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THE HONGKONG WEEKLY PRESS AND
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[May 2, 1.908, machinery provided for taking the matter were not representative of the public. Where I time has been given to us and the architects to before the independent judgment of the Д few persons recommend certain improvements study the new amendments introduced by the Supreme Court and the probable result is that to the Public Health and Buildings Ordinance Government the person who wants the work carried ont gives we should accept these recommendations if way or possibly the Building Authority may they are likely to effect improvements whether consent to adopt the construction of the other the individuals be representative of the public or person and grant a modification only on certain not. Now, Sir, as regards the principles of terms and conditions. Therefore I think, Sir, this Bill. The most important I think is the it would be considered that this Bill is not very alt-ration in the constitution of the Sanitary acceptable in the absence of a proviso giving a Board, the creation of a cadet president an ad right of appeal to the Supreme Court upon ministrative head of the Sanitary Department questions of construction and I think, Sir, that and the president of the Board, and having the machinery should be by way of an originat-regard to the present constitution of the Board ing summons which is the machinery by which I must acknowledge that i am in favour of the trustees under wills who are in doubt as to con- Government's proposal. I see no escape from it struction would apply to the Supreme Court for the present. Some years later, when we can and obtain a decision as to the proper procedure have something like a representative munici- to follow. I will, Sir, with your permission pal cuncil, a council composed of members read a proviso which I would suggest might be elected by ratepayers irrespective of nationality, included in the Bill. I do not say that it is with proportionate representation, then I say will perfect. The draft only came to hand yesterday be the time to have such an assembly. At pressut and I have not had much time in which to the majority of ratepayers are inadequately and wretchedly represented upon the Bord. Better the present arrangement than a quasi-munidi- pality. While upen this subject I would like to allude to something in the speech of my unofficial colleague on my right. He seemed to think that it was the shipping and commerce that made the trade of the port prosper. But be makes a mistake. What is it that attracts shipping? It is the cheap labour, the presence of a large number of industrial fragal Chinese. There is the danger of overlegislation in sanitary matters driving away this useful popu- lation and then the shipping, the commerce, the manufactures and the industries of the Colony would starve for want of labour. As regards section 175, upon which the Sanitary Commission had largely reported, I think it would be useful if the Government would make some statement of its intention.
consider it, but the following indicates the point I desire to make:
"In the event of any difference of opinion arising between the Building Authority or the head of the Savitary Department or the Board and any person as to the meaning of any provision of this Ordinance, it shall be lawful for the Building Authority or for such Head or the Board or sach person to take out an Originating Summons in the name of or against the Attorney General as the case may be for the purpose of having the meaning of such provision determined by the Supreme Court. The provisions of the Hongkong Code of Civil Procedure as to Originating Summons:s shall extend, so far as the same are applicable and with such modifications as circumstances may require, to any Originating Summons which is issued under this section and proceedings under this section shall be deemed to be civil pro. ceedings brought by or against the Crown as the case may be,"
It will be seen by the proposed clause that it should not merely lie within the power of the person who feels aggrieved by the decision of the Building Authority or other officer but that it should also lie within the competence of the Building Authority either by himself or other officer to appeal to the Supreme Court for an interpretation of the particular provision in question. By that means we shall have in course of time authoritative decisions of te Supreme Court which will act as a very valuable record instead of as at present a number of different opinions in disputes which as every body knows who has experience in these matters must acknowledge are constantly taking place in the present administration of the Ordinance.
The Hen. Dr. Ho KAI-Sir, It is not my intention to speak at length on the second reading of this Bill. I take it that we are agreed upon the main principle that the Public Health and Building Ordinances of the past
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The COLONIAL SECRETARY-There is only one point I want to refer to in the very able and interesting speech of the Hon. Mr. Osborne, and the greatest compliment I might pay to him is to say that the Hon. Member on my left who bas sat for many years in the House of Commons remarked to me in the course of it-They would listen to this speaker in the house of commons.'
Sir, the House of Commona is an assembly to which in some future day I hope to introduce myself (Laughter). 1 have listened with much plessure to the Hon. M-mber's speech and I certainly hope I shall have the pleasure of listening to him in that august assembly if ever I join itmyself. Que remark he made which didnot fill me with pleasure; it filled me with a great deal of sorrow. It was his remark that enter- prises were strangled in Hongkong by vexatious conditions imposed by the Government. I suppose, Sir, he refers to the sale of Crown lands for the purposes of large and small enter- prises. Now, Sir, I would like briefly to describe bow the Government arrives at the upset price. It does not do 80 by rule of thumb It takes the recorded sales public and private in the vicinity of each lot and works out the fair average price, a price generally below the average of what has been paid at public. or private sales. My experience is that the upset price is cenerally over-bid. Honourable members may remember when a certain lot at T'aim-tsa-ti was offered at eighty cent per foot and sold at $1 per foot. It is only when large lots are put up for large enterprises that unfortunately no bidding ensu. s. I think the
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hat struck m as a very cu ious proposition. I wondered what the existing companies would say if we were to give land away. If honourable m-mbers can give the Government any assist-
would be obliged to them. Government wants to promote industrial enter- prises and if we are unwittingly hitting anyon bard we should know it in order that we may correct our metods in the future.
