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187. The senior officials of the Sanitary Department, when appearing before the Commission, had been informed of the relations of Au Sui Shang and Au Ying Shang with Lo Man Kai in connection with the ld contract given in the name of Man Hing, but appear to have been quite satisfied that the Cheung Kee Ki hong had no connection with these people, as the Man Hing firm had also submitted (presumably as a blind) a tender for the small stores con- tract, which however had not been accepted,
188. The Commissioners are quite unable to understand a system which permits of a Govern. ment contract being granted to a firm, merely on the strength of a name and address being given, and without the officials responsible making enquiry as to the identity of the firm with whom it is proposed to sign a contrast,
189. In another part of the Report reference is made to the existence of a clique of con- tractors who by working with certain of the Sanitary Officials are able to prevent outsidera from undertaking certain classes of contracts and are thus able to dictate their own terms to those compelled to employ them.
190. Under the Standing Orders, the enforce ment of the law and Bye-laws with regard to Markets, is the duty of the Colonial Veterinary Surgeon.
He has under him two Inspectors of Markets, one for Hongkong and one for Kowloon
The former is reqnid to visit daily all markets in Victoria, and those outside City Boundaries twice a week.
191. They are responsible for seeing that the lessees comply with the Laws and the Regula- tions, and that the watchmen and scavengers carry out their duties efficiently.
There is also an overseer of markets, who acts under the Colonial Veterinary Surgeon, and Inspector of Markets.
192. Attention this past year has been called to the dirty state of the Central Market, and the Colonial Veterinary Surgeon admitted that so far as the roof was concerned he was aware of it before he went home on leave, and that it was the duty of the overseer to prevent this,
193. The iron gates were also in a filthy condition and the attention of Dr. Pearse (who was acting Colonial Veterinary Surgeon) was called to the matter.
There can be no justification for this state of affairs with the present staff, and reflects great discredit on the Inspector of Markets for allowing it.
194. There were several structural repairs necessary and the Colonial Veterinary Surgeon, before he went home in 1906, reported them to the Director of Public Works, but apparently nothing was done for a long time.
195. Amongst the regulations, lessees are not allowed to wash and cleanse birds, fowls, &c., in their stalls. We find however that this is to a large extent ignored and the Colonial Veterinary Surgeon says it is on account of the killing room not being large enough for the market requirements; that this has to be allowed to a certain extent, although making the Market insanitary.
196. We therefore recommend that the killing room be at once enlarged on the lines suggested by the Colonial Veterinary Surgeon in his evidence.
Also that the office of Market Inspector be abolished and the verseer be made immediately responsible to Colonial Veterinary Surgeon for carrying out regulations.
197. One of the most unsatisfactory features of the administration is the almost total neglect of the cemetery bye-laws and the cemeteries themselves. Forming an important part of the work of the sanitary officers, as the cemeteries do, they have never received the attention that they should.
198. With the exception of laying out a few terraces and occasionally measuring the new trenches dug by the contractors' men, the officers responsible for the proper enforcement of the law have never for once thought, or even understood, that it was, along with their other duties, incumbent on them to see to the carrying out of those bye-laws, and to ensure compliance with the prescribed sizes of the
199. The Medical Ofoer of Health thinks it is the duty of the Sanitary Surveyor to exer- aise. supervision, and carry out the law at the pemetries, while the latter has it in his mind
THE HONGKONG WEEKLY PRESS AND
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that the Senior Inspectors, acting under the orders of the former, should attend to them. Even the Principal Civil Medical Officer, as the administrative head of the Sanitary Department, is not clear on whom the responsibility rests, and before the question was raised by the Com- mission had never issued any instructions in reference to the requirements of the by-laws, or concerned himself with the conduct and supervision of the cemetery work.
200. As a matter of fact, things have been left entirely in the hands of the so called sextons, who are Chinese coolies paid $9 per month. These men know just sufficient Chinese to write a few names and numbers, but cannot speak a fow words of even "pidgin Euglish.' Yet they are made absolute masters of the cemeteries at Caroline Hill and Mount Davis, controlling everything in their own way, and carrying on business there as undertakers, stope cutters and contractors..
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[May 27, 1907. leased to various religious denominations most unsatisfactory, these cemeteries being we under- stand held under building leases. We are not of opinion that the ordering of all cemeteries and the regulating of the fees should be in the hands of the Government, as represented by the Sanitary and Building Board, as is the case of all nuleased cemeteries under the existing Ordinances.
212. The rule however relating to plans of the cemeteries should be strictly carried out. Dr. Clark, as Aoting Principal Civil Medical Officer, gave it as his opinion that it was not practicable to have a plan of the cemetery exhibited at or near the cemetery, but stated that a plan in accordance with the Bye-law B. sub-section 12, was kept at the Board Office,
Dr. Atkinson held that a plan could vory well be exhibited near the Cemetery, a view which is shared by the Commissioners.
