K&COL.
Hongkong Weekly Press, 13th June, 1894172
The ACTING ATTORNEY-GENERAL—In moving the second reading of this Bill, I propose briefly to deal with the objects it has in view and the reasons for it. The objects of the Bill are in the first place to remove doubts as to the validity of the sanitary by-laws made by the Board on the 11th and 31st of May, or, in other words, to ratify and confirm all that has been done, and all action bona fide taken under these by-laws, and to protect those who have acted under them. The second object of the Bill is to amend the by-laws of May 11th in a slight particular which I will mention later on, and to make more important amendments
in one of the by-laws of May 31st—by-law No. 6. The third object is to provide for the duration of these by-laws until they are revoked by proclamation of the Government. The fourth object is to provide an additional penalty for neglecting to carry out the orders of the Board or of the Permanent Committee under these by-laws as to cleansing and disinfecting houses. The fifth is to make the provisions of Section 76 of the Public Health Ordinance, which are only expressly applicable to orders and notices given under the Public Health Ordinance, applicable to those particular by-laws, and the last object of the Bill is to give additional powers to the Permanent Committee appointed under the by-laws to take possession of any unoccupied lots, generally for the purpose of removing thereto people who have, owing to the existence of the plague, been obliged to remove from their homes. Now, Sir, as briefly as I can, I will deal with the reasons for this Bill. The history of the plague in this colony is very well known to you all, and I will only shortly recapitulate the course of events which have happened. I believe the first note of alarm in the colony, a note of real alarm, that the plague was amongst us was issued by the morning paper on the 10th of last month. There no doubt had been some rumours current that the plague had visited the colony but nothing was actually ascertained, and no information was given to the Government until the morning—I think I am correct in my statement—of May 10th last. On that day the Sanitary Board received a letter from Dr. Ayres, addressed from the Government Civil Hospital, stating that there were 20 cases in the Tung Wah Hospital, that there had been deaths, and that there were likely to be more deaths within the next 24 hours. The Sanitary Board at once met, but they felt—and the feeling was fully justified—that in the state of the law they could not take any proper precautions at the moment without first obtaining from the
Government the power to make by-laws. The manner prescribed by the Public Health Ordinance in which that power could be taken was by proclamation, announcing that the colony was afflicted with plague. Accordingly the Government had immediately to take into consideration what steps they should take and the proclamation was issued on that evening on the strong recommendation of the Sanitary Board. On the following day by-laws were under great pressure prepared and submitted to the Government the same evening, those by-laws having the objects of preventing—I simply state the main objects without going into particulars—preventing the spread of the disease, of providing for the sick and dying, and for the purpose of ... cleansing infected houses.
Now, Sir, those by-laws, or rather the last one, provided for the appointment of a Permanent Committee of three. At the time there was some doubt as to whether the Sanitary Board had power to delegate its executive authority to a Permanent Committee of three. The Public Health Ordinance, in section 19, provides that standing orders may be made for the appointment of special Committees, but as far as I am aware no standing order has ever been framed for that purpose, and therefore there is some doubt whether the Sanitary Board had authority to take power in the by-laws of May 11th to appoint the Permanent Committee. The object of the present Bill is to remedy that defect, if any. On May 31st, instead of the disease having abated in the colony, as was hoped when the period in the proclamation for its duration was fixed for one month, there had been an alarming increase of cases and deaths,
and the Sanitary Board again met and felt that it was their imperative duty to ask the Government to issue further by-laws for the protection of the colony. Those by-laws were passed on the same day and they dealt with the disinfecting of premises, the expenses of disinfecting and cleansing infected houses, the recovery of the expenses of disinfecting and of the removal, housing, clothing, and feeding of the inmates removed. Now, Sir, when those by-laws were put before the Government the Government felt it had to act immediately, and although grave doubts arose as to whether the Sanitary Board had power to regulate the expenses and the recovery of expenses under those by-laws the Government felt justified in passing them in the necessity of the moment. Those by-laws, I say, provided for the recovery of the expenses of disinfecting and the recovery of the expenses of removing, housing, clothing and feeding of the people removed for a period of a month. No question now arises as to the latter class of expenses because the Government have agreed to eliminate them, and I do not wish to enter into any controversial subject as to whether the Government could have enforced the payment of them or not. But, Sir, the expenses of disinfecting although perhaps not within the exact power of the Sanitary Board to regulate by by-law, is most distinctly within the scope and spirit of the Public Health Ordinance. It is now proposed to ratify and confirm the power taken by the by-laws in that respect. If the Government had then refused to pass those by-laws as they stood or made material alterations in them there would have been a serious delay involved; they would have had to be sent back to the Sanitary Board, the Board would have had to be convened, and probably the delay would have been two or three days; in fact it must have been, because the following day after the by-laws were passed was Saturday and probably the Sanitary Board could not have been convened for that day but would have had to wait until Monday, and time was all important.
