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MAJ 27, 1907.]
such complaints and immediately lay it before the Board or any Committee of the Board appointed to review such complaints.
923. We also recommend that a paragraph be inserted on each notice that if any officer asks for any donation, either money or goods, that the person receiving the notice shall at once procedite same as is provided for in the
paragaph.
224. We think that the present system of prosecutions for offences under the Public Health and Buildings Ordinance requires amendment, as the power of prosecution is virtually in the hands of the Sanitary In- spectors, for although before an application for a summons is issued, the Medical Officer of Health or Building Authority is supposed to approve of game, it does not either of these officers makes any inspection to appear that see the application is justified, other than taking the inspector's word.
225. "In some cases the wrong person has been summoned, and although that error has been pointed out to the Inspector, the defendant at much personal inconvenience and aunoyance has been compelled to attend the Police Court. A particular case in point was the prosecution of Mr. Dady Burjor by Luspector Raidie, who was distinctly told by Mr. Barjor that he was not the owner, and was requested to verify that statement by reference to the Land Office. Inspector Reidie declined to do it, saying it was not his business. The Magistrate very properly dismissed the case.
226. In cases of prosecutions for not white washing satisfactorily, it is generally the con tractor who attends the Police Court, and not the person summoned. The word of the Sanitary Inspector lone is taken, and the defendant or contractor is generally advised to admit it, and we feel that if “the squeeze" by the Inspector which had been asked for had been paid, no prosecution would have followed.
227. In one case the defendant was summoned although he wrote to the Sanitary Board saying he had done the work twice 20 days previously, and no reply was received. When he attempted to state his oase before the Magistrate, the Interpreter told him not to make trouble, and he was convicted.
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CHINA OVERLAND TRADE REPORT.
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stores, and (b) the foreign buildings regulations, these documents, as they should be, were sent in which apply to all other classes of building, closed covers to and fro between the Medical private or otherwise.
Officer of Health's office and the Inspector, there - should be no opportunity for the Chinese clerks or other employees of the Department to obtain information which they could communicate rerhaps for a pecuniary consideration, to those
attached, and we believe that were some such Copies of the Shanghai Municipal Rules are system adopted here, much good would result.
236. We are of opinion that should such a
changa appear desirable, no time should be lost extension of building more particularly in the in considering the matter, in view of the great Kowloon peninsula, which we anticipate will take place in the immediate future.
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type of houses, it might be worth while for the 237. In order to encourage the erection of this Government to put up land for sale at a low figure on the condition that only houses of this type be constructed thereon.
238. From enquiries made, we gather that throngh considerable irritation to the public is caused the thoughtless and inconsiderate Ordinance is carried out. manner in which the right of entry under this
order to detect nuisances and prevent over. It is obvious that such a right must exist in crowding but it is equally clear that the greatest tact should be exercised in the carrying of this provision.
239. Instead of this it appears that as regards day visits for nuisances most of the Inspectors and subordinate officials of the Department do not even go through the form of asking permission to enter a house. Instances have been quoted where in the houses of well to- do Europeans these men enter permission, or by merely notifying their without intention to do so to some coolie whom they may meet in the servants' quarters.
240. With regard to Chinese dwellings of all classes, this disregard, for the feelings and rights of the householder is even more marked.
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interested.
246. Although we believe the principle haa been admitted that the Sanitary and Building Regulations shall not be strictly enforcd in out- for this might with advantage be made when lying Districts, it appears that special provision revising the existing Ordinances.
247. While it is admitted that the Building Regulations should be fully enforced in the crowded parts of this city, it is equally clear that great hardship would be entailed on the poorer class of Chinese, were this insisted upon in the villages and scattered homesteads.
949. A case of this nature has been especially reported to the Commission hy the Revd. Mr. attention, Mr. Fong stated that a petition had Fong, to which we would call Your Excellency's been presented by the people of Kowloon point- ing out the hardships which were entailed by a too strict enforcement of the regulations, and as at that time the petition had not been acknowledged. the Commissioners promized Mr. Fong that this question would be specially brought to Your Excellancy's notice.
249. The constantly increasing expenditure attracted a considerable amount of the public of the Sanitary Department has not unnaturally attention. The annual amount spent in this Department has largely increased of late years, but the gain to the Colony has not been com- mensurate with this enormous expenditure.
This increase is chiefly due to the steps taken to eradicate bubonic plague in the Colony,
It is the universal custom in China that a visitor on arriving at the door of the dwelling 250. In spite however of all efforts plague should call out in a loud voice announcing his has not decreased, but varies according to the presence, and asking permission to enter. The climatic conditions of the season as well as the omission to do so even on the part of a friend would be considered a grave breach of manuers, Canton, where no steps are taken to deal
Reason itself, in much the same ratio
as in and even to the coolie class would be most re-scientifically with this scourge. pugnant.
