Page:Twentieth Century Impressions of Hongkong, Shanghai, and other Treaty Ports of China.djvu/166

158 TWENTIETH CENTURY IMPRESSIONS OF HONGKONG, SHANGHAI, ETC. effective measures ensued. In 1844 and 1845 the first Ordinances were made enacting general regulations regarding matters of sanitation, and these, with various additions and amendments necessitated by the growth of the Colony, remained in operation until replaced in 1856 by an Ordinance embodying the general principles laid down by the London Board of Health, modified to meet local conditions. Ten years later the Gover- nor was empowered to appoint a duly qualified medical practitioner as Medical Inspector of the Colony. Upon this officer devolved the general control of sanitary administration, but he does not appear to have had any direct staff under him until 1873, when a Chinaman was appointed as scavenger under the Survey Department. This was followed in course of time by the appointment of European inspectors. As a result of a report made bv Mr. Osbert Chadwick in 1881, it was considered advis- able to create a proper Sanitary Department, under the Survey (now the Public Works) Department. This change was brought about gradually — first by the appointment of an inspector, and then by the constitution of a permanent Sanitary Board, which, in 1887, commenced working under the Public Health Ordinance of that year. That Ordinance was the first to give the right to the public of electing representatives to the Board. It provided that there should be four official members, and not more than six unofficial, and that, of the latter, four should be ap- pointed by the Governor (two of them to be Chinesel and two elected by the ratepayers. This laid down the important principle that there should be an unofficial majority. For a time the secretary also acted as sanitary superintendent, but, the duties increasing to such an extent that he was unable to devote sufficient attention to outdoor matters, a Medical Officer of Health was appointed. In consequence of the decision of the Legislative Council that in the event of a vacancy occurring the Medical Officer should occupy a seat on the Sanitary Board, all the unofficial save one resigned. A most unsatisfactory state of things pre- vailed at this time. Against the subordinate officers of the Sanitary Board were made formal and well-founded allegations of cor- ruption. A vexed question arose as to whether there should still be an unofficial majority, and, in consequence of a communi- cation from the Governor, the Chamber of Commerce took a plebiscite of the residents. This resulted in an overwhelming vote in favour of an unofficial majority. Later on, a petition was forwarded by the principal resi- dents of the Colony lo the Secretary of State calling attention to the unsatisfactory sanitary conditions prevailing, and asking for a com- mission, accompanied by experts, to be ap- pointed to prepare a report upon the matter. Professor Simpson, M.D., and Mr. Chadwick, C.E., came out, and upon their recommenda- tions a Bill was drawn. This Bill, however, contained sections deemed by the public to be drastic, unjust, and unworkable, and a committee of European property owners forwarded to the Governor a petition em- bodying their suggestions for its improvement. A similar petition was also presented by the Chinese in the Colony. To many of these suggestions effect was given in "The Public Health and Buildings Ordinance of 1903." Finality was not reached even then. An amendment to the Ordinance, passed at the end of 1903, practically altered the whole character of the sanitary administration by creating a Sanitary Department of the Government, thereby giving the Principal Civil Medical Officer (as the Colonial Surgeon had come to be called) the direct administra- tion of sanitary matters by holding him directly responsible. This enactment was practically the death-knell of the Board's authority to administer the sanitary laws, and reduced it to a department controlled by the Government through the Principal Civil Medical Officer, thus nullifying the wishes of the plebiscite that the sanitary laws should be administered by a Board having an un- official majority. In the meantime allegations of corruption and irregularity amongst the officials charged with the administration of the sanitary and building regulations under the Ordinance of 1903 continued to be made, and in 1906 a Commission was appointed bv the Gover- nor, Sir Matthew Nathan, K.C.M.G., to make a full investigation. Sixty meetings were held, and 183 witnesses were examined, with the result that in March, 1907, the Commission reported that they were forced to the conclusion that irregularities, cor- ruption, and bribery were rampant in the Sanitaiy Department, not only amongst the native subordinates but also throughout the staff of British inspectors. It was pointed out that owing to the hardship inflicted by many of the regulations mucli injury was wrought to property, and that consequently the general prosperity of the Colony was retarded. Stress was laid on the fact that the " open spaces " section, under which vested rights were sacrificed without com- pensation, had been in a large measure responsible for causing the property owners of Hongkong exclusive losses. It was further shown that, by placing the whole control of the admniislration of the