479
I
There is a vacancy as soon as his present leave of absence expires after which date there would be no half salary available. If, as I understand, it is determined that he is not under any obligation to return to duty, it is better that he should at once return back to Hong Kong, to take advantage of the present arrangement.
I have written a letter to let him know this.
In the meantime, Mr. John Smith called here yesterday to speak on this subject. In reference to his past request, which has been met with some delay, the reason for the delay is that his letter informing them that a pension was contemplated had not reached them until the 20th August, and the reply from the Treasury was not expected for 3 months. The delay in settling his pension before his departure was not permitted.
As the half pay £1250 is more than the alimentary allowance £1200, he is granted 3 months' additional leave on half pay. His request to commute it to his pension is considered. It appears that he entered the Colonial service in 1860, before the passing of the Hay Pension Ordinance of 1862, and is therefore entitled to receive his pension under the rules in force then. It is contrary to established principle and practice to make new pension rules apply injuriously to persons actually in the service when they were adopted.
But I think that on recalculating his pension (without deductions for absence, which would not make much difference), it would be less than his current claim. I have given careful consideration to his representations, and regret that the previous correspondence was delayed. The reference made to the Colony was also delayed.
Mr. Smith's leave of absence on half salary for 3 months has been granted.
P.T.O.