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«known, when he made his contract that the Sanitary Board could make such by-laws Precisely the same argument might be used by any Crown tenant. He might just as well say," When I made my contract there was nothing to prevent me from building my houses as I liked or overcrowding them and thereby getting extra rent. Since that time they have introduced new laws and consequently I shall refuse to pay my Crown rent." I defy any hon. member to find any fault with the analogy. The contract was made with the Government, the opinm farmer seems to have taken a good deal of licence, and he knew the Sanitary Board could stop some of that licence. Every Crown tenant must submit to the law and so must the opium farmer. If he has been making extrá profits all this time unknown to the Government-the Government began to find it out last year-by overcrowding and condnoting these places in a most insanitary manner he must have been making improper gain. The by-law he specially objected to has been eliminated and the only one he can now pos- sibly make any objection against is the present by-law 3, which says that a keeper of an opium smoking divan shall not permit his premises to be overcrowded between the hours of midnight | and 5 a.m. Coolies use these places to sleep in and if they went next door, which may be a common lodging house, no more than a certain number would be permitted. The common lodging house people have now seen the advantage to the public health of the by-laws against which they frmerly kicked. There is nothing ob. jectionable in these by-laws and the opium -farmer will find that he will lose uothing at all by them. If he does it is simply because he has been making money by overcrowding to the detriment of health.
THE HONGKONG WEEKLY PRESS AND
May 6 1897.
adversely affected I cannot say. The by-laws by-laws several weeks or at least a month ago appear to have been passed by the Sanitary | I do not understand, but I think our request Board last December and it is indeed passing for time is a reasonable one and I hope that the strange that the Government could not have Government will not refuse it. If the given us an opportunity of consulting those Government do refuse I submit, Sir, that whom we represent. We might at least have the mode of procedure now proposed by had two or three weeks or a month-reasonable the Colonial Secretary, and the proposal to pass these by-laws to-day must tend to bring time-to consider these by-laws.
the proceedings of this Council into the neigh- bourhood of a farce. To vote important by- laws such as these which have come into our hands only two clear days before the meeting of Council is what I am not prepared to do.. They may be the right thing, but we cannot take it for granted, at all events, I cannot take it for granted, and I submit that the public and those whose interests are affected have a right to be heard. I also submit that it would be unreasonable of Government to now force them through the Council.
The COLONIAL SECRETARY-The by-laws were discussed at the public meetings of the Sanitary Board and if the hon. member had been anxious to ascertain the views of the owners of bakehouses he could easily have taken action before this.
Hon. T. H. WHITEHEAD~Í Submit that we should have had the papers sent to us at least a month before they are brought forward for the consideration of the Council. I am not in a position to vote that these by-laws be approved; I shall vote against them on principle.
Hon. F. R. BELILIOS-Would it not be ex- pedient to postpone the discussion on the by- laws for a fortnight?
misunder
The DIRECTOR OF PUBLIC WORKS-I think the position which has just been taken has arisen somewhat through sa Hon, C. P. CHATER-I may mention, Sir, standing, There is very little new matter with regard to the by-laws which are to follow in the by-laws before the Council to-day these, that I have been requested by my unofficial and with your permission I will briefly point colleagues to ask for the postponement of the out the difference between the by-laws passing of them for a fortnight, and perhaps the we are now asked to approve and those whole question might be settled at one time. As which were approved on the 4th April, the hon. member has just pointed out, they were 1895. By-law No. 2 is apparently new, but on reference to Section 4, sub-Section A received by the unofficial, members late on Thursday afternoon and they are of opinion that of Ordinance 15, 1894, it will be seen that the they have not had the opportunity of consi-ground surface referred to in this by-law must be concreted to the satisfaction of the Sanitary dering them carefully. To facilitate matters perhaps you may consent to postpone the whole Board. The Sanitary Board, in revising these by-laws, thought it expedient to elaborate it so of them now.
as to show clearly to those concerned what were the requirements in order that there should be no mistake about such work. By-law 3 is exactly the same as the existing by law No. 2 By-law 4 is practically the same as by law with the addition as to concreting of floors, a practice which I may mention is gene- rally adopted by persons constructing sach an extension of the buildings, existing
Hon.. H, WHITEHEAD-It is not a ques- tiou of reading. I submit we should have an op-
a material portunity of consulting those whom we repre- which bus to streets on
sent and these whose interests will be effected.
A vote was then taken, Hon. Dr. Ho Kai and Hon. C. P. Chater and the official members voted in favour of the by-laws being perced; the remainder of the unofficial members noted against them.
