The-Hong-Kong-Weekly-Press-1907-02-09 — Page 4

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returned?

[February 9, 1907.

Mr. HCM PHREYS — hen he was M.O.H.. before he waat home, did he not recommend some for tataler-mption?

Dr. CLARK -Not nader this Ordinance. Mr. HUMPHREYS -But under a previous Ordinance with the sime enactment?

The PRESIDRYT -le did. I can look it up. Mr. HUMPHREYS -It do-sn't matter,

"CONFISCATION OF PROPERTY. An in eresting disenssion originated from the correspondenca relative to proposed hou«es in Gugh Street and Hollywood Road with

cross section.

The PRESIDENT moved the adoption of the recommended plan.

THE HONGKong weekLY PRESS AND

Mr. HUMPHREYS - Thare is one question was paid, any subsequent proceedings being trand on the part of the Chinesh purchaser, ¦

I would lik» to put. Was that one house erempt. merely on account of the document itself, and a bank-order would he practically of not on account of any previous transaction. no more value thay an ordinary post-dated 'ed bafora Dr. Clark left for England or after he Before issuing the order the bank has to cheque. As in the course of tra le hoth

Dr. CLARK-Quite recently. assure itself, in case it have not receive its sides are practically dependent on their; equivalent in cash, as to the solvency of the banks for clearing the transae'jañs, no party to whom it has issued it in the first sale could be effected till the normal cash had been handed over, a endition which instance; and once it has issued it, it ein- Lot plead that it has no asset. The silven would bring back the unsatisfactory cy of the bank issuing the order is, in fact, latio os existing in primitive ages before the I

consideration affecting the the only

gueral introduction of hauke. In any recipient. Of course if the order have

case the Chine purchaser his the remely been stolen or otherwise come into improper in his own hands, by seeing that he has the| hands, the bank may, as in the case of a proscumper dents before han ling over the stolen note, temporarily refuse to pay the order. Other complaints made by the amount to the presenter, but it cannot on Chinese as to bank hal days, &e.. are easily When used in the course of a any such plea nequit itself of its liability | adjustable. for payment, which is inherent in the docu, | qua rei, they may serve to add fuel to the ment itself, and cannot be traversed; and present growing spirit of discontext, but as in any case it assumes all the responsibility Mr. SKOTTOWE points out, the

niences aren't alto ether on the side of the quite independent of the orizinal grautee, whose absolute property it became on issue. | Chinese; a little taitu le has by old custoun Such is the claim of the Shanghai Genera! | been termited to grow up, to the mutual Chamber of Commerce in respect to certain | satistact on of both sides. There has un la Bank Orders for which payment was refusal the pres ut hen a httle yielding on hoth on the plea that the recipients had not ful-sides, but if the Chines." bank、 desɗe to regard filled the condi ions on which the hollers of introduce hird and fast rules with r

It the order had passed it over. appears

tahdidays and hours of his nois, they mig he prepared to reciar sen e Alt that certain bank orders were given i cray

ther the new aft mpt on behf of the native haka¦ ment of cargo purchased of a firm in shang. hai, which were passed into a foreign bank to upset previous arrangements is only on a in the ordinary course of business. These par with the general unfriendly di-position orders on becoming due were presented for which is being fanned by the reactionary payment to the issuing bank, but payment party from one end of the Empire to the It is founded on no real grievance, was refused on the ples that the delivery | ather. order for the goods had not, when applie? | nor has it the exeuse of bing in any way for subsequently to the acceptance of the brought about by any unfriendly sprit in order, been given; and that in consequence the ast of foreign governments, or foreign there was no indebtedness. The Chinese residents. banks on the other hand have through the TAOTAI been seeking to establish a hith rto | HONGKONG unheard of claim, that it is open to the giver of a bank order to a foreign firm, should he have, or fancy he have, a dispute concerning the matter for which he has handed over the bank order, to notify the bank to refuse payment on maturity, and hand over the money to the Binkers' Guil·l¦ pending a settlement of the dispute satis- factory to himself.

It is not alleged in the cases complained of that auy loss resulted to the giver of the order, the goods bargained for having boạn delivered in accordance with the agreement ; but it can be readily seen that any attempt to discredit an unconditional doemen would have a very detrimen:all effect on the commerce of the port, and would go fir to destroy the confidence hitherto existing between native and foreign mereants, and would certainly be detrimental to the interests of both.

In the first instance the granting of post-dated or·lers has proved of enormous advantage to the native mer- chant, as it affords him in his dealing with his own bank the necessary time to pass on the purchased cargo in whole or part, or ta make his own arrangements as to continuing his credit. The only alternative 1+ this course would be to require payment in cash and this would be in the majority of cases practically impossible. Hall any advantage been taken of the present system to commit | frauds on Chinese purchasers, there might have been room for asking for a sideration of a rule which practice had shown to be conducive of fraud, but no such is alleged. The present system has, it is acknowledged, worked to the mutual benefit of all; and has been proved of advantage to, the trade generally, so that prima facie no palpable reason can be alleged for desiring to alter it.

recoa-

On the other hand if it were permissible to reopen every case for discussion when the bank-order attained maturity, enormous opening would be afforded for

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SANITARY BOARD,

A meeting of the Sauitry Barl was held on February 5th at the Board Room. The Hon. Dr. J. M. Atkinson (president) presided, and there were also present Dr F. Clark, Medical Officer of Health, Hon. Mr. W. Chatham, Lieut. Col. J. M. R-id, Hon. Mr. A. W. Brewin, R gistrar General, Dr. H. McFarlane,

ssistant Mel cal Officer of Health, Mr. H. umphreys, Mr. -helton Hooper, Mr. Lau Chu pak and Mr. G. A. Wolewk (wer»tary).

