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June 29, 1907.]
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Chan Tại of 476 Queen's Road West.] The solicitor who let me have a copy of that summons informs me that he bad three other summonses for similar offences at the same time, and in none of the cases was any notice served on the owner of the building or works. Here are these four caser, and I am under the impres, sion that with a little trouble we could find a great many more. Having stated this, Iwould like to say that a magistrate has power unde- Bection 23, which states that notic's shall be served, to diamies such a ummons. The Com. mission asked, not only that that should be altered, but that in every case where thera is a nuisance the defendant should have an oppor- tunity of applying to this Board or to the Building Authority for protection or exemption, before he was prosecuted. In view of these facts, Sir, I cannot quite understand the action of H.E. the Officer Administering the Govern. ment unless he was unaware of the facts, and I think if they were brought under his notice it is possible he would modify his opinion.
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The PRESIDENT-If you will hand me that paper I will inquire into the matter and find oul whether notices were served or not.
Mr. HOOPER-I will go further. I think it would be only fair and courteous t His Excellency on my part if I asked you to hand him these papers.
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The PRESIDENT moved that the Captain Superintendent of Police, Mr. Fung Wa-obuc and the Medical Officer of Health be appointed & committee to consider the question of the Cemetery Byelaws, and to report to the Board. Mr. HOOPER-Would that include all ceme- teries, or European, or only Chinese cemeteries?
The PRESIDENT It would include them a'l. The VICE-PRESIDENT seconded the motion, which was carried.
The PRESIDENT moved the appointment of a committee consisting of Mr. Hooper, the Director of Public Works and the Presi- dent, to report to the Board concerning limewashing and periodical oleansing bye-laws.
Mr. HOOPEE-I should like to see one of the Chinese members on the Oommittee as he would be of great assistance to us. I would ask that Mr. Lau Chu-pak's name be added.
The PRESIDENT agreed to the inclusion of Mr. Lau Chu-pak's name in his motion, which was seconded by the VICE-PRESIDENT, and car- ried.
THE INSANITARY BLOCK AT MONGKOKTSUI,
CHINA OVERLAND TRADE REPORT.
you don't make any proposal, Sir, I shall move that the Bosrl ake no action in the matter and if you make any proposal I am prepared to move an amendment,
The VICE-PRESIDENT-No.
Mr. HUMPHREYS -Then I move we take no action.
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Hon. Mr. HawBTF-Do you think it is advis- able to have a written rule?
The PRESIDENT-Yes.
Hon. Mr. HɛWETT-Aad not work as they do in the Legislative Council without a writ- ten rule ?
The PRESIDENT --- Yes.
Hon. Mr. HEWETT-I second that. The motion was being put when
The PRESIDENT-I would draw attention to the fact that the Government in one letter stated that they were prepared to accept the half balcony half kitchen arrangement.
Mr. IIUMPHREYS-The owners are not prepara written rule is not required in the Legis- ed to accept the modification.
Hon Mr. HEWETT referred to the modifica- tion given by the new Ordinance, and alluded to the minutes of the Board on the subject' showing that the Board had recommended that the matter stand over pending the report of the Commission. The Commission had now made
Mr. HOOPER exal-imed-"Ob." Then ris- ing he said-I propose an amendment. If
lative Council where they rely upon the honour of mem ers not to act in an improper manner. Sanitary Board. I think it might be left in the same way in the honour of members as in the House of Com. There they rely upon the
mons. There are no written rules there, and I don't see why they should imputa possibility of improper conduct of this Board. If such rules are introduced I to members
can forsee great difficulty. I believe we are to be honoured in the future with the estimates, and no member of the department who draws a salary or even any portion of a salary from the Sanitary Department will be able to vote upon them I cannot conceive a question in Hon. Mr. HEWETT SPConded.
which I may be pecuniarily interested, but The motion was carried by four votes to if any application were to be made in respect three.
its report and as a result the Governor-in- Council had suggested that the Board should have power to grant total exemption as well as modification. Under these circumstances he begged to second Mr. Humphreys' motion.
Mr. HUMPHREYS said he would alter his resolution and more that those exempted under the new Ordinance.
houses be
STANDING ORDERS.
A letter from the Government, relative to the Standing Orders of the Board, was read, as follows:-
Colonial S-cretary's Office, June 12th, 1907.
{ 18,-I am directed by the Officer Admin- istering the Government to stafa for the infor- mation of the Sanitary Board that his attention has been called to the absence of any rule in the Standing Orders, governing the question of voting in cas a where members may have a pecuniary interest.
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In this connection I may be permitted to quote some rulings made in the House of Commons as follows: “A member may not vote, but it is not absolutely out of order for a member to take part in a discussion where his pecuniary interest is involved (July 25, 1859)." A hon. member is debarred from questions in which he has
voting in pecuniary interest, though they may be questions when it is becoming for members or a mem ber to withdraw bef re the division " (March 18, 1864). "This interest must be a direct pecuniary interest and separately be- longing to the persons whose votes were quest ioned, and not in common with the rights of His Majesty's subjects, or State policy" (May's Law of Parliament, 9th edition, page 1811),
од A matter of
of the houses belonging to the Land Invest- ment Company, I am here to make expla- nations relating thereto, which I think would be to the advantage of the Board, because they would have all the facts before them.
