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THE PRINCIPLE OF THE AGONY OF THE MOMENT”
I have still to deal with one or two subsidiary poigs. It is argued for the Ti Song that the principle described as the agony of the moment" is appli- cable in her favour and then the law r quires only that a seaman should exhibit ordinary preseties of miral and ordinary skill, but that at a moment of great perii a man may do or omit to do some- thing which may contribute to the colli. sior, without thereby showing himself delcient in ordinary skill, canine derve, Now the doctrine appealed to is concisely
formulated in' the beatinate to the case of the Jor, 30 L.T.R. ST
Privy Council decision, as follows:-
THE HONGKONG DAILY PRESS, WEDNEDAY, AUGUST
HONGKONG SANITARY
BOARD.
BACTERIOLOGICAL "AND ANALY TICAL FACILITIES.
MALARIA AMONG THE TROOPS.
WATER AUTHORITY OR A WATER
BOARD?
There was a long and interesting dis- eussion at yesterday afternoon's meeting of the Sanitary Board-on matters bear. in on the protection of the public health in the Colony. The meeting was largely attended. Mr. S. L. Smith. Chairman of the Board, presided, and there were also present: The Hou. Mr. H. T. Creasy (Diretor of Public Works), the Hon. Mr. A vessel, which having performed Wood (Secretary for Chinese hown duty, is thiresa into immed Affairs), the Hon. Mr. C. G. Alabaster, inte danger of collision by wrongful K. C., L.-Col F. (1. Fitzgerald, D.S.O., aet of arother, is not to be held liable
R.A.M.C. (representing the Military if at that moment shy adopts a wrong Authorities). Dr. W. V. M. Koch, Dr. Ozorio, Mr. S. W. Teo, Mr. Wong Kwong tin, Dr. W. W. Pearse (Medical Officer of Health), and the Secretary to the Board (Mr. G. S. Kennedy Skipton),
mabœuvre,21,
The question was very carefully ex- azninrd in the judgment in the Bywell Castle as per Lord Justice Brett:
I nm of the opinion that where one hip. by her wrongful det, suddenly puts another ship into a position of difficulty of this kind, we curnot expret the same amant of skill as we should ander other circumstances. The Cap tains of ships are bound to show such skills persons of their position, with dinary nerve" ought to show under the circumstances."
As per Lord Justice James:
A ship has no right by its own. misconduct to put another ship into a situation of extremely peril, and then
INVESTIGATION OF INFECTIOUS
DISEASES.
|
13TH,, 1924 -
THE HEALTH OF THE TROOPS. were constituted it might see to the ad-
MALARIA ON THE INGREASE. '
visability of introducing mechanicni filtra- Licht-Col FITZGERALD said he wished tion, which targed out water which was to make a few remarks so far as the absolutely pure. Instead of the Govern troops were concerned.. He had readment spending money on laying out filter
beds,, which were pot # with interest the report of the Sanitary
success, they Board's last meeting and the discussion would be saving valuable land. Mechani- regarding anti-malaria measures adopted cal filters were safe but the same could by the Department. Referring to the not be said for the filter beds. Going newspaper reports of the meeting, he along by the Fenk tram, coolies could be noticed that a Committee was forted to
seen going round the Elter beds. They go into the question of malaria in Kow: did not know what was the condition at the coolies, nor did they know what skin loon. The Military Officer who served on that. Committee was Major Hastings, diseases they might have.
CLEAN COOLIES. who had been working la India in con nection with mosquitoes for shout 12 The DIRECTOR OF Prazic Works years.. The only reason why he raised | marked that the coolies working at the the question of malaria at this stage was filter beds were clean.
Dr. Kock Are they examined before that for the past two years there had bee a large number of malaria cases they go in It is no wonder that we among the troops and the Military have so much disease in Hongkong. Yun authorities felt that the Board should try to do something to arrest the spread is why I say that mechanical filtration can quite see where it comes from. That
of malaria fever. At present he dis not is the best. think anything was being done. Some! Concluding. Dr. Korn said the foran. time ago the question was raised by Histian of a Water Board only one step Excellency the General Officer Coouuand towards the formation, of
aBoard of ing, who approached His Excellency the Health. which he had always had in .Governor on the matter. The Governos mind.
