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edly contributed to the enormous exodus of Chinese which took place and brought much of the business and trade of the Port temporarily to a standstill.
After the epidemic was over Ordinance No. 15 of 1894 referred to in enclosure C was passed, and besides making provision for the structural and other improvements therein referred to it enacted that the ground surface of every domestic building in the Colony should be covered with impervious material to the satisfaction of the Sanitary Board, and it gave the Board power to make bye-laws in amplification of those it already had power to make under the Public Health Ordinance No. 24 of 1889 in regard to the following matters:--
(Section 13 of Ordinance No. 15 of 1894, sub-section 1.)
13.--(1.) The Sanitary Board are hereby empowered to make, vary and repeal bye-laws for or in regard to all or any of the following matters (that is to say):-
*
(1.) For prescribing the material and the nature and thickness thereof to be used for covering over the ground surface of all buildings and of any cook houses, latrines, or open surfaces connected therewith, such as back-yards, court yards, or other spaces on which slops may be thrown or from which foul waters flow.
(2.) For fixing from time to time the number of persons who may occupy a domestic building or any part thereof and for marking on the exterior or interior of such buildings the number of persons permitted to occupy the same or any part thereof.
(3.) For prescribing the material to be used for enclosing the space to be left above any partitions in connection with section 8 of this Ordinance.
(4.) For the periodical entry and inspection of all buildings and cartilages—
(a.) For the purpose of ascertaining whether the same is in an overcrowded condition.
(b) For the purpose of ascertaining the sanitary condition, cleanliness and good order thereof or any part thereof and of any mezzanine floors, storeys or cocklofts therein or the condition of any drains therein or in connection therewith.
(5.) (a.) For promoting cleanliness and ventilation in domestic buildings.
(6) For the cleansing and removal of refuse and all objectionable matter at stated times from domestic buildings.
(6.) For prescribing the conditions under which alone it shall be lawful to live in, occupy or use, or to let or sub-let, or to suffer or permit to be used for habitation or for occupation as a shop, any cellar, vault, underground room, basement or room any side of which abuts on or against the earth or soil.
(7.) For the prevention as far as possible or mitigation of any epidemic, endemic, or contagious disease including inter alia provisions—
(a.) For the removal of persons suffering from any such disease.
(b.) For the speedy and safe disposal of the dead.
(c) For house to house visitation.
(d) For the destruction of infected bedding, clothing or other articles.
(e) For the compulsory vacating of houses.
(f) For such other matters or things as may to the Board appear advisable for preventing or mitigating such disease.
Bye-laws were duly made and published in the Gazette of the 3rd March, 1895, and those passed under clause vii for the prevention or mitigation of Plague (and other contagious diseases) were based upon and almost identical with the bye-laws made and used during the epidemic by the Permanent Committee.
It is under these bye-laws, with some additions made in 1897 to give the Board's officers legal power to take certain action which they had illegally taken in 1894 and 1896, that the Board have worked ever since.
The method of dealing with outbreaks of Plague which is set out in the enclosed statement E. is based upon and is practically the same as, that adopted in 1894 with the recent addition of the destruction of rats, 104,097 of which have been destroyed up to date.
Since these bye-laws were made up to the time of the receipt of the Petition there has been no intimation from any quarter that these powers were not considered sufficient, and it is difficult to see what further powers (except in one or two particulars indicated at the last meeting of the Sanitary Board) could be given or used without seriously interfering with the business of the Port.
Enclosure E.
7-...
We are unaware what are the recognised prophylactic measures referred to by the petitioners as neglected, unless perchance they mean inoculation which it is obvious could not be successfully applied to a conservative people like the Chinese, the majority of which is filled with prejudice against all forms of Western Medical Science. The Sanitary legislation that has been passed since the Epidemic of 1894 has had for its object the closing of insanitary dwellings; the covering of the ground surface with impervious material; the enforcement of greater cleanliness; the provision of increased open-spaces around dwellings; the prevention of overcrowding; the abatement of surface crowding; and the improvement of ventilation by increase of window space, reduction of cubicles, and restriction of mezzanine floors. Past experience seems to show that light and air are the best prophylactic against Plague, and it is more light and air that special efforts have been made to obtain. While on the subject of the power of the Sanitary Board to deal with an epidemic we would venture to point out that although the Board has no spending power, the statement in paragraph 5 that "it is not in any way responsible for the overcrowded and insanitary condition of Hongkong", and that it is not permitted to exercise any control whatever over its subordinates," is not correct. The Board has the same control over its subordinate officers as any other Government Department has. It has power to make and enforce Bye-laws (subject to the approval of the Legislative Council) on almost every conceivable subject in connection with public health, and its officers can institute proceedings before a Magistrate for closing buildings unfit for human habitation, and for the prevention of overcrowding.
Some of the powers it possesses in the matter of framing bye-laws are alluded to above, and a full statement of all its powers is contained in the Consolidated Public Health Ordinance No. 18 of 1901.
It is worth noting that from the 6th May, 1899, up to the 9th August, 1900, no fewer than 31 houses have been closed either in whole or in part as unfit for human habitation at the instance of the Medical Officer of Health under the powers referred to, but that that officer had not previously taken any action in this direction till reminded of those powers by His Excellency the Governor.
14. In paragraphs 16, 17 and 26 the Petitioners again quote extracts from some reports of the late Colonial Surgeon. We would rather have not been compelled to pass a criticism on the work of one who was for many years a devoted servant of the Colony, and who is no longer here to answer our remarks. Nevertheless we deem it right to point out that under Ordinance No. 9 of 1867 section 14 Dr. Ayres had very considerable powers which we cannot find any record of his having ever utilised.
The section reads as follows:---
"Whenever the Colonial Surgeon, the Medical Inspector, (the appointment of a Medical Inspector was provided for by the preceding section) or any two resident medical practitioners shall certify to any Justice of the Peace that any house occupied by more than one family is so overcrowded or in such a filthy or unwholesome state as to be dangerous or prejudicial to the health of the inhabitants of the neighbourhood, it shall be lawful for the said Justice, and he is hereby required to issue a summons against the householder or his agent within the meaning of the Victoria Registration Ordinance 1866 by notice affixed to the house to appear before the said Justice who shall thereupon make such order as he may think fit; and in case any order so made shall not be complied with by such householder or agent as aforesaid within seven days from the making thereof the said Justice may thereupon impose on the person so refusing or neglecting to obey the said order a fine not exceeding $50 and not less than $10, and in default of payment the person so refusing or neglecting to obey the said order may be imprisoned for any term not exceeding three months."
The next section of the Ordinance gave the Medical Inspector power to enter and inspect. Those sections were repealed by Ordinance No. 7 of 1883 under which a Sanitary Board was established, and section 3 of that Ordinance gave to "any member of the Board or any two resident Medical Practitioners" the same powers.
Dr. Ayres was a member of the Sanitary Board established under the Ordinance, but we cannot find any record of any prosecutions under the section.
It is stated in the same extract that Mr. Chadwick visited the Colony in 1886, and expressed his surprise at finding that so little had been done since his first visit and report.