1931-09-03 — Page 6

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DAILY

HOUSING IN HONG DEPORTATION CASE.

KONG

PEOPLE PACKED LIKE STEERAGE PASSENGERS.

The Hon; Dr. A- R. Wellington Director of Medical and Sanitary Sarxicas, in lbs.

nual report for the

the following commante on Loga housing conditions:

long by 1/4th

broad lying at the por

of the mountain, and sop

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of available

or 1/92nd

the whole land..

that of in

front by the sea and behind

|

EFFECT OF LEGAL ESMARREST ARGUED

FRANK ADMISSION BY THE

At the Supreme Court yesterday, thoy Chinfor Justice (Sir Jomph "Justión Lindsell), who had roerved Kemp), and the Puians Judge (ir

bala- dojírica in the "-depor

Fersk led the

Trest under s

the Crown rusy-General Abanter,

UILDING

19314

LANDLORD FINED,

At the Central Magistracy yer terday, Wong El Ying registered owner of 16-22, Water Street, was summoned Ice carrying out un- |authorised alterations to the pre-

structing a new staircase in mises. The charges were (1) on-

and 18) (3) Dow

and (4) carrying Nos, 18 and 18,241

spproval of the. Building Author,

ANDHRAJO Best overseer of the

Public Works Departi

plans wero submitted for various repairs to the houses and they a original ar were refused because, amongst Fung Man Choon June other thin the stairs had to be an illegal, but, be argued that carried to the roof in accordance the new deportation order with Bection 121. Tas plans were on Augurs: 15 was valid, then sent back to the architect, and in it did not matter whether boy April bay, are re-submitted. The megally detained before that data winire were, again, refused because wildtruction and they were not married

steep Hopes of the mountain Mr. F. Cthe wote not of fre-proof 3. con

there romains hardly an inch of MT. A MIL. Boards, instructed by space which has not been occupied Mr. F. F. Lessly, of Lora, Ruse to the roof Another plan was then submitted showing alterations for one purpose or another. The and Company are appearing into the front of the hates onl

29 the Adbele corpus application of Then be (Mr. Beat) found, on! residential portion of the town behalf of Sung Man Cho, an An inspection in August 24, that where the masses live does not ex amite revolutionary leader, whole

stairs had been totally removed in ceod

deportation by a vossel” passing 400 acres. In this space through the territory of the Fretti Nes, 18 and 22, and that wooden 600,000 individuals and accommoGovernment of Indo-China is being Nos, 10 and 20, those two being stairs, had been constructed "rin dation givin

density of 1,250 contested. At one stage of the this made to serve four housos

Full Court proceedings, the ap plicant's niece, Li Sam, was dis charged when the Lotarins he'd the original deportation rder to feng

be bad.

por

sere.

I

Defendant ploaded that he had. lord prior to purchasing this pro no previous experience as a land party Further, he was not een- Versant with the regulations' and Arrest Disclosed entrusted the work to others, After making it clear that be after pointing out to the defen would lay all the authorita, pedant the danger, entisen to the fin- could find on the matter before the mates of the tour house in the Court, whether they word for mevcut of fire by his action in re- or against, and reinarking that the moving four staircases and replac Crown were not allowed to bolstering them with two wooden ones, the up their case and could only up- Magistrato fined him 8100 press anything for um take of pub lic policy, Mr. Fitzroy and ho would argue the mattar tri the original arrest on June 6 nutil the present time

The conformation of the site with its rapid rise of land near the sea-shoro Jod in the carly days to the orection of houses on the narrow strip of land near the bar bur and extending a little way up the lower slopes of the moun tain the houses being separated by narrow lanes and alloyways. When the population was small and the houses only one and two storica in height, the situation was not un satisfactory.As the population increased the houses were heighten ed to four and five stories with But any corresponding widening of the spares separating them

Writing in 1889 when the po. pulation was 160,000, the area muc the same as it is now and the den' sity 400 per acre- Chadwick stat od: "Overcrowding of houses or the ground occurs to a serious ex- tent and so does usprcrowding of houses with humans," By 100% when Chadwick again visited, the density had risan to 700 per acre, In his port he said that, the holiaing conditions were rathe I worse than botter than they wero" Sung was detained until the 11th in 1892. As regards area per per son they were the same but as ro gards ground area they were worko owing to the large number of lofty houss which had been built dur ing the interval

before that dete or not. His sub- mission was that the second order was good and, on section five, from the moment of the service, Sung was assumed to be in lawful one- tody with lawful arrest. “That being so their Lordship's had no power to discharge him