The VICE-PRESIDENT said he thought Mr. Hooper was under some misapprehension with respect to members receiving part of their emoluments from the Sanitary Department.
Mr. HOOPER- Probably we shall have an enlargement of the Beard and I can conceive an occasion when, in discussing the estimates it might be necessary to move a reduction of salary affecting one of the members. It is rather remote perhaps, but such a thing might occ ur. In the circumstances, as no standing orders are required in the Legislative Council, I don't see why they should be required here, and I move that the letter lie on the table
Mr. HUMPHREYS seconded.
Hon. Mr. HEWETT remarked that as he had seconded the original proposal, he would like to remind Mr. Hooper that in pointing to the mother of parliaments he bad been unfortunate in his selection, as the unwritten rules there were rules which were never broken. He agreed that regard that as putting any slight upon any rules should be laid down here, and did no
member, official or unofficial. it Was par missible for a member to speak, but not to vote on any question in which he was pecuniarily interested. Similarly, he thought that Mr. Hooper was unfortunate in his simile when he spoke about the estimates, as if that rule were applied in the House of Commons when the estimates were under discussion, there would scarcely be a single member who could take part, because interested as ratepayers and taxpayers, and a members were
good many younger sons who were waiting for their fathers in the Upper House to pass away, were called upon to vote upon the succession duties. In conclusion he said he saw objection to such a rule, which would not pat s slight upon any member.
A reply was read from the Government relative to the provision of open spaces for houses Nos. 191 to 231 Station Street North, Mongkokisui. The letter stated that the Government were not prepared to entertain the Board's recommendation that no action be taken to enforce the provisions of section 175 pending the consideration of the report of I am, therefore, to suggest for the considera. the Public Health and Building Ordinancetion of the Board that an additional rule be made Commission, for the reason that the apper to the effect indicated above, with the addition floors of the houses in question were so ill- that when any member is so interested he should lighted and il ventilated by reason of the mention the fact and withdraw or abstain from absence of any windows in the rear walls of voting settlement. The suggested rule would the upper rooms as to make them insanitary when also provide for the Chairman in all cases of occupied, as the majority of houses we e as doubt by the Board on the matter, after the family dwellings witi? the concomitant arrange. withdrawal of the member concerned. Should ment of cubicles. Of the 22 houses in the block
any point of law arise in connection with this 20 were occupied and these contained 51 illegal matter, either now or hereafter the Colonial oubicles. It the suggestion contained in the Secret ry would, on being addressed by the Colonial Storetary's letter of May 8th was Board, obtain the advice of the law officers of adopted, a great improvement in the lighting the Crown for guidance. and ventilation, of the floors would be effected, which would justify the allowance of a larger number of cubicles than it is at present possible a guide for us, any rule, if any, in the Stand-afternoon, because he was practical y interested
bas
Mr. A. SHELTON-HOOPER minuted-Will you please obtain and annex to these papers as
cases where a
to permit. The Government requested that the ing Orders of the Legislative Council govern. Board would reconsider the m tter by the lighting the question of voting in of the above facts.
member may have a pecuniary interest ?
Hon. Mr. E. A. HEWETT-I understand that the procedure in the Executive Council is for a member to withdraw before the discussion on a subject in which be is pecuniarily
Mr. HUMPHREYS-This application already been before the Board on three different occasions, each time the Board were of opinion that the exemption should be granted, and it seems to me if the Board go back on what they have decided on three separate occasions, they are stutifying them. salves. If we as a Board are to do anything that the Colonial Secretary tells us to do. then по are practically puppets and I for one am not prepared to accept that position. is true the Colonial Becre- tary may ha❤sufficient influence with the Governor-in-Council to grant or refuse exemptions but on the other hand he cannot compel this Board to take action in matter that it is not prepared to take.
•
4AF
If
interested.
The PRESIDENT - I understand there is no rule, but the English practice is followed. I will make enquiries. It is so stated in the Executive Council.
The PRESIDENT, I understand there is no rule dealing with this matter in the Legislative Council whers the English practice is followed. I think it is evident that in public bodies some such rule is necessary. I propose that the matter be referred to the Law Officer of the Crown to incorporate it in the standing | orders.
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most of
the
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Mr. HUMPHREYS said that supposing this rule were pass-d he might be debarred from speaking on such a topic as he spoke on that
in everything in the Colony.
Hon. Mr. Hewarr-It is a question of voting. It is not a question of speaking.
The PAISIDENT-I think the Crown Solicitor will be able to draft a rule' which will not offend any member.
On a vote being taken three were for the amendment and four against, the resolution being afterwards carried.`
CONVENT CHILDREN.
A minute was receive I from the REGISTRAR- GENERAL relative to the number of infante received into the French and Italian convents.
It stated: I send herewith for the informa. tion of members of the Sanitary Board a record of the number of infants received at the French and Italian Convents during the last 20 years. In both convents the number received fell of very considerably after 1891, but whilst at the Italian Convent the numbers have rüen
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