Sanitary Department in the hands of the Principal Civil Medical Officer, the Board was reduced to something even less than a consulting committee, in despite of the fact that the general tendency of legislation for years past had been in the direction of granting the ratepayers a modified form of self-govern- ment. This practical disfranchisement of the public was deplored, and the Commission submitted a scheme designed to redress this grievance and to place the administration of sanitary matters on a proper and systematic footing. The recommendations of the Com- mission were based an the broad principle that the administration of the " Public Health and Buildings" Ordinances should be entirely separate from the Public Works Department ; that water supply, public roads, sewers, &c., should remain under the control of the Public Works Department as hereto- fore ; but that all matters relating to sanitary affairs, nuisances, and the actual construction or alteration of buildings should be wholly transferred to the proposed Sanitary and Building Board, divided into four sections — secretarial, medical, engineering, and veterin- ary — and composed of four ofticlal and six unofficial members. The Board should elect its own president, have the complete order- ing of the department, recommend to the Governor all promotions or changes in the staff, and be accountable to His Excellency for the expenditure of the funds voted by the Legislative Council on estimates prepared by the Board. Such, briefly, was the scheme suggested by the Commission. As a direct outcome of the Commission's recommenda- tions, the Legislative Council passed an amending Public Health and Buildings Ordi- nance, dated July 3, 1908. The principal changes made by this enactment are : — I. — A slightly increased electorate by substituting the word "persons" for rate- payers who are entitled to vote and giving members of the Council a vote for the people's representatives on the Board. .— The Principal Civil Medical Officer who was head of the Sanitary Board and thereby ex officio President of the Board is removed and his place taken by a specially appointed officer devoting the whole of his time to these duties. The Captain Super- intendent of Police is also removed and his place taken on the Board by the Medical Officer of Health. - — The transfer of practically all building matters from the Sanitary Hoard to the Building Authority. . — Power given to the Authorities lo cause the owners to pull down the upper storeys of houses which are too dark and thereby insanitary, and where the work benefits the adjoining owners they are to pay the cost of reconstruction, but the com- pensation to the owner of the property pulled down is to be paid by the Government. . — The right of appeal from the dis- cretion exercised by the Sanitary Board or Building Authority to the Governor in Council, the applicant to have right of appearing in person or by his representative, and be heard at the Council, or the right of appealing to the Court in lieu of to the Governor in Council. The Sanitary Board's jurisdiction, as offi- cially defined, embraces the island of Hong- kong, which has an area of 29 square miles, and that portion of the British territory on the mainland between the shore and the first range of the Kowloon Hills, extending from the village of Tseung Kwan O, in Junk Bay, on the east, to the village of Kau Pa Hang on the west, with a sea-frontage of about 13 miles and an area of about 16 square miles. Old Kowloon, with an area of about 2| square miles, has been In British occupation since 1861, but New Kowloon was leased to the Government as recently as 1898, as part of what is known as the New Territories. The remaining part of the New Territories — a considerable area— is not under the juris- diction of the Sanitary Board. The city of Victoria, which lies on the northern shore of the Island of Hongkong, contains 9,485 dwellings, exclusive of barracks and police stations, and, with the exception of some 982, these are occupied by Chinese. The present rateable value of the whole Colony Is $10,654,338, and that of New Kowloon — the only portions of which territory assessed are Kowloon City, Sam Shui Po, Nga In Tau, and Little Kowloon— $61,835. The rates levied vary from 7 per cent, in the outlying Chinese villages lo 13 per cent, in the city of Victoria. The 13 per cent, was arrived at originally by allocating 8J per cent, to police protection, 2 per cent, to water supply, 1 4 per cent, to public lighting, and f per cent, to the maintenance of a fire brigade. The amount collected in 1906 was $1,400,641, of which $2,800 was derived from the New Territory. The estimate for 1907 was $1,420,000. The money is collected by the Government, and in Its expenditure, in so far as their province extends, the Sanitary Board practically act only as an advisory committee. The Board consists of the Principal Civil Medical Ofiicei' (who is ex officio President), the Director of Public Works, the Registrar- General, the Captain Superintendent of Police, and six additional members, four of whom (two being Chinese) are appointed by the Governor, and two elected by such rate- payers as are Included in the special and common jury lists, or are exempt only on account of their professional avocations. In other words, English speaking property owners or occupiers are qualified to vote.