Sessional_Paper_1907 — Page 559

HONGKONG.

No. 1907

11

Minute by the Colonial Secretary on the Report of the Commission to enquire into the working of the Public Health and Buildings Ordinance and the Existence of Corruption in the Sanitary Department.

Laid before the Legislative Council by Command of

His Excellency the Governor.

YOUR EXCELLENCY,

I submit for consideration the following remarks on the Report of the Public Health and Buildings Ordinance Commission.

Open Spaces. Section 175.

2. The Commissioners have gone outside the scope of the reference to them in criticising the principles involved in the enactment of section 175 of the Ordinance and in raising once more the question of compensation. This section, as they point out, is derived from section 7 of Ordinance No. 34 of 1899. That section did not contain the words "by the owner after the words must be provided" probably because the draughtsman assumed that it was obvious from the context that the space must be provided by the owner. There is no question that the inten- tion of the Legislature and of the then Sanitary Board was that it should be so provided, as a reference to the following documents, among others, proves. Ordinance 34 of 1899 was the outcome of the Report of the Insanitary Properties Commission of 1898. That Report was referred to the Sanitary Board, and the Board recommended (see extract attached) Enclosure 1. that "every house should have an open space in the rear of an area ranging from 50 square feet to 175 square feet in accordance with the depth of the house, and they went on to advise that "when the owners of a block of buildings agree to form a lane opening at either end upon a public street" lesser areas comprised in the lane should be accepted for each house.

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In paragraph 11 of their report the Sanitary Board added "There are no structural difficulties in carrying out our recommendations (regarding the provision of open spaces); it is true that the owners in many instances will have to sacritice dwelling space, but we submit that if such entails loss on them they are themselves to blame for overcrowding their property with buildings of an insanitary nature.'

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The recommendations of the Board with regard to open spaces were not adopted in whole but formed the basis of sections 7 and 8 of Ordinance 34 of 1899.

The Ordinance became law in November, 1899, and on the 29th of March, 1900, the Sanitary Board passed the following resolution :-"That advertisements be inserted in the English and Chinese Newspapers calling the attention of owners of house property in the Colony to the requirements of section 7 of Ordinance. 34 of 1899 with regard to the provi- sion of backyards for all existing domestic buildings, and to the fact that these backyards must be provided before the 1st day of June, 1900.”