433
pensionable personal allowance to myself, it may satisfy you as to the verity of my claim. I venture to submit that the testimony now given at least leaves no doubt as to the intention and meaning of the Hongkong Government's despatch No 59 of 21/2/1911, and that they understood that the Colonial Office despatch No 91 of 6/4/1911 ratified the arrangement for a maximum personal pensionable allow- ance of £120 per annum, in the absence of promotion after a period of three years.
I think that the present trouble has partly arisen through para.3 of the Secretary of State's despatch having been detached and acted on without due regard having been paid to the context and to the full correspondence and circumstances which go to make up the complete case. The paragraph in question reada: "Should "Mr Wood after a period of three years from that date be still in "the same position, I shall be prepared to consider the question "of increasing the allowance to £120 a year.
These words, I submit, whilst not forming an explicit promise in the strict sense, none the less distinctly convey an implicit promise that the further increase would be granted under conditione which have now been fulfilled. Regard being given to the customary style and language of an official document, I respectfully contend that, even by itself, I was fully entitled from the wording of the paragraph to consider that it was then the intention of the Secre- tary of State that the increase in question would be automatically granted on the satisfactory fulfilment of the conditions laid down. ly recent application, in the circumstances, was, therefore, more in the nature of a reminder than an appeal for fresh consideration.
Left, as I have been, in the same post without promotion, the
That was obviously circumstances of my case remain unaltered. what the Hongkong Government and the Secretary of State anticipated might be the case, and their reason for providing a maximum pension-
The fact that my cir- able personal allowance of £120 per annum. cumstances could not alter, in the continued absence of promotion, leaves little room for doubt that such was the true and only reason.
There is no doubt as to the Hongkong Government's intention in the matter, and the fact that a mistake has been made by the Governor in treating my recent application as an application for an increase of the pay of the post, whereas a reference to the whole correspondence will show that it was a pensionable personal allowance granted because my case was considered, a special one "which merits special treatment", and because suitable promotion did not obtain. As to the Governor's error, there can be no doubt. The Colonial Office letter to me of 1st May last refers to the grounds
nds on which acted, and further mentioned that the Governor The reasons so con- had caused me to be informed of his decision. veyed to me consisted entirely of a comparison of the salary of the post which I hold with the salaries of other posts in the ser- vice, together with his conclusion which, in his own words, was as follows: "I regard Mr Wood's emoluments as more than sufficient
* Such a declaration is clear "for the duties of the post he holds. evidence in itself that the principle applied by the Hongkong Gov- ernment, and on which my case was originally decided, must have escaped Sir Henry May's notice when dealing with the official file on the subject. In the words of the Government, taken from the official file, the principle applied was: "The salary of a post "has to be considered independently of the claims of the officer "who holda the post for the time being.
畅
The fact that my case had been dealt with on that principle, and had been recognised on the grounds of "special circumstances" and the continued absence of suitable promotion, entirely escaped
I would be most grateful if you would the Governor's attention. personally consent to examine into my case, because the Governor's minute, on which I was informed his recommendation to withhold
In Justice consent was based, is the result of an obvious misapprehension, It has not the slightest bearing on my case in any way. to me, I hope that the Governor's error may be pointed out, and that its checkmating effeat on my application may thereby be re- moyed, and the second instalment sanctioned as applied for
(108,143), W117.476-31-20,000. 9:15. ALL W.