213. As a matter of fact, it does not appear that such a plan, as required by the Ordinance, has ever existed, neither the offices responsible or the Secretary having seen such a one. The only plan of Mount Davis cemetery produced was on a very small scale, and not only did not Boardshow the sections of this cemetery but dit not
even give the boundaries of the total area.
201. The sexton at Mount Davis even carries his powers so far as to arrange for remains to be disinterred and removed from one section to another, and undertakes to construct large graves far exceeding the regulation sizes, without the knowledge of the Sunitary or paying fees for the extra ground.
202. All these malpractices have been allowed to go on for years without detection, and only quita rec ntly as a result of the investigations hold by this Commission. a case has been reported to the Principal Civil Medical Officer by those officers whose duty should be to visit the cemeteries and prevent irregularities.
203. The Principal Civil Medical Officer stated he was sati-fied with the explanation given by the Sanitary Surveyor, the Senior Inspector, and the sexton, who endeavoured to shift the blame one on the other, and allowed the matter to drop. The question having been referred to the Commission, we find ourselves unable to endorse this decision. Such attitude on the part of the administrative head of the Sanitary Department is calculated to have a demoralising effect upon those who are to blame, emboldened as they would be by immunity from censure.
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204. A long as those malpractices are allowed to continue, not only will the Gorern- ment be defrauded of a great deal of land, but the owners of burial sites will also suffer hardship and annoyance.
205. The sexton on duty at the Mount Davis cometery Lo Chung, is a cousin of Lo Man Kai's. He has been performing dual work as a servant of the Sanitary Department and as the caretaker of the mortuary of the Tung Wa Hospital at Tandy Bay, for which he receives $18 per month, without the knowledge of the Government. Though in his evidence he has not fully admitted the truth, there are good grounds, for belief that he is guilty of malpractices, having a joint account with the grave diggers under him and another man named Lo Pun, for carrying on business at the cemetery as a contractor, pig rearer and head stone cutter.
206. It was stated in evidence that the Inspector in charge merely visited the cemetery for an hour a week. He measured the trenches without looking into other details, alleging want of time, an excuse which we do not accept.
207. s regards the Inspector's report to the office and the records kept hy the office, they are all one and, the same, "being the trans- lating of the particulars furnished by the sexton, who keeps a rough register in Chinese entered up from memory.
208. There has been no supervision or check whatever. Without asking the sexton, the inspector would not know even the boundaries of the different sections, nor how much ground has been taken up. The sexton eau please himself about reporting a burial, as no officer actually checks his returns.
29. Of the cemeteries other than Chinese, no proper plans appear to have been kept. The Sanitary Surveyor is now preparing one for the Colonial Cemetery, instructions to do so having been given him quite recently.
210. The Commission recommend that the Bye-laws be revised where necessary and strictly enforced. That Lo Chung be dismissed and banished, and that in future, a better class of man be put in charge of the Chinese cametaries, 211 We consider the system under which in the past certain of the cemeteries have been
For all practical purposes, this plan was of no use whatever. The absence of such a plan facilitates the frauds which have been practised at the cemeteries.
214. With regard to certificates for burial, it appears that in the case of the death of a Chinese, the certificate of death is often issued by a Sanitary Inspector, unless there be reasons to suspect (1) foul play, (2) accident, (3) or infectious disease.
We consider that in no
case should certificate of death be issued by a Sanitary Inspector, but that all bodies should be inspected by a medical man.
215. If our recommendations as to the re- organisation of the Department be adopted, we do not anticipate any difficulty in the Medical Officer of Health and his Assistants between them being able to examine all osses as wè have referred to.
216. The forms of Notice required to be served to abate Public Health and Building nuisances are given in Schedules D and L of the Ordinance respectively.
The former notice is required to be signed by the Secretary of the Sanitary Board, and the latter by the Building Authority and must be served before any prosecution takes place.
217. The Inspectors' are in the habit, with the apparent approval of the Sanitary Depart ment, of issuing what is termed a "small notice," which they fill in and sign themselves and leave on the premises calling attention to anything which they consider a nuisance and requesting its abatement.
218. If such notice wore confined to nuisances which the tenant has control and are
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caused by his default, no objection can be taken to this procedure, but to save themselves trouble, Inspectors will often address these notices to the owner, and leave them with the tenant for him to give to the owner, which is distinctly out of order, as the law provides that notices for the owner shall be served on the
owner,
In many cases notices to abate naisance have been addressed to and served on the wrong
owner.
219. The Chinese complain that the notices are not explicit enough, and if they ask the Inspectors' Interpreters they often say that more is required to be done than is specifled in the notice.
220. In cases where notices to abate nuisaNCES are not complied with, a second notice is usually served, but in a large number of cases, this notice has not been served until the work has been completed.
221. We recommend that all notices should bear the name of the reporting Inspector, and the date on which the Inspector reported the nuisance.
222. Also that, as we believe a very large number of notices have been isshed calling upon owners to do more than is required by law, a paragraph should be added that in case of the person named in the notice being dissatisfied with its requirements, they shall at once report it to the Secretary of the Board, and that it shall be this Officer's duty to keep a record of
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