166
Additional allow.
ance grantable in
cases of retirement
in consequence of
injuries received.
Pension to abate on pensioner's obtaining other
3. In the case of an Officer whose office is abolished his pension shall be at the rate of the number of sixtieths of his salary exceeding the number of the completed years of his service by the numbers following (that is to say):-
(a) In the case of an Officer who has served twenty years, (b) In the case of an Officer who has served less than twenty years
but not less than fifteen years,
10
7
(d) In the case of an Officer who has served less than ten years
not less than five years,
(c) In the case of an Officer who has served less than fifteen years
but not less than ten years,
5
but
3 Ι
(e) In case of an Officer who has served less than five years............. 4. No addition shall be made under this clause to an Officer's period of service so as to entitle him to a higher pension than he would have been entitled to had he been retained in the service until he attained the age of sixty years.
No. 13.
5. (1) Where a public Officer has been permanently injured-- (a) in the actual discharge of his duty and
(b) without his own default and
(c) by some injury specifically attributable to the nature of his duty and his retirement is thereby necessitated or materially accelerated an annual allowance may be granted to him in addition to any pension which he may be awarded not exceeding the undermentioned portion of his salary and emoluments at the date of the injury, viz.
When his capacity to contribute to his support is-
Slightly impaired,
Impaired,
Materially impaired,
Totally destroyed,.
Five-sixtieths.
.Ten-sixtieths.
..Fifteen-sixtieths, ..Twenty-sixtieths.
Provided that no such allowance shall together with the pension exceed fifty sixtieths of his salary and emoluments at the date of the injury.
(2) The allowance shall be less than the above-mentioned maximum by such amount as the Governor in Council subject to the approval of the Secretary of State shall think reasonable in the following cases:→→
(a) Where the injured man has continued to serve for not less than one year
after the injury in respect of which he retires;
(b) Where the injured man is fifty (50) years of age or upwards at the date
of the injury; or
(c) Where the injury is not the sole cause of retirement i.e. the retirement
is caused partly by age or infirmity.
(3) When the public Officer so injured has less than ten years' service and he is not entitled to an ordinary pension he may receive in lieu of a gratuity an annual allowance of so many sixtieths as the years he has actually served in addition to the number of sixtieths that may be awarded to him under (1) and (2).
No. 14.
If any pensioner under this Minute is appointed to an office under the Crown either in the Colony or elsewhere, then, during his tenure of such office, so much only public employment. (if any) of his pension or compensation allowance shall be paid to him as with the emoluments of such office makes up an amount equal to the emoluments of the office which he held at the date of the grant of his pension or compensation allowance.
No. 15.
Where the Officer has served the
1. Subject to the provisions of this Minute, every public Officer (other than Judge of the Supreme Court) who, having been borne on the Fixed Establishment of Crown elsewhere. the Colony for a period of at least twelve calendar months, leaves the service of the
Colony for other service under the Crown or for service in one of the Protected i States of the Malay Peninsula and who in respect of his aggregate service in the Colour and elsewhere might have been awarded had it been wholly in the Colony, a penso or retiring allowance under this Minute, may, on his ultimate retirement from the service of the Crown, or of such Native State, be awarded a pension at the rate of o seven-hundred-and-twentieth of the amount of his annual salary at the date of his s leaving the service of the Colony as aforesaid for each calendar month of his service i the Colony,
2. Subject as aforesaid, every public Officer (other than a Judge of the Supreme Court) who, having been in the service of the Crown elsewhere than in the Colony, in the service of one of the Protected Native States in the Malay Peninsula, is traferred from such service to the Fixed Establishment of the Colony, and who inspect of his aggregate service in the Colony and elsewhere might have been awarded, had it been wholly in the Colony, a pension or retiring allowance under this Minute, may, on his retirement from the service of the Colony, if he at the same time retires from the service of the Crown, or of such Native State, and if he had served for a period of at least twelve months in the Colony, be awarded a pension at the rate of one seven-hundred-and-twentieth of the amount of his annual salary at the date of such retirement for each calendar month of his service in the Colony, and in every such case there may be added, at the discretion of the Governor in Council, in computing the period of the retiring Officer's service in the Colony, a number of months not exceeding
(a) One-third of the aggregate of his service elsewhere than in the Colony,
Bor
(b) Two-thirds of his service in the Colony; nor
(e) in any case eighty-four months.
*
3. Subject as aforesaid every Judge of the Supreme Court who is transferred to or from the service of the Colony from or to other service under the Crown, and who may not be awarded a pension under this Minute, may (if he might have been awarded a pension under this Minute in respect of his aggregate service under the Crown in this Colony and elsewhere) be granted on his ultimate retirement a pension at the rate of two seven-hundred-and-twentieths of the amount of his annual salary at the date of his retirement (if he ultimately retires as a Judge of the Supreme Court of this Colony) or at the date of his being so transferred from the service of this Colony for each month of his service in this Colony.
No. 16.
served fifteen years
1. In the case of an Officer who is not qualified for a pension or retiring allowance Allowance to under this Minute, but has continuously served on the Temporary Establishment of the Officers who have Colony for fifteen years or upwards, and is at the date of his retirement in receipt of a on the temporary salary exceeding $240 per annum, a monthly allowance may be granted to such Officer establishment. not exceeding three-fourths of the pension which might have been awarded to him had he been employed on the Fixed Establishment; provided that when an Officer has been transferred from the Fixed to the Temporary Establishment he shall be entitled, either (a) to count his service on the Temporary Establishment as though it were service on the Fixed Establishment, at the salary which he received immediately prior to such transfer, (or (b) to count his service on the Fixed Establishment as though it were service on the Temporary Establishment, and to take the benefit of this clause accordingly. And in the case of an officer on the Temporary Establishment whose salary does not exceed $240 per annum, or of an Officer paid out of an open vote who is not on either the Fixed or Temporary Establishment of the Colony, a compassionate allowance may be granted as under clause I paragraph 2, but such compassionate allowance shall not exceed one half of the rate of pension grantable under clause I paragraph-1.
In lieu of any pension or compassionate allowance granted under this Minute there may be paid to an Officer with the approval of the Secretary of State, a capital sum equal to five years' payments of such pension or compassionate allowance, but no such capital sum shall ordinarily be paid in the case of retirement on the ground of
ill-health.
W:17.
No. 118.
Nothing contained in this Minute shall interfere with the pension rights of persons Existing claims. who entered the service of the Colony before the date of the Minute, or shall restrict or diminish any superannuation allowance, compensation, or gratuity which, if this Minute had not been issued, might have been granted to any such person, but except as aforesaid, the provisions of the Minute shall apply as well to persons who have already entered the Public Service as to those who may hereafter enter the Public Service of Hongkong.
No. 19.
Except in cases of exceptional ability the Governor in Council shall (subject as Compulsory regards Officers appointed under instructions received from or through the Secretary of retirement at sixty.