June 8, 1908.]
years and are in the habit of dispensing their own medecines to their patients. It would be hard upon them if the passing of this Ordinance prevented them from continuing this practice. I do not wish to encourage strangers who hold foreign diplomas not recognised by this Colony, We have our College of Medecine here. Bat no injustice should be done to those actually practising in the Colony at the time of the passing of this ordinance.
The COLONIAL SECRETARY-That is В system of protection.
Hon. Dr. Ho KAI-They have practised here for so long. We don't want to deprive them of the privilege of dispensing medecines to their patients.
The COLONIAL SECRETARY-You allow the Hongkong qualified men but don't allow the men who qualified in Tientsin or Oregon here. after P
Hon. Dr. Ho KAI-Yes.
The COLONIAL SECRETARY-That is pro- teoting them.
HIS EXCELLENCY said he proposed to intro- duce the words "medical or after the word "Foreign" in line 2 of 2 (e) which would give effect to the object the mover of the resolution had in view.
Dr. Ho Kai said that the introduction of these words would go beyond his intention and render it possible to exempt any person hereafter who held such diplomas as he referred to. All he desired was to protect one or two individuals long resident in the Colony who had been dispensing medicines. He however agreed to withdraw his amendment, but asked that the Bill should remain in Committee in order to give the Hon. Attorney General time to study the full effect of the words proposed.
HIS EXCELLENCY said that the exemption of any such person would still remain subject to the approval of the Governor, who would refuse unless there were good grounds shown for exemption such as existed in the cases cited by the Hoa. member. He agreed that the Bill should remain in Committee to allow of an alteration of the words if on fur- ther consideration it appeared to the government advisble to anquest them.
The Bill was left in committee. PUBLIC HEALTH AND BUILDINGS ORDINANCE,
The ATTORNEY-GENERAL moved that the committee stage on the Bill entitled an Ordin. sace to amend the Public Health and Buildings Ordinance 1903 and the Public Health and Build- ings Amendment Ordinance 1903 be resumed.
The COLONIAL SECRETARY seconded and the motion was agreed to.
On clause 38, referring to the provision of smoke fines, which was held our at last meeting. TIE DIRECTOR OF PUBLIC WORKS moved that the following proviso be added to the clause : "Provided that in the case of chimneys or smoke-flues requiring to be extended to a greater height than 5 feet above the roof any extension in excess of that height may consist of iron pipes."
Carried.
Clause 44, referring to the proposition to demolish the upper storeys of every third honse in insanitary areas
Was withdraw and the following was amended Clause submitted: 44. The following section is hereby added to the Principal Ordinance and shall be inserted after Section 154 thereof :-
“154. (1.) Whenever the Governor-in Council on the representation of the medical officer of health is satisfied that any of the rooms in any block of domestic buildings are 80 dark 88 to be dangerous or prejudicial to the health of inmates, he may direct the demolition of all storeys above the lower most storey of every third building in such blook and the construction of additional windows for the remaining buildings and the carrying out of such other consequential works as he may deem necessary to render such buildings healthy, and the amount of compensation to be paid to the owners of such buildings as are demolished wholly or in part shall be determined by arbi- tration in the manner provided by Sections 251 to 254 inclusive of this Ordinance, Pro- vided that whatever alteration or reconstruc- tion of buildings may be involved in the carry. ing out of any such works it shall not be held to bring such buildings within the scope of sub-section (39) of Section 6 or of ection 180 of this Ordinance.
CHINA OVERLAND TRADE REPORT.
(3) The Governor in Council may in his discretion permit any part of any works directed under this section to be carried out by the owner at his own cost but subject to such conditions and in accordando with such plans and particulars as the Governor-in- Council may direct to the satisfaction of the Building Authority."
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(2) The cost of any works carried out under { ment in favour of this scheme för demo- this section exclusive of any compensation to lishing every third house. Only one mem- owners shall be certified by the Building ber, I think, raised any objection to the proposal, Authority, and the Governor-in-Council namely Mr. Ram, who did so solely on struc- may thereafter impose a special improvement tural grounds. He thought the adjacent houses rate upon the owners of such of the adjoining would not be able to stand. Mr. Keswick and houses as are in the opinion of the Governor- Mr. Osborne who wrote minutes on the general in-Council benefitted by such works, and in report did not apparently object. to the prin- such proportions as the Gorvernor-in- ciple. In consequence of the report of the Council may decide; such rate not to Cabiole Committee and of the resolutions exceed such annual sum as invested at com. proposed in this Council the Government pound interest at 5 per centum will amount after much consideration have inserted this in the period for which the rate is imposed clause which has been considered in some quar. to the total sum so certified as aforesaid with ters as though it was a scheme proposed by the interest thereon at 5 per centum per annum Government for the embarrassment of property and the period for which such rate is imposed owners. I wished therefore to point out before shall not be less than 15 or more than 30 we discuss the matter in detail what the origin years. Every such rate may be recovered by of the clause is and that it is in consequence the Colonial Treasurer in the same manner of the recommendations made by an independent as if it were a rate imposed under the pro- and very representative committee and of the visions of the Rating Ordinance 1901. resolutions and speeches made in this Council
that this clause has been inserted in this Bill.
