3
sufficient remedy.
The thing to do would appear
to be to extend the principle of the second
proposal by estimating the value of the
other advantages (free passages on leave,
exchange compensation, etc.) which have been
granted to Hong Kong officers in lieu of
increasing their salaries, and add this figure
to the retiring salary for the purpose of
calculating pension.
No.2.
hoted in Precedent Book (c)
The Hong Kong Go vernment has completely
misunderstood the intention as regards the
death gratuity. The same mistake has been
made in the Straits Settlements who, in Clause
20 of their Bill in 28020/27 Straits, have
endeavoured to secure that the death gratuity
shall not form part of the deceased officers
estate and shall not be subject to his debts.
The intention was that the gratuity should be
available to pay the debts of the deceased
officer and it was to form part of the officer's
ordinary estate. It has been clearly laid down in the Khowry Case (CF.10068/26 Palestine) that
the gratuity was to form part of the estate and
that the officer should have the same power to
deal with it by Will as he has in the case of
other items of his estate.
The principle of this proposed pension
minute cannot therefore be accepted, and since
the gratuity is to be part of the estate the
harder.
Government will clearly not wish to proceed with
anything on the lines of paragraph 2 of the draft
minute.
J. Pasmin 27/5