March 7, 1908.)
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CHINA OVERLAND TRADE KEPORT.
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8 permanent chairman these articles, European staff, and that he should lay before be altered at any time by a meeting them any complaint of the public regarding the of shareholders The company administers staff. I have spoon of the financial responsiblity entirely its own fands. As an executive head of the head of the department and since I am of the department he is senior officer to many endeavouring to lay before you a faithful exposć other officers also in Government employment of the action of the Government in connection who are also appointed and dis harged by with the report of the Commission, I would Government. It sems to ma he must be like refer also to their suggestions on the subject. every other head of a department, amenable to The Commissioners suggested that the Sanitary the Government. The recommendations of the Board shou'd have unrestricted power to spend Commission on this point were signed by the the entire sum voted for the sanitation of the whole of the members but I think I am currect colony. The sum voted for sanitation, gentle. in saying that more than one agrees more or men, is ·ivided under varioos votos which ara less with the vi-ws which I have stated. The authoria-d and allocated by this Council. If working head of the d-partment must in my the Sanitary Board is to dial with the sum as a opinio be given full powers of discipline and lump sum then the power of this council is taken control of the day to day routine of the depart away and conferred upon the Sanitary Board. A mnt, more especially as the Sanitary Board large portion of these votes are concerned with itself only meets once every fortuigh, Th the personal emoluments of officials. These are Commissioners say that Ordinance 23, the arranged under agreements and the appoint- first amending Ordinance of 1963, when passed meats made by the Crown, and it is not legally by this Council, was not fully und rstond.
possible for any corporate body to alter these The memorandum of the Hon Colonial Sere. salaria Th Comission also suggested that tary which was laid on the table of this Cancil they should bars the power of appointing and goes to show that the matter was very fally discharging offers, bat it is quite impossible debated and gentl-men, it seems to me that for any corporate body to dismiss ofcars the complaint of the Commission is a mewhat
appointed under the Crown whose rights arə chimerical and groundless when you recollect safeguarded to them through the representative that by their own showi:g in their evidence of the Crown with an allima'e right of they were unaware for some three or four years appeal to the Secretary of State. Neither do I that they had en deprived of the power which think it wou'd be to the benefit of the depart- they thought was essential to their existence, mentt brunasa mparate cono iru from the rest It was not until they began to take evid, nee; of the civil servica. You wou'd not get the that they found out that they had los the power. However in any Case it is in tresting to recall the history of the amsud- ing Ordin uca 23 of 1963. The original draft of the bili ([ man thy principi Ordinane ) providel for a head for the Sani ary Bard bcause
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sim class of mol, you would not get continuity, which I consider to ba neces- sary to efficiency and sucess as it is based en accumulative experienc At the present tima gentlemen, I think that in this part of the British Empire w prefer to be governed by train d civil serrauts with an executive council, and with a legislative c mucil representing the community by its mes distinguished m-mbers, and not by a majority of the Sanitary Board. I разз now to another of La principil questions dealt with in this bill The Commissioners complained that there had ben great delay in the passing of plas and in other mitter connected with the Building Authority. They propose solution of this that the Sanitary Board a'ould control its own staff of engineers. This must necessarily in an duplication and of curss additional cost and I think that Hon. Members will agree with me that at the present time our efforts shou'd be directed towards reducing just ad of increasing the expenditure, espacially now that the initial work in oon. mction with sanitation has been surmongtød. Tun mmorandum prepared by the Hoo.
report of the committee, and with some of their proposals, I do not not find myself in agree- ment I speak only of some of their proposals nor do I think that they represent the wish of the entire community. Of these I will spe-k presently. The bill before you, like the report of the commission itself, deals with a vast amount of detail, into which I do not propose to enter. I will confine myself in my observations to the larger principles. Attach-d to the bill is a statement of the objects and rea- song of each clause and we shall be able to сод:ider these io committee when Яе discuss the bill clause by clause. There is no clause in the bill referring to orruption or bribery, which involves executive action, but no alteration of the law, and in no direction did the committee do better service than they did in ex- posing certain malpractices. You will recollect that the government took immediate and effec tive action in regard to the disclosures made. I think myself the best way to prevent such mal- practices would be the appointment of a working head of the department who will be able to keep the subordinates under his immediate discipline and control. That brings me to the question of | the administrative head of the epartment and the Presidency of the Sanitary Department. No chang is intended, or is contained in the present Bill now before us or in the general principle which was embodied in section 3 of Ordinance 23 of 1903. Experience has proved and the Commission very forcibly pointed out that it is not advisable for the Principal Medical Officer to combine the duties of administrative head of the department with the many arduous and responsible duties he has as Principal Medical Officer, nor do I think myself that it is sound in principle that the expert of the Board, whos views may be set aside ou the inances or policy, should hituself be Chadwick, the experts sent out from England, president of the Board. The Principal said that Hongkong wis peculiar in having Civil Medical Officer egrees with this no individual responsible to the Governar or view but if he is to effe-tually be relieved of | Government for the administration of the sani his duties as administrative head of the depart-tary law of the colory. The section, therefore, ment and president of the Board and resume his proper position as independent adviser to the-Government he should, I think, no longer be a member of the Board at all nor do I think he, having been president, should be relegated to any less responsible position. I see myself no reason why the Medical Officer of Health should not have a seat on the Board. It has been urged that he is a servant of the Board respors ble for carrying out the decisious of the Board, but the President is no less a servant of the Board to carry out its decisions so it seems to
Those however who vior this question me to be no anomaly that he who carries out the from an atmosphere --s heated by heal decisions of a corporate body should be a member controversy and who bring to the aid of their of that body. It seems to me an anomaly that be judgment the experiene, they have gained in Director of Public Works and laid on the table should not be so. The fact that bo has a rote other countries and regions e›me to the n- of the Council dealt with the argumente is likely to enhance bis sense of responsibility.
