Sessional_Paper_1886-1887 — Page 406

(C.S.O. 1014).

403

No.

30

87.

HONGKONG.

DR. HO KAI'S PROTEST AGAINST THE PUBLIC HEALTH BILL, SUBMITTED TO THE GOVERNMENT BY THE SANITARY BOARD, AND THE BOARD'S REJOINDER THERETO.

Presented to the Legislative Council, by Command of His Excellency the Officer Administering the Government, on the 27th May, 1887.

DR. HO KAT'S PROTEST.

An Ordinance for amending the Laws relating to Public Health in the

Colony of Hongkong with the Bye-laws made thereunder.

MEMO. OF OBJECTIONS.

This

By this Ordinance and the Bye-laws made hereunder, landed property in this Colony to the extent of millions of dollars will be sacrificed, vested interests greatly interfered with, and public confidence shaken to its foundation. Ordinance together with its Bye-laws contains nearly all the important provisions of a Building Ordinance sought to be introduced last year into the Legislative Council, and which as soon as was known, created quite a sensation in this Colony. This, self-same Bill without modifications of any importance is now placed under the mighty patronage of the Sanitary Board, through whose vast influence and recommendation its promoters hope for better success.

As a member of the Sanitary Board, I regret that the Bill should have been considered by the present Board and not reserved for the new Board the Municipal Board of Health, the composition of which (as its name implies) partakes of a more representative character. I further regret that an eminently important measure like this should be considered by any public body of men, however influential and scientific, with closed doors and under strict confidence. It is true that the Sanitary Board consider this Bill with the view of recommendation only, and not of definite legislation; that must rest with the Government. Still if one takes into account the enormous weight and importance which the public as well as the Government attach to the recommendations of the Sanitary Board, it does seein strange that the discussion of an Ordinance of such a sweeping character and paramount importance should not be made public at once, so that its progress from the commencement could be watched by supporters and opponents alike. As it is its opponents are placed at great disadvantage, and as I am only speaking for myself, I must confess I felt oftentimes my extremely difficult position of being isolated from my supporters outside the Board, while those whom I am supposed to represent and whose interest I am bound to protect, knew nothing of the existence and progress of the serious measure that threatens to interfere with their rights and interests in a most arbitrary manner. I am aware of some of the reasons which lead to the consideration of this Bill in private and confidential sittings, the chief being that it was inadvisable to excite unnecessary public feelings and adverse criticism and discussion on the provisions of a Bill which might each or all be modified in its passage through the Sanitary Board. But a little careful consider- ation will show the absurdity of this position. As far as this Bill is concerned, the Sanitary Board has been constituted or has constituted itself the adviser of the Government, and in order to be better enabled to advise, it should receive advice from the public at large, otherwise its recommendations may be unsound and against the public interest. I do not think that the position of a public body is anything the worse by having free and unrestrained public discussion on its proceedings and deliberations. It loses nothing but may gain a great deal of useful information and wisdom, unless it thinks that its members are infallible and its wisdom supreme-a doctrine worthy of the Grand Inquisition of the dark middle ages. Public comment and criticism, I submit, are necessary in this case as well as in any other case, and those who dread these should not become the Champions