Zorn Research 10:0
Lee for 5
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Deshalet. PLAM
Gu7 22/11/86
Sin the Beachs X But Mr. Marshall transferred after doop.
Was the date of "toy" (When he th wag L M
Brebes Beach announced relence
See the despatch from Col. Whitfeild (& its enclosure) of 19 May 1870 in Hong Kong Vol 2, herewith.
Sun Opinion
Rust For 15
I do not see how it is profitable to reject W. Manson's claim ÷ the Hong Kong time to 1041962 Order appears to me to give to the Pension Minute of 1870 the form of law; and that no further approval of the Sec. of State was required in order to give it validity. It would have been more in accordance with the Circular of 15 July 1869 if the draft Minute had first been submitted for the Leg. Council's approval, but I quite agree with Julian Pauncefote's comment.
That a minute under Article 13 of 62 required is for legal effect to the rules det int.
The Earlier Minutes seem not to recognise that Hong Kong Minutes have the force of law by virtue of their terms of that Article and although the Sec. of State previous to the issue of Pension Minutes have authority to declare what pension should begin in any case, I feel some doubt whether after the Order, he has any such power in a case covered by the conditions of a Pension minute; there is no doubt he will be able to fix the pension of a servant to whom the Pension minute does not apply.
grr/1/86
This leads to a further question whether the casual or approval of the International Scheme expounded by Sir M. Hicks Beach in his despatch of 1 May 1878 - 22 March 1880 - + 2 March 1880 - (which appears to be correctly abstracted in the printed Enclosure to 114.45) is sufficient to deprive any body of the benefit of the Minute of 1870; anything short of an absolute repeal of it by another minute could do so.
I understand that there is a draft Pension Minute on Stockton Sommerset in the Office which was sent home by Sir John Burdon in 1880, which may have superseded the minute of 1870 but it is still here in Draft so has not been completed or had effect.
It seems to me therefore I see what Civil servants are now at Hongkong, who have come in from the Colonies, & might possibly claim under the Minute of 1870.
Sin C. Smith suffered by leaving Hong Kong which have adopted the scheme of 1869 for the Pensions which had not done so, but I am afraid we can hardly match M. Marsh on that account.
A. M. O'Malley was transferred from Jamaica to Hongkong in 1879 (after 3 years only in former Colony). M. Price, ditto in 1873 (after 2 yrs. in Sierre Leone). Sir H. Phillippo, Att Gen 1876, now the Justice (after service in several Colonies). Capt. Thumsett, Harbour Master 1861 (from the Navy). Assist. do. 1887 (after 1 yr. inf. Const formerly in the Slave Trade Dept.). W. Achroyd, Registrar in 1881 (after 18 yrs. in Mauritius). Major Fenwick, Supt. of Gaol 1884 (after 6 yrs. in Cyprus formerly in the Army).