clusion that in order to maintain the advanced by the Commission in clear and His opinions are made public and recorded in efficiency and prac ical use of the depart. ropeiss farin«. I pinted out the over- the proceedings of the Board. The Sanitary
ment น working head is Broussary. The apping which must ceur and the dif Board weigh this expert opinion against Secretary of State, and his officers, Mosers.
culty of discrim'nating between the offials of the question of finance and policy and Chadwick and Osborne with their experience
the Public Works Dapartm at and of the the majority decide what shall be the issue, and I may ad myself with the exp roncs engia-ering staff of the Sauit ry Board. I The Bill before you substitutes the Medical which I have had of administration,
ned ut rep at all these arguments wbiol Officer of Health for the Capt. Superintendent | fully convinced that to work sucesssfully and tu
appear to mi as they dil to my pred-cessor to of Police. I am well aware that this point is maintain discipline-which the Commissioners be aviacing. arougnise however the justion arguable and has been argued before and I do said was lamentab'y d-fici-at-tha' there shoulli of the complaint of the Commissioners and not feel disposed to insist upon it if the views b a working head who shall dey to his wande
agree that the best way to remedy this is that of the majority are obviously against it. The time and shal by vestel with alquate pawers there should be no division of control and that Government propose that the naz head of the | and reep nalility nnl whee career shall
the building authority should be under one department to take the place of the Principal | depend upon the «fficiency of the department aud
departm-n'. I think that department should Medical Officer should be a cadit fficer with
te the Pubie Wk and that the Director of experience of the Chinese, in the Ch'u-se to the Government. I shall be ri*s{ F¥
Pulo Warka shuld ba responsible for language, and of proved administrative espacity. | for the proper spending of the rates of the the du is under the Orliastov which come In this view I believe the Commissioners Sanitary D partmut un ler the couted of the
nud·r { } A Building Authority. The Bill agree. It would however, g ntlemer, be idle Treasury aud of the Aulit departmen. The provids for this and will ba neces- for me to burke the real issua which the appointment however, if that new heal of
sscy to transfer such effflours as are concerned Commission raised—whether the administrative department which is provided for in this Bl under the Builling Authority from the Sani- head of the department should be responsible to does not in any way diminish the very large tary D) par m-ut to the Public Works Depart- the Sanitary Board or to the Goverum at. povers which the Ordinanes enfers upon the
to a' la a ure, in order to expedite busines, hase given very or ful consideration to this Sanitary Board. I Proposa that the head
plans will not have to be signed by the Medion! point, and I cannot see how an officer who is ot the department shall before the 31st
Offer of Health and the Director of Pablic appointed by the Crown and paid by the Crown March of each year lay the stimitet b..
Works will wherever possible dispose with (fficer who holds his position by the fore the Sanitary Board for discussion
plans altogether. Finano'ally this will effoot a pleasure of the Crown and whose career is bound together with any proposals which he may considerable saving. The scheme was really up in the efficiency of the d-partment, and who have t› make regarding works of can only b censured or removed by the covera sinitary niture included ia the ment he serves, can be responsible to any other | fr public works Extraordinary. I prop su body but the Government, It is not aualagons | that be shall cons It the Sanitary Board on all to quote the case of a company, whose chairman changes giving effect to sanitary by laws, that is a a-rrant of the directors. A chairman of a Le shall inform the Board of any chang in the company can be removed or deposed at organisation of the staff, that he shall inform any Lime Ly the directors. If be has them regarding any recommendations for been appointed under the artioles of association appointment or lear-
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appointing au administrative head was deleted Rad the Principal Medical Officer was made chairman of the Board bu' without any powers. The Secretary of State, in conveying the ap. proval of His Majesty to the Ordinance, pointed out in very forc.b'e terms the practical diffi •ulties which must ensue from baring st aside this recommendation of the special commissioners | and therefore Ordinance 23 was introdue-d with I believe the primary intent on of creating an administratives hond of thed par
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part of what the Commission recommended, Tan legitimate schem I do not think myself is compatible with the o suditions of this colony. The chief oogineer of the Sanitary Board would have to be 3 A <ffer of equal standing with the Director of Public Works because the Sanitary Board themselves have not the technical knowledge to control • man of lesser standing and experience. That of course
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