Page 53
HONG KONG URBAN COUNCIL
DR. MOORE:-This is a very very old method and I have seen recently that it is coming into favour again. But whether it is specifically the belief that it is better than the Schafer and similar methods, I could not tell you.
MR. SALES: Is not the mouth-to-mouth method normally called osculation? (Laughter).
MR. MARDEN: May I ask whether the post-mortem examination on the boy, over which there was correspondence, showed that the death was due to drowning or not?
CHAIRMAN: I am afraid I have no record.
MR. LI YIU BOR asked the following question:-
"In view of the recent press reports of deaths caused by drowning in the Colony's main beaches, will the Chairman consider whether it is feasible in the public interest to introduce legislation to close the beaches in dangerous weather?
If it is not feasible to do so, will he consider taking more effective measures to prevent bathers from using the beaches in rough weather?"
THE CHAIRMAN replied as follows:
"My replies to the earlier question by Mr. R. C. Lee are relevant. I very much doubt whether legislation would have the desired effect, that is, of getting people out of the water. It was in fact considered by the Law Revision Select Committee, but it was felt that if a bather were determined to ignore the red flag he would not be deterred by the prospect of a summons.
It must be remembered that there are often occasions when the weather is good but the sea is dangerous. Apart from the impracticability of closing the beaches to the public it would bear hardly on the public to deny them the pleasure of the beach itself. I must repeat that it is up to the public not to be so foolhardy as to ignore the warning flag."
DR. P. F. Woo asked the following question:-
"The introduction of 'Purchase-a-floor System' has created multi-ownership of a building. Any public health nuisance existing in these buildings would therefore be the responsibility of all the owners concerned, and you are probably aware that your Department has already experienced some great difficulty in dealing with complaints of nuisance in these buildings, largely because of the time required to notify the owners and the difficulty in securing their prompt co-operation. Thus it often happens that the nuisance still cannot be rectified even after many months have passed. In view of this, would the Chairman explain whether you have given consideration to this matter in order to find a method to deal with this more efficiently?"
THE CHAIRMAN replied as follows:-
"It is true that there has been difficulty and delay in cases such as this, due to the need to serve statutory notices, etc. upon each of the owners before remedial action can be commenced. If the persons concerned are difficult to locate through absence from the Colony or inadequacy of their address there may be unnecessary delay, during which time the nuisance remains unabated.
2.
Where the health of the public is endangered by the continuance of a sanitary nuisance, recourse has been made to the Public Health (Sanitation) Ordinance (No. 15 of 1935), and in particular subsection 3 of Section 21, which reads:-
'where the nuisance arises or continues by the act, default or sufferance of the owner, and such owner cannot readily be found, the Council may, if the nuisance urgently requires abatement, abate the same and recover all reasonable expenses from such owner.'
3. By arrangement with the Public Works Department the necessary work is now put in hand and action taken later to recover the cost. I am satisfied that present powers are adequate.
4.
I would, however, warn intending purchasers of flats that they should be careful to ascertain from the vendor their position in regard to common services in the block."
MR. SALES: A supplementary question, Mr. Chairman. Regarding these cases of nuisances arising from multi-owned blocks, has there been a noticeable increase in them as reported to the department lately?
CHAIRMAN:-I am afraid I cannot quote statistics, Mr. Sales. I should imagine there would undoubtedly be an increase. So many of these blocks are being sold.
MR. SALES: Is it the experience of the department that remedial measures are taken immediately without undue delay?
CHAIRMAN: That is the intention of the department in future when a serious nuisance is not rapidly abated.
Page 53
90
91
HONG KONG URBAN COUNCIL
Page 54 is not present in the given text, hence no further changes are required.
90 and 91 are likely page footers and should be kept as is.
107
Page 53 of 107
90
HONG KONG URBAN COUNCIL
DR. MOORE:-This is a very very old method and I have seen recently that it is coming into favour again. But whether it is specifically the belief that it is better than the Schafer and similar methods, I could not tell you.
MR. SALES: Is not the mouth-to-mouth method normally called osculation? (Laughter).
MR. MARDEN: --May I ask whether the post-mortem examination on the boy, over which there was correspondence, showed that the death was due to drowning or not?
CHAIRMAN: I am afraid I have no record.
MR. LI YIU BOR asked the following question:-
"In view of the recent press reports of deaths caused by drown- ing in the Colony's main beaches, will the Chairman consider whether it is feasible in the public interest to introduce legislation to close the beaches in dangerous weather?
If it is not feasible to do so, will be consider taking more effective measures to prevent bathers from using the beaches in rough weather?"
THE CHAIRMAN replied as follows:
"My replies to the earlier question by Mr. R. C. Lee are relevant. I very much doubt whether legislation would have the desired effect that is, of getting people out of the water. It was in fact considered by the Law Revision Select Committee, but it was felt that if a bather were determined to ignore the red flag he would not be deterred by the prospect of a summons.
It must be remembered that there are often occasions when the weather is good but the sea is dangerous. Apart from the impracticability of closing the beaches to the public it would bear hardly on the public to deny them the pleasure of the beach itself. I must repeat that it is up to the public not to be so foolhardy as to ignore the warning flag."
DR. P. F. Woo asked the following question :-
"The introduction of "Purchase-a-floor System" has created multi-ownership of a building. Any public health nuisance existing in these buildings would therefore be the responsibility of all the owners concerned, and you are probably aware that your Department has already experi- enced some great difficulty in dealing with complaints of nuisance in these buildings, largely because of the time
I
HONG KONG URBAN COUNCIL
91
required to notify the owners and the difficulty in securing their prompt co-operation. Thus it often happens that the nuisance still cannot be ratified even after many months have passed. In view of this, would the Chairman explain whether you have given consideration to this matter in order to find a method to deal with this more efficiently?"
THE CHAIRMAN replied as follows:-
"It is true that there has been difficulty and delay in cases such as this, due to the need to serve statutory notices, etc. upon each of the owners before remedial action can be commenced. If the persons concerned are difficult to locate through absence from the Colony or inadequacy of their address there may be unnecessary delay, during which time the nuisance remains unabated.
2.
Where the health of the public is endangered by the con- tinuance of a sanitary nuisance, recourse has been made to the Public Health (Sanitation) Ordinance (No. 15 of 1935), and in particular subsection 3 of Section 21, which reads:-
"where the nuisance arises or continues by the act, default or sufference of the owner, and such owner cannot readily be found, the Council may, if the nuisance urgently requires abatement, abate the same and recover all reasonable expenses from such owner."
3. By arrangement with the Public Works Department the necessary work is now put in hand and action taken later to recover the cost. I am satisfied that present powers are adequate.
4.
I would, however, warn intending purchasers of flats that they should be careful to ascertain from the vendor their position in regard to common services in the block.”
MR. SALES: A supplementary question, Mr. Chairman. Regard- ing these cases of nuisances arising from multi-owned blocks, has there been a noticeable increase in them as reported to the department lately?
CHAIRMAN:-I am afraid I cannot quote statistics, Mr. Sales. I should imagine there would undoubtedly be an increase. So many of these blocks are being sold.
MR. SALES: Is it the experience of the department that remedial measures are taken immediately without undue delay?
CHAIRMAN: That is the intention of the department in future when a serious nuisance is not rapidly abated.
No comments yet.
Private notes are available after approval.