May 27-1907
of the position are absent from their posts at a time when they should be on duty, while un questionably a considerable amount of corrup- tion which so freely obtained, at all events up to the date of the appointment of the Com- mission, could only have existed through want of more thorough supervision by the senior officials of the Department.
288. The Inspectors having thus in some cases become negligent of the duties, it has been possible for their interpreters, foremen, rat catchers and others under them to take advantage of the position to their own profit.
289. In a later section of this Report, we have outlined the division of work as we consider it should be carried out, and indicated in what direction we think reform can be effecte'.
290. At the time of the appointment of this Commission, it was frequently stated that the Senior Officials in the Sanitary Department strenuously denied the existence of any general corruption amongst their subordinates, though admitting a few such cases might possibly be found amongst the native section of the staff.
291. During the prosecution of the enquiry, however, three nspectors have been dismissed from the Government Service, and three more Buspended.
*
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In addition, the senior olerk and subordinate clerk in the Sanitary Department Lave left the Colony without leave, and bare consequently been dismissed, While three clerks have`r signed and left the Colony, aS have also one foreman and a foreman interpreter, and another has been dismissed.
Two interpreters have absconded and three interpreters and two foremen have dismissed for being absent from duty.
been
One watchman has been convicted of bribery, and sentenced to two years imprisonment, total of 22 members of the staff, while the cage of another Inspector is still under the consideration of the Government.
Several of the above were unquestionably implicated in cases of bribery, others are under suspicion, and the rest no doubt had similar reasons for removing themselves from the Jurisdiction of the Hongkong Courts.
of
292. As already stated, further cases bribery or blackmailing have been brought before us, which time alone does not permit of our investigating, but we might mention that in the course of our investigations, it transpired that the senior Chinese sergeant of the Water Police had been in the habit of demanding blackmail from the scavenging contractor. This man has since absconded.
Attached to this Report will be found a list of those officials of the Sanitary Department who have been referred to in the evidence taken by the Commission,
293. It must of necessity be the case that a considerable number of complaints, well founded or otherwise, be received by the Sani- tary Department in the course of a year, and -it appears to us very desirable that a special record of these be kept in the Secretary's office. These complaints should be carefully investigated by the senior officer of the sub- department to which the complaint refers, and the decision of that official, together with all evidence collected on the subject, should be filed, and laid before the Board..
294. We find that in the past a number of complaints have been made, of which no record can be produced, while the general system of making enquiries has been so defective that a very real grievance exists against the Depart ment, and so far, at all events as the Chinese are concerned, frequently the complaints have been dismissed without proper investigation by the higher officials of the Department.
295. In consequence, the feeling has gradually been produced in the community generally, that t was idle to complain, and a serions check has tas been placed upon the harmonious working of the Ordinance, without which the proper carrying out of the provisions of the law is well-nigh impossible.
What is really required is some simple form of appeal..
296. The regulations governing the! question
· of presents given to Officials are of curse thoroughly well known, but we feel it incumbent upon us, despite this fit, to make special reference to the subject as the regulations appear to be very generally ignored.
CHINA OVERLAND TRADÉ REPORT.
297. Setting aside all question of bribery,, the real result of the passing of this Amending ›. which different, category, there are however forms of cally defranchi ed from such share as has been comes under another, and entirely Ordinance would be by which they were practi- presents which though apparently harmless are enjoyed for years past in the Municipal Govern- nevertheless not only contrary to Government ment of the Colony, but further that the result regulations, but must tend to weaken that of this new legislation has not carried out the position of strict integrity which should be anticipations of the promoters, or by an im maintained by an official.
proved service justified its inception.
do accept presents of game, fruit, or even 298. It appears that certain of the officials regular allowances of meat, at other times than at Christmas, and though we do not suggest made by the giver at the public expense, still that in all cases there is any illicit gain thus the custom is most reprehensible and is rightly forbidden by the rules of the Service.
299. Another form of present is the providing of free steam launches. This appears to be a far more common practice than is generally launches for picnics, bathing parties, or for supposed. Certain contractors do supply such people to go on board steamers in harbour, Special evidence has been given that Sam Iu for the use of Sanitary Inspectors for such is in the habit of regularly hiring launches purposes.
The public rates charged for the hire of launches are in themselves sufficient to show that the expense incurred by a contractor for supplying such launches is not inconsider. able, and it is evident therefor that those making such a sacrifice would naturally exp ct some quid pro quo.
300. Attached to this Report will be found a brief history of Sanitary Administration in the Colony, drawn up by one of the Members
of the Commission.
The Commissioners consider that in order fall and fitting considerat on be given to the Excellency with a view to placing the working recommendations we now submit to Your of the Sanitary and Building Regulations in this Colony on a more satisfactory basis, that the should be understood. bistory of the Sanitary movement in Hongkong
taken considerable time, but we believe as now 301. The compilation of th s memorandum has set forth, it clearly outlines the policy adopted by succeeding Governments towards Sauitary Administration.
