CO129-276 - Governor Sir Robinson - 1897 [6-8] — Page 28

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revised before being brought befors the Legislative Council and another edition was made; indeed there were three editions, although the third edition eliminated all the things that could be eliminated or found fault with and that would press hardly on the opium farmer. The by-laws as they stand at present were sent to the opium farmer, with the following letter dated 31st March, 1897, to his solicitors, Messrs. Deacon and Hastings: -“Gentlemen,-I am directed to acknowledge the receipt of your letter of the 29th January forwarding a petition from the Man Fook Company on the subject of certain by-laws made by the Sanitary Board on the 21st De cember with regard to opium smoking divans. In reply I am to inform you that your clients' petition has been carefully considered and the by-laws have been revised with a view to prevent the infliction of any apparent hardship upon your clients, but that it is necessary to consider the public health, and the granting of the Opium Farm in no way implied that the Sani- tary Board should be precluded from making by-laws in pursuance of the powers conferred upon it under the Public Health Ordinance of 1887, which was in force when that contract was made. I enclose for your clients' informa- tion a copy of the most recently made by-laws which will be submitted for the approval of the Legislative Council when it next meets.--1 have the honour to be, &c., J. H. Stewart Lockhart, Colonial Secretary," This is not any new law which we are putting in force. The opium farmer knew when he made his contract that the Sanitary Board could make such laws. Precisely the same argnment might be used by any Crown tenant. He might just as well say, "When I made my contract thore was nothing to prevent me from building my honses as I liked. Since that time they have introduced now laws and consequently I shall refuse to pay any Crown rent." I defy any hon, member to find say fault with the analogy. The contract was made with the Government and a certain licence was allowed him and he knew the Sanitary Board could stop a good deal of that. licence. Every Crown tenant mast submit to the law and so must the opium farmer. If be has been making extra profits all this time unknown to the Government-the Government began to find it out last year-by overcrowding

"

and conducting these places in a most insanitary of As a matter of

manner be must have been making illegal gain. The by-law he specially objected to has been eliminated and the only one he can now pos- sibly make any objection against is the present by-law 3, which says that a keeper of an opium smoking divan shall not permit his premises to be overcrowded between the hours of midnight and ba.. Coolios use these places to sleep in and if they went next door, which may be a common lodging honse, no more than a certain number would be permitted. The common lodging! house people have now seen the advantage to the public health of the laws against which they formerly kicked. There is nothing ob jectionable in these by-laws and the opium farmer will find that he will lose nothing at all by them. If he does it is simply because he has been making money by overcrowding to the detriment of health.

Hon. T. H. WHITEHEAD-With reference to the quibble raised by the learned Attorney- General that these by-laws are not a Bill, I anbmit they are the operative part of Ordin. anco 24 of 1887. Without the sanotion of this Council those by-laws cannot be passed. The law is being altered in a material way and it very seriously prejudices the opium farmer's interest. Section 15 of the Public Health Ordinance 24 of 1887 reads, "All by-laws made by the Board, when approved, shall have the same force and be equally valid as if they had been contained in this Ordinance.” I submit, Sir, this is a most important part of the Bill; this is the operative part of the Bill and without it the position of the opium farmer cannot be altered. The learned Attorney-General referred to counsel not being able to place before this Council any new matter, but I think that the learned member must have forgotten that the unofficial members of this Council are un- Aware of the conditions of the grant from the Government to the opium farmer, and before we are asked to pass these by-laws it is desirable that we should know what the terms and con. ditions of the grant really are.

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The ATTORNEY-GENERAL-I should like, in reply, to say a word or two. The hon. member spoke of a quibble. I think it is my duty as Attorney-General to point out the distinction between by-laws and a Bill. I understand i the hon. member said a by-law is a Bill,

Hon. T. H. WHITEHEAD-I submit that the by-laws now before us are the operative part of! Ordinance 24 of 1887, and the new by-laws cannot be brought into force until they have had the sanction of this Conneil.

Hon. C. P. CHATER-I beg to second the resolution of my hon friend, as I

am

of opinion that the opium farmer should bo heard by counsel.

The resolation proposed by the Hon. T. #. Whitehead was then put and lost. All the un official members voted for it and the officials against.

The by-laws were then passed.

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