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overnment would have had complaints from The Ordinanc has been administered for the from such large firms as Messrs Butterfield and past five years and there are very few houses 1-ft Swire au-lhe Standard Oil Company if they which would be subject to the operation of this considered that they were unfairly dealt section. Out of perhaps a thousand houses one with. I have had complaints from other hundred remain to be brought within the companies in the Colony that we were operation of the section, and it is not worth selling land tɔ their rivals to cheaply.. while wrangling about. It would be well I know, ir, that is the sort of eri icism made to herefore if the Government would make the Government. The other day I was sp aking a pronouncement On the subject, and at a genil man who criticised the Government the Rame time
indicate their intention and when I asked what we should do be sug. with regard to the half lobby half kitc en gested that the Government should give land scheme which has been in operation already free for enterpris s of an industrial nature. with good results. If such a statement wera made by the Government it would disarm much opposition to the new Ordinance, and to this particular section. Another thing of importance was the transfer from the Senitary Board of certain fu ctions to the Building Authority. Now this no doubt will facilitate matters which I am sure everyone from the architects and owners of propetry downwards desire, but at the same time there is some desire to have an appeal from the Building Authority to the Sanitary Board, so that firstly there may be a check on the Building Authority, whoever he are in need of amendment and that this Bill is
may be, and secondly, allow the Sanitary Board introduced to effect such amendment. I shall not to have some say in the matter in the first therefore follow my unofficial colleague on my
instance as they used to have. When we right in his oratorical flight nor would I follow come to that part of the the Ordinance I bop- him in the administration of praise and blame the Government will permit me to introduce all round and in turn. One thing I will say. some provison to that effect. In connection I should say that his stricture upon the
with the constitution of the Board I Sanitary Commis-ion and their report. is some. omitted to mention that there was what undeserved. As the gentlemen who con- strong opposition to the Medical Officer of stituted that Commission are still, with one Health being a member of the Board. I under. exception, in the Colony and will have 21
stand that so far as Your Excellency is opportunity of defending themselves, I will concerned, if we are unanimously pposed to this leave that matter to them. There are ho rever
inclusion the malter will be reconsidered one or two things I wish to note. I here is an
and the Government will hot press this point. impression abroad that one of the recom-
The new Ordinances contain a number of mendations of the Sanitary Commission have principles of a technical character. I must not been adopted by the Government on ac.ount take this opportunity of thanking Your of that allegation that they had exceeded t eir Excellency for having held two lengthy con- powers and bad gone beyond the scope of the ferences with three leading architects in this inquiry. Now if that allegation is true it Colony representing European and Chinese represents an attitude which is very unfair, landowners. The kindness and courtesy because it seems to me that any recommendations shown by Your Excellency have been duly made by the Commi-sion should be considered appreciated and will no doubt curtail much of on its merits and not rejected because the the time of this council in considering Commission exceeded its powers. 'The same
his Bill in committee. The amendments drawn argument would apply to the allegation that up by the Government to meet our views were the members of the commission are not repre- not printed till late yesterday and there has sentative of the community. Again we can only not been time for us to study the various confias ourselves to determining whether their amendments proposed by the Government and recommendations are good or not, We should I take it that even if we pass the second reading not think any the less of the recommendations of the bill to-day the Government will not because they were made by a body of men who' proceed with the committee stage until certain
Ilis EXCELLENCY THE GOVERNOR-Before deal ng with the various prints raised in the ex- ceedingly interesting debit to which we have just listened I would like to say oue or two things in refere.ct the remarks which I made when intro-luing this B 11. It has been remarked that when I said that the constitution of the Commission was not entirely representative that I had been somewhat lacking in courtesy. It was so foreign to my thoughts to be in any way discourteous to the gentlemen who for so aloug contributed so much of their private time to the public interest on that Commission that I would wish most emphatically to disclaim any intention on y part whatever to have been guilty in the remotest degree of
any
discourtesy to them. How far the five unofficial members of the Sanitary Board could be representa- tive of the community or how far any five gentlemen in this community may be entirely representative where there are such a variety of interests involved is a matter of opinion. But it is a matter of history that my predeces- sor appointed those gentlemen originally as a Committee of the Sanitary Board which was afterwards extended to a Commission and the reasons why he did so are well-known. It suffides for me to say that in alluding to that subject I intended no discourtesy and no deprecition of the labours and work these gentle- men have done. In the second place seen, it noted that I was in error in saying that the members of the Commission had not access to the confidential documents which passed between the Secretary of St:t and the Governor, Throughout the report of
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