214
(6)
"It will be necessary for your Petitioner to present himself monthly in order to receive the pension: this will not only be attended with expense, but as your Petitioner gets older and less able to move about, he may not be able to present himself at all.”
Disregarding the Petitioner's reasonable complaint of this unwarranted condition appended to the pension, which indeed vitiated its value, the Executive Council steps in again on 16th May 1872, and votes "a gratuity to CHEUNG A-LAM in lieu of pension." There is no record of the case having ever been reported to the Secretary of State.
Case of FAN A-KO, 1872. The next case on record (C.S.O. No. 2910 of 30th September 1872) is that of a Chinese Master of the Central School, FAN A-KO, who applies under date of 18th September 1872, and in spite of the practice so successfully established by Mr. C. C. SMITH and Sir RICHARD MACDONNELL, asks in a neatly written English letter "for a pension or a bonus" on resigning his office. But the case is settled, in the temporary absence of the Head Master, Dr. STEWART, from the Colony on sick leave, in a summary way, by a Resolution of the Executive Council, on 27th September 1872, accepting the resignation and awarding "a gratuity of one month's pay for each complete year of service." So far, therefore, the practice, established for the first time in 1870, of setting aside the provisions of the Pension Minute in the case of Asiatic Civil Servants of the Colony, had been continued for two years without reference to the Secretary of State, and the rule adopted of giving in lieu of pension a gratuity equal to one month's pay for every year of service, by applying to Chinese and Indian Civil Servants, irrespective of their term of service, Clause 18 of the Pension Minute, which, as Sir RICHARD MACDONNELL stated, is quite inapplicable to them as such, for it runs as follows:-
"Should the time of service not warrant the assignment of an annual allowance, a gratuity may be granted after the rate of one month's salary for each year of service."
The time of service, here referred to, which would warrant the assignment of an annual allowance or pension is, in Clause 2 of the same Pension Minute, stated to be "ten years and upwards."
Two points must be noted. First, in the only case in which the Legislative Council was consulted during this same period, the rule established by Sir RICHARD MACDONNELL was set aside and a special pension voted in lieu of the gratuity which had actually been applied for. Secondly, in spite of the plainly shown determination of the Executive to give no pensions to Asiatics, the latter continued to consider themselves entitled to pensions under the provisions of the Pension Minute of 1862,
6. Exclusion of Chinese reported to Secretary of State. Case of Fan A-wye. 1873,
Case of FAN A-WYE, 1873. The next case on record (C.S.O. No. 1284 of 1873) is that of FAN A-WYE, Chinese Clerk and Interpreter to the Registrar General and Editor of the Chinese issue of the Government Gazette. He had faithfully and meritoriously served eleven continuous years, and held a special certificate from Sir RICHARD MACDONNELL, stating that he had been employed on various confidential services, which he always performed with intelligence, zeal and fidelity to the British Government. He did not wish to retire from the Service, as I know from his own lips, but advantage was taken of his having been ill, and he was told he had better retire. Accordingly, on 30th April, the Registrar General (Mr. TONNOCHY) reports regarding FAN A-WYE as follows :—
"He has been very ill lately and feels himself that he is no longer fit for office work. I would therefore recommend that he be allowed to retire either on a pension or receiving a gratuity of one month's pay for each year of service. He himself would prefer the latter."
It is noteworthy that the Registrar General in this letter maintains the notion that FAN À-WYE might receive a pension. The reason why FAN A-WYE preferred a gratuity was, as I was told by him at the time, that, finding he had to retire, he preferred to enter the Chinese Government Service, which he actually did immediately after receiving his gratuity, and in which case a pension would not have been convenient. Mr. FAN A-WYE's own application in the matter is instructive, as it expresses no wish to retire, but rather hints the contrary, and throws some light on the position and functions of the best Interpreter then in the service. I give it therefore in full.
(7)
- REGISTRAR GENERAL'S OFFICE,
"Hongkong, 26th April, 1873,
* SIR,-In pursuance of your request I herewith beg to state, that
"1. I first joined the service of the Government on 10th February 1862, as Chinese Clerk and Interpreter at the Colonial Secretary's Office, being chiefly employed on the Chinese Government Gazette;
"2. In December 1864, I was transferred as Clerk and Interpreter to the Registrar General's office, where I was employed in translating the Gazette, keeping the Amahs', Chairs', and Squatters' registers and performing other duties;
64
"3. During the whole term of my service, I received a monthly salary of sixty dollars, having never applied for increase of the same;
"4. I have had leave of absence, during the whole term of my service, of three months and odd days ordinary leave of absence, and one month and ten days sick leave, giving a total of between four and five months,
(Signed)
“FAN A-WYE.”
