CO129-310 - Acting Governor Major Gen Gascoigne - 1902 [1-4] — Page 223

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

The word feature in this case is that the Architect, Mr. Em Hageland - who was an Engineer in the P.W.D. and retired in 1900 to take up private work in Hong Kong (vide 16703/00) - does come within the definition of "works" sec. 7 (12).

5. W. J. 26-13 of course comes within the definition of "works" sic. 7 (12). See also 11749 and 31 (x) — 4669-3000-8-01.

The addition of a fourth story to a 3-storied building is not "new building" within sec 3 of ordn 15 of 1889, nor does it come within the definition of "building" (sec 7.11). I think the D.W.P is right in saying that no certificate under sec 5 of the ordn was required in respect of this addition as a "new building."

But under sec 72 it was undoubtedly subject, secondly, to the provisions of the order. The plans were submitted to the P.W.D under sec & were approved after being in conformity with the order after the usual examination, which appears to have been a casual one.

I think there was negligence (1) in approving the plans after insufficient examination (2) in not exercising the power of entry and inspection under sec. 75.

I do not understand the amounts of the fine. Presumably they were inflicted under sections 69 & 77 of ordn 15 of 1889 and bre 4 of order 7 of 1895, the owner & contractor each being convicted of several offences, and fined for each of them.

It is most unsatisfactory that this neglect to exercise their powers under sec. 724 & 75 of the Building Ordinance was not discovered earlier. I think that the Government should be told that this neglect was most unsatisfactory and that it led to the loss of 43 lives and 24 injured persons. It appears that only 3 of the mentioned in 32500 or, recovered 1500/01.

We should ask for a full report as to what steps are proposed to be taken to prevent such disasters in future and for an expression of the Attorney General's views as to whether the law requires strengthening so as to increase the penalties; and whether this is not a case in which proceedings for mandamus could have been brought against anybody.

Draft for consideration as at 27/3. If there are any alterations in the above minutes, please enclose Mr. Weir's question & the answer when given or ask whether compensation was given CPL. 29 at once.

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The word feature in this case is that the Architect, Mr. Em Hageland - who was an Engineer in the P.W.D. and retired in 1900 to take up private work in Hong Kong (vide 16703/00) - does come within the definition of "works" sec. 7 (12). 5. W. J. 26-13 of course comes within the definition of "works" sic. 7 (12). See also 11749 and 31 (x) 4669-3000-8-01. The addition of a fourth story to a 3-storied building is not "new building" within sec 3 of ordn 15 of 1889, nor does it come within the definition of "building" (sec 7.11). I think the D.W.P is right in saying that no certificate under sec 5 of the ordn was required in respect of this addition as a "new building." But under sec 72 it was undoubtedly subject, secondly, to the provisions of the order. The plans were submitted to the P.W.D under sec & were approved after being in conformity with the order after the usual examination, which appears to have been a casual one. I think there was negligence (1) in approving the plans after insufficient examination (2) in not exercising the power of entry and inspection under sec. 75. I do not understand the amounts of the fine. Presumably they were inflicted under sections 69 & 77 of ordn 15 of 1889 and bre 4 of order 7 of 1895, the owner & contractor each being convicted of several offences, and fined for each of them. It is most unsatisfactory that this neglect to exercise their powers under sec. 724 & 75 of the Building Ordinance was not discovered earlier. I think that the Government should be told that this neglect was most unsatisfactory and that it led to the loss of 43 lives and 24 injured persons. It appears that only 3 of the mentioned in 32500 or, recovered 1500/01. We should ask for a full report as to what steps are proposed to be taken to prevent such disasters in future and for an expression of the Attorney General's views as to whether the law requires strengthening so as to increase the penalties; and whether this is not a case in which proceedings for mandamus could have been brought against anybody. Draft for consideration as at 27/3. If there are any alterations in the above minutes, please enclose Mr. Weir's question & the answer when given or ask whether compensation was given CPL. 29 at once.
Baseline (Original)
ཧཱུཾ། neglected to exercise their powers under 5. 724 75 of the Building Ordce. I think that the Gov should be told most imsatisfactory. that this neglect discover under what Y I Can inot was clances of the Building Ordoes. the fines referred to at the end of the Report, were inflicted; the punishment seems mild, & we should I think, ask for a full report of the proceedings for an expression of the taken, & Attorney Gent's views as to whether the law requires strengthening fear cade so as to increase the penalties; & whester this is not a which proceedings for mandaughter could have been brought against anybody, but I am disposed to think that as there was neglect om. the part of a Govt. Dept, which I beat lead to the loss of 43 lives ( It appears the 24 injured persons. that only 3 of mentioned in We 32500 or, recovered, 1500/01, an early should ask for * report as to what steps are proposed. to be taken to prevent such droasters in future جيكية The word feature in this that the Architect. Air Em Hageland - wer 10 fame an Engineer in the 1.W.D. wad who A A retired in 1900 to take up fawati work in 16703/00) the Coloms. 5. W. J. 26-13 of does come within refinition of "works" sic. 7 (12). A 31 (x) 46ñ69-3000-8-01 Ser also 11749 Новисло The addition of a franth story to } 219 3-storied building is not when building" within sec 3 of orda 15 of 1559, nor does it coms within the definition of "building" (ssc 7.11) if.). It and I think the D.W.P is right in "Saging that no certificati under ssc 5 of the corda 53 was required in respect of this addition as a "new building, ". But sender ssc 72 it was undrastudley subject, Semently, to the provisions of the order. Thes sic Sq مسمادا win submitted to the P.W.D under sic & torre approved bering in conformity with the order after the usual examination" which appraisto to a casual one- I think time was was negligence (of in approvince, the plans after insufficient examinatio (3) in not exercising the power of catry and inspection under ssc. 75. I do not understand the amounts of the fine. Presumabing stu inflected under sections 69077 of ord2 15 4 1889 and bre 4 of order 7 of 1895, the owner & contractor rach being convicted of several offence, and fined for rach 4 them J.R Draft for considuation as at t 27/3 any in the above minutes, enclose Ii Weir's question & the answer When given of ask whether Compensation was given CPL. 29 atonce
2026-06-01 07:46:16 · Baseline
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ཧཱུཾ།

