184
THE HONGKONG WEEKLY PRESS AND
HONGKONG LEGISLATIVE ↓ ¡
COUNCIL.
A meeting of the Legislative Council was held on the 29th inst. in the Council Cham-
ber.
PRESENT: --
His EXCELLENCY the GOVERNOR (Sir HENRY BLAKE, G.C.M.G.).
Hon. Col. L F. BROWN, R.E. (Commanding the Troops).
Hon. J. H. Stewart LOCKHART. C M.G. (Colonial Secretary).
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Hon. H.E. POLLOCK, K.C. (Acting Attorney.ly does take place in this process of disinfection General),
Ron. Commander R. M. RUMSEY, R.N. (Harbour Master).
Hon. C. Mol. MESSER (Acting Colonial Treasurer).
Director of
(Captain
Hon. W. CHATHAM (Acting Public Works).
Hon. F. H. MAY, Superintendent of Police).
C.M.G.
Hon. C. P. CHATER, C.M.G.
Hon. T. H. WHITEHEAD,
Hon. J. THUrburn,
Hon. J. J. BELL-IRVING, Hon. Dr. Ho KAL.
Hop. WEI A YUK.
Mr. C. CLEMENTI (Acting Clerk of Councils),
PAPERS.
The COLONIAL SECRETARY laid on the table a report on the New Territory during the second year of British Administration, which has already been extensively dealt with in the Press, and correspondence regarding increase of salaries of subordinate officers in the Civil Service of the Colony.
FINANCIAL.
The COLONIAL SECRETARY laid on the tale Financial Minutes Nos. 48 to 56, and moved that they be referred to the Fiuanc Committe. The CTING COLONIAL TREASURER second- ed, and the motion was carried.
OTHER PAPERS,
There were laid on the table a report of the proceedings of the Finance Committee at a meeting held on the 29th alt.. and a report of the proceedings of the Public Works Committee ut a meeting held on the same day, when a discussion took place on the subject of providing a refuse-destructor. The reports were adopted.
REPORTS OF STANDING LAW COMMITTEE.
The ACTING Attorney-GENEBAL laid on the table reports of proceedings of the Standing Law Committee on the Bill entitled an Or dinance to amend and consolidate the laws relat- ing to stamps and stamp duty in the Colony of Hongkong, and on the Bill entitled an Ordiuance for anthorising the construction of a tramway within the Colony of Hongkong. He moved their adoption.
The COLO IAL SECRETARY seconded, and the motion was carrried.
CONTAGIOUS DISEASES.
at or
or
The ACTING DIRECTOR OF PUBLIC WORKS laid on the table a copy of additional bye-laws made by the Sanitary Board in reference to the prevention of epidemic, endemic, e niagious disease, and moved their adoption. He said-The object of these bye-laws is to enable the Sanitary Board to take action at present,
any period when any disease is prevalent in the Colony, for the disinfection of promises, The necessity of this must be obvious to hon. members when they consider the number of bodies found in the streets and the number of people suffering from the disease who leare the Colony. I therefore beg leave to move the adoption of the bye-laws.
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[August 31, 1901.
to for any damage that is done in the process The COLONIAL SECRETARY was also in
Pay of "disinfection? For instance, a case occurred favour of the proposal to discuss the matter the other day in which, by no fault whatever | later. of the sanitary authorities, who disinfected the Mr. MAY-I should like, sir, to remove ano house indicated to them, the wrong honse was impression in the mind of the hon. member on disinfected. The fact remains that a claim for my right. He says that in plague time only the $50 was sent in to Government, and was paid, houses the actually have cases of plague in very properly paid. That claim of 350 was for them are disinfected. That is not so. I beg damage that had been done to propɔrty in the to refer the Council to bye-law No. 8, one of house in carrying out the disinfection. When the bye-laws printed under item 7. The powers we come to multip'y that by thousands. I think of the Sanitary Board are that when plague is it is well for us to consider whether or not prevalent they can declare any section of the those expenses to repay the loss that apparent-city to be infected with plague, and can appoint officers to go into every house in that ares, and should be pa d by the Colony. That is the reason if he thinks the house wants cleansing and dis- I should like to have an understanding on the infecting he is empowered to cleanse and dis- subject. Personally, I think that in a case of infect it, whether they had plague there or not. this kind, where the object is to benefit the But the Board cannot do that until plague population, the Colony should bear the expense. actually epidemic. These powers have been Mr. POLLOCK-I think the ordinary rule of exercised by myself and other officers, and I law would apply to a case like this. Supposing have never known yet of any claim for com- | there has been any negligence in carrying out|pensation on account of damage done by that the work, and as a result damage was done, the disinfection, nor of any claims by the Chinese officers in charge of the operations should be population for damage done to goods. It must responsible. I would submit, sir, it would be be remembered, sir, that these houses are prin- only fair, where such damage is due to negli- cipally the houses of the poor class, whose goods gence, that compensation should be paid to the and chattels are not numerous, but any officer party injured by such negligence.
entrusted with this power would remove such articles as would be destroyed by the disinfection process. All the Board wants to do is to go one step farther, and instead of having to wait till plague is actually epidemic in the city in order to take these steps, to get a little farther ahead of the plague and take those same steps before there is any plague at all. The only difference is that what is done at present when plague is prevalent will be done before plague becomes prevalent. I may say, sir, that I believe that if officers of intelligence and discretion are chosen as they always are chosen, in fact¬~no diffi. I should be the last to culties will occur. wish to see any hardship inflicted on the native population, and I have only thought it right to make these remarks in order to remove the impression evident in the minds of some of the speakers.