The Hon. Mr. STEWART-I move that this section be omitted entirely. I am familiar with the origin of the idea and with all that you have said in describing its development. I base my objection to it in the first place on the problematical nature of the scheme in relation to the structural HIS EXCELLENCY said-In connection with difficulties which present themselves and in the this clause I desira to remind the committee second place on the risk of its proving disas of the origin of the scheme which it am- bodies. The proposal was made in this Council As has been pointed out by many who speak trous to the financial prospects of property. on June 2nd last year by the hon. and learned with authority on the subject, if you demo- member on my left Mr. Pollock who used lish partly every third house you would these words: The best solution laid before impose a great strain dpon the remaining walls. the community in connection with onbioles If you have sloping roofs on the lower floor of is that mooted some four years ago, the house demolished you will have the rain namely that in Chinatown upper storeys running down it on both sides to the gutters, and of every third house should be pulled down with a view to the provision of lateral win-
you will have a very strong chance of these gut. tera being blocked by garbage and refuse dows for the houses standing on either sida" thrown by the inhabitants of the houses on He added in the course of his speech that though either side. You may have choked gutters and the scheme would cost a considerable amount the result will be that the water would soak of money he was not alarmed at that. iato the walls on either side and seriously The cost mentioned amounted to $8,000,000. impair their strength. On the other hand it is He described it being a thorough pointed out that if you have flat roofs they are scheme and the only one for settling the bound to leak. There no cement apparently question once and for all. He added that manufactured that is impervious to rain such in his opinion some proportion of the cost should as we have here in the summer time. These be borne by the Government and some pro- flat roofs will very likely become a receptacle portion by the owners. At the next meeting for refuse from the adjacent houses, and it of this Council on the 27th Jane five resolutions seems to me there are very great objections to were moved by the senior uuofficial member, the scheme on that ground. Again another (Dr. Ho Kai) one of which was as follows:- objection occurs to me. If in a typhoon the "That the scheme for pulling down the upper wind were to strike at an angle into these narrow storeys of every third house in the blocks of places there would be a very grave risk of the houses in Chinatown and the provision of lateral while of the buildings coming down like a pack windows in the upper storeys of the adjacent of cards. These are some of the structural houses is a desirable and effective scheme." He objections raised by those who speak with more supported that resolution in a very long and authority than I do on the subject. There is able speech, and explained that it arose also the important objection that investors from the suggestion made Bome four and mortgagors always prefer clean titles. The clause seems to me to introduce an element of uncertainty into the title of property in Chinese houses, and for that reason I think it will militate very seriously against the sale of such property. It seems to me that a scheme of resumption is preferable in every way to this idea for which, while the Government was not responsible originally, they will make themselves responsible if they insist upon passing this clause. I therefore move to omit it entirely,
or
five years previously and which had been considered when the Public Health and Buildings Ordinance of 1903 was drafted. The two main objections then advanced were, firstly, the great cost, and secondly, that the ad- joining houses would not be able to stand when the support of the centre house was removed. Those objections were, he said, considered so serious that no provision for the demolition of every third house was inserted in the Bill. The hon.member had gone on to say that the cost of this proposed undertaking was much over- rated, and he proposed that only a jhalf or two- thirds of it should be borne by the Government and in the course of his argument he assumed that only one half would be chargeable to the Revenue. Another of his resolutions was that a committee be appointed to consider the whole question. The Government were un- able
to accept the first resolution in volving so serious and drastic a change, but the resolution to appoint a committee was accepted and the Hon. Colonial Secretary, who at that time occupied this chair, announced the committee he proposed to nominate, It consisted of the senior unofficial member, (who had proposed the resolution), the hon. member on my left (Mr. Wei Yak) who also represents the Chinese (who seconded the re- solution), the Hon. Colonial Treasurer (who was chairman), the Hon. Director of Public Works, the Hon. Principal Medical Officer of Health, the Hon. Mr. Keswick, the Hon. Mr. Osborne, and Mr. Ram. The Committee considered the whole question and reported to the Govern-
The Hon Sir. Henry BaRKELEY--ÏSécond the amendment of the hon. member and press the Government to accept it and delete this clause from the Bill, thereby saving a great deal of future trouble in this colony. It is true that the clause makes its appearance in the Bill as the result of the recommendations of the com- mittee appointed in the circumstances referred to by your Excellency. It is also true that the committee made what I may call a minority report. It was the report of probably the only person who was practically capable of express. ing any opinion that was of any real value in guiding the Council in matters of this kind— that was the architect Mr. Ram.
The COLONIAL SECRETARY—What about the Director of Public Works. Is he not to count? The Hon. Sir HENRY BERKELEY—I AM speaking from the public point of view, the pint of view of those who are directly interested, the point of view of those who believe this legislation will affect the value of property in this colony, will seriously affect the investment of capital and will seriously affect traumotions in property. Sir, I repeat the minority report
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