212
*(2)
As regards the Chinese and Indians, it will be seen from the cases of NG FOONG-SHAN and IBRAHIM, presently to be cited, that the Chinese considered themselves entitled, and that the Indians were, at least by the Head of a Department, likewise supposed entitled to come under the provisions of the Pension Minute. The Governor, indeed, has it specially enjoined upon him by the Royal Instructions to make no distinction of race among Her Majesty's subjects. But that even the officers of the Colony next to the Governor, as well as the Secretary of State for the Colonies and the Lords Commissioners of the Treasury, likewise never thought, at the time, of excluding any public servant otherwise coming within the terms of the Minute on the ground of his being an Asiatic, is made clear by the case of NG FOONG-SHAN.
Case of NG FUNG-SHAW.
1863. On 29th April 1863, the Acting Registrar of the Supreme Court, instructed by the Acting Chief Justice, writes to the Acting Colonial Secretary transmitting a petition from NG FOONG-SHAN, Chinese Shroff and Clerk to the Supreme Court, praying for leave to retire from the service "with a pension," and submits the application on his behalf "for the favourable consideration of His Excellency" the Acting Governor. There is a Minute on the document in pencil, in the handwriting of the late Mr. ALEXANDER, then Acting Colonial Secretary, which runs as follows:---
"By 7th Clause of Pension Minute it would seem that no pension can be granted but by Her "Majesty's Government. So that the question would have to be referred home."
Accordingly, the Acting Governor in his Despatch No.102 (Financial) of 12th May 1863, to the Duke of NEWCASTLE, forwarding the application "together with the certificates required by Clause 8 of the Pension Minute," recommends the application for favourable consideration, and adds the following important remarks:--
"I deem it right to observe that NG FOONG-SHAN has never been under superannuation abatements. I do not know why, but it appears to have been the rule with regard to all the Chinese "Government Employés. It has been that their salaries were considered too small to allow of any deduction from them."
16
may
It is important to note, therefore, that NG FOONG-SHAN was under the same rule as all the other Chinese Government Employés, as it will be found further on that, many years after the foregoing despatch was written, it was represented to the Secretary of State (the Earl of KIMBERLEY) that the case of NG FOONG-SHAN was a special one. The truth is that the case of NG FOONG-SHAN differs in no essential from that of any other applications for pension or gratuity made by Chinese Civil Servants in Hongkong. Nor can there be any doubt but that the case of NG FOONG-SHAN was considered both here and by the Authorities in England as coming under the provisions of the Pension Minute. For, in reply to the foregoing Despatch, the Secretary of State (Duke of NEWCASTLE) informs the Governor (Despatch No.103 of 5th August 1863) that the Lords Commissioners of the Treasury approve of a superannuation allowance to NG FOONG-SHAN, and adds:--
"I have to instruct you for the future to submit all cases of superannuation or gratuity upon a printed form similar to that which accompanied my predecessor's Circular Despatch of 3rd May 1859."
Nothing can be clearer than that any idea of Asiatic Civil Servants in Hongkong being excluded from the benefits of the Pension Minute, or their applications being viewed as special cases, was entirely foreign to the Chinese Civil Servants of Hongkong, as well as to the Colonial and Imperial Governments. The case of NG FOONG-SHAN, so far from being a special case, is an ordinary typical case, and the grant of a pension to NG FOONG-SHAN recommended by the Local and approved by the Imperial Government, naturally impressed all the Chinese Civil Servants of the Colony with the notion that they were not excluded from the benefits of the Pension Minute.
3. Exclusion of Chinese. Case of Ng A-ts'ün.
1870.
But this fond belief, as is not surprising, soon led a Chinese Civil Servant of less than 10 years' standing to take advantage of the provisions of the Minute, not merely with reference to pension, but regarding leave of absence, and thus he brought upon himself bitter disillusion. As this case throws light not only on the pension question, but also on the vexed question of securing a proper staff of Interpreters, I give all the details and follow up this case at once to its final issue somewhat out of the chronological order of this essay.
Case of Ng A-ts'ün.
1870.
