Sessional_Paper_1907 — Page 284

(Exhibit

No. 146.)

185 (24)

210. The Commission recommend that the Bye-laws be revised where necessary and strictly enforced. That Lo CHUNG be dismissed and banished, and that in future, a better class of man be put in charge of the Chinese cemeteries.

211. We consider the system under which in the past certain of the cemeteries have been leased to various religious denominations most unsatisfactory, these cemeteries being we understand held under building leases. We are of opinion that the ordering of all cemeteries and the regulating of the fees should be in the hands of the Government, as represented by the Sanitary and Building Board, as is the case of all unleased cemeteries under the existing Ordinances.

212. The rule however relating to plans of the cemeteries should be strictly carried out. Dr. CLARK, as Acting Principal Civil Medical Officer, gave it as his opinion that it was not practicable to have a plan of the cemetery exhibited at or near the cemetery, but stated that a plan in accordance with the Bye-law B, sub-section 12, was kept at the Board Office.

Dr. Atkinson held that a plan could very well be exhibited near the Cemetery, a view which is shared by the Commissioners.

213. As a matter of fact, it does not appear that such a plan, as required by the Ordinance, has ever existed, neither the officers responsible or the Secretary Mr. Bryan's having seen such a one. The only plan of Mount Davis cemetery produced was on a very small scale, and not only did not shew the sections of this cemetery but did not even give the boundaries of the total area.

evidence.

Page 2302,

Burials and Burial Orders,

Notices.

Appendix No. 5.

For all practical purposes, this plan was of no use whatever. The absence of such a plan facilitates the frauds which have been practised at the cemeteries.

214. With regard to certificates for burial, it appears that in the case of the death of a Chinese, the certificate of death is often issued by a Sanitary Inspector, unless there be reasons to suspect (1) foul play, (2) accident, (3) or infectious disease.

We consider that in no case should a certificate of death be issued by a Sanitary Inspector, but that all bodies should be inspected by a medical man.

215. If our recommendations as to the re-organisation of the Department be adopted, we do not anticipate any difficulty in the Medical Officer of Health and his Assistants between them being able to examine all such cases as we have referred to.

216. The forms of Notices required to be served to abate Public Health and Building nuisances are given in Schedules D and L of the Ordinance respectively. The former notice is required to be signed by the Secretary of the Sanitary Board, and the latter by the Building Authority, and must be served before any prosecution takes place.

217. The Inspectors are in the habit, with the apparent approval of the Sanitary Department, of issuing what is termed a "small notice," which they fill in and sign themselves and leave ou the premises calling attention to anything which they consider a nuisance and requesting its abatement.

218. If such notices were confined to nuisances over which the tenant has control and are caused by his default, no objection can be taken to this procedure, but to save themselves trouble, Inspectors will often address these notices to the owner, and leave them with the tenant for him to give to the owner, which is distinctly out of order, as the law provides that notices for the owner shall he served on the owner.

In many cases notices to abate nuisances have been addressed to and served on the wrong owner.

219. The Chinese complain that the notices are not explicit enough, and if they ask the Inspectors' Interpreters they often say that more is required to be done than is specified in the notiqe.