28110
ཟ། ?། ༄། ། ། །
PUBLIC RECORD OFFICE
C.O.
Reference :-
not clear that this Ordinance would affect the status of these persons in other parts of the British Dominions, but it is apparently unlikely that the question will arise except in the Transvaal itself, and then such an Ordinance would be conclusive.
The same considerations will apply to the case of the Orange Free State. We would suggest that the Ordinance, if it is decided to pass it, should require a definite election by those persons who desire to divest themselves of British nationality.
It is probably not practicable to obtain an Act of the Imperial Parliament on the subject, and we very much doubt whether it would be desirable to attempt legislation of this kind.
We have, &c.,
The Right Honourable
Joseph Chamberlain, M.P.
R. B. FINLAY. EDWARD CARSON.
No. 197.
(CEYLON.)
LAW OFFICERS to COLONIAL OFFICE.
[Interpretation of Widows' and Orphans' Pension Fund Ordinance, 1898.]
Royal Courts of Justice, SIR,
July 29, 1903. WE were honoured with your commands, signified in Mr. C. P. Lucas's letter of the 22nd instant, stating that he was directed by you to inform us that a question had arisen as to the interpretation of Section 3 of Ceylon Ordinance No. 1 of 1898, entitled the Ceylon Widows' and Orphans' Pension Fund Ordinance, 1898.
That Mr. Lucas was to explain that that section took the place of Sections 37 and 38 of the original Ordinance on the subject, No. 15 of 1884, and of Sections 38 and 39 of the Amending Ordinance, No. 20 of 1885. That both of these Ordinances were contained in the accompanying volume, entitled "Widows' and Orphans' Pension Fund Ordinances," at the beginning of which would also be found copies of the tables under which the pensions were at present computed.
That the condition of the Fund had recently been reported upon by actuaries, who had prepared revised tables, which they recommended for adoption, based on the actual experience of the Fund and the mortality of its members.
That under these revised tables the pensions would be generally increased, but that in the case of members who entered the Fund at certain ages the pensions would
be reduced. That Mr. Lucas was to request us to take the construction of the Ordinance into our consideration and to report :-
1. Whether the adoption of the revised tables would be in accordance with the
provisions of Section 23 of Ordinance 1 of 1898; or
2. Whether that section required that either all pensions should be increased
or all pensions diminished; and
3. If so, whether the section required that such diminution or increase, as the
case might be, should in the case of all pensions be in the same ratio; and
4. Generally.
We have taken the matter into our consideration and, in obedience to your commands, have the honour to
Report—
That we are of opinion that the adoption of these revised tables would be within the powers conferred by Section 23 of Ordinance 1 of 1898, but desire to add that,
in a matter like this, affecting pensions which have already accrued, these powers ought, in our judgment, to be exercised with great caution.
The Right Honourable
Joseph Chamberlain, M.P.,
&c.,
&c.,
&c.
225
Wt 604
8,03
DLR Б 15382
We have, &c.,
R. B. FINLAY.
EDWARD CARSON.
885
15
PUBLIC RECORD OFFICE, LONDON
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