414
Paragraph 229.
(2) Convictions should not be obtained unless the evidence of the Sanitary Inspector is corroborated by that of the Medical Officer of Health or Executive Engineer. Paragraph 230.
(3) In cases when
the d-fendant has to obtain legal assistance and expert advice, and the Magistrate does not convict, the de- fendant should be al. lowed costs.
(4) In no case should a prosecution be allow ed unless a notice to abate the nuisance has been served owner or occupier.
on
the
It is impracticable to give effect to this. The Inspector is bound to produce evidence to the satisfaction of the Magistrate.
Not agreed to.
Such always
THE HONGKONG WEEKLY PRESS AND
SUPERVISION OF STAFF,
Paragraph 284.
More personal super vision by the Medical Officers of Health over Inspectors the sirable.
Paragraph 293.
de-
*
This has been noted.
COMPLAINTS.
(1) Record of com. plaints by the public to be kept.
(2, Investigation be made by Senior Officer of Sub department to which the complaint refers.
(3) Complaints and are report of action taken in thereon to be laid before
the Board.
notices served the case of nuisances.
→ OVERCROWDING.
Paragraph 232.
Special type of houses to be authoris. ed for Chinese occn- pation to be of one or two storeys only and of cheap construction.
ENTRY AND
Paragraph 243.
Some (4)
simple form of appeal required.
Paragraph 299.
These which
Agreed to.
The Administrative Head of the Depart ment should inquire.
It is considered that left this should be to the Administrative Head of the Depart-
ment.
A letter of complaint seems to the Board the simplest form of appeal.
PRESENTS.
are
This recommenda tion has been antici. pated as far as villages in outlying districts contrary to regulation are concerned.
take The sometimes question of extension form of free launches. of the pri ciple will be considered.
INSPECTION OF BUILDING.
Sufficiently
dealt
with under existing the regulations.
NEW SCILME.
The full recommendations of the Commission
For night visits a No objection to this. under the new scheme are quoted in extenso.
separate permit should
be issued for each house with date of the intended visit entered thereon.
These have already been published in our columas. The Government's proposal on the new scheme is in the following terms:--
It is not proposed to adopt the principal re- commendations under this heading for the
ENFORCEMENT CF SANITARY AND BUILDING following reasons:-
REG LATIONS IN OUTLYING DISTRICTS.
Paragraph 246,
Special exemption of enforcement of such regulations to be made in the case of outlying districts.
Paragraph 255.1
Under consideration. See Director of Public Works' minute.
ESTIMATES.
The Sanitary Board should have full oppor. tunity for considering and discussing the Es- timates of the Sanitary Department, before they are sent in to the Government.
This is agreed to.
BOOK, ACCOUNTS AND CLERICAL WORK. Paragraph 269-273.
(1) Assistant Secre- tary should be a man with some commercial training, and of British
race.
(2) Proper books to be kept
(3) Proper store ac. counts to be kept.
(4) Correspondence to be first opened by the Secretary or Assis tant Secretary.
(5) Use of chop by Secretary to be discon tinued.
6) Staff to be re- organised.
This recommenda- tion has been noted.
Improv. ments the books kept being made. This has been
on.
in
are
acted
Instructions are being issued accord- ingly.
Instractious are being issued accord. ingly.
Under consideration.
STANDING ORDERS.
Paragraph 983.
Bcard should have full power
to make Standing Orders for the guidance of Off cers of the Board, and should have full power to direct the officers and servants of the Board to carry out those orders.
The Board's orders to pass through the hands of the Secretary whose duty it should be to see them carried out.
It is not proposed to depart from the prin- ciple of having an Administrative Head of Department.
1. It is considered absolutely necessary that there should be an administrative head of the Sanitary Department and it is proposed to appoint an cfficer who shall be able to devole the whole of his time to the department.
In this course Sir Matthew Nathan agreed
in a minute which he has left on record,
2. It is not considered desirable in the public interest that the Sanitary Board should be constituted the Building Authority with an Executive ngineer as the Chief Executive Officer for performing the duties coming within the scope of the uilding Authority.
It is probable that the Com missioners do not infend that the Sanitary Board should be in- rested with all the extensive powers of the Building Authority which cover every sort of work including reclamations, resumptions, the building of factories, docks, piers and other large enterprises.