(3)
One NG A-TS'ÜN, a native of Wong-nai-ch'ung (Hongkong) and therefore a British subject, Clerk and Interpreter to the Surveyor General, had been in the service, on the Fixed Establishment, for six years, on a salary of $32 a month. On 14th January 1870, he produced a sick certificate from the Colonial Surgeon recommending him to have two weeks' sick leave, and accordingly he applied for a fortnight's leave. In forwarding his application, the Surveyor General, Mr. MOORSOM, remarks that NG A-TS'ÜN has only lately returned from leave of absence. The Governor, Sir RICHARD MACDONNELL, thereupon grants the application, but on eliciting from the Colonial Surgeon, Dr. MURRAY, a further statement to the effect that NG A-TS'ÜN is "suffering from pulmonary consumption and not likely to be ever completely restored to health or efficiency in his office," the Governor orders him to be discharged at the end of his leave. The Surveyor General, whilst regretting the loss of NG A-TS'ÜN's services, and stating that NG A-TS'ÜN has ever been of the greatest assistance, especially as a translator of technical documents of the utmost importance, recommends that compensation be given to NG A-TS'ÜN for the loss of his situation. The Governor, however, denies that any compensation can be claimed, and orders another Interpreter to be found. The Registrar General, Mr. C. C. SMITH, then reports that he cannot find a properly qualified man at that rate of salary" and recommends certain arrangements based on an increase of salary as a make-shift. On 7th February 1870 (C.S.O. No.404 of 1870) NG A-TS'ÜN petitions again pleading "for pity," but asks at the same time "for the regulation leave of absence in the following terms:-
24
your
"For six years' service your Petitioner has had four months' leave. Now according to the English regulations, for every six years' service twelve months' leave of absence are allowed, so "Petitioner is still entitled to eight months in addition to the four months' leave of absence he has "already enjoyed."
There can be no doubt that the Petitioner here referred to the Pension Minute of 1862 and thought himself entitled to be treated as any other public servant. His request to be allowed six months' leave of absence, coupled with the promise to resign his post if not restored to health by the end of that time, was reported on by the Registrar General, Mr. C. C. SMITH, who recommends "a bonus of one month's pay for each year of service" to be given him "in compensation for rather summary dismissal." Thereupon the Governor writes the following important Minute----
"I deny right of Petitioner to obtain anything, and do not regard the Regulations devised for foreigners, unsuited to the trials of this climate, as intended for the natives of this country. A year's "leave in six would be a ridiculous privilege for a Chinese public servant. I at least am not prepared to grant it. I also contend that the rule as to a bonus of a month's pay for every year's service, 'although an incentive to good conduct, is not quite applicable to Chinese Employés. I shall refer "this subject, as the principle is very important, to the Secretary of State. Meanwhile, as Petitioner "has borne a good character, I will take the responsibility of granting him a bonus of $100.
(Signed)
R. G. MACDONNELL.
"9th February, 1870."
It is very unfortunate that Sir RICHARD MACDONNELL, though recognizing the importance of the principle involved, never referred the matter to the Secretary of State. For, the action he took in this case was henceforth looked upon by the subordinate Civil Servants as having the approval of the Imperial Government. NG A-TS'ÜN, a British subject of Chinese descent, whose ancestors had for centuries resided in Hongkong, was thus made an example of for daring to consider himself a Civil Servant to all intents and purposes, and a lesson had been taught, especially to Chinese Interpreters, rare as they were, which they were not slow to act upon. All the best Chinese Interpreters then in the Service left within the next five years. Some of them entered the Chinese Government Service, others the Chinese Customs, others went into business, one (Mr. CHUN A-YIN) became a journalist, and one (Mr. NG CHor) became eventually a Barrister of Lincoln's Inn and is now an unofficial Member of Council. But besides driving the best Interpreters out of the service, Sir RICHARD's action caused the best Chinese talent in the Colony to refrain from entering the Civil Service, as the case of Mr. CHUN A-YIN proves, who, years after he had left the Service, was specially invited to re-join the Service by Mr. now Sir JOHN POPE HENNESSY, and who declined, preferring to accept an appointment offered to him by the Chinese Government as Consul General for Cuba.
Dec.
