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CORRESPONDENCE.
"THE HONGKONG WEEKLY PRESS AND
PUBLIC HEALTH AND BUILDINGS ORDINANCE AMENDMENT.
41
[TO_THE_EDITOR OF THE 'DAILY PRESS,"]
Hongkong, May 28rd. Em-I have just received the i closed letter from Kobe. I have been requested to forward it to you for insertion.
I would like to point out that the criticisms contained therein apply to the Bill as it appeared in its second stage, that is to say in its form when privately oiron'ated to members of Council and others for consideration, after the interview of the Architects with H., the Governor.-I am yours truly.
H, W. BIRD.
SIE,-As is well known His Excellency the Governor invited us with Mr. Denison to con- sult with the Government upon the various swendments suggested in onr reports to the property owners upon the Public Health and Building Ordinance 1908. After two long interviews several of our recommendations were agreed to in principle.
When we saw the amendments printed and readthe speech of the Hon. Director of Public Works in proposing the 2nd reading of the bill we found that, while some of our suggestions bad been adopted, the wording of other amend- ments was such as to alter their meaning from that which we understood had been agreed to. In addition other fresh clauses have been in serted which we had no opportunity of com. menting upon. Some of these are of vital importance and we think it advisable to take this means of drawing attention to them.
Definition 26. "External Air." This stands in the printed amendmente as originally drafted, but the Hon Director of Public Works in his speech moving the second reading of the bill states "It is proposed to withdraw the new definition because it would operate rather harshly upon parties who wish to erect a building of moderate height, who happen to have opposite to this proposed building another of much greater height belonging to some neighbouring owner."
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The reason given is not correct. In "objects and ressons attached to the bill, it is clearly Indicated that the proposed amendment is introduced for improving the condition of swisting buildings.
the
All new buildings irrespective of height have to be provided with an open space equal to one third of the roofed area of the building and the kitchen cannot extend across more than one half of the width of the building ; in addition to the above open space at least another 3 feet has to be provided towards forming a scavenging lane, therefore it is not possible under these conditions to erect a new building, whatever its height, without providing sufficient open space in the rear to constitute "external air; question cannot arise with regard to the front as no new lane can be less than 15 ft, in width, therefore the owner of a building of moderate height would in no way be affected by his neighbour's building, however high it might be. At one interview with His Excellency there was considerable discussion on this definition. All the architects agreed it was an improvement on the old one and we understood His Excellency concurred, saying that it seemed to him impos. sible to frame one that would meet all cases,
A few days later we were asked to meet the Hon. D rector of Public orks, when he said be was not sati-fed with the definition and submitted another, We however unanimously declined to approve this, which we said would prove to be a "hard-hip upon the owner of the bigh building and, if an exemption could not be obtained with regard to the low one, there would be less difficulty in adapting the latter to the law.
Lec. 92. It is now proposed to delete the word "hereafter" making the section retrospec tive; this will necessitate the removal of all existing comits of staircases and further harass the Chinese property owners, who were gratulating themselves that the end of these small worries had been reached,
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[Mxy+25,1909.
Aleo. 41, Beo, 151 (1). The wording of this ↑ at present without consulting mortgage, who was agreed as far as the word “Storey on line is then in the position to protect his own in- 7; the remainder has since been added.
If a storey in lighted as provided by the section it must be “adequately lit" and we SEO no reason for giving the Bailding Authority power to require windows to be placed in positions where the owner does not require them.
Sec. 15 (3). The words "without reduction in Crown Bent" have been del, ted as promised, but the words 'and snob land shall upon the payment of such compensation revert to the Crown and be deemed to have been resumed are now deleted from the original sec ion the result being that the owner cannot build on
and which he bought for that purpose and has to continue paying Crown Rent as if it were building land, on the higher sole.
teresta.
269. The power of the Building Authority is to be very largely extended, practically the only appeal from his decision is to the Governor in Council and as the Building Authority as Director of Public Works has a seat on the Council, he will be in a position to vive undus wight to his opinion, when the final decision (from which there is no appeal) is being arrived
st.
We have known cases where delay and negli- gence on the part of the Building Authority has caused serious loss to individuals; we have also known the Government use the powers invested in the Building Authority to try to impose terms on an owner with reference to another matter outside the Building Ordinance.
