3.
As you have pointed out,
the
does not differentiate between civil
141
distinction drawn in the Pension Minute
between civil and judicial service results
in the loss by Sir W. Rees Davies of 9 months
as Attorney General and of 9 months as
Chief Justice. I am advised that the terms
of Clause 2 of the Pension Minute would
not allow of the calculation of his pension
on any period beyond completed years.
Otherwise he could be awarded pensions of
53/60ths of £1,500 (as Attorney General)
and 114/30th of £2,400 (as Chief Justice)
which together would amount to £1,083.15, 1.e.
to nearly the figure which you propose.
In consideration of the Pensión Minute, in
An
endeavour to meet your wishes by other
means, I have been impressed by the fact
that a case such as that of Sir W.Rees
__does not appear to have been)
Davies were
2 was settled.
4.
contemplated when use the Manute.
In the first place the service
of Sir W. Rees Davies
Двига d be considered
from the pointof viewof Clause 1(6) which
leaving the case
q
with more
a judge than 7 years' panie
in Hong Kong to be dealt with under, Clause 2.
5. I would myfest, for
Your consm,
that Clause
17 (3) might be maanded
and judicial service.
Disregarding the
proviso for the moment, his case is
brought under Clause 17 where the
differentiation appears and Clause 173)
in the case of a Judge with less then 7
years service in Hong Kong, allows a
pension computed upon completedmonths,
and provides also for civil (as distinct
from judicial) service in the Colony,
But paragraphs
and 2 of the Clause
cannot be applied to a judge, and the
case falls to be decidedunder the proviso
to Clause (6) which does not refer to
judicial service.
5. These observations appear to me
to afford sufficient grounds for consider
-
boy, the omission, after "Crown, ing the question of amending Clause 2(2)
of the phrase "and is not "entitled to a pension under
Sauce 27
These Regulations
of the Pension/Minute in the direction of
allowing to a Judge a pension in respect
of his service in the Colony based upon
completed
do as