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HONG KONG URBAN COUNCIL
He said: Mr. Chairman, basements normally should present no difficulties because section 50 of the Public Health (Sanitation) Ordinance forbids their use for any purpose except for garaging and storage, but when refugees began to pour into the Colony in the post-war years every inch of living space in the urban areas was used for human habitation, and even open spaces—I dare say with the concurrence of the Commissioner for Resettlement—were occupied by squatters. It was felt then that the Council had to face the fact that this particular section of the Ordinance was no longer realistic. Basements then became the subject of a debate in many committee meetings and spot visits were made in order to formulate a more elastic and realistic policy.
When the Public Health (Sanitation) Ordinance was revised, it was felt that basements should be treated in the same manner as ordinary tenement floors. Mr. Chairman, the Basements By-laws now before us are the final product of that decision and replace section 50 of the repealed Public Health (Sanitation) Ordinance, 1935. The provisions of sub-section (1) and sub-section (2) of that section are not reproduced because it is felt that the old practice of issuing permits for the two categories of tolerated and permitted basements is no longer necessary. It is therefore considered that sufficient control can be maintained by means of closure orders. I can assure Members, Mr. Chairman, that they need not have any misgivings that the enactment of these by-laws will mean any departure from the Council's present policy on basements. As a matter of fact, the Environmental Hygiene Select Committee has received complete assurance from the Department that if any change in policy is contemplated the Council would be consulted in the first place. The occupants of basements built under the old Buildings Ordinance need have no fear that, after the passing of these by-laws, they would be prosecuted, unless, of course, the basement where they are living is found to be in such a state as to be a nuisance or injurious or dangerous to health. In other words, these by-laws are drawn up with a view to protecting the health of the occupants as well as of the public, and furthermore, they are brought into line with the Council's current practice of dealing with ordinary tenement floors. The Council's policy with regard to basements built under the 1955 Buildings Ordinance remains unchanged, that is, any basement used for human habitation will not be permitted when it is found to be contrary to the purpose for which it was built.
With these remarks, Mr. Chairman, I therefore beg to move.
DR. A. M. S. BELL seconded.
The question was put.
The Motion was carried.
HONG KONG URBAN COUNCIL
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DR. R. H. S. LEE, Chairman of the Environmental Hygiene Select Committee, moved the following resolution:—
"RESOLVED that the Laundries By-laws, 1961, be made under section 40 of the Public Health and Urban Services Ordinance, No. 30 of 1960."
He said:
Mr. Chairman, I have only a brief observation to make on the Laundries By-laws and this concerns by-law 9 and by-law 10. By-law 10 incorporates the request of the Hong Kong and Kowloon Laundry and Dyeing Merchants Association to permit the preparation and cooking of food in laundries where there is a properly constructed kitchen. By-law 9 allows two caretakers to sleep on the premises where there is provision for such to be permitted. I feel, however, that Council, as a policy-making body, must pay due regard to the representation of the trade especially when it is reasonable and constructive, and furthermore, it does not offend against the principles of public health. After all, Mr. Chairman, co-operation from the public is an essential element in the administrative function of this Council.
With these remarks, Mr. Chairman, I now move the Laundries By-laws resolution that stands in my name.
DR. A. M. S. BELL seconded.
The question was put.
The Motion was carried.
THE CHAIRMAN moved the following resolution:
"RESOLVED that the Commercial Bathhouses By-laws, 1961, be made under section 35 of the Public Health and Urban Services Ordinance, No. 30 of 1960."
He said:
These By-laws substantially follow the previous ones under the Public Health (Sanitation) Ordinance and have the basic purpose of ensuring proper health conditions, as well as privacy and decency, in commercial bathhouses. They include a further safeguard to prevent unauthorized structural alterations to a bathhouse once it has been licensed.
I beg to move.
THE VICE-CHAIRMAN seconded.
The question was put.
The Motion was carried.
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