Pursuant to notice Dr. W. V. M: Koen agreed that the question should be taken asked...
Will the President inform the
TC-
The Ilon. Mr. C. G. ALABASTER said that up. Malaria was on the increase in the in order to obtain the feeling of the nieet- Colony. There was no doubt about that.ing be had pleasure in seconding the Board what facilities exist in the De
The CHAIRMAN pointed out that Col. motion as put by Dr. Kock; although he for Bacteriological and Fitzgerald's remarks had no direct bear himself believed that the object which he partment Analytical work in connection with the investigation into Infectious Diseases." ing on the matter under discussion. Th had in mind would easily and readily he The CHARMAN said he thought it would was a matter affecting many departments obtained by the addition of the Govern ment Bacteriologist and Government charge that other ship with misconduct. simplify things if he dealt with the two of the Government and one had to gon-Analyst as members of the Sanitary If in that moment of extreme peril questions separately cause it was no other Departments under the control of then be formed to deal with the water sider whether it was possible to bring all Board, A small sub-committee court and diffentty much other ship happens to do something wrong, so is to be flear what was the connection between the Sanitary Board in the matfer it go question "TEis he believed was what thei Contributary to the mischief, that analytical work and infectious diseases. would not runder her, liable for the He did not think there was the slightest He thought at the moment that the only DP.W.'S INAUDIBLE STATEMENT.
on as at present, doing what they could.mover of the resolution had in mind. djmage, inasmuch as perfect, presence reason why an analyties service should reasonable way was to try and see that of mind. accurate judgment and
The Hon. Mr. CREASY made a briat promptitud ander all circumstances he attached to the Sanitary Department,all undergrowth be cleared and to ask statement, which was not heard at the
Press table.
are not to be expected. You, brave po At present the Government had three the Department concerned whether it was) right to expert inen to be something full-time analysts at work, and so far as more than ordinary men.".
the Department was concerned the work to be done was simply that of testing food to see that it was not adulterated.
As per Lord Justice Cotton:-
** The sound rule that a mau is in charge of a vessel is not to be held guilty of negligence, or as contributing to an accident. if in a sudden emer
facts, and with time
As regards the question of the Depart
gerty, caused by the accident or negligent's bacteriological facilities, the reply ane of another vessel, he does soice-
was that there were no facilities in the thing which he might, ander the cir costaners as known to his, reason Department. The procedure had always atty think proper: although those beheen to refer any cases which needed for whom the ease comes for adjudi- then when with actor ledge of all the bacteriological examination to the Gor consider them, ernment hacteriologist. Plague was the able to see that the course which he chief infectious disease with which the adopted was ret in fact the best."
Departinent was concerned and in this It is clear on these authorities that connection the inspection of rats was the principle only applies when the ener
Each year they gengy has arisen owing to the default, carefully carried out. argligency or misconduct of the other sent"1990;000 rats to the Government Rac vessel. It has then no place here. For teriologist for examination. He had re I have already fourd that the Apney had a perfect right to be where she was. The cently, during the last few months, alo emergency which arose was, in fact, due sent quite a number of earcases of dogs Les pure accident, the breaking of the for examination as a protection against rudder chin and to nothing else.
rnbied He was glad to say that all these carcases were free from rabies. A few weeks ago when there was an outbreak of diphtheria in the Colony swabs were taken and sent to the lacteriologist for
NOT AN ** INEVITABLE ACCIDENT.
Again the defendants plead that as far as the Tai Sang is contract the cullision was nu inevitable accident. The Jaw on inevitable accident is, summarized | exuvination: in Halsbury p.55 para. 790.
"A collision is said to be the reault of inevitable accident if it could not have been prevented by the exercise of reasonable care and skill."
Among the cases referred to in this pasange are: 1843, The Virgi! Wm. Rob. 01; 1879, The Marpesia LR. 1 P.C. 212; The Sehun 1892 P. 410.
In the case of the Firgit the principle in put as follows:-
An inevitable accident in point of law is this: viz., that which the party "charged with the offence could not possibly prevent by the service of ordinary care, caution and maritime skill."
