July 13, 1907.]
Hooper were taken at the same time for the same block of houses. His Excellency in the paper No. 25 of 1907 was referring to the Sani. tary Board notices. This was the case of a Building nuisance, and the service of a notice in connection with a building nuisance is not compulsory, see proviso to section 230. The Building Authority, however, informs me that he has issued instructions to the effect that notices ere to be served in all such cases in future previous to prosecution. I have forwarded a copy of this minute to the Colonial Secretary for the information of His Excellency the Offi- cer Administering the Government.
Mr. Hoo ER minuted -His Excellency did not evidently grasp the recommendation of the Commission, as it was to meet the case men- tioned under the proviso of section 230 that the Commissioners made such recommendation.
Mr. HOOPER-Sir, In amplification of my minute, and why I think His Excellency did not grasp it: the recommendation was that in no case should a prosecution be allowed unless notice to abate a nuisance had been served on the owner or occupier. The reply to that was that such notices were always served in case of nuis- ances. That is what made me ask the question and produce the cases I did at the last meeting. I 28 one of the commissioners, and, I think my colleagues, meant the recommendations for the future. It is not a matter of the past, so I think His Excellency did not quite grasp the question. He was alluding to the Ordinance as it exists to-day, and the proviso contained in section 230.
The PRESIDENT-The matter will be con- sidered in connection with the Amending Ordinance.
PROPOSED ADDITIONS TO STANDING ORDERS. It will be remembered that, in response to the letter from the Colonial Secretary, the Sauitary Board resolved to ask the Crown Solicitor to draft a new standing order to meet the case of & member who might be pecuniarily interested in a subject under discussion. The following standing orders were submitted by the Crown Solicitor :-
Any member may join in the discussion of any question in which he is or
may be pecuniarily interested, but he may not vote upon any such question and sball withdraw before the question is put to the meeting,
In case of doubt as to whether a member is or may be pecuniarily interested in any question before tho meeting, the member concerned shall withdraw and the meeting shall then decide whether he is interested or not.
Mr. HOOPER minated-I take it that the Board is asked to make the proposed additions to the Standing Orders under section 14 of the Public Health and Buildings Ordinance, and as our power to do so is limited to make Standing Orders for "regulating its procedure at its meeting", it appears to me that to make an order disenfranchising any of its members or calling upon any of them to leave the room would be illegal.
The PRESIDENT-I have seen the Crown
Solicitor on that point again this morning, and he agrees with me that it is competent for the Board to make these orders, because he thinks, as I do, that voting is part of the procedure of the Board: Therefore, I move that the two standing orders be added to the standing orders in force for the guidance of the Board.
|
The VICE-PRESIDENT seconded. Mr. HOOPER-1 beg to move an amendment that the matterstand over until our next meet. ing, and that in the meantime the Government be asked to take the opinion of the Attorney. General. I may say, Bir, that it has been laid down by Mr. Justice Lash that practice in its larger sense is like procedure, and denotes the mode of proceeding by which a legal right is eu- forced as distinguished from the law which gives or defines the right. I am here by law. 'The Ordinance gives power to the ratepayers of Hongkong to send to this body two representa- tives, of which I am one, and we have the power given us-uo more and no less than that con- tained in the Ordinance-that we shall have notice of the Board meetings and attend here; that we shall vote, and that we are entitled to be present at every meeting. There is no qualification whatever. And for my colleagues here among themselves to press a byelaw OF & subsidiary law and to request me to leave this
CHINA OVERLAND TRADE REPORT.
bave ever
room, a power which one of those proposed stand. ing orders gives them, is a gross injustice-not to myself; I don't care for myself-but to my present in constituents. Why should I not be allowed to be the occasion of voting when the Press are allowed to be present? One of your own members ordered out of the room! It is a position which if taken up is nutenable. With regard to the other standing order on voting, I principle. I think, for any member of the may say I am quite with the Government in
Board to deliberately give a vote in favour of himself, or on any motion in which he is directly pecuniarily interested, would be a very immoral and improper thing to do, and I would like to ask, Sir, whether during the time you have been president of this Board, you known of such a thing being done. Speaking for myself, within the last eighteen months I have never known of one such case. for any member of the community to go to Of course it is open if this is passed the Courts to upset it, but that is an expensive thing which I don't think should be pressed on any member of the community by the Government of Hongkong, because after all it is initiated by the superior Government, and did not emanate from ourselves. I would that the Government be communicated with therefore move that the matter be postponed; and a copy of my remarks forwarded, and that the opinion of the Attorney-General be taken.
Mr. LAU CHU-PAK-I beg to second the amendment. It is a very reasonable one.
The PRESIDENT-I am prepared to accept the amendment and refer the matter to the Attorney-General for his opinion.
Mr. HOOPER-I would like it to go through the Government with a copy of my remarks that they may know the reasons whion actasted
me.
The PRESIDENT agreed.
THE CONSERVANCY OF THE CITY, The reports drawn up in 1880 and 1895 rela- tive to W. C. s in the city were circulated.