The third object of the Bill deals with the duration of the by-laws and I can explain that very shortly. Section 31 of the Public Health Ordinance provided that the proclamation bringing into force the power of the Sanitary Board to make by-laws should express the period, and it was at first hoped that a month would be sufficient, and that was fixed by the first proclamation. Since then, this meeting being fixed for to-day and the operation of the proclamation expiring yesterday or on Saturday, a proclamation was issued on Saturday continuing it for a further period of a month, but the Government thinks it is desirable, at any rate it has been recommended by the Chairman of the Permanent Committee, and I quite endorse his views, that it would be much better to say that these by-laws, and any by-laws made under this particular power, should remain in force until revoked by proclamation instead of being renewed from time to time by other proclamations.
As to the continuing penalty which it is proposed to inflict for any breach of the by-laws that have been made, the Public Health Ordinance, Section 32, provides a penalty in a sum not exceeding $200 or six months' imprisonment. But the Permanent Committee think that it would be a much more effective measure if we imposed what is called a continuing penalty for each day during which any infraction of the by-laws continues, and therefore a clause has been put in that behalf in the Bill before the Council to-day. The only other section I think I need deal with is section 6 of the Bill, which applies section 76 of the Public Health Ordinance to orders and notices issued under any by-laws made by the Sanitary Board. Section 76 of the Ordinance provides that all reasonable expenses incurred in consequence of any default in complying with an order or notice issued under the provisions of the Ordinance shall be deemed to be money paid for the use and at the requirement of the person on whom such order or notice is made, and shall be recoverable from the said person. Some doubt appears to have arisen as to whether the section would cover orders and notices issued by the Permanent Committee of the Sanitary Board under the by-laws, and to cure any doubt on the subject this section has been drafted. In the Committee stage I shall have to insert one ...
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K&COL.
Hongkong Weekly Press, 13& June, 1894172
The AOTING ATTORNEY-GENERAL-IS moy. ing the second reading of this Bill, I propose briefly to deal with the objects it has in view and the reasons for it. The objects of the Bill are in the first place to remove doubts as to the validity of the sanitary by-laws made by the Board on the 11th and 31st of May, or, in other words, to ratify and confirm all that has been done, and all action bona fide taken under these by-laws, and to protect those who have acted ander them. The secoud object of the Bill is to amend the by-laws of May 11th in a slight particular which I will mention later on, and to make more important amendments
in one of the by-laws of May 31st-by-law No. 6. The third object is to provide for the dar ation of these by-laws antil they are revoked by proclamation of the Government. The fourth object is to provide an additional penalty for neglecting to carry out the orders of the Board or of the Permanent Committes under these by-laws as to cleansing and disinfecting houses. The fifth is to make the provisions of Section 76 of the Public Health Ordinance, which are only expressly applicable to orders and notices given under the Public Health Ordinance, applic able to those particular by-laws, and the last ob. ject of the Bill is to give additional powers to the Permanent Committee appointed under the by. laws to take possession of any unoccupied lots, generally for the purpose of removing theroto people who have, owing to the existence of the plague, been obliged to remove from their homes. Now. Sir, as briefly as I can, I will deal with the reasons for this Bill. The history of the plague in this colony is very well known t you all, and I will only shortly recapitulate the course of! events which have happened. I believe the first note of alarm in the colony, a note of real alarm. that the plague was amongst us was issued by the morning paper on the 10th of last month. There no doubt had been some rumours current that the plague had visited the colony but nothing was actually ascertained, and no information was given to the Government until the morning- I think I am correct in my statement-of May 10th last. On that day the Sanitary Board re- ceived a letter from Dr. Ayres, addressed from the Government Civil Hospital, stating that there were 20 cases in the Tung Wah Hospital, that there had been deaths, and that there were likely to be more deaths within the next 24 hours. The Sauitary Board at ones met, bat they felt-and the feeling was fully justified— that in the state of the law they could not take any proper precautions at the moment without j first obtaining from the
Government the) power to make by-laws. The muuaer prescribed by the Public Health Ordinance in which that power could be taken was by proclamation, announcing that the colony was afflicted with plague. Accordingly the Government, had im- mediately to take into consideration what stops they should take and the proclamation was issued on that evening on the strong recommendation of the Sanitary Board. On the following day by-laws were undor great pressure prepared and submitted to the Government the same evening. those by-laws having the objects of preventing- I simply state the main objects without going into particulars-preventing the spread of the disease, of providing for the sickaud dying, and for the purpose of I think it was in those by-laws