On June 0, the police raided 186, Tam Tang Road under a warrant for searching for seditious litera ture, when they fund certain mat tor in different languages, and took charge of this together with Sung Mr. Jankin's Submission, Man Cho and Li Bam. There was Mr. Jenkin, in reply, said that no question, he said, that the he would be brief as air, Fitzroy police assumed that wore arresting had donlt with the point in a'tull. Sung on the search warrant, but and frank manner. Counsel would it had subsequently turned out say that if the applicant was in that the literature was not sedi-unlawful custody, because the first tious, and he would not say any order was bad on August 15, there thing more on that point except to was no possibility that their Lord- add that the arrest, in consequence, ships would construe section, 5 as turned out to be illegal. There enabling either the Governor, or "was, he added, J. question about in particular, the Inspector Gone- that. P

ral of Police, to run counter to the decisions which have been quoted and which were to the effect this. ODS could not make good an un lawful custody by the obtaining of a valid writ, or a valid warrant if purporting to be granted by or a valid order to detain, even Statute Law: section was to obviate the necessity The object of the of issuing further detention war rants by E. E. the Governor, and that was what was meant by the words "comed to be under lawful arrest

and on that day the Governor is sued a deportation warrant. v

False Imprisonment,

tonding and sha nnt contend that Counsel added, “I am not con.

he was then in legal custody am going further and will say that from June 6 to Juno 12 he was ta legal study and was suffering falso iruprisonment. I acn't think there can be any question about it. He was wrongly arrested and not saken before a Magistrats, and there is no question about it that

Year by year the population con- tinued to increase immigration baing accelerated by unrest in China. Victoria was the centre of trude therefore the centre of st trection. There was no room to build further, gccommodation and the nowenmors had to squeeze into the already overcrowded premises.he was in legal custody. The Racras were divided into cubicles which to a certain extent, provid

Government was no party to that ed privacy but which interfered out it.

na they know nothing whatever both with lighting and ventilation

The warrant itself, which hold the man for further en- Year by year the Sanitary Do quiries as to deportation proceed partment and the Building Au-ings, was issued on 11th thority made efforts to deal with Counsel contended that the the situation and with a certain Governor's order of June li Was amount of success both as regard perfectly valid and the caly thing palliativo and radionl treatment. The task almost sisyphean in itself, it. The whole question before the that arose was in the execution of was rendered more difficult by Court was the serving of the or paucity of water and by opposider, the effect of serving it and tion put forward both by property ownors and the orcupiers.

1,250 to the Acre,

the contiraing of the man da. dustody, he being then in illegal custody for a considerable, period aftori

The position to-day is that 500,000 With regard to the deportation people are being accommodated, in ordinance, Mr. Fittroy contended an area not exceding 400 acres in it was a civil matter up to and in extent where the streets are nar until a person returned from de row and the houses four and five-

portation, when it became crimin- stories high Tho density is 1,250 1, because there was 710 reason to the acre The people are pack why a man to be deported should. ed together in the houses like steer be guilty of any crime whatever. ago passengers oa emigrant ships It might be so but it was not In some cases them are tiers of necessarily so: bunks placed against the walls spitzroy quoted many in the old fashioned ships, in authorities on the question of illeg others the rooms are divided into al arrests, when he frankly admit cubicles or cabins each measuring ted that they were not in favour of perhaps eight feet by eight feet and the Crown A having partitions & feet in height Deportation Procedure These cabins are not the tempor

He then referred to portion Vot ary, abodes of persons on a voyage the Deportation Urdinance, 2015 but the more or less permanent which reads: So soon as conver honies of the people. Therently may be after the issue little or no room for kitchens, and latrine accommodation is limited to pail closets on the roots of the building

deportation order issued under provisions of this Ord ance, Captain Superlatendent W shall cause a copy of

tion order to be served person against whom and auch person shall be then, into custody if on bail or wise, at large, and If alg custody such person shall remain in custody and shall be, in either ease, deemed to be under lawful arrest, and in lawful custody unti be leaves the Colony

It goes without saying that the maintenance of satisfactory standard of sanitation under suca conditions in a most diffealt pro blera and one which cannot be solved without the willing co operation of the people, One thing is certain so long as buildings are overcrowded and insanitary no amount of external sanitation wil give immunity from disease Kowloon Batter 'Off. With regard to Hewloon the Case is different. This city which in comparatively now hau been laid out. insecurdanes: ( with modery: valid it did not matte „town' planning prinsiples. It has | a density of 300 per acre and the water supply is adequate except do periods of great drought.

Counsel said the proceed took a now turn on August 15 a new deportation order, war and served, and the question would arile as to whether that order was valid or not. If tung order van

Crown's, position was 16th, and it, did not" ther Suur was illegally-deli Continued on nett "Golim!

Their Lordships reserved judg two pointe mentioned at the last ment after, hoaring Mr. Jenkin on hearing.

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