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His EXCELLENCY-The question is not one of negligence; it is a question of damage done to things in the house that will suffer, and must suffer, however carefully handled.
Mr. POLLOCK-If there is no negligence there will be no cause of action. I take it that when disinfection is going on the greatest care is exercised by the officers in charge.
His EXCELLENCY-There are articles that must be injured, no matter how great the care taken. If there is to be disinfection, then a certain amount of valuable property must be damaged in the process. The proposal to be carried out is a precautionary measure when there is no plągus-to disinfect the entire city. Taking one curier, and only a quarter, a very large amount of damage must be done by the disinfection. Who is to pay for that? These bye-laws are laid before the Council at the in- stance of the Sanitary Board, who ask for immense powers. At the same time, we must take into consideration the rights of the in- dividual-the right to be protected from loss or compensated for injury done to property in con- sequence of what may be a very necessary precaution, if adopted by the Government.
Mr. POLLOCK-I think that any damage necessarily done in pursuance of statutory authority would not be recoverable in a court of law.
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The proposal to postpone the matter until next meeting of the Council was then put to the meeting and carried.
OTHER SANITARY BYK-LAWS. Referring to other sanitary bye-laws for the disinfection of infected premises, the ACTING DIRECT R OF PUBLIC WORKS asked-I pre- sume this item will also stand over ?
His EXCELLENOY—I think it ought to. It was agreed to let the item stand over.
CORAL AND SHELL-FISHING.
The Hon. T. H. WHITEBEad gave notion that at next meeting of Council he would aak---- Will the Honourable the Colonial Secretary inform the Council of the approximate number of fishermen employed in taking coral and shell from the ses adjoining the New Territory and the names of the places where and about the extent of ground over which such fishing
QUESTIONS.-1. CLAIMS TO LAND IN THE NEW TERBITOBY.
Mr. WHITEHEAD-Will the Honourable the Colonial Secretary lay upon the Council table a return shewing-(1) the number of claims to Land in the New Territory sent in up to 30th June, 1901; and (2) the number of claims which had been finally disposed of by the Land Court up to that date? Also will the Honour- able Membr inform the Council what progress has been made with the Survey of the New Territory!
Dr. Ho KAI-I think, after the expression of opinion by the Hon. Acting Attorney. General, that the law on the point that has been raised is very clear. Still, I think it would be better to defer consideration of these bye-laws till the next meeting. I am very unwilling to oppose such bye-laws as these, because I quite agree that during a non-epide. mic time we should prepare ourselves to meet | is carried on? the disease should it again make its appearance by seeing that every house is clean. (I also think that Government should make provision for compensating people for loss sustained in this disinfecting process dning a non-epidemic time, and not make them suffer innocently. Suppose you disinfect my house simply because my next door neighbour has had plague in his house, and you damage my property. I cannot go to law with the certainty of recovering the amount of that damage. You say to me that I ought to sacrifice a certain expenditure for the public good, but though I may be willing to sub mit to the inconvenience and trouble entailed npon me in having my house disinfected, I do The ACTING ATTORNEY-GENERAL Seconded. not see the justice of asking me to sacrifice COLONIAL SECRETARY-Before these bye-hundreds of dollars for the public good without laws are passed, it would be well if the Hon. getting compensation, because at that time you Acting Director of Public Works would inform cannot say that disinfection was necessary. hon. members how the expense that will be Under these circumstances I think that those incurred in carrying them out is to be met. Chinese who occupy the house should be pro- perly compensated for any damage done to their property. It would be perhaps more desirable, however, to adjourn this matter until the next meeting, to gire hon. members of Council some little time to think it over.
Mr. CHATHAM-With regard to the question raised by the Hon. Colonial Secretary, sir, the expense at present incurred in such work is met from the vote for plague, and I therefore take it that any expenditure incurred in the carrying out of the steps proposed would be deferred from the same source.
His EXCELLENOF-I am anxions to know more about this subject before we finally adopt these bye-laws. The question is-Who is
Mr. Whitehead--I beg leave to second the proposal of the Hon. Yember opposite. If disinfection cannot be done without certain damage being caused, I think compensation 'should be granted out of the public funds.
COLONIAL SECRETARY—In__reply to the question of the hon. member, I beg to lay on the table a report on the progress made with the survey in the New Territory,
The report was as follows :- Number of claims received and settled by the Land Court from 1st June, 1900, to 16th July, 1901:-Total claims received, 37,922; finally mettled, 23,457.
During season 1899-1900, an aron of 35,257.77 aeres, containing 226,388 fields, was surveyed on the 16 inch, scal». This area includes:—— All the cultivation lying to the south of the Kow. loon_Hills; the whole of the Uniong District; sub-Districts Santin, Sheongshui, Han Yuck. Fan Ling and Lang Youk-inn_of_ District Sboung U; and the District of Lak Youk.
During mason 1900-1901, u šotal area of 9,094 norns, coulmining 130,857 felda, was surveyed ;
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