86
Mr. A. SHELTON HOOPER minuted :—I still maintain that it is ontside the province of the Board to make even such a standing order as is now suggested by the Hon. the Colonial Secretary. To depriro a member of a vots is not a matter of procedure and on this point the Board asked for the opinion of the Attorosy General as to its legality. Where is the opinion? If the proposed standing orders were passed I think it would be a very invidious thing for a member to be cross-examined as to whether he were beneficially interested in any matter before the other members. I should have no objection to state how far I was interested in any question to His Excellency the Governor who should decide whether that interest wis beneficial or otherwise. If such a standing order is not necessary in the Legislative Council it is certainly not necessary for the Sanitary Board and I think it should be left to the honour of each member.
Mr. LAU CHU PAK-The opinion asked fr has not been given.
The PRESIDENT-I presume the Government have obtained the opinion of the Attorney. General. Otherwise they would not have replied to our letter in the way that they have. The President then moved that the amendments suggested be approved.
Mr. LAU CHU PAK thought the unofficial members of the Board could be trusted to act without impropriety. They were there to look after the interests of the community, and he thought its welfare was safe ia their hands. To give an instance of how the suggested byelaws would operate. They had just been discussing Chiness cemetery by-laws, in which he Was as much interested as any other Chinaman in the Colony, as when he died some of his people would have to pay the burial fee of $20 (Laughter). They might say he was beneficially interested in it, and he should be excluded from voting. Yet the standing orders would have that effect. He certainly opposed the adoption of the standing orders proposed. If they were adoptod he did not think there would be any necessity to retain the services of
the unofficial members.
Mr. HOOPER-Nothing has been proposed yet. Perhaps nobody intends to propose anything?
The PRESIDENT-I thought members would like to discuss this question before putting it to the Board. If they don't I move that the suggested standing orders be adopted.
Hon. Mr. CHATHAM - I second that. I think the interpretation which Mr. Lau Chu Pak tries to put on these standing orders is rather strained. They are intended to apply where members are directly interested in the question that comes before the Board. In matters
affecting property these bye-laws would be intended to apply.
Mr. LAU CHU PAK-The order must have a very broad meaning.
Mr. HOFER-I would first refer to the minutes of our last meeting, and to the resolution carried unanimously that consideration of these two standing orders be postponed until the next meeting of the Board, and in the meantime the opinion of the Attorney-General be obtained as to their legality. Now, Sir, I stated at the last meeting that I had beon legally advised that each of those standing orders was ultra vires, and that statement is unrefated to-day although they were sent to the Government, who were asked tɔ obtaia the opinion of the Attorney-General as to their legality or otherwise. Therefore I take it that as the opinion I expressed has not been refuted, they are illegal. If they are illegal, the matter ends at once.
But whether they are passed or not I would like to state, and to reiterate particularly what I stated at the last meeting, that in principle I am entirely with you. that is to say, I think it would be a very dishonest act for any member of this Board, whether official or unofficial, to as the Board to benefit his own ends. It would be an improper act, and I don't think for one moment that you as President, Sir, would think any member of the present Board, cunsti- tuted as it is, capable of so doing. I asked you at the last meeting whether in your experience as President of the Board-and it has been so constituted for the last 20 years-
†
(August 10, 1807.
FORETHOUGHT, An application was 'submitted by Wong Kam Cheong for permission to erect a wa'er tank in the yard of his house in Wing On Street in which to store the water for daily use so as to be prepared against any accident to the water pipes. Refused.
PLAGUE RETURNS,
The returns relative to the deaths annually from plague in Hongkong and Masso since 1894-5′′ were laid on the table. The appended table will afford an interesting comparison :
Year
Macao
Hongkong
36
1.95
1163
1896
115
1078
1897
155
19
1893
937
1175
1899
115
1434
1900
768
1022 ·
1901
499
1562
1902
651
559
1903
27
1249
1904
57
493
1905
175
287
1906
842
1907
198 1040)
Mr. H. HUMPHREYS minuted :-If there fizures prove anything at all they prove that there is something in the-Chinese contention that plague is due to atmospheric conditions primarily and that dirt merely assista its growth.
