Sessional_Paper_1907 — Page 563

187 (5)

Windowless cubicles are absolutely prohibited only in houses erected after the passing of that Ordinance, and there are many ways in which new houses could have been (and in the case of brothels, where cubicles are a necessity, have been) designed since that `date to provide for the erection of small rooms, corresponding to the old cubicles, but lit in every case by a small window.

In the case of houses existing at the date of the Ordinance, it is only on the ground floors that cubicles are absolutely prohibited. On upper floors other than top floors two cubicles can in a very large number of cases be provided, while on top floors and in all corner houses the number of cubicles is limited only by the number of side windows or skylights that can be provided.

Having regard to the fact that the Census of 1901 showed the female Chinese Population to be only 27.1% of the whole, it was hoped that Chinese families would find accommodation in the cubicles on upper and top floors in existing buildings, in corner houses where lateral windows could be provided and in new buildings. And there can be little doubt that such would have been the result had landlords, with the assistance of their architects, taken the trouble to devise means of providing cubicles in existing houses with windows; and in new buildings to adopt fresh designs providing for cubicle-like rooms properly lit by separate windows.

L

4 Plans.*

The attached memorandum and plans show one way in which upper floors in existing Enclosure 6 houses exceeding 10 feet in depth night without much structural alteration have been made to contain four or five habitable sub-divisions each. These plans were brought to the notice of the Sanitary Board some months ago. I have not seen that the Board ever dis- cussed or considered them. They may or may not show the best possible solution of the problem but they do show that steps might have been taken to provide living accom- modation in accordance with the law to a population which the Commissioners would have us believe are harassed by impracticable legislation.

In making their strictures on the provisions of the Ordinance dealing with cubicles, it seems to me that the Commissioners have overlooked the proviso at the end of the section quoted above which gives power to the Board with the consent of the Governor-in-Council in all cases to grant the modification of or exemption from the requirements of this section upon such conditions, if any, as the Board may deem expedient. If the Board would deal intelligently and reasonably with each application for modification or exemption on its merits after inspection of the locus in quo much of the dissatisfaction with the working of the scc- tion would be removed.

From inspections of tenement houses that I have myself made during the last 4 months I am of opinion that speaking generally their lighting and ventilation shows considerable improvement on their condition prior to 1903. The use of curtains among the poorer classes is, however, objectionable.

It has been pointed out above that in certain new houses designed for brothels cubicle- like rooms have been provided lit by separate windows in accordance with the law. But it is most disheartening to find that these are practically the only new houses erected since the passing of the Ordinances of 1903 in which any attempt has been made to provide for legal cubicles.

Landlords will probably argue that when they build houses for Chinese occupation they do not know to what class of tenants the floors will be let. They therefore build the old familiar style of house with no lateral windows. No sooner are these finished and let, than some of the floors at any rate are sub-let as tenements and forthwith are sub-divided with the old-fashioned windowless cubicles.

This is a very serious matter. It is obvious that the Chinese population must have cubicle-like rooms, and unless a retrograde step is to be made and the abomination known as a windowless cubicle is to be allowed in new houses the law must be amended to oblige all future houses built for occupation by Chinese to be constructed with lateral windows.

Building Authority.

6.—Paragraph 78.—In my opinion, no inconsistency exists. Sub-section 9 of Section 6 defines the "Building Authority" and provides for an alteration in the administrative head by the Governor-in-Council, should such alteration for any cause become expedient.

Section 205 reserves the power of deputing authority in the case of dealing with "dangerous buildings" to the Governor-in-Council. The powers of dealing with " danger- ous buildings" are the most drastic in the whole Ordinance and it is only reasonable, in the

* Not published.