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rights and the Crown Solicitor accordingly holds the
view that the decision in the case of Kr. da Silva was
wrong and that the further applications of Kr. de Souza
and Mr. Sung Teng Man should be rejected. He points out that there can be no question of the fixed rates
having been a privilege or favour extended to officers
appointed before 1902; they were designed, as alrea'y
explained, as a measure of security for officers recruited
in Europe.
7.
I agree with the Crown Slicitor's view of
the question and submit that it cannot equitably be argued
that a system of fixed rates of exchange, designed
primarily to provide security for officers recruited in the
United Kingdom, should now be used to secure the payment
to officers, recruited in the Colony, of pensions of two
or three times the amount which would otherwise be
payable and higher than the actual salaries of the officers
concerned. It is pertinent to point out that the present
salaries of these officers were fixed at a time when the
dollar was worth much less in sterling than the conventional
value indicated by the "privileged" rates. In view, however,
of the suggestion that the old General Orders had created
definite rights attaching to the appointments of these
officers I think it desirable to submit to you for
confirmation of my view.
8. It has also been the practice to calculate
Widows' and Orphans' Pensions based on dollar salaries at
the rate of three shillings to the dollar when paid through
the Crown Agents for the Colonies. This is still provided for in General Order No.202 (4) of the current edition and,
unlike the arrangements with regard to ordinary pensions
and leave salary, is founded of a formal resolution of the