the vote is not provided for in the estimates. Although we know the theory is that every sum of money spent by the spending departments has received the previous sanction of the Governor, we know that often money has to be spent by the responsible chief of a department and he gets the sanction afterwards. I therefore think the section should not be in the Bill and that the president or the Board, if they are fit for their work, ought to be ready to take the responsibility of spending not fifty dollars but a hundred and fifty and seeking the Governor's sanction afterwards. However, if it is the desire of the Council that the clause should remain, I will not oppose it.
The ACTING ATTORNEY-GENERAL--This clause merely embodies a regulation actually in force. The departments have their estimates passed and approved of, and within the limits of those estimates they may spend the sums therein provided. It is only in case of unforeseen circumstances arising that this clause would come into force. Strictly speaking it is not absolutely necessary.
Hon. P. RYRIE-I quite agree with the remarks which fell from his Honour the Chief Justice. We had better leave the clause out altogether and let the rule of the service apply that if money is wanted a requisition must be sent in.
His EXCELLENCY-The Government are very much of the same opinion with regard to what his Honour said just now, but this clause stood in the Bill when it was last before the Legislative Council, and we did not think we had any right to withdraw it. Therefore it has been put before the Council again. You must recollect these small sums-suppose you made it even one hundred dollars-are to cover what we call incidentals. There must always be something overlooked. They must not have to come to the Government for every few dollars; you must always have a little margin for incidentals. But the Government has not the remotest objection to striking out the clause, because we think it is all provided for departmentally.
The ACTING ATTORNEY-GENERAL moved that the clause be struck out.
The ACTING COLONIAL SECRETARY seconded. Carried nem. con.
Clause 13 gives the Board power to make by-laws with regard to a number of matters detailed in twenty-six sub-sections. In sub-section 1 applying to sewers and private house drains an amendment was effected upon the proposal of ACTING ATTORNEY-GENERAL by striking out the portion relating to sewers and limiting the power of the Board to private house drains.
Sub-sections 2, 3, and 5-the provision and proper construction of privies in private premises; the provision of adequate space about dwelling-houses in order to secure a free circulation of air; the proper lighting and ventilation of dwelling houses-were withdrawn by the Government, the Acting Attorney-General stating they would form part of the Building Ordinance. With reference to sub-section 4, the provision of adequate subsoil drainage in order to arrest damp in dwelling houses,
Hon. P. RYRIO said he thought subsoil drainage was hardly necessary here. Indeed he thought it might be very dangerous. The town was built on the slopes of a hill and there should be no subsoil drainage. He thought the clause should be struck out.
The SURVEYOR-GENERAL-Subsoil drainage means, or aims at securing, dry floors by means of agricultural field pipes where floors are damp. I am told damp floors here are a very fruitful source of disease. A very well known disease, beri-beri, is due to damp floors, and therefore where you have back walls very high it seems any Public Health Bill would be incomplete without some provision of this kind for the arrest of damp in ground floors. I hope my hon. friend will not persist in his amendment. This is a most useful provision.
Hon. P. RYRIO-I am under the impression it is unnecessary. Beri-beri is unknown here.
The SURVEYOR-GENERAL-Oh! no.
Hon. P. RYRIO-I never heard of it.
The ACTING ATTORNEY-GENERAL-This provision only authorises the Board to make by-laws and those by-laws are to be laid on the table of this Council, so that my hon. friend will have full opportunity of discussing them and objecting to them if there be any ground for objection.
Hon. C. P. CHATER-I have much pleasure in seconding the amendment. Such a thing is entirely unknown amongst the Chinese, and I think if proper care were taken and the floors properly concreted and cemented, any damp there may be now would be kept away. The whole of the town is built on a hill and water finds its own level, so that if a floor is properly concreted we do not want subsoil drainage. The drains are very expensive for the Chinese, and with all the additions we have to make millions of money would be spent.
A division was taken on the motion that the clause be struck out with the following result:
AYES.
Hon. C. P. Chater
Hon. P. Ryrie
NOES.
Hon. J. Bell-Irving
Hon. A. P. MacEwen
Hon. Wong Shing
The Harbour-Master
The Surveyor-General
The Colonial Treasurer
The Acting Attorney-General
The Acting Colonial Secretary
The Acting Chief Justice
The motion was therefore lost and the clause passed.
Hon. P. RYRIO moved an amendment in sub-section 6. Instead of reading "The cleansing, lime-whiting, and proper sanitary maintenance of all premises in the Colony" he proposed it should read "all Chinese premises." Householders of a better class, he said, would always take care that their premises were kept in proper order.
Hon. J. BELL-IRVING seconded.
The ACTING CHIEF JUSTICE said that where whitewashing was unnecessary the Board would not direct it to be done. He therefore thought the insertion of the word "Chinese" was not required.
The Council divided on the amendment with the following result :-
AYES.
Hon. C. P. Chater
Hon. J. Bell-Irving
Hon. A. P. MacEwen
Hon. P. Ryrie
NOES.
Hon. Wong Shing
The Harbour-Master
The Surveyor-General
The Colonial Treasurer
The Acting Attorney-General
The Acting Colonial Secretary
The Acting Chief Justice
The amendment was therefore lost by a majority of three and the clause adopted as it stood.
Clauses 16, 17, and 18 were struck out on the motion of the ACTING ATTORNEY-GENERAL, who said the matters therein referred to could be provided for departmentally.
At this stage progress was reported.
