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6. No Public Servant will be held to have an absolute right to compensation for past Services, or to any Pension under this Minute; and Government will retain power and authority to dismiss any Public Servant without compensation.
7. No Pension will be granted to any Public Servant without the authority of Her Majesty's Government, in order to obtain which, Certificates of Service, Age, Good Conduct, and of the ground of retirement, must be submitted to the Secretary of State.
age,
8. No Pension shall be granted to any Public Servant, who shall be under Fifty-five Years of: unless upon Certificate from the Head of the Department to which he may belong, and from two Medical Practitioners that he is incapable, from infirmity of mind or body, to discharge the duties of his situa tion; nor, unless he shall have discharged those duties with diligence and fidelity, to the satisfaction of the Head of his Department. And in case the Officer claiming such Pension shall be himself the Head of a Department, then such Pension shall not be granted unless he shall have discharged the duties of his Office with diligence and fidelity, to the satisfaction of the Governor, by whom the same shall be certified to the Secretary of State.
9. It will be competent to Her Majesty's Government, in cases of peculiar and extraordinary merit, to grant special and higher rates of Pension than those laid down in this Minute, but not exceeding the full amount of the Salary.
10. The above-mentioned rates are only to be granted in cases of decidedly faithful and meritorious service; but where the testimony as to fidelity, diligence and merit, is in any respect defective, a de- Where there has been obvious negligence, irregu duction will be made from the apportioned rates. larity or misconduct, the grant of Allowance will be altogether withheld.
11. The claim of a Public Servant to Pension will be considered to have commenced from the date of his first permanent appointment to the Fixed Establishment of this Colony; Service on the Temporary Establishment of this Colony will however be allowed to count for Pension when such Service shall have been continuous with a subsequent permanent appointment. In the case of Public Officers appointed from Home (except Cadets) their Services will be reckoned from the date of the Secretary of States' Despatch notifying the appointment to the Governor.
12. Cadets appointed in pursuance of the Regulations published in the Government Gazette of 12th October, 1861, will date the commencement of their Claims to Pension from the period at which the Board of Examiners may declare them qualified for Government Interpreters.
13. The Services in respect of which Superannuation Allowances are granted, ought in all cases to have been continuous; wiless interrupted by reduction of Office or other temporary suspension of employment, not arising from misconduct, or voluntary resignation of the party.
14. The Pension shall be computed upon the Salary of the permanent Office held by a Public Servant at the time of his retirement, provided he shall have held the same Office for at least Three Years, and that the Salary of the same shall not have been revised during that time: otherwise the Pension shall be calculated upon the average annual amount of Salary received by such Person for Three Years next preceding the commencement of such Pension.
15. In case of reduction or abolition of Office, Temporary Allowances may be assigned agreeably to the specified rates; on condition however that the parties receiving the same will be liable to be re-called into the service, and with the understanding that they are to be re-employed as opportunity may occur in preference to new applicants for Office.
16. The period of Service upon which the Superannuation Allowance of all Officers appointed to the Public Service, taking leave of absence in the regular manner with abatement of Salary will be calculated, will be at the rate of One Month for every Two Months of such leave.
any
Office in 17. If any person receiving a Pension under this Minute should be appointed to fill any Public Department, such Pension shall cease to be paid for any Period subsequent to such Ap pointment, if the annual amount of the Profits of the Office to which he shall be appointed shall be equal to those of the Office formerly held by him, and in case it shall not be equal to those of his former Office then no more of such Pension shall be paid to him than what with the Salary of his new Appointment shall be equal to the Profits of his former Office.
18. Should the time of Service not warrant the assignment of an annual Allowance, a gratuity may be granted after the rate of One Month's Salary for each Year of Service.
By His Excellency's Command,
W. H. ALEXANDER, Acting Colonial Secretary.
Colonial Secretary's Office, Victoria, Hongkong, 5th May, 1862.
Table shewing the RATES OF PENSION payable to the Public Officers of the Colony of Hongkong under the foregoing Minute.
Judges of Court of Summary Jurisdic- All other Officers returned in the Civil
tion and Colonial Chaplains who have not previously served in any other Office in the Colony.
Chief Justices who have not previously served in any other Office in the Colony.
Portions of the Annual Salary of the Office.
Portions of the Annual Salary of the ice.
After 10 years' service,.
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After 7 years' service,.
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