Mr. FAN A-WYE was stated to be suffering from consumption and unfit for further service, and the Registrar General, Mr. TONNOCHY, reports regarding FAN A-WYE, that since 1864 his post has been a very responsible one and entailing a large amount of work." The case was laid before the Executive Council, which resolved, on 13th May 1873, "that the Legislative Council be invited to vote $660 as a gratuity to FAN A-WYE, which amount is calculated at the rate of one month's pay for each complete year of service." This gratuity was accordingly voted by the Legislative Council on 27th May 1873, and Sir ARTHUR KENNEDY reported the vote (Despatch No. 129 of 6th June 1873) to the Secretary of State in the following terms:—
"As in other similar cases of Chinese Employés of the Government, it has been deemed advisable to grant a gratuity rather than a pension, and this has been calculated at the ordinary rate of one month's pay for each complete year of service.”
In reply to this Despatch the Earl of KIMBERLEY writes (Despatch No. 115 of 7th August 1873) to say that he does "not understand how such a distinction has arisen," and requests the Governor to specify the precedents to which he alludes and to furnish a "report on the reasons for drawing this distinction as to the pensions between Chinese and other Servants of the Colonial Government,” adding that "if valid reasons exist for maintaining it, the Hongkong Pension Minute ought to be altered, but as it at present stands, it appears to me that FAN A-WYE should have a pension of $192 per annum, instead of the gratuity of $660.”
A report was accordingly prepared by Mr. C. C. SMITH and literally adopted by Sir ARTHUR KENNEDY in Despatch No. 216 of 8th October 1873. It is here argued that for the last ten years, in no instance except that of NG FOONG-SHAN, had a pension been voted to a Chinese, and then “apparently on special grounds, as his case did not come within the provisions of the Pension Minute." That this statement, however, is not quite correct, that another pension had been voted to CHEUNG A-LAM, and Sir ARTHUR KENNEDY then proceeds to state that he simply followed what he found to be the practice of this Government, and that this practice is just and reasonable. Some paragraphs of this Despatch require quoting in full.
§4. "It seemed doubtless to my predecessor, as it has appeared to me, wholly unjust and inexpedient to place on the same footing as regards pensions those who are natives of China and India and those who have left their homes thousands of miles away to work in a climate very different to that of their own country and in course of time very injurious to their constitutions.
$7. "As a whole, therefore, whether it be as a matter of justice to the European Civil Servants, or as a matter of convenience or desideration to the Chinese Employés, I would strongly recommend that the granting of a pension to the latter be the exception, but that of a gratuity the rule which should be adopted.
Dec.
214
(6)
"It will be necessary
for your Petitioner to present himself monthly in order to receive the pen- "sion: this will not only be attended with expense, but as your Petitioner gets older and less able to
move about, he may not be able to present himself at all.”
iC
Disregarding the Petitioner's reasonable complaint of this unwarranted condition appended to the pension, which indeed vitiated its value, the Executive Council steps in again on 16th May 1872, and votes "a gratuity to CHEUNG A-LAM in lieu of pension." There is no record of the case having ever been reported to the Secretary of State.
Case of FAN A-KU, 1972. The next case on record (C.S.O. No. 2910 of 30th September 1872) is that of a Chinese Master of the Central School, FAN A-KO, who applies under date of 18th September 1872, and in spite of the practice so successfully established by Mr. C. C. SMITH and Sir RICHARD MACDONNELL, asks in a neatly written English letter "for a pension or a bonus" on resigning his office. But the case is settled, in the temporary absence of the Head Master, Dr. STEWART, from the Colony on sick leave, in a summary way, by a Resolution of the Executive Council, on 27th September 1872, accepting the resignation and awarding "a gratuity of one month's pay for each complete year of service." So far, therefore, the practice, established for the first time in 1870, of setting aside the provisions of the Pension Minute in the case of Asiatic Civil Servants of the Colony, had been continued for two years without reference to the Secretary of State, and the rule adopted of giving in lieu of pension a gratuity equal to one month's pay for every year of service, by applying to Chinese and Indian Civil Servants, irrespective of their term of service, Clause 18 of the Pension Minute, which, as Sir RICHARD MACDONNELL stated, is quite inapplicable to them as such, for it runs as follows:-
"Should the time of service not warrant the assignment of an annual allowance, a gratuity may be granted after the rate of one month's salary for each year of service."
The time of service, here referred to, which would warrant the assignment of an annual allowance or pension is, in Clause 2 of the same Pension Minute, stated to be "ten years and upwards."
