213
X.
(4).
Mr. NG A-TS'UN's case affords, however, some further lessons. Having been summarily dismissed with a trifling bonus and made an example of for daring to consider himself a public servant on a footing equal to that of Asiatic born Portuguese and of European officers in the Government Service, there was nothing to hinder his re-employment as a sadder and humbler individual. Accordingly, we find (C.S.O. No. 2766 of 1870) that the Surveyor General, Mr. MOONSON, on reporting, on 26th October 1870, the absconding of the Fourth European Clerk in his office, recommends that Mr. CH'AN A-FUK, who had taken NG A-TS'UN's place since the latter's dismissal, be promoted to be Fourth Clerk, and that the vacancy thus created be filled by receiving into the service again Mr. NG A-TS'UN, "who was compelled to leave the service on account of his health and is nearly well again." The Colonial Surgeon also certifies, on being requested by the Colonial Secretary to do so, that NG A-TS'UN might be re-employed, and accordingly the Colonial Secretary approves, "By Command," of his resuming his post from 1st November 1870.
Mr. NG A-TS'UN, having before him the fact of Mr. CH'AN A-FUK being appointed Fourth Clerk, entered the service again, but as during the next eight years no further possibility of promotion appeared, he resigned (C.S.O. No. 1044 of 1878) in 1878, and the Acting Surveyor General, Mr. BOWDLER, explains that "his only reason for leaving the service is that he has found more lucrative employment elsewhere," viz., employment in the Chinese Government Service, which he entered forthwith and in which he is to the present day. On the occasion of Mr. NG A-TS'UN's resignation, the Surveyor General, Mr. PRICE, drew some of the lessons we may derive from this case in the following Minute of 20th May 1878:
The contemplated resignation of Mr. NG A-TSUN is a misfortune to the Survey Department "which it must feel for some years to come, owing to the impossibility of finding a substitute possessing the technical knowledge which the post exacts.... A loss of services such as these brings home somewhat painfully the expediency of some administrative reform by which it might be possible to retain in Government employ old and deserving officers, and I hope His Excellency may some day be disposed to cause inquiry by Royal Commission or otherwise into the best means of establishing the Civil Service, especially in the minor appointments, on a more satisfactory basis." This Minute, besides showing the need of reform, bears out my previous assertion that Sir RICHARD MACDONNELL'S action in excluding Chinese from the full status of public servants tended to cause the best Interpreters to leave the service and to keep others from joining it. Six months before Mr. BOWDLER and Mr. PRICE called attention to the loss the Survey Department sustained by the resignation of Mr. NG A-TS'UN, the general question evolved in the treatment of the native Officials was thus stated to the Legislative Council by Sir JOHN POPE HENNESSY in November 1877:
"I need not dwell at this moment on the primary necessity of our securing a proper system of Interpretation. In connection with this, there is one change I notice going on in our Official staff which gives me a good deal of apprehension, and that is that the best trained of our Chinese Clerks are going away from us. It was only the other day a Chinese Clerk came into my room to wish me good-bye. He was to receive a salary from the Japanese Government three times greater than we gave him. We are losing year by year our best English speaking Chinese Clerks. It is a matter we must carefully consider. If we have to give large salaries, we must face that, and endeavour to keep in Hongkong gentlemen who are really of use to the Government."
4. Exclusion of Indians. Case of Ibrahim. 1872.
To return however to the pension question, Sir RICHARD MACDONNELL, not satisfied with excluding all Chinese public servants of the Colony from the benefits of the Pension Minute, consistently proceeded in 1872 to apply the same arguments to Indian Civil Servants of the Colony.
