
Mr. LAU CHU-PAK minuted—I don't think the P.C.MO. should have given such instruc- tions as he did in his minute dated July 2nd without first consulting the Board. It is entire ly a question for the Board, and the papers should have been laid before the Board before any instructions were issued. If the P.C.M.O. was correct, then the only way the Board cao have section 112 carried out is to prove a nuis. ance under section 26, and the notices, which were served during the past two years requiring prorerty owners to relay the concrete land i within the last four or five years, should not have been served at all, and the owners and tepants would have been saved a lot of trouble and expense.
According to sections 111 and 112, the concrete must be laid to the satisfac- tion of the Board, and in this case the Board had not been consulted before a liue of action Was drawn. The P.C.M.O.'s minute introduces an entirely new view of the matter, and he takes upon himself to decide what is only in the province of the Board. Were the instructions referred to by Mr. Carter in his minute dated July 5th given by the M.O.H., who, as the advisor to the Board, and as one of the chief executive officials for the enforcement of the ordinano, appears to have been ignored in the matter? The con. creting of ground surfaces in every instance was carried out under the supervision of and passed by the sanitary surveyor and the plague inspectors, and yet, after two three years, when another officer is told to go round thing he condemns it. Who is to suffer for this state of affairs? The owners of
pro- perly and their tenants are the sufferers. The course proposed by the P.C.M.O. appears as if it is to shield an officer by whom the concrete was passed. As in this instance, he admits he might not have examined all the houses in question, so it may be presumed that in
or
10 808 the same
some other instances he might not have examined at all, but simply signed the certificate. as he thought fit. Mr. Perkins' reports that the concrete had never been good", and that being so, the work should never have been passed. It would not have cost the owner anything more than contract price if at the time the surveyor had refused to pass the work, whereas now to add cement on the top as a compromise will cost the owner, if not more, equally as much money and trouble as to do the work over again. I strongly object to the compromise unless the Board itself is prepared to pay for what is not due to the fault of the owner.
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CHINA OVERLAND TRADE REPORT.
Hon. REGISTRAR-GENERAL-The inspection is not made to protect the owner against the contractor he employs.
The PRESIDENT-I am afraid we shall get no satisfactory solution of this concreting ques tion until the Board's resolution of November 28th, 195, is given effect to. This asks for four inches of cement concrete in lieu of the six inches of lime concrete. Experts state that it is practically impossible to get good lime concrete in Hongkong.
If it was the
The PRESIDENT said they could not give effect to that resolution as au amendment of the existing ordinance nutil after the commission had finished its deliberations wish of the Board, Mr. Hooper and he might inspect those particular houses. He read Mr. Bryan's explanation on the point raised by Mr.
Hewett.
Mr. HEWITT said it was no explanation at all. It showed that the work mast Нага been slackly done.
The President's suggestion was approved.
CHINESE CEMETERY WANTED.
An application was presented from the masters of the stone quarries of Ngan Tau Kok, Sai Cho Wan, Cha Ko leng and Lyeemoon for a piece of land to be set apart for use as a public cemetery.
Mr. HEWETT pointed out the probability of an increase of population in this district within the next few years, and remarking that he would like to have the question of a cemetery discussed.
The question was referred to the Registrar- General.
SENIOR INSPECTORS' AUTHORITY.
The following draft anthority which is to empower senior inspectors to enter premises and inspect and seize food in accordance with section 83 of the Public Health and Buildings Ordinance 19 3, was submitted :--I, the under. signed, hereby authorise you
8
senior sanitary inspector in the Colony of Hongkong, when instructed in writing by a Medical Officer of Health or the Colonial Veterinary Surgeon to do so, to enter, between the hours of 6 am and 6 p.m., any shop or premises used for the sale or preparation for sale, or for the storage of food, to inspect or examine any food found therein which you may have reason to believe is intended to be used
88
human food, and, in case any such food appear to be unfit for such use to seize and submit the same to the officer issuing the said instructions. (Sd.) secretary.
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SUPREME COURT.
Tuesday, July 24th.
57
IN SUMMARY JURISDICTION.
BEFORE Mr. A. G. WISE (PaisNE JUDGE).
DISPUTED PROMISSORY NOTE, The Fat Lee sued the Kwong Ching Chaeng firm to recover the sum of $211.60 principal and interest due on a promissory note dated April 20th, 196, or in the alternative for money lent.
office) appeared for the plaintiff, aal Mr. Otto Mr. J. H. Gardiner (of Mr. O. D. Thomson's Kong bing for the defendant.