212
*(2)
As regards the Chinese and Indians, it will be seen from the cases of No FOONG-SHAN and IBRAHIM, presently to be cited, that the Chinese considered themselves entitled, and that the Indians were, at least by the Head of a Department, likewise supposed entitled to come under the provisions of the Pension Minute. The Governor, indeed, has it specially enjoined upon him by the Royal Instructions to make no distinction of race among Her Majesty's subjects. But that even the officers of the Colony next to the Governor, as well as the Secretary of State for the Colonies and the Lords Commissioners of the Treasury, likewise never thought, at the time, of excluding any public servant otherwise coming within the terms of the Minute on the ground of his being an Asiatic, is made clear by the case of NO FOONG-SHAN.
Case of NG FUNG-SHAW.
1863. On 29th April 1863, the Acting Registrar of the Supreme Court, instructed by the Acting Chief Justice, writes to the Acting Colonial Secretary transmitting a petition from NG FOONG- SHAN, Chinese Shroff and Clerk to the Supreme Court, praying for leave to retire from the service "with a pension," and submits the application on his behalf "for the favourable consideration of His Excellency" the Acting Governor. There is a Minute on the document in pencil, in the handwriting of the late Mr. ALEXANDER, then Acting Colonial Secretary, which runs as follows:---
"By 7th Clause of Pension Minute it would seem that no l'ension can be granted but by Her "Majesty's Government. So that the question would have to be referred home."
Accordingly, the Acting Governor in his Despatch No. 102 (Financial) of 12th May 1863, to the Duke of NEWCASTLE, forwarding the application "together with the certificates required by Clause 8 of the Pension Minute," recommends the application for favourable consideration, and adds the following important remarks :--
"I deem it right to observe that NG FOONG-SHAN has never been under superannuation abate- "ments. I do not know why, but it appears to have been the rule with regard to all the Chinese "Government Employés. It have been that their salaries were considered too small to allow of
any deduction from them."
16
may
It is important to note, therefore, that NG FOONG-SPAN was under the same rule as all the other Chinese Government Employés, as it will be found further on that, many years after the foregoing despatch was written, it was represented to the Secretary of State (the Earl of KIMBERLEY) that the case of NG FOONG-SHAN was a special one. The truth is that the case of No FOONG-SILAN differs in no essential from that of any other applications for pension or gratuity made by Chinese Civil Servants in Hongkong. Nor can there be any doubt but that the case of NG FOONG-SILAN was considered both here and by the Anthorities in England as coming under the provisions of the Pension Minute. For, in reply to the foregoing Despatch, the Secretary of State (Duke of NEWCASTLE) informs the Governor (Despatch No. 103 of 5th August 1863) that the Lorda Commissioners of the Treasury approve of a superannuation allowance to NG FOONG-SILAN, and adds :--
"I have to instruct you for the future to submit all cases of superannuation or gratuity upon a printed form similar to that which accompanied my predecessor's Circular Despatch of 3rd May 1859."
Nothing can be clearer than that any idea of Asiatic Civil Servants in Hongkong being excluded from the benefits of the Pension Minute, or their applications being viewed as special cases, was entirely foreign to the Chinese Civil Servants of Hongkong, as well as to the Colonial and Imperial Governments. The case of No FOONG-SHAN, So far from being a special case, is an ordinary typical case, and the grant of a pension to NG FOONG-SIAN recommended by the Local and approved by the Imperial Government, naturally impressed all the Chinese Civil Servants of the Colony with the notion that they were not excluded from the benefits of the Pension Minute.
3. Exclusion of Chinese. Case of Ng A-ts'ün.
1870.
But this fond belief, as is not surprising, soon led a Chinese Civil Servant of less than 10 years' standing to take advantage of the provisions of the Minute, not merely with reference to pension, but regarding leave of absence, and thus he brought upon himself bitter disillusion. As this case throws light not only on the pension question, but also on the vexed question of securing a proper staff of Interpreters, I give all the details and follow up this case at once to its final issue somewhat out of the chronological order of this essay.
Case of Ng A-ty liv.
1870.
