661984-1888-Sanitary-Board-Proceeding-No-5 — Page 2

THE HONGKONG GOVERNMENT GAZETTE, 28TH JULY, 1888.

The Board divided :-

For

Mr. FRANCIS.

Mr. WONG SHING.

Dr. Ho KAI,

Amendment lost by a majority of three.

Original motion carried.

Against

The President. Vice-President.

The Surveyor General.

The Registrar General.

Mr. HUMPHREYS.

Mr. EDE.

807

Mr. FRANCIS and Dr. Ho KAI respectively gave notice that they would record in writing the reasons of their dissent, which are as follows:-

Protest of Dr. Ho KAI and of Mr. J. J. FRANCIS, Q.C., Members of the Sanitary Board, against the decision of the Board to proceed with the consideration of the Bye-Laws prepared and submitted by a select Committee appointed by the Board to prepare Bye-Laws under Sub-sections 1, 2, and 3 of Section 13 of the Health Ordinance.

1. We object to the Board proceeding with the consideration of the Bye-Laws until it has before it in writing the evidence on which the Select Committee acted in framing them and the Report of the Sanitary Engineer referred to by the Honourable the Surveyor General.

2. We object to the Board proceeding to legislate on the subject of house- drainage until it has before it some definite information on the main drainage of the Colony, and as to any proposed new drainage scheme.

3. We object to the Board proceeding with the consideration of the present draft Bye-Laws, because they fail to distinguish between old buildings and new and muddle together several matters that ought to be separately and distinctly provided

for.

The Board has full power to deal with new buildings as defined by the Ordinance. It has no power whatever to deal with old buildings and the drains of such buildings until, in the words of Section 50 of the Ordinance, they are found "defective and insanitary." To pass the first Bye-Law would be to enable the Officers of the Board to interfere with the drains in existing buildings whether in an insanitary state or not, and compel, within a very short time, the entire reconstruc- tion of the existing drainage according to the new scheme, whether it needed recon- struction or not, the Health Ordinance having been specially framed to minimise, as much as possible, interference with existing arrangements and vested interests.

4. We object and protest in the strongest possible terms against the hasty and inconsiderate way in which the Board is proceeding, under pressure from the Surveyor General, to frame important Bye-Laws affecting large interests, without making itself acquainted with its powers under the Health Ordinance and the limita- tions of those powers and without having before it as a Board any evidence, any information as to the evils it desires to remedy.

5. We protest against the theory that it is a matter of indifference how we frame our Bye-Laws, as they must be confirmed by the Legislative Council and the Council will correct our defective work. The duty has been imposed upon us by law of working out these Bye-Laws conscientiously and thoroughly with a due regard to our powers and responsibilities and we cannot shift the burden from our own shoulders without disgrace.

Hongkong, 26th July, 1888.

HO KAI, JNO. J. FRANCIS.

The Board then went into Committee. Clause 1 passed and progress reported.

ADJOURNMENT.---The Board then adjourned until Thursday, the 26th instant, at 4.30 P.M.

Read and confirmed this 26th day of July, 1888.

PH. B. C. AYRES,

President.

WM. EDWARD CROW.

Acting Secretary.