December 1, 1906.]
very much harder to get unofficial members to serve оп the Board. It is absurd that we should have to give up our business work to suit the convenience of a few official members It may suit you, but not as, and I think in the end it would make a difference.
Mr. HUMPHREYS seconded the amendment. Mr. HOOPER-i am sorry to find myself at variance with my unofficial colleagues, but I think Mr Hewett has made a mistake when he says that by coming here at 2.30 it would deprive him of a whole afternoon.
Hon. Mr. HEWETT-I know my own business, Mr. Hooper!
Mr. HOOPER-I am not speaking of your business. I will speak for myself, and say it is much more convenient for me to ba absent from my office from 2.30 till 3.15 than from 415 till 5 p.m. That is what I meant. I don't mean to be personal in any thing.. I think if the business men in the Colony were consulted, most of them would support me, because the majority of the directorates of eight of the twelve public companies in the Colony meet at noon or 2.30 p.m. That is sufficient answer to what my friend has stated. So far as the Government members are cerned. I don't think it is quite fair of the unofficials to say they are forcing it on them. I take it they (the officials) have got to work during office hours, and if they look upon this as work they are working pro bono publico. That is the greatest form of Government there is. I will support the motion.
con.
Hon. Mr. HEWETT- -The meetings of this Board, as Mr. Hooper knows perfectly well, very often run to two hours, sometimes over They are very rarely less than an hour and a half.
Mr. HUMPHREY8-Mr. Hooper mentioned that all Board meetings took place before three o'clock-
Mr. HOOPER-I said nearly all of them. Mr. HUMPHREYS-Those I am connected with meet after three.
Mr. HOOPER enumerated the Boards of various companies which he knew met before three.
Hon. Mr. BADELEY- This is a matter in which we should be guided entirely by the views of the majority of the unofficial members.
Hon. Mr. HEWETT-Mr. Fung Wa-chun is not here, but he is entirely of the same opinion as Mr. Humphreys, Mr. Lau Chu-pak and myself. It simply means that I shall be fo ced off this Board, and I don't wish to be.
The PRESIDENT-As the majority of the unofficial members are in favour of the amend- ment, I agree with Mr. Badeley and will withdraw the motion.
A HEALTH QUESTION. Mr. HUMPHREYS moved the suspension of the standing orders as he had a rather important, question to bring forward.
Hon. Mr. HEWETT seconded, and members agreed.
Mr. HUMPHREYS-The other day it was reported to me that a very large quantity of human excreta was dumped in the nullahs by the side of the Military Hospital. I had that on good authority and went up yesterday even- ing to search for it, but couldn't find it, from which I gather that the stuff has since been removed. I should like to know whether the Board have any information on the subject, because there are several typhoid cases in the Military Hospital, and if their exereta were so dumped it would be a menace to the children of Hongkong.
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Mr. HOOPER-While on the subject I may say that we found coolies dumping exoreta in a Dullah outside my house at 5 30 in the morning I called the attention of the Medical Officer of Health to the fact, and in the course of a few hours the staff went up there and I am informed they removed four buckets of it. There is Boother four in the nullah now.
The PRESIDENT It is practically impossible for our staff to inspect the whole of the nullahs in the Colony to see if this is going on But, if it is brought to our notice, we will investigate it at once.
Hon Mr. Badeley- Or let me know.
CHINA OVERLAND TRADE REPORT.
APPLICATION FOR EXEMPTION.
377
The REGISTRAR-GENERAL—This will should The agent for Wing Shu-tak, owner of 315 | be protected from contamination by being Queen's Road West, applied for exemption from covered over and fitted with a pump. the Building Authority's notice 882 requiring The PRESIDENT moved that the well be the opening out of spaces for the premises closed. of this house, as it had hitherto been exempted from so doing on account of the back of the building facing a private street.
The MEDICAL OFFICER OF HEALTH.-I do not think that this house should be exempt from the provision of a yard. It has no yard at all but the back window of a kitchen looks into a lane. The Board has, so far as I am aware, not granted exemptions hitherto in such cases.
Mr. HOOPER-I think this should
be
granted.
Mr. HUMPHREYS-Is the lane a Government or private lane!
Mr. LAU CHU-PAK-What is the width of the lane? In cases where there are lanes at the back, the provision of yards should not bẹ insisted upon as it may endanger the stability of the buildings.
The REGISTRAR-GENERAL-Is the modifica tion necessary
The matter was deferred for consideration.
MODIFICATION OF REQUIREMENTS WANTED
Mr. B. Brotherton Harker applied on behalf of Mr. Kwok Lo-kwai, the owner of No. 18 Gough Street, for a modification of the require ments of subsection 3 of section 188 of the Public Health and Buildings' Ordinance of 1903, The letter stated that the reason of the applica tion was that the kitchen above the level of the roof was intended to be built to the height of the former kitchen, which had to be pulled down for the purpose of resumption by the Government, and was by this means forced upon his client who heretofore enjoyed the privilege.
