No. 200.
THE HONGKONG GOVERNMENT GAZETTE, 22ND SEPTEMBER, 1877. 429
GOVERNMENT NOTIFICATION.
The following Minute by His Excellency the Governor, together with an Extract from the Regulations of the Lords of the Treasury on the subject of the Bankruptcy of Civil Servants, are published for general information.
By Command,
CECIL C. SMITH, Acting Colonial Secretary.
BANKRUPTCY OF CIVIL SERVANTS.
Colonial Secretary's Office, Hongkong, 17th September, 1877.
1
The Head of a Department having reported that Mr.
a subordinate in his Office, had been arrested for debt and was about passing through the Bankruptcy Court, and having recommended that Mr.
should be called upon to resign, the following Minute was made upon the case by His Excellency the Governor :-
"established.
"I feel bound to proceed with caution in a case of this kind; otherwise grave precedents may be "Instead of calling on Mr. to resign, I think it better to give him the benefit of the "4th Rule of the Treasury Minute enclosed in Lord GRANVILLE'S Circular of 9th of January, 1869.
"Let him be informed accordingly, adding that, when all the facts of his bankruptcy become "known to me, if they are apparently due to unavoidable misfortune, I should be disposed to reinstate "him.
"I approve of the temporary arrangements made by the Head of the Department for the "performance of Mr.
-'s duties."
"Hongkong, 15th September, 1877.”
"(Signed,) J. POPE HENNESSY,"
"Governor."
The following are the Regulations of the Lords of the Treasury enclosed in Earl Granville's Despatch of the 9th of January, 1869:-
Pro-
"Appointments in the Civil Service, at the very outset, are now made the reward of merit. motion by merit is the established rule in the Service, and to every young man who becomes the servant of the Crown in the Civil Service, a way is open to independence and even eminence.
"But my Lords are desirous of impressing upon the members of the Civil Service that, in propor tion as these advantages are increased, in the same degree does it become imperative as a duty, and one which my Lords on their
part are, to the utmost of their power, resolved to discharge, to maintain rigidly the moral standard of the Service and the independent position of its members.
My Lords are fully aware that there are cases in which pecuniary embarrassments are the results of causes beyond control. A gentleman in the Civil Service with a small salary may unavoidably fall into difficulties from sickness in his family, or from other similar causes; there can be no discredit in such cases, and there will be found no indisposition to treat them with the consideration they deserve. "The Rules which my Lords would enforce and recommend for general observance are as follows:---
"1. That it is to be understood that serious pecuniary cinbarrassment, from whatever cause, must be regarded as a circumstance which necessarily has the effect of impairing the efficiency of a public servant, and of rendering him less valuable than he would otherwise be.
"2. That such embarrassment, if occasioned by imprudence or other reprehensible cause, will be held to be an offence, as affecting the respectability of the Service, and the trustworthiness of the individual; any person who has so conducted himself will be considered to have forfeited that honour- able position in the Service which is necessary to give him a claim to promotion or increase of salary from length of service; and these benefits will not be permitted to accrue to him again until he shall have relieved himself from the discredit of such a position. Aggravated cases of this description will be noticed whenever they become known; and such measures will be taken either in the manner above adverted to, or in a manner more summary and severe, as the circumstances may appear to deserve.
"3. That the mere fact, under whatever plea, of becoming a party to accommodation bills, whether for his own purposes, or for another person, and whether resulting in pecuniary embarrassment or not, will subject a Civil Servant to the consequences described in the preceding paragraph.
"4. That in the event of any Civil Servant being arrested, or being adjudicated a bankrupt, or entering into a composition with his creditors under the Bankruptcy Act, he will, on the fact being known, be suspended from duty and salary, and will not be reinstated unless, after examination of the facts and of the schedule prepared by the Court, it shall appear that his difficulties have been occasioned by unavoidable misfortune, and not by extravagance or culpable improvidence, or unless the case shall be characterized by previous circumstances of extenuation.
"5. That any person who shall not immediately, on his being arrested, or proceedings being taken with a view to bankruptcy, inform the Head of his Department of the fact, shall, upon its becoming known, be removed from the Service without any expectation of being reinstated."