INSANITARY DWELLINGS,
The COLONIAL SECRETARY-I think the hon. member will be more in order if he brings forward that. resolution when the by-laws to which be refers all brought forward for approval. The ATTORNEY-GENERAL-There are only. Hon. T. H. WHITEHEAD-With reference to the quibble raised by the learned Attorney-four or five by-laws and they cover only about two inches of printed matter; it would not take General that these by-laws are not a Bill, I
two or three days to read that. submit they are the operative part of Ordin- ance 24 of 1887. Without the sanction of this Council these by-laws cannot be passed. The law is being altered in way and the proposed alteration may very seriously prejudice the opium farmer's interests Section 15 of the Public Health Ordinance 24 of 1887. reads, “All by-laws made by the Board, when approved, shall have the same force and be equally valid as if they had been contained in this Ordinance." I submit, Sir, this is a most important part of the Bill; this is the operative part of the Bill and without the sanction of that the by-laws made under section 93 of of the buildings do not abut thereon By-la this Council the position of the opium farmer cannot be altered. The learned Attorney-General | referred to counsel not being able to place before this Council any new matter, facts, or argument, but I think that the learned member must have forgotten that the unofficial members of this Council are unaware of the conditions of the grant from the Government to the opium farmer, and before we are asked to pass these by-laws it is desirable that we should know what the terms and conditions of the grant really are. The ATTORNEY-ĢENERAĻ—I should like, in reply, to say a word or two. The hon. member spoke of a quibble. I think it is my duty as Attorney-General to point out the distinction between by-laws and a Bill.
The COLONIAL SECRETARY-I beg to move Ordinance 15 of 1894 be approved by this Concil.
It has been found impossible to secure even light and ventilation ibe this colony if obstructions can in caused by these private lanes, which are in the majority of cases extremely narrow and which are in most instances serionsly obstructed and form the only access to these buildings, unless the Board has power to prevent unnecessary obstructions to these lanes, although the backs 6 is practically the same as existing by-law. No. 5, areas being substituted for width of back yard. By-law 7 is the same as by-law 6. The COLONIAL TREASURER Seconded,
9 is the Hon. C. P. CHATER-On behalf of the By-law 8 is the same as No. 7. By-law 9 is
same as No. 8. By-law 10 is the same as No. official members I would like to ask your Ex- cellency if you could postpone the consitleration 9. except that 8 am has been substituted of these by-laws to a future occasion, say a instead of 5 a.m. That is to say, that no fortnight. The reasons for asking for a post-officer of the Sanitary Board shall, between the ponement are that they were only in the hours of midnight and 8 o'clock the following. possession of the unofficial members on Thurs. morning, enter any domestic dwelling. In the day afternoon and there has been no time old by-law the hours were between 12 and These by-laws 5. This is a concession to the Chinese and the to consider them carefully. are not, like the last ones, only a few lines in public generally in the colony which it is not length, but they are contained in several sheets considered. will be detrimental to the work of and they affect property perhaps very seriously, the Board. By-law 11 is the same as by-law I understand and, secondly, they are of far more importance 10, except that 8 o'clock a.m. is substituted
than those we have just passed.
the hon. member said a by-law is a Bill.
Hon. T. H. WHITEHEAD—I submit that the
by-laws now before us are the operative part of Ordinance 24 of 1887, and these new by-laws cannot be brought into force until they have received the sanction of this Council.
Hon. C. P. CHATER-I beg to second the resolution of my hon friend.
1
The resolution proposed by the Hon. T. Whitehead was then put and lost! All the un- official members voted for it and the officials against.
DSA.
The by-laws were then passed.
·ADDITIONAL BAKEHOUSE BY-LAWS. The COLONIAL SECRETARY moved that ad- ditional bakehouse by laws made by the Sanitary Board as amended be passed.
Hon. T. H. WHITRHEAD-These by-laws came into my hands only at six o'clock Thursday night. During the two work- ing days which have since elapsed it has been impossible for me to go into the merits of
by-laws, and whether the interests of those concerned. ar
Hon. Ho KAI-I beg to support the motion made by the hon. the senior unofficial member, These by-laws affect the interests of the Chinese very seriously, and I for one should like very much to have the by-laws translated and to consult the Chinese respecting them. I think it is only fair we should consider them, whether they are right or wrong from a sanitary point of view, before they are passed. As the senior, unofficial member pointed out, they are of great length and so far as the unofficial members are con- cerned they have had no opportunity of con- sulting their constituents. For those reasons I second the resolution.
Hoa, T. H. WHITEHEAD-I rise to support what has been said. I think the request for time to consider these important by laws is only fair and reasonable, and it would be unreasonable for the Government to pass these by-laws through the Council at this sitting, as the unofficial members have not had the necessary time to consider thenr or to consult with those whom they represent. Why we have not had an opportunity of having these
instead of 10 a.m. Hon, members are no doubt aware than an officer performing duties of in- spection in this colony is about the streets before 10 o'clock in the morning and it is an extremely inconvenient arrangement that he should have to pay a return visit to a house for the purpose of inspection, and it was thought that the substitution of 8 a.m. instead of 10 a.m, would not, under the existing conditions in this colony, bear hardly on the occupants. The latter part of by-law 11 has been inserted; it is practi- cally Section 53 of Ordinance 24 of 1887 and is according to the custom that has been in force in this colony for some time, Under Section 53 of Ordinance 24 of 1887, I may mention, no notice is required. Here it is proposed to give notice. By-law 12 is practically the same as existing by-law 11, only a little less stringent, as it permits of the windows being closed when the weather is inclement. By-law 13 is practi cally the same aa by-law 12, with the addition of the word householder" On reference to the definition of occupier and householder it will be seen that where only the occupier is respou- sible it will be very easy indeed, for such ocer.
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