THE OP N S'ACE QUESTION.

Mr. HUMPHREYS, pursuant to notic, askel the following questions;

(1) Has the Medical Officer of Health ever recommended any Chines- houses for tal exemption from the provisions contained in subsection (1) of section 75 of the Public

Health and Buildings Ordinance of 1903? If

KO

why did he make such recommendation

when (as he now states) he does not regard Boy dmestic building as perfectly sanitary which is not provided wi h a open space exclusively belonging to such builting?

(2.) Has the Board (with the consent of th Governor in Counel) ever granted Chine » houses toʻal exemption under gsetinn 175 of the Public Health and Buildings Ordinanca of 1903, upon the remendatio, of the Medical Officer of Healt¬?

The MEDICAL OFFICER OF HEALTH

plied:

re-

Th Hin DIRECTOR of Pablis Works, la seco iding, said he could not say that any real *initury Improvement would be effected by the limit cion the height of the houses as All the adjicent bou-es in the sam› mentioned. street were of the same height or higher.

Mr HOOPER m ved, with regud to Gough Sirmat. That the plan be not sanotioned. He added that cubicles were allow-d in existing hous bat not in new houses, and ask-d what advantage the Government would gain by putting up that site for public auction. Naturally a man would give a higher premium for tint where he could build three storey insteul of tw It would be a very immoral proceeding if the Government took up that line.

It.

WAN

because they had don-

that that

Hongkong was as insanitary as it was. They had sold and fur bai ding and those sites frut ben

harrow surrounded by

streets Owners had bought them knowing

be wou'd

allowed to pat ap they

Then certain kind. ณ

came the houses of Ordinance of 1913 and their rights bad ben taken away. This practically amounted confiscation.

to

Pa- Hon. Mr. CHAT HAM interpolated the remark that there was no restraint as to height of building whan those lands were sold.

Mr H OPR rejoinal that if a house wAS burat down they would not be allowed to build

o the suma height as before.

Mr. HUMPHREYS seconded the amendment, OB я mation being taken the amendment was carried.

The

of 13.

THE OBNOXIOUS SECTION. REGISTRAR-GENERAL stated that he had given notice of motio regarding applios. tions under section 175 of the Ordinano, In view of the possibility of the considering this Commission now sitting section and making suggested amendments. and considering that the interpretation of te seet on had not been clear and that it had been misinterpreted for two years, ba proposed that in those special ca-es where m-d good to the Board they should grant exemptious from backyards but where Recording to the section they were anable to da so, that they ask the Governor by Connoil prom dings the suspension of to approve "nforcing the law pending considerati » of the report.

He further suggested that a sub- committer should be appointed to decide what should be the special cases under this section.. He formally moved a roolution in those terms and that the Vic-President and the M.O.H. form the nb-committee.

it

tm.

M. HUMPHREYS seconded. He said it was.

that a halt was called in that costly undertaking involved by carrying out the. s ction and in order that they might be batter able to chant ap the dial and wounded as it

her-ferred to the last osasa, whioly showel the populatina af the Colony, includia ₫ New Kowloon, to b. 315,843. The estim‹fed

(1) Dr Clark has recomin-nded ou house for total ex-mption from the provisions contained in subsection (1) of section 175 of the Publie Health and Building‹ Ordinance of 1963. This house is a small triangular building of tw

ΠΑΡΑ storegs, at the corner of Yee Wa strøst, num- bered 63, and can only legally accommodate two ¡ pers in on arch storey. The reason given was

that the honse was a small, and Dr. Clark Population for that your was 370.325, or 56,532 short. He did not me to say that that- pointed out to the Board at the time that the

na uber of people bad actually been in the best way to deal with the property would be fir

Colony, and allowing the estimate to be moderate- the owner to let No. 61 which has a backya-il)

The question, and N», 63 jointly a« ou- dwelling, but that they correct, he thought that a good many Chi.

nes hvi left the Colony.

what was the case of the Board had no power to enforce this saggestion.

(2) The Board hea graut-d total exemption natarily aro*4

Une had to Ching« lering Hongking?

get to g a little farthe t...a bil teil ta under section 175 to 17 Chin honses on the houses on the recommendation of Dr Pearse, the bottom of it. His own opinion was that 19 3, coupled and to 79 Chiness house on the recommendation the drastic Ordinage of

with the very drastic manner in which it had of Dr. Mactariane,

recommendation of Dr. Barnett; to 17 Chinese