It is more likely that they mean that the Sanitary Board should be constituted the Build. ing Authority for the examination and passing of plans of buildings of a domestic type or of other types if to be erected in the more populous parts of Kowloon or within the City boundaries. If such is really their proposal then it means that there must be two Building Authorities.
To such a proposal there are the following strong objections;
(a) The change will not effect the object in view, which is ostensibly the saving in time in passing plans for buildings and house.drain- age «ork. The roads (including alterations of levels, diversions, etc.). water works, storm water drainage, sewerage, encroachments over Crown land, whether of a permanent type by the erection of verandabs and baloonies or of a temporary nature by erection of hoardings and scaffoldings, will still be in the hands of the other Building Authority (the Director of Public Works), and cross references will still be necessary and the source of delays which now exists will only be perpetuated in another form.
(b.) How is the line to be drawn between the baildings to be under the control of the Build- ing Authority of the Sanitary Board and those to be under the control of the Director of Public Works in his capacity as Building Authority?
The only system that appears likely to be successful would be to allow certain areas to the
former and the remaining areas in the Colony
to the latter.
That is the system adopted where a Muni- cipality exists in other Crown Colonies, but such
[June 24, 1907. municipalities also exercise control over the roade, sewers and, in some cases, over the water works as well, within their boundaries.
In this young and growing Colony it is con- sidered that such division of spheres of control would not be satisfactory.
Large schemes of development are frequently carried out in the very heart of the old Colony involving intricate and often confidential negotiations with the parties interested.
It appears questionable whether such malters could be dealt with as successfully, and with equal acceptance to those parties if the pro- posals of the Commissioners were adopted.
(c.) Under existing conditions, if any differ. ence of opinion arises with the Executive Engineer who performs all the ordinary duties imposed on the Building Authority, the matter is at once referred to the high authority of the Director of Public Works.
It is obvious that an Executive Engineer on £630 a year will not be an officer of sufficient standing to deal suce sfully with the practising engineers and architects in the Colony on the very many knotty points that will constantly arise between them in which the interests of property owners (the employers of the said engineers and architects) and what are after all the interest of the public at large will clash.
Nor would such an Executive Engineer carry sufficient weight to impose his will on his mas- ter: the members of the Sanitary Board-the ouly one of whom who has any technical en- gineering knowledge is the Director of Public Works.
Let it be supposed for a moment that prao- tising architects do not accept a raling of the Board's Building Authority and appeal to the Board. Where is the Board to seek advice in such a case bat from the Director of Public Works? A source of friction is thus at o ce opened between the two authorities.
4. It is considered that the object in view namely, the saving of circumlocution in passing plans and the facilitation of construction work under the Ordinance generally, can be attained in a much simpler way by some such arrange. ment as is sketched in the Director of Publie
Works' minute of the 18th of April, 1907, and the Government is quite willing to discuss the details of such an arrangement.
5. Finally it is proper to state that when the Director of Public Works' minute of the 18th April had been considered by Sir Matthew Nathan the latter left on record a minute in which he expressed his agreement with the objectious which the Director of Public Works has raised to this proposal of the Commissioners,
6. There are minor points in the paragraphs under the heading new scheme which will
receive consideration.
12th June, 1907.
•
F. H. M.
A Peking message to Japanese contempora. ries gives the substance of a traaty relating to the Tairan Customs just signed between Sir Robert Hart and Mr. Hayashi, Japanese Minister in Peking. The message states that the franty is almost identical with that for the Kiauchan Customs, with slight amendments in accordance with local requirements. Article I. provides that the Customs Staff shall be exclusively Japanese and Article I), requires the Chinese authorities to give previous notice when the Director of the Customs is changed. In Article III., it is provided that official correspondence between the Customs and the in Japanese authorities shall be written Japanese, while communications between the Customs and thiness and foreigners are to be written in English. Article IV. provides that the whole of the Kwantung district shall be regarded as a free trade zone, so that imported articles consumed in the district shall be free of duty, while no duty shall be imposed on the export of goods produced in the district. Chinese mercbaudise imported into he distridt aud re-exported with additions or alterations made to them shall be subjebted to a duty only for the materials used. Artiole V. provides that the Taires Customs will be allowed to grant permits to sters going out and entering Tairen from C.nese unopened ports. Article VI. provides that maila shall not be managed at the Tairen Customs, but the Chinese malls brought to Tairen will be dealt with by the Japanese Postal authorities there. The treaty comes inte force on July 1st next.
•
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