576
Officers enjoying private practice.
Professional qualifications.
Public Officer appointed to be Governor.
Pensions not of right.
Secretary of State's
THE HONGKONG GOVERNMENT GAZETTE, 7TH JULY, 1894.
bear the same proportion to five years or to five years plus the number of years if any grantable under clause 3, paragraph 2, as such service bears to his total service in the Colony or a pension at ordinary rates in accordance with clauses 1 and 3 of these Regulations; provided that in no case shall the pension under the former alternative exceed the maximum pension which could be claimed under clause 2 (1) viz. forty-sixtieths of his salary as Judge.
No. 3.
1. (a) Except in cases where a right to pension has been previously acknowledged or sanctioned by the Secretary of State or the Governor in Council, Officers whose whole time is not given to the public service and professional Officers who are allowed the private practice of their professions, may not be awarded pensions under these Regula- tions. If a pension is granted in any such case the addition specified in paragraph 2 of this clause for professional or peculiar qualifications shall not as a general rule be made, nor as a general rule shall any fees paid out of the Treasury be included in salary in computing pension.
(b) Save as in this clause excepted, such Officers as in this clause are referred to may not in the case of abolition of office be awarded the pension provided for the case of abolition of office, but every such Officer may receive a pension at such reduced rate as the Secretary of State may see fit in each case to prescribe.
2. In computing the pension of an Officer who on first entering the service was appointed to an office mentioned in the Schedule hereto and retires therefrom or from some other office requiring like qualifications, the additions in the said Schedule men- tioned may
be made to his period of service: Provided that no such addition shall be made in the case of any Officer who has been transferred to the service of the Colony from Her Majesty's Naval or Military service, and that no addition shall be made which together with the number of years of actual service shall amount to more than thirty-five years.
No. 4.
1. Every Public Officer borne on the Fixed Establishment of the Colony who is appointed either directly or after intermediate service under the Crown outside the Colony to be Governor of the Colony shall on his retirement be entitled to the same pension as if he had continued to hold the office which he held in this Colony previous to such appointment and as if his retirement were occasioned by ill-health.
any
2. If there is offered to any such ex-Governor being under the age of fifty-five years office under the Crown either in the Colony or elsewhere which regard being had as well to the state of his health as to his previous services such ex-Governor may be properly called upon to accept the Secretary of State for the Colonies may suspend either wholly or in part as he in his absolute discretion may think fit the pension of such ex-Governor during his *tenure of such office in case of acceptance or in case of non-acceptance until he attains the age of fifty-five years.
No. 5.
No Judge or other Officer shall have an absolute right to compensation for past services, or to any pension or other allowance under this Minute, nor shall anything herein contained limit the right of the Crown to dismiss any Judge or other Officer without compensation.
No. 6.
No pension, compensation, or other retiring allowance shall be granted without the sanction required. previous sanction of the Secretary of State for the Colonies.
Certificates required as to conduct, &c.
No. 7.
No pension or allowance shall be granted to any public Officer who has not attained the age of fifty-five years (other than a Governor) without a certificate from the Head of his Department and from two qualified medical practitioners that he is incapable by reason of some infirmity of mind or body of discharging the duties of his office, and that such infirmity is likely to be permanent, nor in any case without a certificate from the Head of his Department that he has discharged the duties of his office with such diligence and fidelity as to justify the grant to him of a pension or allowance. When the Officer applying for a pension or allowance is himself the Head of a Department, or is a Judge, the certificates required by this clause from the Head of a Department must be given by the Governor.