24!. Instead of this Sanitary Inspectors fre- 228. In another instance a man was prosecuted
quently enter a honse during the day time without warning and even go into the women's and fined, not, we believe, because the work had quarters quite as a matter of course, and as been improperly done, but because he bad nothough they were armed with a search warr nf. employed the contractor recommended to him The subordinate servants such as rat catchers by the Inspector.
and others presuming on this also force their way into houses set traps where they will and threaten the owners with prosecution if they are moved.
229.-No convictions should be obtained unless the Sanitary Inspector's evidence is corroborated by the Medical Offloor of Health ́or the Executive Engineer.
230. In cases where a defendant has to em. ploy legal assista 10 and expert advice, and the Magistrate does not conviot, the defendant should be allowed cost. In many cases, where the evidence has not been strong enough to convict they have been adjourned, sine die, and nothing more has been heard of them. We recommend that after three months such cases should be struck out, and dismissed.
231. We also recommend that in no case should a prosecution be allowed unless a notice to abate the nuisance has been served on the owner or occupier, in order that the defendant may have the opportunity of either doing the work required, or of appealing to the Board for exemption or modification of the requirement.
232. In view of the difficulty experienced by Chinese of moderate means in securing honse accommodation for their families at reasonable prices, we would suggest to Your Excellency the advisability of considering whether it could n't be possible in part to meet the difficultion occasioned by the abolition of cubicles by the framing of special rules for native houses.
233. These houses to be confined to one, or not more than two, stories, to be of cheap construction, and while built on sanitary principles, to be less costly than is entailed by the present building regulations.
234. One advantage would be that one or two families could share a house and while thus ensuring greater privacy at a reasonable rate than is now possible the present expessive overcrowding in the four storied houses in Victoria would be prevented.
235. The system has for many years worked very well in Shanghai where two classes of building regulations are in force, (a) one for Chinese buildings which are limited to two
The average Chinese, particularly of the lower orders, are too ignorant of the law and in too great a fear of all Sanitary Officials to question their authority.
212. There is abundant evidence to show that this constitutes a grave scandal and causes much regantment against the working of the Ordinance.
251. It is open to question therefore whether considerable saving might not be effected with. out in any way impairing the sanitary condition of the Colony. This however is a debatable noint, and is pro'ably more a matter of policy. than of the administration.
252. The financial question has in part been dealt with under other headings, such as Accounts, Disinfec ants, &c. But there is throughout the Department a general want of system and proper supervision, which would not be permissible in an ordinary business firm. and which must lead to undue waste and extravagance.
253. The Estimates as now framed are drawn np by the Administrativa Head of the Sanitary Department in consultation with the Medical Officer of Health. It is claimed that he alone is responsible under the terms of Ordinance 23 of 1903 for this work. And the senior Officials of the Department have all stated in evidence that if the Board as a body has been consulted with regard to the Estimates, this is only as a matter of courtesy, and not that they have a
This action on the part of the Officials is no doubt in a large measure due to thoughtlessness and a want of proper appreciation in the manner of carrying out their duties, but with regard to the lower grades it would appear that authority is assumed in many cases with a view to obtain-right to be so consulted.. ing bribes or veating spite against those who have refused to be blackmailed.
254. On two recent occasions the Board one year was asked to pass the Estimates extending $400,000, at a minute's notice, and without any over many pages and amounting to some tima being given for their consideration. The next year even the form of submitting the Estimates to the Board was dispensed with,
243. With regard to night visits for the purpose of checking overcrowding, a separate permit should be issued for each house, and the date the bouse is to be visited should be filled in when it is issued. Under section 27, sub-section 2, an inspecting official visiting a house to ascertain whethera nuisance exists has to produce an order to the occupier of the premises. If this is required during day time, how much more recessarily should it be at night, and yet if a number of houses are included on the one order.mitting them to Your Excellency. it is impossible for the officer to produce a separate order for each house visited.
244. Recently a system has been introduced by which a number of houses are included on the one order the date being left blank, and sub. sequently filled in by the Inspector often after inspection. This appears to have come into force during the recent absence of the Principal Civil Medical Officer on leave.
245. The excuse given for leaving the date blank, viz. that information would be divulged that certain premises are to be visited on a given date, does not appear to us to be sound, for if
mant form a very important item in the Colonial 251. The Estimates of the Sanitary Depart Budget, and as such it is fitting that the Sanitary Board should have full opportunity of considering and discussing them before sub-
256. Under existing conditions, it would represented on the Sanitary Board have no appear that the ratepayers though directly more control over the expenditure of the Sanitary Department than the ordinary_tax payer has over the expenditure of any Govern. meat, that is to say that the sole opportunity offered for discussing the Estimates is when the This right of control so far as the Sanitary Budget is presented to the Legislative Council. Department is concerned, formerly possessed, has been taken away by the passing of the Ordinance 23 of 1903.
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