THE HONGKONG WEEKLY PRESS AND
if you could tell me any one case in which there had been such sa abuse. By your silenos I took it that you could not. Then what is the necessity for such a law? There must be 80m9 reason for it! It is a very extra- ordinary thing that where the Govern. ment by enactment. have constituted the Board and given that Board power to make what standing orders they pleased for their me tings, that after some years these orders emanate from them (the Government). They have no authority over the Board more than is contained in th's Ordinance, and there they have actually limited us as to what we can make standing orders for. To give you an instance: In the principal Ordinance, 1 of 1903, we had power to make standing orders for procedure at our meeting, and to regulate our officers. A few months later the Government took
the latter away
and left us with the power former. I have been advised and give you a quotation from Mr. Justion Lush to sbow that procedure denotes mode of proceeding by which legal rights is en. forced, as distinguished from the law which gives or defines that right. Therefore I maintain that we have not got that right. As to whether it would be nececary for us to make such standing orders, if we possessed it, I go so far as to say it would not. Probably I should be met with what the law is at home under the Housing of Working Classes Act of 1890. In one case it says that if a member has beneficial interest and votes, he is liable to a penalty of £50. If this Board was constituted as the Urban Sinitary Authorities at home, I think that wou'd be a very proper proceeding, and if the Government will only o nstitute the Board that way and allow the ratepayers to elect the whole of the members, then they will have some reason for introducing such orders. The Board is now composed of tan members, four of whom are Government Officials and four of whom are nominated by the Governor, and I am cure in making his choics he would, not put any member on the Board capable of 8 dishonourable action. Only two members are elected by the rat-payera and hop in your estimation, Mr. President, they stand as well as their colleagues. Going on to the standing orders, if they are passed, and a question comes up before the Board and I proceed to vote, I take it that if you had
about it you would say are you beneficially interested? I am going to give you an instance to show the difficulty in which you might be placed. You ask-Are you beneficially interested? I Then you ask-Are you say-1 don't think so. a shareholder? I reply-What do you mean by a shareholder? You say-A registered shareholder. I know many cases where registered shareholders have sold their shares treaty years ago and are still on the register, but have no beneficial interest. On the other hand there are men holding thousands of shares whose names are not on the
register. It is uutenable position and under the circumstances I say we are far better without these standing orders. They are not necessary for the good or well being of the administration which is at present imposed on the Board under the Public Health Ordinance.
any
doubt
DOW
Hon. Mr. HAWETT-I move an amend ment that before the question pat to the vote the resolution agreed to by a majority of the Board at the last mesting be soted upon, and that the Attorney General's opinion be laid before the Board before a conclusion is come to. That has been ignored by the Government, and I maintain the Govern ment had no right to ignore it. The suggestion for a modification of the standing orders was brought forward, I think, by the Officer Administering the Government, the Colonial Secretary, and this is an attempt to force au alteration of the standing orders upon the Bard without proper consideration. I make the statement with perfect deliberation- I gather. Sir, from what has been said con. cerning the legal opinion, that it has not been forthcoming. In spite of this the Boart are asked to pass a resolution; which is altogether wrong Before coming to a flasi decision, or before discussing the question, we must have the legal opinion before us.
Mr. FUNG WA-CHUN seconded the amend ment, which on being put was carried,
GARDEN PARTY AT MOUNTAIN
LODGE.
Blue skies and brilliant sunshine, the heat tempered by cool breezes, made the lawns of Mountain Lodge a very pleasant rendezvous on August 7th. Apparently Sir Frederick and Lady Lugard's guests were entirely of this opinion, for the gay orowd that had wonded its way up the steep slope on foot and in chairs, from 4 o'òlook until six, seemed in no hurry to take its departure, but lingered chatting in groups and over the tes tables in a very pleasant and informal fashion,
At the foot of the slope leading to the smaller lawn the Governor and Lady Logard, with Captain Taylor and Miss Brackenbury in attendance, received their guests, Lady Lugard wearing a gown of white silk, embroidered with gold, and a large picture hat trimmed with white ostrich feathers, while His Excellency was attired in grey frock coat and hat.
The presentation of the visitors was made by the A.D.C., Captain Taylor, and the ceremony of introduction being over, the guests passed on to the lawns. Here a brilliant scene was presented. The lightresses of the ladies—and white was the prevailing colour-máde bright spots against the background of velvat lawns and rugged hillside, while an occasional uniform, gorgeous with gold lace and many orders, caught the sunlight. "Tea tables, dotted about the grounds, were well patronised, while scarlet gipay tents had been erec'ed that the mere man might fin refreshment after the hot climb, for alas! the supply of obairs at the Peak Tramway Station was speedily exhausted and most of the members of the sterner sex had to walk the steep road to Mountain Lodge. During the after- noon the Band of the 3rd Middlesex Regiment played selections and the breese caught the sounds carrying them away over the hills.
Was it beostas of
The grounds of Mountain Lodge lend them. selves peculiarly to picturesque effects, and certainly yesterday afternoon's function proved no exception to this rule. the charming welcome of Lady Lugard, or was it the contrast with last week's inclement weather that the grass seemed greener and the sea and sky more blue than usual? any rate an air of unwonted informality and so- ciability distinguished yesterday's proceedings.
At
About six o'clock the incoming stream ceased and the Governor and Lady Lugard were able to mingle with their guests until the long- thening of the shadows told that the sun wi declining, an the stream of chairs and pede- strians passed down the hill and through the gates. The lawns were once more deserted except for the jackdaw who returned to his haunt, whence he had been driven in alarm at the first sign of such unusual happenings. – Contributed.
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