losing infected houses. by-laws,
Now. sir, those or rather the last one, provided for the appointment of a
Parmanent Committee of three. At the time there was some doubt as to whether the Sanitary Board had power to dele gate its executive authority to a Permanent Committee of three, The Public Health Or- dinance, in section 19. provides that standing or- ders may be made for the appointment of spe- cial Committees. but as far as I am aware no standing order has ever been framed for that purpose, and therefore there is some doubt whe- ther the Sanitary Board bad authority to take power in the by-laws of May 11th to appoint the Permanent Committee. The object of the present Billie to remedy that defeat, if any. On May 31st, instead of the disease having abated in the colony, he was hoped when the period in the proelsma tion for its duration was fixed for one month, there had been an alarming increase of eness and destag /
Avent
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and the Sanitary Board again met and felt that it was their imperative duty to ask the Govern- ment to issue further by-laws for the protection of the colony. Those by-laws were passed on the same day and they dealt with the disinfect ng of premises, the expenses of disinfecting and oleansing infected bouses, the recovery of the ex- penses of disinfecting and of the removal, housing, clothing, and feeding of the inmates removed. Now, sir, when those by-laws were put before the Govern- ment the Government felt it had to act immediate- ly and although grave doubts arose as to whether the Sanitary Board had power to regulate the expenses and the recovery of expenses under those by-laws the Government felt justified in passing them in the necessity of the moment. Those by-laws, I say, provided for the recovery of the expenses of disinfecting and the recovery of the exponses of removing housing, clothing and feeding of the people removed for a period of a mouth. No question now arises as to the lattor class of expenses because the Govern- ment have agreed to eliminate them, and I do not wish to entor into any troversial subject as to whether the Government could have enforced the payment of them or not. But, sir, the expenses of disinfecting althongh perhaps not within the exact power of the Sanitary Board to regulate by by-law, is most distinctly within the scope and spirit of the Public Health Ordinance. It is now proposed to ratify and confirm the power taken by the by-laws in that respect. If the Government had then refused to pass those by-laws as they stood or made material alterations in them there would have been a serious delay involved; they would have had to be sent back to the Sanitary Board. the Board would have had to be convened, and probably the delay would have been two or thre days; in fact it must have been, because the following day after the by-laws were passed was Saturday and probably the Sanitary Board could not have been convened for that day bus would have had to wait until Monday, and time was all important. The third object of the Bill deals with the duration of the by-laws and I can explain that very abortly. Section 31 of the Public Health Ordinance provided that the proclamation bringing into force the power of the Sanitary Board to make by-laws should express the period, and it was at first hoped that a mouth would be sufficient, and that was fixed by the first proclamation. Since then, this meeting being fixed for to-day and the operation of the proclamation expiring yesterday or on Saturday, a proclamation was issued on Saturday continuing it for a further period of a month. but the Government thinks it is desirable, at any rate it has been recommended by the Chair- man of the Permanent Committee, and I quite endorse his views, that it would be much better to say that these by-laws, and any by-laws made under this particular power, should remain in force until revoked by proclamation instead of being renewed from time to time by other pro- clamations As to the continuing penalty which it is proposed to inflict for any breach of the by- laws that have been made, the Publie Health Ordinance, Section 32, provides a penalty in a sum not exceeding $200 or six months' imprison- ment. But the Permanent Committee” think that it would be a much more effective measure if wo imposed what is called a continuing penalty for each day during which any infraction of the by-laws continues, and therefore a clause has been put in that behalf in the Bill before the Council to-day. The only other section I think I need deal with is section 6 of the Bill, which applies section 76 of the Public Health Ordinance to orders and notices issued under any by-laws made by the Sanitary Board. Section 76 of the Ordinance provides that all reasonable expenses inenrred in consequence of any de- fault in complying with an order or zotion issued under the provisions of the Ordinance shall be deemed to be money paid for the use and at the requirement of the person on whom snob order | or notice is made, and shall be recoverable from the said person. Some doubt appears to have arison as to whether the section would cover orders and notices issued by the Permanent Committee of the Savitary Board noder the by-laws, and to oure any doubt on the sabject this section has been drafted. In the Committee stage I sbull bare to insert one Į
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