CO129-554-16 Lepers Ordinance 1935 14-6-1935 - 13-7-1938 — Page 4

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

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Mr Duncan 3/6/38 per Cowell.

At the last meeting of the Advisory Medical

Committee the Director of Medical Services, S.S. and

F.M.S., stated that they were proposing to enact a

Leper Ordinance based on the recent Hong Kong one.

He mentioned that under it full power as to removal

of lepers to a Leper Asylum would be in the hands of

the Director of Medical Services. Some members

expressed surprised that it was not necessary to con-

sult a magistrate, and Lord Dufferin thought it would

be desirable to look into the matter.

The Hong Kong Leper Ordinance No.25 of 1935

superseded a 1910 Ordinance under which lepers were

rounded up by the police and removed for detention

by order of the Governor. The new Ordinance was

based on the report of a committee, which is enclosure

3 to No.1 on 53640/35 Hong Kong. The important

paragraph in the report is No.14.

While the

references in the 1910 Ordinance to the Governor and

to the Governor in Council may have been unnecessarily

cumbrous, it may be thought that the powers given to

the Director of Medical Services by sections 4 and 5

of the new Ordinance should have been qualified by

some requirement that a magistrate's committal order

should be obtained. Do you consider that we should

allow the Hong Kong Ordinance to be used as a model

for Malaya?

Calder

31.5.38.

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