neglected to exercise their powers

under

5. 724 75 of the Building Ordce. I think that the Gov should be told

most imsatisfactory. that this neglect

discover under what

Y

I

Can

inot

was

clances of the Building Ordoes. the fines referred to at the end of the Report, were inflicted; the punishment seems mild, & we should I think,

ask for a full report of the proceedings

for

an

expression of

the

taken, & Attorney Gent's views as to whether the law requires strengthening

fear

cade

so as

to increase the penalties; & whester

this is not a which proceedings for mandaughter could have been brought against anybody, but I am disposed to think

that as

there was

neglect

om.

the part

of a Govt. Dept, which I beat lead to the loss of 43 lives ( It appears

the 24 injured persons.

that only 3 of

mentioned in

We

32500 or, recovered,

1500/01,

an early

should ask for

*

report

as

to what steps are proposed.

to be taken to prevent such droasters

in future

جيكية

The word feature in this

that the Architect. Air Em Hageland -

wer

10 fame an

Engineer in the 1.W.D.

wad

who

A

A

retired in 1900 to take up fawati work in 16703/00)

the Coloms.

5. W. J. 26-13

of does come within refinition of "works" sic. 7 (12).

A

31 (x) — 46ñ69-3000-8-01

Ser also 11749

Новисло

The addition of a franth story to

}

219

3-storied building

is not when building" within sec 3 of orda 15 of 1559, nor does it coms within the definition of "building" (ssc 7.11) if.). It and I think the D.W.P is right in "Saging that no certificati under ssc 5 of the corda

53

was required in respect of this addition as a

"new building, ".

But sender ssc 72 it was undrastudley subject,

Semently, to the provisions of the order. Thes

sic Sq

مسمادا

win

submitted to the P.W.D under sic

& torre approved

bering in conformity with

the order after the usual examination" which

appraisto to a casual one-

I think time was

was negligence

(of in approvince, the plans after insufficient examinatio (3) in not exercising the power of catry and

inspection under ssc. 75.

I do not understand the amounts of the fine. Presumabing

stu

inflected under sections 69077 of ord2 15 4 1889

and bre 4 of order 7 of 1895, the owner & contractor rach

being convicted of several offence, and fined for rach

4

them

J.R

Draft for considuation as at t

27/3

any

in the above minutes, enclose Ii Weir's question & the answer When given of ask whether Compensation was given

CPL. 29 atonce

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