Case of LEMARIN, 1879. In January 1872 (C.S.O. No. 48 of 11th January 1872) the Acting Harbour Master, Mr. CAIRNS, recommends a pension to be given to an Indian Interpreter, IBRAHIM, who had given the Colonial Government a continuous meritorious service of twenty-five years. The Executive Council having on 25th January 1872 resolved that "whatever reward be given to him, be not in form of a pension," the case was referred to Mr. C. C. SMITH for a report, who, in accordance with the practice he himself had initiated for the first time in the case of NG A-TS'UN in 1870 (see above), now states boldly:
(5)
"The ordinary way of dealing with such cases is to award on retiring a month's pay for each year of service as a gratuity."
This report, although based on an unwarranted application of Clause 18 of the Pension Minute of 1862, which refers only to cases of less than ten years' service, was formally adopted by the Executive Council on 5th February 1872, and a gratuity was accordingly given instead of a pension to IBRAHIM, a British subject, but unfortunately an Indian, who had faithfully served as Interpreter for 25 years.
It is significant that in a Minute on the same document, Mr. DEANE, the Captain Superintendent of Police, reports "great scarcity of Indian Interpreters," under date of 5th February 1872, and it is not to be wondered at that from that time to the present day the complaints as to the want of ordinary competent Interpreters have been unceasing.
1972.
5. Exclusion of Chinese established in practice. 1872.
Case of CHEUNG A-LAM. The next case, bearing on the question of pensions, is that of a Chinese Porter, CHEUNG A-LAM (C.S.O. No. 990 of 4th April 1872), who applied for a gratuity on retirement from the service, and to whom, on account of specially meritorious service, the Legislative Council voted, on 29th April 1872, "a special pension equal to his full pay from 1st May 1872."
The case is so instructive that I cannot forbear quoting the details as to what transpired at that Council Meeting, from the Report of the Hongkong Daily Press of 30th April 1872.
The next vote was one of $630 as a gratuity to CHEUNG A-LAM, porter at the Government Offices, on retiring from the Government service. CHEUNG A-LAM's petition set forth that he entered the Government service in September 1843, and had thus served 28 years and 7 months; and that during the troubles in Hongkong, when all the Chinese left the employ, only he and another man remained. The usual practice was to give them a gratuity of a month's pay for every year of service, and this man had for some time been receiving $15 per month.
Sir RICHARD MACDONNELL'S note on the petition was a recommendation to increase the amount by 50 per cent., a recommendation which was approved by the Executive Council.
His Excellency (Sir ARTHUR KENNEDY) asked whether there was any further pension. The Acting Colonial Secretary (Honourable C. C. SMITH) said there was no pension. Honourable Mr. RYRIE said he would rather give him a pension, because he might lose this money and be without means.
His Excellency thought that would be a very probable result.
The Acting Colonial Secretary said that to give this man a pension would be to make his an exceptional case, as it was not the practice to place the Chinese employés on a footing with other Government servants.
His Excellency (Sir ARTHUR KENNEDY) said if the object was to place the old man beyond the reach of future want, he should lean to giving him a pension.
Mr. RYRIE and the Acting Chief Justice (Honourable H. BALL) concurred.
His Excellency then put the matter to the vote in the form of three questions:-(1) Shall the question be entertained at all? (Proposed and carried that it should be entertained.) (2) Shall it be a pension or a gratuity? (Proposed and carried that it be a pension.) (3) What amount? (Proposed and carried that he receive his full pay.)
It is curious to observe how entirely the fact that NG FUNG-SHAN'S pension was a strong precedent in favour of pensions for Chinese Employés had sunk into oblivion, and how readily the assertion of the existence of a "practice" not to place Chinese Employés on the same footing as other Government servants was accepted unchallenged without a question being asked as to whether the practice was of long standing or whether it had received the sanction of Her Majesty's Government.
This is certainly a special case in every respect. For, having been voted a full pay pension, the Pensioner applies, on 13th May 1872, for a gratuity in lieu of the pension. This case was no doubt subsequently viewed as typical, but the reason for the man's preferring a gratuity to a pension was probably overlooked. He gives a good reason indeed, for it appears from his petition that he had been told...
213
+
X.
(4).