•
3 2. The Report speaks for itself, but the attention of Your Excellency is that while the chief point to which we would draw the existing Ordinance as amended by No. 23 of Administration of the Sanitary Department in 1903 bas placed the whole control of the the hands of the Principal Civil Medical Officer,
reducing the Sanitary Board to something
general tendency of legislation for years past even less than a Consulting Committee, the has been to gradually give the ratepayers matters, thus in a manner compensating for of Hongkong an increasing say in Municipal the fact that under the rule of a Crown Colony they are practically in the hands of the Govern through the Secretary of State. ment, as representatives of His Majesty,
of self Goremment was sanctioned many years 303. This principle of a very modified form
Colonies, and up to the present date no doubt ago by the then Secretary of State for the
that they still are repres nted in what is the many of the ratepayers in the Colony believe
unofficial Members of the Sanitary Board. Municipal Government of Hongkong by the
Commission that this belief is entirely illusory. We now know from evidence given before the
304.
claims that he is the sole head of the Depart- The President of the Sanitary Board ment within the terms of Ordinance 23 of 1903, and that it is only in certain comparatively small matters or as a matter of courtesy, that be Department, or even keeps them informed as to consults the Board as to the working of the what is taking place in the Department. All ments, promotions, &c., of the staff, conduct of matters relating to finance, the control, appoint- business between the Board Meetings, and the ordering of the daily work of the Department being outside the jurisdiction of the Sanitary
Board.
Members of the Commission do not dispute 305. Under the Amending Ordinance, the the correctness of the attitude taken up by the Principal Civil Medical Officer. however their duty to point out that not only They feel it has such a change been brought about without the publio being clearly informed as to what
306. The Principal Civil Medical Officer who formulating the Ordinance 23 of 1903 has was, we understand, largely instrumental in stated in evidence, that finding the naw to the conclusion the only means by which the Ordinance No. 1 of 1903 unworkable, be came Sanitary work of the Colony could be carried of a Munisipal Cɔnncil, or by reducing the out satisfactorily was either by the formation Department to a purely Government Depart- ment, taking away from the Sanitary Board close upon 20 years, and which was confirmed such control as had been vested in it for
year, transferring this power entirely to the so late as 1903 by Ordinance No. 1 of that
sident of the Board should have supreme Principal Civil Medical Officer, who as Pre-
Administrative Head. control over the Department, and be its
307. The Commissioners wholly dissent from Medical Officer in this matter. the views expressed by the Principal Civil
sufficent time or opportunity had been given In the first place, we do not consider that
before this drastic change was instituted. to fairly test the working of the new Ordinance
lay between a Municipality and a purely Go- Becondly we cannot agree that the alternative vernment Department.
308. We consider that the conferring upon the Principal Civil Medical Officer of almost experiment, the continuanes of which we despotic powers has certainly been an unhappy
cannot recommend.
to whether a Municipality is or is not feasible, 309. Without going into the question as
reject the views of the Principal Livi! Medical and if so, desirable, in this Colony, we at once
lay before Your Excellency a scheme by which Officer as given-in his evidence, and we now we believe a perfectly satisfactory result can be obtained.
satisfaction both to the Government and the 310. In our opinion, the Sanitary and Build- ing Regulations can be carried out with perfect Public, were the matter once placed on & qualified officials be appointed to carry out. proper and systematic footing, provided duly the various duties entailed under the Ordinance,
much in the asma manner that similar work is large cities in England, or in other Colonies. entrusted to the Municipal Authorities of ·
Ordinances be entirely separate from the stration of the Public Health and Building 311. We would suggest that the Admini
Public Works Departments.
The latter should still keep control of such work as water supply, public roads, sewers, &c., but all matters relating to Sanitary affairs, Luisances and actual construction or alteration of buildings should be entirely transferred to D partment to be divided into four sections. the Sanitary and Building Department, such 312. (1.) There should be a Secretarial De
partment, the Secretary being co- equal with the heads of the other sub-departments, but having the right to control the entire corres- pondence, and be kept fully advi. sed as to a 1 that is taking place, in exactly the same way that a Se- orelary to a Home Municipality, or of a large Company, is the cen- tre of all information. (2.) The Medical, having at the head, the Medical Officer of Health, with Assistant Medical Officers of Health, (3.) The Engineering Section, with an Executive Engineer, Assistant Engineers, and Overseers, as may: be found necessary. (4.) The Veterinary Department, under the Colonial Veterinary Surgeon, with supervision of mark ta and food supplies generally. by a Board formed of four officist and six un- 313. The whole Department to be controlled official members, as at present, who shall have the complete ordering of the Department, rev