Sessional_Paper_1907 — Page 271

183 (11)

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businesses outside the Colony. It is therefore obvious that the hardship conse- quent upon the prohibition of the erection of more than one cubicle on the upper floors of the existing houses is keenly felt by Chinese of all classes.

Dr.Atkinson's

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72. In his evidence, the Principal Civil Medical Officer has admitted that evidence. sections 153 and 154 dealing with cubicles are drastic and unpracticable. The Pages 2016 remarks and suggestions embodied in the statement of Mr. A. CARTER; the to 2017.. Sanitary Surveyor, which is appended hereto, are worthy of consideration. From Appendix the evidence before us, we cannot but arrive at the conclusion that the revision of Exhibit the law in this direction deserves the serious attention of the Government and the No. 152. Legislature.

73. It is impossible to make a hard and fast rule in this matter, but we are of opinion that cubicles are a necessity to the Chinese population, and that the whole question in the general interest requires careful consideration and thorough revision.

No. 2.

74. Under section 6, sub-section 9, it is laid down that the Building Building Authority means Director of Public Works, or such other person as the Governor- in-Council may from time to time appoint, to give effect to the provisions of Part III of this Ordinance, or of any Ordinance amending the same.

75. Under section 205, Dangerous buildings may be so declared by the Building Authority or an officer deputed by the Governor-in-Council in that behalf.

.76. Under section 230, where the existence of a nuisance under Part III of the Ordinance is brought to the attention of Building Authority, or of any officer deputed by such Authority in that behalf, or to the attention of the Principal Civil Medical Officer, then any of these officers can issue notices to abate the same.

77. A list of nuisances under Part III is given in section 229. sub-sections 1 to 6, but sub-section 6 seems to cover not only the nuisances specified in Nos. 1 to 5, but every nuisance under the Ordinance.

78. In the first place, we would point out the inconsistency of sub-section 9 of section 6 and sections 205 and 230, in so far as the appointment of delegates to the Building Authority is concerned, as by the first two of these sections the delegate must be appointed by Governor-in-Council, and by the third the power is given to Building Authority himself to nominate and depute a substitute.

79. Mr. Perkins of the Building Authority Department has been deputed by the Governor-in-Council to issue notices, &c., under section 205.

80. The Secretary of the Sanitary Board has been deputed by the Building Authority to issue notices under Part III of the Ordinance, but as is pointed out in paragraph No. 77 of this Report, this covers every nuisance in the Ordinance, we do not consider such delegation proper or satisfactory, as the Secretary of the Board has no technical knowledge of Buikling Construction, and is therefore dependent on the Sanitary Inspectors, and is obliged to sign any notice which in the opinion of the Inspector should be served. And we have even known cases where the Acting Assistant Secretary of the Sanitary Board has signed notices on behalf of the Building Authority.

$1. In another instance a building was declared dangerous by an overseer, who served a notice, which he signed for the Building Authority, but this may have been an oversight, and we cannot find that there have been any other com- plaints of this nature.

82. The Building Authority admits that much of the work delegated to the See Mr. Sanitary Inspectors is of such a nature that they are not fully qualifie i to deal Chatham's with, and should be the work of the Engineer.

evidence. Page 2596.

83. We consider the power given to the Principal Civil Me lical Officer See Dr. under section 230, to deal with Building Nuisances, misplaced, as by his own Atkinson's admission he is not qualified to deal with some of them, which should properly be Page 2077 dealt with by an engineer.

evidence

to 2078.