2
With regard to typhoid, which was most in the minds of the public at the moment, they had made the fullest use of the Government Bacteriologist, who has made very complete tests, not only for, the Sanitary Department but also for private medical practitioners. The Do- partment had a number of tests mude When the outbreak first appeared in a small way, in a portion of the Peak, the Department was fully prepared to make a very complete examination of the ser- vants living in that locality with a view to tracing the carrier. But at that time the outbreak spread to other parts of the Colony and it becomes obvious that the
prepared to carry this out. They had to bear in mind whether the department concerned had the money and whether it was worth the money.
THE CHAIRMAN'S VOTE. The CHAIRMAN said that four years ago the Government made a statement that the question of water supply was not one for the Board to deal with, and pointed out that the water supply was under the direct control of the Water Authority, under the general direction of the Gover no. He did not know whether the Government had changed its mind on that point. Speaking frem a purely per sonal point of view, he proposed to vote against the motion for three main rea-
SOAS. First, a Board so
constituted
As regards the Committee referred to by Col. Fitzgerald, it was most unfortu nate that nothing toore had been done in the matter, but he thought he could say that if Dr. Woodman had still been here something more would have been done At the same time an increase of malaria was to he anticipated. Where a city in the tropics expands into malarious coun try, as Hongkong bad done, it was too would have to look entirely into the much to expect is to remain perfectly question of the purity of the water. That healthy, considering the residential urca
was an important point. Then there that it covered.
were engineering questions, pumping and -The discussion was then dropped.
distribution of the water. Then there THE NEED OF A WATER BOARD. was the question of the storage of water. Fursaint to potice, Dr. Koca proposed; how long it would have to be stored "That this Board respectfully sub before use, etc. He did not think there was any member of the Board, except the mita to the Government the necessity for the formation of a "Water Board Director of Public Works, who had suf- to supersede the present Water Autho- ficient knowledge to give advice on thor rity-such Board to consist of the questions. Secondly, as regards the per- Director of Public Works, the Medical sonnel of the Board, he thought the Officer of Health, the Government ment Analyst should lie what they now Government Bacteriologist and Govern- Bacteriologist, the Government Analyst und one Private Medicul Practitioner.
were-technical advisers. It would not Dr. Koch said he wished it made clear he fair to put them in a position where they would have to make administrative that the motion was not in any way a judgment on the Water Authority. He decisions; thirdly, he thought that some- brought it forward for the purpose of thing could be said for a small committee helping the Water Authority in his work, of advisory experts who dould gather at because they all knew that the Water intervals to discuss the water situation. Authority was a very busy man, whe had These experts, could give advice at re- large number of branches of public gular intervals. But that was not what work under his care and consideration, r. Koch proposed. He had proposed and one whose efforts of administration administrative ranches closer together were largely calculated to bring these and to keep them going. That being se, and the greater supply being one of the branches uner his control, his time could not be wholly devoted to water problems as the urgency of the water question The Water Authority always demands. had to watch the reservoirs, had to limit the supply of water when there was a shortage of water in dry weather, and had also to watch when there was too much water because it could not be stored adequately. They all knew that the
that the Water Board should supersede would be in a position to say "There the Water Authority. A Board which shall be no water used from Pokfulam." It seemed to him to be a most danger- ous and objectionable Board to have. Be thought the motion was imprastienble in its present from.
OUT OF DATE- REPORTS. Lieut. Col FITZGERALD said he agreed with Dr. Kuch. He related an instance Applying this test to the Tugi, Sung
of how at the end of July he received the and referring the question, which is
Government Analyst's reports from the Government stating that on July 2nd the purely one of navigation, to my Assessor, carrier. was not to be found in the localstorage room for water was not suheient water was unfit, and it should be boiled!
But he did not receive this he advises me that the master of that referred to. Yerel should have realized that the He could not actually say what the ex-and they also knew that the methods of before use.
report until the end of July and there- maneuvre he adopted was, in the circuin- pense would be in fitting up a laboratory filtration were not adequate. In this con stances. bound to lead to a collision: to the Department, but he felt that the nection they had to turn to recent reports fore, so far as he was concerned.. the and, again, that if he had used ordinary very great expense that would be incur to find that two statements entirely op. troops were drinking unfit water for a skill and are he would have kept hired by so doing would not be justified at posite to each other had been made by whole month. He also instanced another One report said point in favour of a Water Board. He the present moment It cormal times 99 Government officials. engines stopped, and thereby have avoid per ceat, of the work done by the Govern that the Pokfulam water wax for a had occasion to write enquiring where ed the collision altogether.
