Private and Confidential.
(
An Ordinance for amending the Laws relating to Public Health in the
Colony of Hongkong with the Bye-laws made thereunder.
MEMO. OF OBJECTIONS.
328
By this Ordinance and the Bye-laws made hereunder, landed property in this Colony to the extent of millions of dollars will be sacrificed, vested interests greatly interfered with, and public confidence shaken to its foundation. This Ordinance together with its Bye-laws contains nearly all the important provisions of a Building Ordinance sought to be introduced last year into the Legislative Council, and which as soon as was known, created quite a sensation in this Colony. This self-same Bill without modifications of any importance is now placed under the mighty patronage of the Sanitary Board, through whose vast influence and recommendation its promoters hope for better success.
As a member of the Sanitary Board, I regret that the Bill should have been considered by the present Board and not reserved for the new Board the Municipal Board of Health, the composition of which (as its name implies) partakes of a more representative character. I further regret that an eminently important measure like this should be considered by any public body of men, however influential and scientific, with closed doors and under strict confidence. It is true that the Sanitary Board consider this Bill with the view of recommendation only, and not of definite legislation; that must rest with the Government. Still if one takes into account the enormous weight and importance which the public as well as the Government attach to the recommendations of the Sanitary Board, it does seem strange that the discussion of an Ordinance of such a sweeping character and paramount importance should not be made public at once, so that its progress from the commencement could be watched by supporters and opponents alike. As it is its opponents are placed at great disadvantage, and as I am only speaking for myself, I must confess I felt oftentimes my extremely difficult position of being isolated from my supporters outside the Board, while those whom I am supposed to represent and whose interest I am bound to protect, knew nothing of the existence and progress of the serious measure that threatens to interfere with their rights and interests in a most arbitrary manner.
I am aware of some of the reasons which lead to the consideration of this Bill in private and confidential sittings, the chief being that it was inadvisable to excite unnecessary public feelings and adverse criticism and discussion on the provisions of a Bill which might each or all be modified in its passage through the Sanitary Board. But a little careful consideration will show the absurdity of this position. As far as this Bill is concerned, the Sanitary Board has been constituted or has constituted itself the adviser of the Government, and in order to be better enabled to advise, it should receive advice from the public at large, otherwise its recommendations may be unsound and against the public interest. I do not think that the position of a public body is anything the worse by having free and unrestrained public discussion on its proceedings and deliberations. It loses nothing but may gain a great deal of useful information and wisdom, unless it thinks that its members are infallible and its wisdom supreme—a doctrine worthy of the Grand Inquisition of the dark middle ages.
Public comment and criticism, I submit, are necessary in this case as well as in any other case, and those who dread these should not become the Champions of the Bill; and moreover, my experience as a member of the Sanitary Board convinces me that in many instances public opinion and testimony are urgently required to correct misunderstandings and individual convictions and beliefs. I fancy I have heard mentioned more than once that the Sanitary Board is a scientific body and all it has to consider is purely a matter of Sanitary science; indeed I have been asked repeatedly when offering some opposition to a clause in the Bill, whether as a medical man and a scientist, I did not consider that such and such a thing was desirable and even necessary. My answer has always been and will ever be to this effect—Is the Sanitary Board a scientific as well as practical body of men? Are we met together to discuss matters of Sanitary science purely or practically? If purely, then I agree with every proposition of any scientific importance put forward to the meeting, and further I would add much to the numerous provisions in order to render them more perfect and more scientific. I would advocate every poor family to have its three acres and a cow, a garden, a conservatory and what not, at the expense of the state or the princely merchants and rich landlords. But if practically as well, then I would oppose the many provisions which in my opinion are unnecessary, uneconomical, and unconstitutional. Some Sanitarians are constantly making the mistake of treating Chinese as if they were Europeans. They
But if
Private and Confidential.
(
An Ordinance for amending the Laws relating to Public Health in the
Colony of Hongkong with the Bye-laws made thereunder.
MEMO. OF OBJECTIONS.
328
By this Ordinance and the Bye-laws made hereunder, landed property in this Colony to the extent of millions of dollars will be sacrificed, vested interests greatly interfered with, and public confidence shaken to its foundation. This Ordinance together with its Bye-laws contains nearly all the important provisions of a Building Ordinance sought to be introduced last year into the Legislative Council, and which as soon as was known, created quite a sensation in this Colony. This self-same Bill without modifications of any importance is uow placed under the mighty patronage of the Sanitary Board, through whose vast influence and recommendation its promoters hope for better success.
As a member of the Sanitary Board, I regret that the Bill should have been considered by the present Board and not reserved for the new Board the Municipal Board of Health, the composition of which (as its name implies) partakes of a more representative character. I further regret that an eminently important measure like this should be considered by any public body of men, however influential and scientific, with closed doors and under strict confidence. It is true that the Sanitary Board consider this Bill with the view of recommendation only, and not of definite legislation; that must rest with the Government. Still if oue takes into account the enormous weight and importance which the public as well as the Government attach to the recommendations of the Sanitary Board, it does seem strange that the discussion of an Ordinance of such a sweeping character and paramount importance should not be made public at once, so that its progress from the commencement could be watched by supporters and opponents alike. As it is its opponents are placed at great disadvantage, and as I am only speaking for myself, I must confess I felt oftentimes my extremely difficult position of being isolated from my supporters outside the Board, while those whom I am supposed to represent and whose interest I am bound to protect, knew nothing of the existence and progress of the serious measure that threatens to interfere with their rights and interests in a most arbitrary manner. I am aware of some of the reasons which lead to the consideration of this Bill in private and confidential sittings, the chief being that it was inadvisabic to excite unnecessary public feelings and adverse eriticism and discussion on the provisions of a Bill which might each or all be modified in its passage through the Sanitary Board. But a little careful consider- ation will show the absurdity of this position. As far as this Bill is concerned, the Sanitary Board has been constituted or has constituted itself the adviser of the Government, and in order to be better enabled to advise, it should receive advice from the public at large, otherwise its recommendations may be unsound and against the public interest. I do not think that the position of a public body is anything the worse by having free and unrestrained public discussion on its proceedings and deliberations. It loses nothing but may gain a great deal of useful inf rmation and wisdom, unless it thinks that its members are infallible and its wisdom supreme-a doctrine worthy of the Grand Inquisition of the dark middle ages. Public comment and criticism, I submit, are necessary in this case as well as in any other case, and those who dread these should not become the Champions of the Bill; and moreover, my experience as a member of the Sanitary Board con- vinces me that in many instances public opinion and testimony are urgently requi- red to correct misunderstandings and individual convictions and beliefs. I fancy I have heard mentioned more than once that the Sanitary Board is a scientific body and all it has to consider is purely a matter of Sanitary science, indeed I have been asked repeatedly when offering some opposition to a clause in the Bill, whether as a medical man and a scientist, I did not consider that such and such a thing was desirable and even necessary. My answer has always been and will ever be to this effect--Is the Sauitary Board a scientific as well as practical body of men? Are we met together to discuss matters of Sanitary science purely or practically? If purely, then I agree with every proposition of any scientific importance put forward to the meeting, and further I would add much to the numerous provisions in order to render them more perfect and more scientific. I would advocate every poor family to have its three acres and a cow, a garden, a conservatory and what not, at the expense of the state or the princely merchants and rich ländlords. practically as well, then I would oppose the many provisions which in my opinion are unnecessary, uneconomical, and unconstitutional. Some Sanitarians are cons- tantly making the mistake of treating Chinese as if they were Europeans. They
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