262
Exemptions from abatement.
Treasury to decide doubtful cases.
Limitation of Civil Pension.
Other powers of
THE HONGKONG GOVERNMENT GAZETTE, 10TH MARCH, 1888.
(a.) If the annual amount of his non-effective pay, whether in actual course of payment or commuted or represented by a gratuity valued as herein- after mentioned, and the profits of his civil employment together exceed 4007. per annum, the profits of his civil employment shall be abated by such an amount, not being less than 10 per cent. thereof, as may be determined by the Treasury in concert with the department employing the officer; provided that no abatement shall be made by reason of this rule, which exceeds the amount of the officer's non-effective pay or re- duces his total emoluments to less than 4007. per annum.
(5.) For the purposes of sub-section (a) the annual value of non-effective pay which has been commuted shall be the amount of such pay at the time of commutation, and the value of a gratuity shall be determined, actuarially, according to the prospects of life of the officer at the date of his receipt. of such gratuity.
5. (1.) It shall be competent to the Treasury, on the recommendation of the Admiralty or War Departinent, as the case may be, from time to time to exempt any civil employment under a naval or military department, from the operation of Rule 4, or to bring the same back within its operation.
(2.) It shall be competent to the Treasury from time to time to exempt any other civil employment from the operation of Rule 4, for such time as they may deem fit, on the ground of such employment being of a temporary or casual character, or of its pro-, fits being petty or uncertain, or of the nature of fees for piecework.
6. In case of doubt arising either as to whether the funds from which the profits of a civil employment are derived are public funds or as to what is, for the purposes of Rule 4, the annual value of non-effective pay, or of a gratuity, or of the profits of a civil employment, the decision on the point shall rest with the Treasury.
7. No such officer as is mentioned in Rule 2 shall accept any civil employment of profit under any public departiment, otherwise than on condition that no pension shall, be granted to him in respect of that employment, which, when added to his non-effective pay, shall exceed two-thirds of the emoluments of that employment, or a total of 1,000/ a year, whichever may be the greater.
But, if such officer's civil employment have been declared, by order under Section. 4 of the Superannuation Act, 1859, to be a professional office, he may, subject to the above limitation of the amount of pension, elect on his retirement:
(a.) Either to retain his non-effective pay, together with a pension calculated
on his actual service in the professional office, or;
(b.) to relinquish his non-effective pay, and to receive a pension calculated on his actual service in the professional office, together with the addition of years granted by the order.
8. Nothing in these rules shall abridge or supersede any power of abatement of an abatement reserved. officer's non-effective pay or emoluments possessed in other respects by the Treasury,
or by any other public departinent.
Annual Return to. Parliament.
Officers on Active
List to draw no Imperial pay.
9. A return shall be laid before Parliament in every year of the number of officers who, having non-effective pay, or having commuted their non-effective pay, or having retired on a gratuity from Navy or Army funds, have been granted by the Admiralty or War Departmen permission, under Rule 2, to hold any civil employment of profit under a public department, specifying the names of such officers and the respective amounts of their non-effective pay and their emoluments, and the abatement, if any, made therefrom, and distinguishing the officers to whom such permission has been granted since the conclusion of last return.
III.-EMPLOYMENT of NAVAL or MILITARY OFFICERS by COLONIAL GOVERNMENTS (exclusive of the GOVERNMENT of INDIA).
10. If an officer on the Active List now holds, or shall hereafter accept, any em- ployment of profit under any Colonial Government, not remunerated out of Imperial funds, he shall draw no pay, effective or non-effective, from Imperial funds so long as he holds that employment; but if his employment appears to the Admiralty or War Department to be of a nature to afford practical experience likely to be afterwards of public advantage in the event of his return to Imperial service, his service under the