Plaintiff said defendant applied to his son for the money, and on his son representing the case to him he agreed to advance it, receiving a promissory note from the defendants in return. Cross-examined-Defendant did not know whether bis son had handed over the $210. He was unacquainted with the members of the defendant firm
After further evidence his Lordship gave judgment for plaintiff.
Wednesday July 25th.
IN SUMMARY JURISDICTION,
BEFORE MR. A. G. W188 (PUISNE JUDGE).
THE WRONG DEFENDANT,
Leung Tak sued Au King-tsun to recover the sum of $500, being damages sustained by the plaintiff by reason of negligent navigation by the defendant's steam launch Lee Shing, where. by the plaintiff's waterboat was damaged in Hongkong waters. A third party notice had also been issued by the plaintiff.
Mr. J. H. Gardiner (of Mr. O. D. Thomson's office) appeared for the plaiutiff, a.d Mr. H. K. Holmes for the defendant.
Mr. Garliner applied for an adjournment, but Mr. Holmes asked bis Lordship to hear the case, as he contended his ol ent was not liablers
His Lordship Why don't you, or somebody else, pay up what is reasonable
Mr. Holmes-There has been an offer, I understand, to pay what is more than reason. able.
His Lordship-But the amount claimed ex eeds the offer."
Mr. HEWETT in a minute said he agreed Mr. Holmes--The offer exceeds the amount to the draft authority provided it was distinctly of valuation, made by Captain Douglas after a understood that even with this general instruc-survey of plaintiff's vessel. The defendan has tion a sanitary inspector could poly enter a certain house when he had specific instructions to do so from the M.O. H. and C.V.S.
MACAO MORTALITY STATISTICS,
Mortality statistics from Macao were laid on the table. They showed the total deaths for the week ending July 9th to be 72, or 47.74 per thousand.
HONGKONG'S MORTALITY.
The mortality statistics for the week ended May 26th, shows the death rate of the Bitish foreign and Chinese community, excluding the army and navy, to be 34.1, as against 23.7 for the corresp›ading week of
last year.
RICSHA SMASHED BY A TRAM.
There was an exciting scene at the corner of Des Voeux Road and Queen Street on July 2h, when a ricsha coolie attempted to pull his vehicle, in which a Chinaman was seated, { across the front of an approaching tram. 2 serious Finding he could not cross he turned back, but As soon as the motorman allegation against the officer who passed the filed in this also. work and issued the certificate in the first
realised the danger he applied the emergency brake, but the car was too close to be pulled up
Mr. HOOPER-This contains
instance and should be thoroughly investigated.
Mr. HUMPHREYS-Th- P. M.O.'s inst. uc-
tions to Mr Carter dated July 2ud may have been ultra vires, but they were very sensible, and should in my opinion be endorsed by the
Board.
B
Mr. HEWETT-I would like to hwe written explanation of a paragraph I have marked in the surveyor, Mr. Bryan's,
winute.
'
Mr. FUNG WA-CHUN—I would suggest that the matter be thoroughly sifted before effecting, any compromise
in time to avoid a collision. The ricsha was
overturned and completely smashed, while the unfortunate passenger was jammed between the ricsha and tue trolley post, with the result that his legs were broken. He refused to go to the hospital and was attended by Dr. Jen Hawk. The ricsha coolie ran off but was apprehended later and ou being brought before Mr. F. A. Hazeland at the Magistracy yesterday on charge of careless driving was fined $15 or a month, his defence being that he did not see
the car.
B
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waited upon the plaintiff. and referred him to the person whom he contended was liable at the time of issue of the writ.
His Lordship I can give judgment now and refer the question of damage to the Registrar.
Mr. Holms-I contend that defendant, the only party against whom judgment can be given, is not liable.
d ad.
His Lordship-The third party, I know, is Between you you are willing to pay. Why don't you settle the matter?
Mr. Gardiner-Tuere has been au offer, bat owing to Mr. Hett's intervention it has not beeu paid.
His Lordship-What is the offer?
Mr. Holmes-Tuere has been an offer, but not by my client.
His Lordship-But he won't mind if som ›- body else pays.
Mr. Ga diner-The third party, a widow, has made an offer.
Mr. Holmes I understand the off or has been refused.
His Lordship-I don't know anything about it, but it will come to this: I shall refer the malter of damage to the Registrar.
Mr. Holmes-I submit that as the third
on the merits of the case.
party is not present I am entitled to judgment
Mr. Gardiner-Parhaps it would bɔ batter if your Lordship would hear the arguments and decide whether defendant is or is not liable.
His Lordship -[_don't mind, but it seems to me you are wasting time. Somebody his offure to pay up the amount of the damages.
Mr. Gardiner-We are prepared t› sco-pt that offer, but it has been withdrawn.
His Lordship-I understand there is some money paid in.