(3)
One No A-TS'ÜN, a native of Wong-nai-ch'ung (Hongkong) and therefore a British subject, Clerk and Interpreter to the Surveyor General, had been in the service, on the Fixed Establish- ment, for six years, on a salary of $32 a month. On 14th January 1870, he produced a sick certificate from the Colonial Surgeon recommending him to have two weeks' sick leave, and accordingly he applied for a fortnight's leave. In forwarding his application, the Surveyor General, Mr. MOORSOM, remarks thai NG ATS'ÜN has only lately returned from leave of absence. The Governor, Sir RICHARD MACDONNELL, thereupon grants the application, but on eliciting from the Colonial Surgeon, Dr. MURRAY, a further state- ment to the effect that NG A-TS'ÜN is "suffering from pulmonary consumption and not likely to be ever completely restored to health or efficiency in bis office," the Governor orders him to be discharged at the end of his leave. The Surveyor General, whilst regretting the loss of NG ATS'ÜN's services, and stating that No A-TS'UN has ever been of the greatest assistance, especially as a translator of technical documents of the utmost importance, recommends that compensation be given to No Ars'ün for the loss of his situation. The Governor, however, denies that any compensation can be claimed, and orders another Interpreter to be found. The Registrar General, Mr. C. C. SMITH, then reports that he cannot find a properly qualified man at that rate of salary" and recommends certain arrangements based on an increase of salary as a make-shift. On 7th February 1870 (C.S.O. No. 404 of 1870) NG A-rs'ÜN petitions again pleading "for pity," but asks at the same time "for the regulation leave of absence in the following terms:-
24
your
"For six years' service your Petitioner has had four months' leave. Now according to the En-
that "glish regulations, for every six years' service twelve months' leave of absence are allowed, so "Petitioner is still entitled to eight months in addition to the four months' leave of absence he has "already enjoyed.”
Jhatka H. and the be There can be no doubt that the Petitioner here referred to the Peusion Minute of 1862 and thought himself entitled to be treated as any other public servant. His request to be allowed six months' leave of absence, coupled with the promise to resign his post if not restored to health by the end of that time, was reported on by the Registrar General, Mr. C. C. Surrn, who recommends "a bonus of one month's pay for cach year of service" to be given him "in compensation for rather summary dismissal." Thereupon the Governor writes the following important Minute ----
"I deny right of Petitioner to obtain anything, and do not regard the Regulations devised for foreigners, mused to the trials of this climate, as intended for the natives of this country. A year's "leave in six would be a ridiculous privilege for a Chinese public servant. I at least am not prepared to grant it. I also contend that the rule as to a bonus of a month's pay for every year's service, 'although an incentive to good conduct, is not quite applicable to Chinese Employés. I shall refer "this subject, as the principle is very important, to the Secretary of State. Meanwhile, as Petitioner "has borne a good character, I will take the responsibility of granting him a bonus of $100.
(Signed)
R. G. MACDONNELL.
"9th February, 1870.”
It is very unfortunate that Sir RICHARD MACDONNELL, though recognizing the importance of the principle involved, never referred the matter to the Secretary of State. For, the action be took in this case was henceforth looked upon by the subordinate Civil Servants as having the approval of the Imperial Government. NG A-TS'ÜN, a British subject of Chinese descent, whose ancestors had for centuries resided in Hongkong, was thus made an example of for daring to consider himself a Civil Servant to all intents and purposes, and a lesson had been taught, especially to Chinese Interpreters. rare as they were, which they were not slow to act upon, All the best Chinese Interpreters then in the Service left within the next five years. Some of them entered the Chinese Government Service, others the Chinese Customs, others went into business, one (Mr. CHUN A-YIN) became a journalist, and one (Mr. NG Cnor) became eventually a Barrister of Lincoln's Inn and is now an unofficial Member of Council. But besides driving the best. Interpreters out of the service, Sir RICHARD's action caused the best Chinese talent in the Colony to refrain from entering the Civil Service, as the case of Mr. CHUN A-YIN proves, who, years after he had left the Service, was specially invited to re-join the Service by Mr. now Sir JOHN POPE HENNESSY, and who declined, preferring to accept an appointment offered to him by the Chinese Government as Consul General for Cuba.
Dec.
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