Mr. No A-rs'ÜN's case affords, however, some further lessons. Having been summarily dismissed with a trifling bonus and made an example of for daring to consider himself a public servant on a footing equal to that of Asiatic born Portuguese and of European officers in the Government Service, there was nothing to hinder his re-employment as a sadder and humbler individual. Accori- ingly, we find (C.S.O. No. 2766 of 1870) that the Surveyor General, Mr. Moonsoм, on reporting, on 26th October 1870, the absconding of the Fourth European Clerk in his office, recommends that Mr. CH'AN A-FUK, who had taken No A-TS'UN's place since the latter's dismissal, be promoted to be Fourth Clerk, and that the vacancy thus created be filled by receiving into the service again Mr. NG A-TS'UN, "who was compelled to leave the service on account of his health and is nearly well again." The Colonial Surgeon also certifies, on being requested by the Colonial Secretary to do so, that NG A-TS'UN might be re-employed" and accordingly the Colonial Secretary approves, "By Command,” of his resuming his post from 1st November 1870,
f
Mr. No A-TS'ÜN, having before him the fact of Mr. CH'AN A-FUK being appointed Fourth Clerk, entered the service again, but as during the next eight years no further possibility of promotion appeared, he resigned (C.S.O. No. 1044 of 1878) in 1878, and the Acting Surveyor General, Mr. BOWDLER, explains that "his only reason for leaving the service is that he has found more lucrative employment elsewhere," viz., employment in the Chinese Government Service, which he entered forth- with and in which he is to the present day. On the occasion of Mr. NG A-TS'ÜN's resignation, the Surveyor General, Mr. PRICE, drew some of the lessons we may derive from this case in the following Minute of 20th May 1878:-
The contemplated resignation of Mr. No A-TSUN is a misfortune to the Survey Department "which it must feel for some years to come, owing to the impossibility of finding a substitute pos-
sessing the technical knowledge which the post exacts....
A loss of services such as these
brings home somewhat painfully the expediency of some administrative reform by which it might be 'possible to retain in Government employ old and deserving officers, and I hope His Excellency may "some day be disposed to cause inquiry by Royal Commission or otherwise into the best means of
establishing the Civil Service, especially in the minor appointments, on a more satisfactory basis." This Minute, besides showing the need of reform, bears out my previous assertion that Sir RICHARD MACDONNELL'S action in excluding Chinese from the full status of public servants tended to cause the best Interpreters to leave the service and to keep others from joining it. Six months before Mr. Boy OLER and Mr. PRICE called attention to the loss the Survey Department sustained by the resignation of Mr. NG A-TS'ÜN, the general question evolved in the treatment of the native Officials was thus stated to the Legislative Council by Sir JOHN POPE HENNESSY in November 1877:-
"I need not dwell at this moment on the primary necessity of our securing a proper system of Interpretation. In connection with this, there is one change I notice going on in our Official staff "which gives me a good deal of apprehension, and that is that the best trained of our Chinese Clerks "are going away from us. It was only the other day a Chinese Clerk came into my room to wish me good-bye. He was to receive a salary from the Japanese Government three times greater than we gave him. We are losing year by year our best English speaking Chinese Clerks. It is a matter "we must carefully consider. If we have to give large salaries, we must face that, and endeavour to
'keep in Hongkong gentlemen who are really of use to the Government.”
A
4. Exclusion of Indians. Case of Ibrahim. 1872.
To return however to the pension question, Sir RICHARD MACDONNELL, not satisfied with excluding all Chinese public servants of the Colony from the benefits of the Pension Minute, con- sistently proceeded in 1872 to apply the same arguments to Indian Civil Servants of the Colony.
