often -private speculation and the prove very remunerative, the Board has felt that it is at the mercy of private owners who out of jealousy may get a coolie lodging in the vicinity to lend his name for the purpose of bringing a Suit for an Injunction, and it is not difficult to persuade the court that a Latrine is a Nuisance, however well it is conducted. Indeed if the Suit fails it is not easy to recover the costs from a man who has little besides his very scanty resources.
The need of Government Latrines is urgent and, as a rule, the Chinese work regularly to them, not having water-closets in their houses. For the Chinese are not at all fastidious as to the obloquy inseparable from public Latrines. It will be a great advantage to the public health to have such Latrines placed under the control and management of the Sanitary Board, and the passing of this Ordinance, which met with no opposition from any member of the Council will, I trust, enable the Board to make suitable accommodation for the public.
I append copy of my remarks on the 26th reading of the Bill.
for W. High Goodman,
791
THE LATRINE ORDINANCE,
Attorney General.
The ATTORNEY-GENERAL-I have the honour to move the second reading of the Bill entitled an Ordinance to enable the Government to provide suitable latrine accommodation for the public. The objects and reasons are as follows:-The circumstances of this colony are somewhat exceptional and, in certain localities, public latrines are absolutely necessary, and are especially required for the use of the male inhabitants of the neighbouring houses. Experience has shown that the number of public latrines is at present insufficient to satisfactorily meet such requirements, and the object of this Bill is to facilitate the erection by the Government of public latrines upon such sites as are unobjectionable or may be approved by the Legislative Council after consideration of any objections.
The Government public latrines at present existing, as well as those which may be erected under this Ordinance, are placed by it under the control and management of the Sanitary Board and it will be the duty of the Board to see that such latrines are conducted with a due regard to sanitary requirements. In these circumstances it is thought right, in the interests of the community, to protect such latrines from the possibility of being made the subject of expensive litigation at the cost of the public, it being considered that the approval by the Legislative Council of a site previously selected by the Sanitary Board provides a satisfactory guarantee that as fitting a site as practicable has been chosen.
At the present time there is nothing to prevent the erection of public latrines with the previous sanction of the Sanitary Board under Ordinance 1 of 1891, but those who erect them may afterwards find themselves taken into court to fight an expensive suit for an injunction. It is proposed by this Ordinance in the case of Government latrines which are provided on land belonging to the Crown for the good of the public to grant them protection in cases where certain formalities are complied with. These formalities include three publications in the Gazette in English and Chinese of the proposal to erect. If no objection is made protection is granted. If objection is made, unless it is withdrawn, no protection is granted unless after consideration of the objection a resolution of the Legislative Council is passed approving of the site and erection of the latrine.
I do not think it likely that in face of any reasonable objection, the Legislative Council would be asked to pass such a resolution, and in any case such resolution could not be moved until after the objection had been considered. It seems to me, this course will afford sufficient protection. Unless some protection is given the supply of accommodation may be at any time rendered unequal to the demand by a house owner and, say, a coolie occupier coming forward and declaring they find the latrine interferes with their comfort and is a nuisance. Whether this was done out of spite or without sufficient reason the Sanitary Board might have to fight an action and they have no public funds at their disposal to fight such suits.
To ensure that all care is taken to prevent such latrines becoming a nuisance they are placed under the control and management of the Sanitary Board and all the by-laws to ensure their proper maintenance are made applicable to them. I hope there will be no objection to the passing of the Ordinance.
The COLONIAL SECRETARY seconded.
Bill read the second time.