ac
repeated or in the slightest degree affected by the Hong Kong Ordinance No 10 of 1862 or by the minute made under it - indeed that nothing, but an express Repeal by an Imperial Ordinance (if indeed the latter were possible) can deprive me of the benefit of that Imperial Statutory Contract
2)
In the Despatch of the 19th of August instant Your Lordships in par 2) directs the Governor of Hong Kong to calculate my pension less the regulated deduction for Leave. During two or three months in 1866 I was detained in England without half pay, and that period may be deducted as service for pension : but I fear that the Governor of Hong Kong will read your Lordship's direction as including all absences on leave
I abstained from applying in Hongkong to the Governor to fix my pension because it has been universally understood there that the decision as to the Amount of all pensions absolutely rests with the Government at home; I should have preferred to remain obtaining local Vacation leave in the Colony whilst arranging there for the Amount of my pension and there to have avoided the heavy Expence of voyage to and residence in England
If your Lordship would grant me an Interview I feel assured that on reading the very words of the Act and comparing them with those in the Ordinance and Minute you would conclude that I come precisely within the terms of the Imperial Superannuation Act 1859 for allowance of my service as Attorney General and as Chief Justice and that the Ordinance and Minute of 1862 cannot deprive me of the benefit of that Act in any respect.
Although I was temporarily unwell and occasioned by special Circumstances of overwork and required Change in the early part of this year I am now entirely recovered and I am as capable to resume my duties as ever I was and I am ready to do so
Since your Lordship cannot receive an Answer from the Governor of Hong Kong in less than three months I earnestly ask that you will extend my leave of absence on half pay (which will otherwise expire on the 3rd of October next) for such a period as will enable me if necessary to prepare to return to my duties at Hong Kong.
If the amount of pension awarded should be inadequate Precedents for the grant of pensions in excess of the limits fixed without merit of a distinguished Character may be referred to in Hong Kong - Among these may be mentioned Mr Scott late Superintendent. Mr Dr Irwin Colonial Chaplain. Also in Ceylona a pension of £1500 a year (being in excess of Ordinary pension) was granted to the late Sir E Creasy Chief Justice. Also to the late Sir B Maxwell.
If I could discharge the actual Obligations of my position here within the very few years that I have to serve for pension I would get only about £1500 a year for the same.