Two points must be noted. First, in the only case in which the Legislative Council was consulted during this same period, the rule established by Sir RICHARD MACDONNELL was set aside and a special pension voted in lieu of the gratuity which had actually been applied for. Secondly, in spite of the plainly shown determination of the Executive to give no pensions to Asiatics, the latter continued to consider themselves entitled to pensions under the provisions of the Pension Minute of 1862,
6. Exclusion of Chinese reported to Secretary of State. Case of Fan A-wye. 1873,
Case of Fax A-wYE, 1878. The next case on record (C.S.O. No. 1284 of 1873) is that of FAN A-WYE, Chinese Clerk and Interpreter to the Registrar General and Editor of the Chinese issue of the Government Gazette. He had faithfully and meritoriously served eleven continuous years, and held a special certificate from Sir RICHARD MACDONNELL, stating that he had been employed on various confidential services, which he always performed with intelligence, zeal and fidelity to the British Government. He did not wish to retire from the Service, as I know from his own lips, but advantage was taken of his having been ill, and he was told he had better retire. Accordingly, on 30th April, the Registrar General (Mr. TONNOCHY) reports regarding FAN A-WYE as follows :—
"He has been very ill lately and feels himself that he is no longer fit for office work. I would "therefore recommend that he be allowed to retire either on a pension or receiving a gratuity of one "mouth's pay for each year of service. He himself would prefer the latter."
It is noteworthy that the Registrar General in this letter maintains the notion that FAN À-WYE might receive a pension. The reason why FAN A-WYE preferred a gratuity was, as I was told by him at the time, that, finding he had to retire, he preferred to enter the Chinese Government Service, which he actually did immediately after receiving his gratuity, and in which case a pension would not have been convenient. Mr. FAN A-WYE's own application in the matter is instructive, as it expresses no wish to retire, but rather hints the contrary, and throws some light on the position and functions of the best Interpreter then in the service. I give it therefore in full.
i
(7)
- REGISTRAR GENERAL'S OFFICE,
"Hongkong, 26th April, 1873,
* SIR,-In pursuance of your request I herewith beg to state, that
"1. I first joined the service of the Government on 10th February 1862, as Chinese Clerk and "Interpreter at the Colonial Secretary's Office, being chiefly employed on the Chinese Government "Gazette;
"2. In December 1864, I was transferred as Clerk and Interpreter to the Registrar General's office, "where I was employed in translating the Gazette, keeping the Amahs', Chairs', and Squatters' registers "and performing other duties;
64
"3. During the whole term of my service, I received a monthly salary of sixty dollars, having never applied for increase of the same;
"4. I have bad leave of absence, during the whole term of my service, of three months and odd 'days ordinary leave of absence, and one month and ten days sick leave, giving a total of between "four and five months,
+
Iain, &c.
(Signed)
“FAN A-WYE.”
Mr. FAN A-WYE was stated to be suffering from consumption and unfit for further service, and the Registrar General, Mr. TONNOCHY, reports regarding FAN A-WYE, that since 1864 his post has been The case was laid before the Executive a very responsible one and entailing a large amount of work." Council, which resolved, on 13th May 1873, "that the Legislative Council be invited to vote $660 as pay for each complete a gratuity to FAN A-WYE, which amount is calculated at the rate of one month's year of service." This gratuity was accordingly voted by the Legislative Council on 27th May 1873, and Sir ARTHUR KENNEDY reported the vote (Despatch No. 129 of 6th June 1873) to the Secretary of State in the following terms:—
"As in other similar cases of Chinese Employés of the Government, it has been deemed advisable "to grant a gratuity rather than a pension, and this has been calculated at the ordinary rate of one "month's pay for each complete year of service.”
In reply to this Despatch the Earl of KIMBERLEY writes (Despatch No. 115 of 7th August 1873) to say that he does "not understand how such a distinction has arisen," and requests the Governor to specify the precedents to which he alludes and to furnish a "report on the reasons for drawing this distinction as to the pensions between Chinese and other Servants of the Colonial Government,” adding that "if valid reasons exist for maintaining it, the Hongkong Pension Minute ought to be altered, but as it at present stands, it appears to me that FAN A-WYE should have a pension of $192 per annum, instead of the gratuity of $660.”
A report was accordingly prepared by Mr. C. C. SMITH and literally adopted by Sir ARTHUR KENNEDY in Despatch No. 216 of 8th October 1873. It is here argued that for the last ten years, in no instance except that of NG FOONG-SHAN, had a pension been voted to a Chinese, and then “apparently on special grounds, as his case did not come within the provisions of the Pension Minute." That this statement, however, is not quite correct, that another pension had been voted to CHEUNG A-LAM, and Sir ARTHUR KENNEDY that NG FOONG-SHAN's case was not a special one, is sufficiently shown above. then proceeds to state that he simply followed what he found to be the practice of this Government, and that this practice is just and reasonable. Some paragraphs of this Despatch require quoting in full.
§4. "It seemed doubtless to my predecessor, as it has appeared to me, wholly unjust and "inexpedient to place on the same footing as regards pensions those who are natives of China and India and those who have left their homes thousands of miles away to work in a climate very “different, to that of their own country and in course of time very injurious to their constitutions.
$7. "As a whole, therefore, whether it be as a matter of justice to the European Civil Servants, or as a matter of convenience or desideration to the Chinese Employés, I would strongly recommend "that the granting of a pension to the latter be the exception, but that of a gratuity the rule which "should be adopted.
Dec.
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