The MEDICAL OFFICER OF HEA TH said he had visited the premises aud failed to see any necessity for an additional kitoben on the roof. There was a kitchen on each floor and a separate kitchen even for the cockloft, and he could not recommend the modification applied for.
The REGISTRAR-GENERAL-I presume the owner got very good compensation for the back portion of his premises.
The VICE-PRESIDENT- The back porti n of these premises was demolished by Government in carrying out the Mee Lan Lane improvement scheme. I think the owner has a fair claim to build to the former height.
The application was refused.
TO PRESERVE NOTES.
An application was made for permission to retain two cubicles on the second floor of No. 10 Reinacker Street, and in connection with the matter some members wrote their minutes in lead pencil.
HON. Mr. HEWETT minuted-Notes by officials should be written in ink or indelible pencil, not in ordinary black lead pencil which can so easily be defaced by handling or time. I notice the Medical Officer of Health has taken to writing his minutes in pencil.
EXPERTS AGAIN DIFFER.
Samples of water taken from a well at 16 Gage Street were forwarded to the Government Analyst and Bacteriologist for examination and report. The former reported the water potable, and the latter non-potable.
The
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Mr HUMPHREYS-The Government Bacle- riologist says the sample is non-potable, but he does not say it is dangerous to life. closing of wells that are not actually dangerous to life is a doubtful expedient in view of the water supply being intermittent during the winter months, as the Chinese are thereby compelled to draw their supply from still more contaminated sources such as stagnant pools and polluted nullahs,
Hoo. Mr. HEWETT-The surroundings of the well are reported to be very unsatis- factory. I gather from this the water may be contaminated through the soil, sad think of the wall will not of necessity
pare. Unless stronger argument be brought forward in favour of the well being left open, it should be closed.
the covering over water
keep the
the
the
Mr. LAU CHU-PAK-I agree with Mr. COLONEL REID There are only two cases of Humphreys. This is another case in which typhoid in the Military hospital at present, and analyst does not agree with all excreta from them is burned. It is a stand-bacteriologist. I wonder what the latter will ing rule that all matter of that sort shall be say of the water from the mains. The well burned.
should not be alosed,
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Mr. HUMPHREYS-Do I understand that the Government Analyst said this water is potable i The PRESIDENT-Yes but the Bacteriologist says it is not. With reference to the chemical analysis, all depends when the water was collect- ed. After a rainfall it might be seemingly good, but after the report of the Bacteriologist it would be folly to allow the well to remainTM
open.
Hon. Mr. Hewett seconded the motion, which was agreed to.
OVERCROWDING.
The report of the overcrowding officer showed that 81 persons had been evicted during the
month.
Mr. HUMPHREYs minuted-I am strongly of opinion that the movements of the ejected tenants should be watched and noted with a view to ascertaining the economic effect on the Colony.
Mr. LAU CHU-PAK-Have steps been taken to ascertain where those ejected have removed to?
The PRESIDENT-See No. 2 of the Cleansing bye-laws. The police might assist us in this
matter.
The report was laid on the table,
THE RINDERPEST OUTBREAK. The PRESIDENT reported that no fresh out- break of ri nderpest had occurred at Pokfulam, and that all the diseased cattle had been slanghtered.
SUPREME COURT.
Tuesday, November 27th.
IN SUMMARY JURISDICTION.
BEFORE MR. A. G. Wise (PUISNE JUDGE).
ALLEGED FALSE IMPRISONMENT.
Cheang Lai sued Cheong Tsui to recover $1,000 for false imprisonment of the plaintiff.
Mr. E. P. H. Lang (of Messrs. Descon, Looker and Deacon) represented the plaintiff, and Mr. C. F. Dixon (of Mr. John Hastings office) the defendant.
Mr. Dixon-I have Arat. my Lord, a technical objection to take to my friend's cause of action. I submit he has. misconceived his remedy in bringing this action for false imprisonment. If he has any right of action at all it should have been for malicious prosecution. Mr. Dixon then cited authorities.
His Lordship-Malicious prosecution is far harder to prove, as it is necessary to prove malice.
Mr. Dixon-But the action must be for malicious prosecution, not for false imprison.
ment.
His Lordship-Was sa information sworn before the magistrate P
Mr. Dixon-I believe so, my Lord.
His Lordship-It does not say so here, sud I directed that the statement of claim should be amended. With regard to the statement of partnership, you yourself at that time said yon were partners.
Mr. Dixon-No; I said I was prepared, if you intended taking the action on that date, to admit that we were partners.
His Lordship You had to, unless you didn't want to get into serious trouble. The plaintin in this case admitted he was a partner?"
Mr. Dixon-Yes.
His Lordship-Before the defendant admitted it; now he denies it.
Mr. Dixon-I understood there was never any admission by me, or any one on his behalf, that he was a partner,
His Lordship He never appeared. Mr. Dizon No.-
His Lordship-Well, he had better be careful what he says to-day.
Mr. Dixon-As I said to your Lordship before, in this business there are certain branches in which they are, and others in which they are not partners; and, in the certain charge with respect to embezzlement, they were not partners.
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