Page 51
the vote is not provided for in the es- timates. Although we know the theory is that every sum of money spent by the spea ding departments has received the previous sanotion of the Governor, we know that often money has to be spent by the responsible chief of a department and he gets the sanction after- wards. I therefore think the section should not be in the Bill and that the president or the Board, if they are fit for their work, ought to be ready to take the responsibility of spending not fifty dollars but a hundred and fifty and seek- ing the Governor's sanction afterwards. How- ever, if it is the desire of the Council that the clause should remain, I will not oppose it.
The ACTING ATTORNEY-GENERAL--This clause merely embodies a regulation actually in force. The departments have their estimates pas- sed and approved of, and within the limits of those estimates they may spand the gums there- in provided. It is only in case of unforeseGI circumstances arising that this clause would come into force. Strictly speaking it is not ah. solutely necessary.
Hon. P. RYRIR-I quite agree with the re.. marks which fell from his Honour the Chief Jus- tice. We had better leave the clause out alto- gether and let the rule of the service apply that if money is wanted a requisition must be sent in. His EXCELLENCY-The Government are very much of the same opinion with regard to what his Honour said just now, but this clause stood in the Bill when it was last before the Logisia - tive "ouncil, and we did not think we had any right to withdraw it. Therefore it has been put before the Council again. You must recollect these small sums-sappose you made it even one hundred dollars-are to cover what we call in- cidentals. There must always be something over- looked They must not have to come to the Go- vernment for every few dollars; you must always have a little margin for incidentals. But the Government has not the remotest objection to striking out the clause, because we think it is all provided for departmentally.
The ACTING ATTORNEY-GENERAL moved that the clause be struck out.
The ACTING COLONIAL SECRETARY seconded. Carried nem. con.
Clause 13 gives the Board power to make by. laws with regard to a number of matters detailed in twenty-six sub-sections. In sub-section 1 ap plying to sewers and private house drains an amendment was effected upon the proposal of ACTING ATTORNEY-GENERAL by striking out the portion relating to sowers and limiting the power of the Board to private house drains.
Sub-sections 2, 3, and 5-the provision and proper construction of prívies in private pre- mises; the provision of adequate space about dwelling-houses in order to secure a free circula- tion of air; the proper lighting and ventilation of dwelling houses-ware withdrawn by the Go. vernment, the Acting Attorney-General stating they would for a part of the Building Ordinance. With reference to sub-section the pro- vision of adequate subsoil drainage in order to arrest damp lu dwelling houses,"
Hon. P. RYBIE said he thought subsoil drainage was hardly necessary hare. Indeed he thought it might be very dangerous. The town was built on the slops of a bill and there should be no subsoil drainage. Ho thought the clause should be struck out.
The SURVEYOR-GENERAL-Subsoil drainage means, or aims at securing, dry floors by means of agricultural field pipes where floors are damp. Iam told damp doors here are a very fruitful source of disease. A very well known disease, beri- beri, is due to damp floors, and therefore where you have back walls very high it gooms any Pub-, lie Health Bill would be incomplete without some provision of this kind for the arrest of damp in ground floors. I hope my hon. friend will not persist in his amendment. This is a most use- fat provision.
Hon. P. RYRIE-I am unter the impression it is unnecessary. Bari-hari is unknown here.
The SURVEYOR-GENERAL-Oh! no. Hon. P. RYRIE-I never heard of it. The ACTING ATTORNEY-GENERAL-This provison only authorises the Board to maks by- laws and those by-laws are to be laid on the table of this Council, so that my hon. friend will have full opportunity of discussing them and objecting to them if there be any ground for objection.
Hon, C. P. CHATER-I have much pleasure in seconding the amendment. Such a thing is entirely unknown amongst the Chinese. and I think if proper Care were taken and the floors properly concreted and cemented.
any damp there may be now would be kept away."7" The whole of the town is built on a hill and wa ter finds its own level, so that if a floor is pro. porly concreted we do not want subsoil drainage. The drains are very expensive for the Chinese, and with all the additions we have to make mil lions of money would be spent.
A division was taken on the motion that the clause be struck out with the following result:~~~!
ATES.
NOES.
Hon. C. P. Chater Hon. J. Bell-Irving Hon. A. P. MacEwen Hou. Wong Shing Hon. P. Ryrie
The Harbour-Master The Surveyor-General The Colonial Treasurer The Acting Attorney-General The Acting Colonial Secretary The Acting Chief Justice The motion was therefore lost and the clause passed.
Hon. P. RYRIE moved an amendment in sub- section 6. Instead of reading "The cleansing, lime-whiting, and proper sanitary maintenance of all premises in the Colony "he proposed it House- should read "all Chinese premises." holders of a better class, he said, would always take care that their premises were kept in proper order.
Hou. J. BELL-IRVING seconded.
The ACTING CHIEF JUSTICE said that where whitewashing was unnecessary the Board would not direct it to be done. He therefore thought the insertion of the word "Chinese was not required.
The Connoil diriled on the amendment with the following result :-
ATES.
Hon. C. P. Chater
Hon. J. Bell-Irving Hon. A. P. MacEwen Hon, P. Ryrie
NOES.
Hon. Wong Shing The Harbour-Muator
The Surveyor.General
The Colonial Treasurer The Acting Attorney-Genera? The Acting Colonial Secretary The Acting Chief Justice
The amendment was therefore lost by a majority of three and the clause adopted as it stool.
Clauses 16, 17, and 18 wore struck out on the motion of the ACTING ATTORNEY-GENERAL, who said the matters therein referred to could be provided for departmentally.
At this stage progress was reported.
51
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