One more poist remains for me to deal ment Facteriologist had no connection long time below standard and that it had the troops in Victoria and Kowloon ol with:
It is argued for the dry that with the Department, and even in times since been brought above standard. Then tained its water supply. He wrote to the when the rudder chain broke the Tut of serious epidemic his work was not they had the Medical Officer of Health Government Bacteriologist, who replied at reservoir that he could not give him the informa- Sang was in fault for not having let go the Medical Authorities should have the should be abandoned.
confined to that. It seemed proper that stating that Pokfulam aa
From those twotion and suggested that the Water" her port anchor. If that had been done fullest use of the bacteriological facilities, statements they did not know where they Authority could tell him. it is urged that her starboard swing and speed would have been decked, and as at present. If a laboratory was start were standing, and it had to be borne she would have kept off the guard-ated for the Department it would mean rate she would not have taken ground that they would have to keep a large where she did-bat higher up the river, salaried staff, and, apart from salaries, and so the collision would have been the upkeep of the laboratory would be a great expense, an expense which would averted.
not be justified at the present moment.
On this point my Assessor ndvises me as follows:-
bers did not vote at all.
He
Dr. Koc said he was glad the point in mind that both statements were made as to the water reports being out of date by men whom they all respected and had been raised. Such reports were of whose opinion they all greatly valued. no value as they were out of dute.
The CHAIRMAN: But in the meantime, In order to get over such difficulties it would be very much better if the Water I would point out, that the Water Authority was assisted by a Water Board. Authority has taken action. Dr. Koch said that the explanation was Dr. Koch suggested that the Board The motion was then put to the meet- should be composed of the Director ofing, three voting in favour and three In my opinion had the port anchor all very intereating but it came lick to been dropped it would not bave check the one thing that the Department and Public Works, the Governicent Bacterio voting against. A number of the mem. ed the swing to starboard, but would uobody to do its analytical and bacteriologist-en that there would be no neces
The CHAIRMAN said he would give his have increased it, as well as cheeking Kagical work, except that done by the sity to go outside for him-and the
He would also casting vote against the motion which Clovernment analysts and by the Govern- Government Analyst. the ship's advance. My reason for
ment bacteriologist, who was very heavily suggest that the Water Works Engineer meant that the motion was lost. this is that while going ahead and already swinging to starboard under over-worked, even in normal tinca. It be on the Board and then as a sort of informed Dr. Kuch that the Government the infuence of part heim, the ship sceurd to him that the Sanitary Depart balance that a private medical practi: would, no doubt, be apprised of the
ment should have its own laboratory and tiener he invited to he a member. would have passed over hur anchor.
the face of it to be a very which would come out on the starboard its own hacterialogical staff with the might seem side and tend to pull the bow to star Medical Officer of Health as its head. big Board, but the inatter was a very THE DAILY FARM WATER SUPPLY. One of the items on the agenda was The health of the community should be important one and at a time like the board while the swing of the stern to port would be accentuated by the effect the supreme concern of the Board. It present it was important that something that minute as "The Water Supply of was not, and should not be, a question should be done. He maintained strongly the Dairy Farm Company." The Chair- of the tide on the starboard quarter."
of saving a few shekels. It was a mat that if the Water Authority had the help man announced that this was merely a As a result of these findings of law
ter of spending money judiciously so that of such a Board it would be the first step letter addressed to the Dairy Farm, and fact I must enter judgment for the the whole of the community would bene towards getting all these things put in pointing out that the Company in ita plaintiffs, the owners of the Apoay, on
fit thereby. That was the only way in proper order, and it would be a very efforts to obtain a good water supply, the petition, with costs; and also for which they would antirely wipe out in great step towards the prevention of an would have the fullest support of the them on the counterclaim with coats, fectious disenses. The only way was to impure supply of water. There was no Board. duanager to be assessed in the usual trace the source and that had not bees doubt that filtration at present was car This was nil the business of interest.
done in the case of the present outbreak ried out properly; therefore if the Board before the Bourd.
manner.
It
discussion.
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