Case of LEMARIN, 1979. In January 1872 (C.S.O. No. 48 of 11th January 1872) the Acting Harbour Master, Mr. CAIRNS, recommends a pension to be given to an Indian Interpreter, IBRAHIM, who had given the Colonial Government a continuous meritorious service of twenty-five years. The Executive Council having on 25th January 1872 resolved that "whatever reward be given to him, be not in form of a pension," the case was referred to Mr. C. C. SMITH for a report, who, in accordance with the practice he himself had initiated for the first time in the case of No Ars'ün in 1870 (see above), now states boldly:
(5)
"The ordinary way of dealing with such cases is to award on retiring a month's pay for each year of service as a gratuity."
This report, although based on an unwarranted application of Clause 18 of the Pension Minute of 1862, which refers only to cases of less than ten years' service, was formally adopted by the Executive Council on 5th February 1872, and a gratuity was accordingly given instead of a pension to IBRAHIM, a British subject, but unfortunately an Indian, who had faithfully served as Interpreter for 25 years.
It is significant that in a Minute on the same document, Mr. DEANE, the Captain Superintendent of Police, reports "great scarcity of Indian Interpreters," under date of 5th February 1872, and it is not to be wondered at that from that time to the present day the complaints as to the want of ordinary competent Interpreters have been unceasing.
1972.
5. Exclusion of Chinese established in practice. 1872.
Case of CHEUNG A-LAM. The next case, bearing on the question of pensions, is that of a Chinese Porter, CHEUNG A-LAM (C.S.O. No. 990 of 4th April 1872), who applied for a gratuity on retirement from the service, and to whom, on account of specially meritorious service, the Legislative Council voted. on 29th April 1872, "a special pension equal to his full pay from 1st May 1872
apported
The case is so instructive that I cannot forbear quoting the details as to what transpired at that Council Meeting, from the Report of the Hongkong Daily Press of 30th April 1872.
K
The next vote was one of $630 as a gratuity to CHEUNG A-LAM, porter at the Government
· Offices, on retiring from the Government service. CHEUNG A-LAM's petition set forth that he entered "the Government service in September 1843, and had thus served 28 years and 7 months; and that "during the troubles in Hongkong, when all the Chinese left the employ, only he and another man "remained. The usual practice was to give them a gratuity of a month's pay for every year of service, But Sir RICHARD MACDONNELL'S "and this man bad for some time been receiving $15 per month.
note on the petition was a recommendation to increase the amount by 50 per cent., a recommendation "which was approved by the Executive Council.
46
His Excellency (Sir ARTHUR KENNEDY) asked whether there was any further pension. "The Acting Colonial Secretary (Honourable C. C. SMITH) said there was no pension. "Honourable Mr. RYRIE said he would rather give him a pension, because he might lose this money "and be without means.
"His Excellency thought that would be a very probable result.
"The Acting Colonial Secretary said that to give this man a pension would be to make his an 'exceptional case, as it was not the practice to place the Chinese employés on a footing with other Govern-
"ment servants.
"His Excellency (Sir ARTHUR KENNEDY) said if the object was to place the old man beyond the "reach of future want, he should lean to giving him a pension.
"Mr. RYRIE and the Acting Chief Justice (Honourable H. BALL) concurred.
"His Excellency then put the matter to the vote in the form of three questions:-(1) Shall the "question be entertained at all? (Proposed and carried that it should be entertained.) (2) Shall it "be a pension or a gratuity? (Proposed and carried that it be a pension.) (3) What amount? (Pro-
'posed and carried that he receive his full pay.)"
16
It is curious to observe how entirely the fact that NG FUNG-SHAN'S pension was a strong precedent in favour of pensions for Chinese Employés had sunk into oblivion, and how readily the assertion of the existence of a "practice" not to place Chinese Employés on the same footing as other Government servants was accepted unchallenged without a question being asked as to whether the practice was of long standing or whether it had received the sanction of Her Majesty's Government.
This is certainly a special case in every respect. For, having been voted a full pay pension, the Pensioner applies, on 13th May 1872, for a gratuity in lieu of the pension. This case was no doubt subsequently viewed as typical, but the reason for the man's preferring a gratuity to a pension was probably overlooked. He gives a good reason indeed, for it appears from his petition that he bad been told-
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