The sanitary provisions of the Public Health Ordinances have had no retrospective effect, but have only applied to buildings erected since the passing of such Ordinances.
The provisions of this Ordinance are based to a certain extent upon the report, dated the 9th March, 1898, of the Insanitary Properties Commission, which was appointed by the then Governor, Sir William Robinson, but whilst in some respects this Ordinance effects a compromise between the views of different commissioners, in other respects it goes beyond their recommendations.
In connection with section 2 of the Ordinance, it was decided that it would not be advisable to apply the provisions of the Ordinance to the Hill District as defined by section 2 of the New Territories Ordinance for the present to any portion of the New Territories.
It is, however, intended to shortly pass another Ordinance applying the provisions of this Ordinance, together with those of other Sanitary Ordinances, to a certain portion of the New Territories south of the Kowloon range of hills, and the reason why the words from "except" down to the end of the section were inserted is explained in the next sentence.
Section 2 is an interpretation clause. Section 3 appears to require no comment.
With reference to subsection (a) of section 4 of this Ordinance, which forbids partitions in houses fronting streets of a width of less than 15 feet except in the top floor, it will be noted that five out of the five Commissioners recommended that in such houses no cubicles should be allowed on any floors.
With reference to subsection (b) of section 4 of this Ordinance, it will be observed that five out of the five Commissioners were of opinion that in houses fronting lanes or streets of over 18 feet in width, no cubicles should be allowed on the ground floor without the permission of the Sanitary Board.
But section (c) of section 4 of the Ordinance needs no argument to recommend it.
Sub-section (d) of section 4 of the Ordinance deals in place of sub-section (b) of section 8 of Ordinance 15 of 1894, which latter sub-section (repealed by this Ordinance) provided, altogether irrespective of the number of cubicles, that the partition walls should not be of a greater height than 8 feet and that a space of 4 feet should be left between the top of the partitions and the ceiling or the underside of the joists.
Sub-section (b) of section 5 of the Ordinance lays down similar requirements with regard to windows and area to those which are laid down by sub-section (a) of section 8.