The inconsistency of the proposed position is shown by referring to Section 43, under which in certain cases Government will have the power to demolish the upper floors of every third house. The work of doing so will be carried out under the Building Aut¬ority; in carry- ing out this wor、 it is quite possible the adjoining houses may collapse or otherwise be Seo, 42. Sec. 153. There was a good deal of injured and although the Building Authority discussion on this amendment. The Hon.
may be to blame, the owners will have no remedy Colonial Secretary made a point that amendat law against him, the cost of rebuilding these ments 42, 43 and 44 carried out the recom- premises will be included in the cost of the mendations of the Cubicle Committee which improvement scheme and they themselves will reported in Aug. 1907, but Dr. Ho Kai who have to pay it, in the form of the improvement was present corrected him, and said that as
rata extending over a number of years, a member of the Committee he could assure him that the Committee did not intend their recommendations to be construed in this way. 42. (2.) The proposed amendment does not fulfil the promise made, the meaning remains the same. Our objection was to the Building Authority having power to plan the arrangement of a storey; we would suggest that all the worid after the" in line 9 be deleted and insert in place thereof "provision to each proposed sub- division of every storey of a window or skylights herein before required." This leaves him all necessary power require adequate lighting, while leaving the owner discretion as to plan. The Hon. Director of Public Works in his speech states "in connection with that clause it is proposed to introduce an amendment with regard to houses on the reclamation, but it will be limited to houses not exceeding 100 feet in depth." There is no such amendment on the print for second reading and it seems to us to be just as much an infringement of the Praya Reclamation agreement as interfering with a house 50 feet deep.
As such osses have happened before there is no reason why they should not happen again and if the only remedy is an appeal to the Governor- in Council, we have grave doubts as its proving satisfactory.
In cases of wrongdoing on the part of a Government official, there is no just reason for taking from the injured party his remedy at law.
As regards disputes (which most arise) in construing the reading of the Ordinance. we think Mr. Pollock's proposal of a simple method of taking the decision of the Supreme Court is the only one which will give general satisfac- tion.-Yours, &0.,
63
ARTHUR H. OUGH ARTHUR TURNER.
of Japan,"
R.M.S.S. Empress 13th May 1908.
43. Owners should be given the option of doing the work of demolishing the upper floors of every third house themselves; if done by Government it will wost a great deal more and PUBLIC HEALTH AND BUILDINGS take longer.
革
We understood the clause referring to pay- meat was to be re-drafted; as it stands, the improvement rate may be 7 on the capital outlay We suggest which may be imposed for 30 years. that the improvement rate be at a rate of interest 80 as not to extend the period of repayment beyond 30 years, or 7 per cent for 15 years.
47 (4). In the past scavenging lanes have been formed, without any claim for compensa- tion, as the owner has seen that, at some future date, he might require to re-develop the property in a different way and if the land be out up by scavenging lanes which have become vested in the Crown any new scheme would be seriously' interfered with. If the dwder is willing to form the lane without compensation, there is no reason for taking his land from him.
ORDINANCE.
AN EXPLANAT:ON.
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It has been stated during the various disons- sions that have taken place upon the proposed new Public Health and Buildings Ordinance that the section dealing with the pro.osition to pull down every third house in certain distriota was inserted on the recommendation of, the "Cabiole Committee," the inference perhaps made a being that the "Cubicle Committee unanimous recommendation to that effect,,Oar attention is called to the fact that in this par- not tioular re-pect the recommendat on was, unanimous; and one member of the committee- Mr. E. A. Ram-dissented strongly from it in A postscript which be added to the report to the following eff-ot: With regard to paragraph 9, I am unable to agree with the report. My personal experience in executing works upon old Chinese buildings leads me to believe that it will be in a great number of cases, for structural reasons, impracticable, or only practicable at the expenses of what would amount to rebuildi g. These costly worka, however provided for, must lead to a consider- aule increase of reat, to be paid for out of the meagre earnings of the coolie and artisan oleases, and I am not satisfied that the com- 4munity-and especially the poorer Chinese seo ion of it will profit proportionately by this further increase of the cost of living here.",
Sec. 180. We understood that a proviso was to be considered whereby a right of way should be counted as part of the open space; there is no indication of this on the draft under 8.8. (f) the open space at the side may be built over, but if it happens to be a right of way, the Building Authority at present contends, it can not be counted as open space.
New. 184. D Ition of the words "other than a godown, &o.," makes the section require 15 ft. lanes for godowas; we do not see any need for the alteration.
64 (1) Proviso The word" any" in line should changed to every; we were distinctly promised this and on this understanding the tim- was made 28 days,
(3) If this is to stand the whole object of submitting plans is nullified and it is only wasting time to submit them,
265B. This a serious innovation affecting the interests of mortgagees; we have koowa of instances in which Government have only grante i verandah permits on the condition the ground on the rear of the premises was sur- rendered to the Crown. Owner cannot do this
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At the Magistracy on May 20th Bergeant Gor- don prosecuted a native for having killed a deer on Lintan Island There are plenty deer on the i-land and the natives ar- known to haut them with dogs. In this case the officer could only a eak to the defend nt having sold the mest at Dumb Ball Island, he could not prove that defendan had killed the animal. Mr. Wood dismissed the summons.
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