duties, & the fact that he has served many years makes it extremely doubtful whether it can be said that he is now "compelled to quit the service by reason of such injuries."
The Gov[ernmen]t Council have given him 2nd class final pay, whereas the Rule in question makes the grant in these cases dependent on the salary the Sub[ordinate] drew at the time when the injury occurred.
The Rule itself is faultily drawn,
...the earlier...
Ceylon 4680/84 desh. Akuy 9454/87
8u91/5
the scale in the Drafting warrant on which it is founded makes the addition for injury "Reperdut" founded on the emoluments received at the time of the injury, but the retiring allowance for which he is qualified by length of service is of course calculated on the emoluments received in the last 3 years' service usually.
In a case where a man gets increase of salary or promotion between his injury and retirement, this § So does take into consideration properly into account.
the 13th rule speaks of "pay & Emoluments," whereas the old rules speak merely of "pay": it would be believed deliberately decided that "pay" alone should be the portion of this count for pension for those Hongkong Policemen, who can retire on medical certificate after limited period of service, & it seems the words "Emoluments" only slipped into this rule inadvertently.
The 1st rule is so drawn as to imply that Medical certificate should state that the retirement...
X. Hu
GR1178/1922/32(III)
Page 7
...was attributed "solely, finally, directly to the injuries received: read the medical or other evidence in connection with the case in this respect, the rule is itsbrion, & could not be given in these words.
Looking to the risks ordinarily run by a Policeman, I should have thought that an addition of 1/50th (not 1/8) to the pension he was qualified for his ordinary service would have been a reasonable reward in this case.
It may be better the Law are to drawn as...
Regulations give the Secretary of State any power; it is a question of doubtful policy, therefore, whether we should interfere.
I think it would be inexpedient to alter the arrangement. Rule 3074
Ind 20/4/91
Intube the arrangement.
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XCR(85)72