Mr. SHELTON HOOPER micuted-Totally different conditions obtain to-day to those which existed in 1880 or even in 1895. We should deal with each case on its merits,
Mr. H. HUMPHREYS-I am in favour of allowing water closets in all dwellings that are provided with an ample water supply which is quite independent of the Government service, especially am I in favour when the houses are situated on the hillside or at the Peak,
Under
the present system a good deal of the sewage of the hill districts which is supposed to be carried away by coolies to the conservancy boats find its way into the various pullahs of the Colony. I am, however, opposed to the system being adopted universally on account of the difficulty of obtaining sufficient water, and also because it would be almost impossible to make the occupants of Chinese tenement houses keep the privies in a sanitary condition. I agree with everything contained in Mr. Crook's letter of February 20th, 1895.
Mr. HOOPER-I would like to ask the Water more water
Anthority whether there is any available for public use to-day than there was in 1895
The Water Authority did not reply, and the report was laid on the table.
THE HEIGHT OF BUILDINGS. Correspondence was submitted relative to a report by a committee on the height of buildings.
The REGISTRAR-GENERAL wrote thus to the Secretary: A report on which buildings should be erected was made by a the height to sub-committee of the Board in 1905. This re- port seems to have been lost sight of lately. I suggest that a copy be circulated among the members of the Board, and that a copy of this report be put together with other reports on the subject, and left for reference on the table.
Mr. HOOPER minuted-Esch case should be dealt with on its merits,
The PRESIDENT-A new system of keeping records has been adopted. and if any mem.er wants to see reports he will be able to.
OUR WATER,
The report of Mr. Frank Browne, the Go from the Pokfulam, Tytam, Kowloon and vernment Analyst, on samples of water taken
Chenngahawan services showed that the water was of excellent quality.
ANOTHER SANITARY IMPROVEMENT.
21
*There was further discussion OD the application for the erection of latrines in back yards.
The PRESIDENT-Seventeen applications were considered at a meeting since the last meeting of the Board, and in sixteen out of the sevON- teen the Medical fficer's recommendations were supported, but one of the members opposed these. cations should be granted, not refused. I wish In other words, he considered that the appli- to ask members what their intention was?
Mr. HOOP&B-I admit I was in the minority, but letting alone the question as to whether the Board intended to give us power to act or not, I would like to tell the Board what actuated me in coming to my conclusion. Professor Simpson in his report on plague in Hongkong furnished suggestions as to rem-dial measures. He advised the Government to
result of that suggestion I would refer you make a law with regard to latrine, and as a to sections 164 and Ordinance (reads). I think, Sir,
165 of our present on the face of the recommendation of Professor Simp- son to the Government, and the Government baving given effect to it by those two sections of the Ordinance, that you have no right to ask us won't say it is quite illegal, but it seems to me to to take away the latrines from these houses. I be adopting the course the Government did ot wish us to, and which was not approved by Professor Simpson.
The REGISTRAR-GENERAL-I think the committee should be given full authority to deal with these cases. It would save a great deal of time.
Mr. LAU CRU PAK-I don't think we should
go so far as that. I think thatiu any questions
where the members of the committee don't agree, the matter should be referred back to the Board.
The PRESIDENT -The Medical Officer of Health points out that all of these buildings are old.
under this section to call upon owners to provide Mr. HOOPER-- It is the duty of the Board
means in accordance with the Ordinance. Other. wise we stultify our position.
The REGISTRAR-GENERAL moved that the Board delegate to a committee cousisting of the and Mr. Fang Wa-chun, authority to deal with President, the Captain Superintendent of Police, all applications to maintain or erect lartrines In back yards under section 15.
The CAPTAIN SUPERINTENDENT OF POLICE
seconded, and the motion was agreed t^.
A QUINT PETITION. Hollywood Road asking that he be allowed to The p tition from Leung Tat Hing of 234
coutinue his trade there, the Board having ordered him to discontinue using the floor as such, was read. It stated "That your petitioner bags. of drying sans-gs and meats on the above foor to state that he has been carrying on the trade
over twenty years which is quite clean and no offensive matter thereon, so he begs that the notice may be withdrawn for which be will be ever grateful. That he further begs to state that the address No. 234 Hollywood Road mentioned in the notice is the place which he now occupies but the name Chung Shing Tso quite differed from his name Leang Tat Hing, and he does not know whether it is an error.
MURTALITY STATIST C8.
Mortality statistics were submitted. They showed that for the week endeď June 1st, the death rate per 1,000 of the British and foreign community was 16 and for the whole Colony ing week of last year, for the week ended June 208, as agaiust 9·93 and 21 in the correspond-
for the week ended June 15th, 287 and 21-3 8th, 123 and 24'1 as against 399 and 37-1 and respectively as against 24 9 and 2 6.
A kite flying fatality took place on the 5th July whereby a Portuguese youth named Antonio Gomes lost his life. Gomes and a companion, were dying kites from the roof of No. 40 Elgia Street, and when the kites were bigh in the air Gomes climbed on to the parapet to get a better view of another which he wished to cat. The latter however took a downward swoop and Gomes in trying to pull in so as to avoid entanglement lost his balance and fell into
Shelley Street, a distance of 60 feet. He was quickly removed to the hospital but it was found
that life was extinct.