CO129-266 - Governor Sir Robinson - 1895 [1-3] — Page 42

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

think it is of course quite proper for the Govern- ment or the dauitary Board to say that all wells in an insanitary condition should be closed far fear of the injary that they may do to the sanitation of the dolony, but at the same time it is quite a different thing to close a well simply because it is likely to prove injurious to health. It is easy to say that of any well, I think the right thing to do is to test the well and when we find it contaminated in such a way as to be injurious to health then to close it.

The ATTORNEY-GENCSAL-I may out that a well cannot be closed without a Magistrate's consent and the Board has to show that it is expedieul it should be closed and filled up. The defence would be that it is not expedient, and if that succeeds the well would not be closed, I should think that is suficient to meet the hon. member's objection.

point

The amendment was not seconded, and the section as it stood was passed.

Section 18.-Prohibits verandahs in narrow siroots.

Parsed.

Section 19-Offences and Penalties.-One of the sub-scetious provides that where two or more convictions have taken place within three months with respect to the same house, whether the pep sons 30 couvicted were or were not the same, the house may be closed.

Hon. E. R. BELILIOS-I move that the words "whether the persona so convicted were or were pot the same" be deleted.

The ATTORNEY-GENERAL-You might have two or three cases of overcrowding in the saine house with different tenants; the landlord might put in a different man each time. In that case We ask to have the building closed for such time as may be necessary.

Hon. E. R. BELILIOS¬An owner who may have been once convicted may hare left the colony and the house have passed into be hands of a second mau.

flog. G. P. CHATEN-It would be unjust to the landlord to close the house under those gir. eumstances. By striking out these words you make it mean that the three offences must bo pommitted by the same man.

The ATTORNEY-GENERAL-The penalty is against the promises whomsoever they belong

to.

Hon. A. McCoNACHTR-Supposing a house changes ownership #

The ATTORNEY-GENERAL-Suppose there were twenty owners. The first is convicted and he goes away. The second is convicted and he goes away. The third is convicted, and then the house may be temporarily closed, if all the cou victions have taken place within three months.

Hou. A. McCONACHIE-I do not think that is at all right. It is possible an owner who bought property to-day might have it closed

to-morrow.

THE COLONIAL TREASURIa-We all know the habits of the Chinese. If a raan found that his house was convicted he would pass it on to his brother, and so it would go round

the circle, and you would never have the house closed at all, unless you had this provision in the Ordinance.

Hon. Ho Kai-Supposing I lot a house to pue man who allows the premises to be over prowded for his own advantage. I turn him out and let it to another man, who rapeats the same thing. And why should I have my premises closed because by driving away the former tonaut. I have assisted the Government in doing away with overcrowding? Another man comes in. How do I know he won't overcrowd just the same as the foriner ona? I do not see any justice in it. It is surprising that people for the sake of having the name of sanitarians and doing what they can for the public should want to commit such injustice either to a landlord or to a poor may. If it is the gamo tenant you can reason in this way-"This tanant pays you a certain amount of money, he has been convicted, you know what he did and you won't drive him away, because you want to get more money. The penalty is if you allow him to stop on that your house will be closed, and you will lose your reut." That I can under stand; it is reasonable. But when I drive a man away and next month another tenant comes in of whom I know nothing and he commits the samə offence-

The HARBOUR MASTER-Drive him out too. Hon. Ho Kar-But they close the house. The HARBOUR MASTER-And a good thing for you, to know what is going on in your house. Hon. Ho Kai-If you call that justice I don't.

The ACTING COLONIAL SECRETARY—I would point out to the hon. member who has spoken 90 warmly for the landlord who is auxions to turn put the overcrowding tenant that the Ordin ance says"may," and I feel sure if any laudlord convinced the Magistrate ho had been showing such great zeal the magistrate would not convict him. The object is to provent overcrowding and if any landlord showed the seal the hon. member suggests there would be no object în fining him.

Hon. A. McCONACHIE-There are so many conditions that property soon wou't be worth owning at all.

Bis EXCELLENCY-IS

Beconded?

the

Họỳ. C. P. GĦATRE-I second it.

amendment

A division was then taken, when all the un official members voted in favour of the ameud- ment and the official members against; the neodment was therefore lost and the section as it stood was passed.

Section 20-Exemption of Government buildings from the operation of the Ordinance. The section was passed with the addition of the words "or wells."

The "schedules” were passed, and the Council resumed.

AIS EXCELLENCY-I will now adjourn the Conucil until Monday at three o'clock and hope we shall be able to meet the views of thę ssaior quofficial momber with regard to septiqu 12.

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the

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