X
(8)
$8.
"And if this recommendation be adopted by Your Lordship, I would suggest that the gratuity which may be granted should be at the rate of one month's salary for each year of service."
7. Exclusion of Chinese sanctioned conditionally. 1873. Acknowledging the receipt of the foregoing Despatch, the Earl of KIMBERLEY replies (Despatch No. 177 of 22nd December 1873) conditionally approving of the recommendation that Chinese, on their retirement from the public service, should not receive pensions. The words are these:
"I am on the whole inclined, if you are quite satisfied that the Chinese Employés of the Government have not been led to expect pensions, to agree that the existing practice under which gratuities are given in these cases should not be departed from. In that case your proposal as to the gratuity to Mr. FAN A-WYE might be adopted, as also your suggestion that the general rate for these gratuities should be one month's salary for each year of service."
The Earl of KIMBERLEY, in the same despatch, directs also attention to paragraph 2 of the Hongkong Pension Minute, "which appears to hold out to Chinese as well as others complying with its requirements the prospect of a pension," and adds, "this paragraph will apparently require amendment if Chinese Employés of the Government are to be treated exceptionally." He further requires explanations of the three cases which occurred in 1872, which, he says, "do not appear to have been reported to the Secretary of State before the action taken upon them was determined upon: the consequence has been that a practice has been established without due sanction."
It is evident from the tone and wording of the two despatches of the Earl of KIMBERLEY, that the consent of the Secretary of State to the proposed exclusion of Chinese public servants of the Colony from the benefits of the Hongkong Pension Minute was given reluctantly and conditionally and on the strength of incomplete and incorrect representations. And as it is clearly shown above that the Chinese in the Colonial Service did expect to come under the provisions of the Pension Minute, whilst the Earl of KIMBERLEY made the reverse of this the condition for his consent, it follows that the approval of the Secretary of State had been obtained under a misconception. Sir ARTHUR KENNEDY, being evidently misinformed, replied (Despatch No. 32 of 18th February 1874) that he is satisfied the Chinese expected no pensions, and that the omission to report the three cases which occurred in 1872 was an entire oversight.
8. Revision of Pension Minute. No race distinctions sanctioned. 1875 and 1876. The year 1875 marks a new epoch in the history of the pension question. The Superannuation Act of 1875 (Act 38 Vict., Cap. 4) was specially devised for "Civil Servants who have served in unhealthy climates," and although Consuls only were meant to be included under this Act, yet, in forwarding a copy of this Act to the various Colonies, the Earl of CARNARVON (Circular, 14th June 1875) stated his willingness to improve retiring allowances in intertropical Colonies and to apply to them "the scale existing in Ceylon, Hongkong, and the Straits." This was taken up in Hongkong at once as an occasion to urge a revision of the Hongkong Pension Minute, with a view to secure for those Hongkong Civil Servants whom Sir RICHARD MACDONNELL styled "Foreigners" all the advantages of the Consular Service, and at the same time to introduce into the Minute a distinction of race and birthplace by excluding from its benefits the Chinese Employés of the Government. Three memorials were accordingly prepared, one by the Judges, one by the leading Civil Servants, and one by the Cadets.
As regards the Chinese, the despatch (of the then Administrator, Mr. AUSTIN) which forwarded these memorials (No. 110 of 25th August 1875) to the Earl of CARNARVON, then Secretary of State, makes the following recommendation:
"9. There is one other case which should also be provided for in the event of any alteration of the Pension Minute, viz., that of the Chinese Employés, who are practically in their own country; and in respect to these I would suggest that, as a rule, gratuities should be given, and that, in special cases, the pension should be calculated at the English rates for service in England."
Slight reflection ought to have shown that if the argument which underlies this proposition is sound, all the Macao-born and Hongkong-born Civil Servants, that is to say all the Asiatic Portuguese in the service, have to be brought under the same rule, as well as gentlemen like Messrs. Sern, Ball, HAZELAND, WAGNER, SAMPSON and others, who were born in Canton or in Hongkong. In fact, consistent application of the Clause would exclude more than half the Civil Servants at present on the Fixed Establishment of the Colony from the benefits of the Pension Minute, if amended as proposed.
Whether the Earl of CARNARVON objected to this rule in particular or not, does not directly appear, but it is significant that in his reply to the foregoing Despatch and its enclosures (No. 2 of 13th January 1876), whilst giving certain directions for amending the Pension Minute of 1862, the Earl of CARNARVON makes no reference whatever to the proposal made regarding Chinese public servants. He distinctly refused to place the Civil Servants of Hongkong on the same footing as Consular officers; he sanctioned leave of absence on half-pay to count as full service if not exceeding one year in six years, including vacation leave; he allowed Student Interpreters' service to date from date of appointment, under certain conditions; he approved of the Puisne Judge being placed on the same footing as the Chief Justice as regards leave and pension; but he said not a word that could be construed into approval of the proposed distinction of race and birthplace.
Sir ARTHUR KENNEDY having instructed Messrs. BRAMSTON, SNOWDEN and AUSTIN to amend the Pension Minute of 1862 in accordance with the instructions of the Earl of CARNARVON, the amended Draft was forwarded (Despatch No. 60 of 23rd March 1876) to the Secretary of State, who, in reply (Despatch No. 37 of 24th June 1876), gives further directions in detail how to amend this Draft, and again makes no mention whatever of any race-distinctions in connection with pensions. The additional amendments now ordered were as follows:-In rule 16, paragraph 2, the words "on half salary" were to be inserted after the words "absence on leave," and in paragraph 3 the words "without salary or" were to be inserted after the words "absence on leave." Rule 19, paragraph 1, was to end with the words "to count such leave as service," and in paragraph 2 the words "and not subsequently resuming them" were to be inserted after the words "resumption of his duties."
Accordingly, Sir ARTHUR KENNEDY had a new Amended Draft prepared. In this Draft the word above mentioned was omitted. Further, instead of inserting, as directed, in paragraph 2 (of Rule 19) the words "and not subsequently resuming them," the whole paragraph was omitted entirely. If amended as directed, it would have run as follows:
"An officer obtaining extension of leave in England on the ground that his health does not permit of the resumption of his duties, and not subsequently resuming them, will not be entitled to count such extension as service."
Minute Draft of September 1876.
The Amended Draft was however forwarded by Sir ARTHUR KENNEDY (Despatch No. 172 of 5th September 1876) to the Secretary of State under the impression that all the alterations suggested by the Secretary of State had been adopted. Sir ARTHUR KENNEDY merely explains that with a view to more ready reference the additional Pensions Rules (No. 20-26 of the Amended Minute) which were passed in accordance with the proposed Intercolonial Pension Scheme (11th September 1869) have been embodied in the Amended Minute.
9. Question of pensions versus gratuities in the case of Chinese. 1878.
For nearly two years nothing more was heard in Hongkong of this Amended Minute. Sir ARTHUR KENNEDY had been succeeded in 1877 by Mr. now Sir JOHN POPE HENNESSY. The question of pensions versus gratuities having meanwhile been raised in the case of Police Constables, Sir JOHN POPE HENNESSY laid down the following principle (see Government Gazette 1878, p. 430):
"The manifest advantages of having Government Pensioners, among the natives in this Colony and the neighbourhood, are so great that wherever the Law allows I prefer to pension Chinese instead of giving them a lump sum, as the latter practice severs their useful and loyal connection with this Government."
The Law to which this Minute refers is stated in the Police Force Ordinance No. 9 of 1862, Section XII of which runs as follows:
"Whenever any Inspector, Sergeant or Constable, shall have completed the full Term of Service of Ten Years in the Police Force, he shall be entitled, in addition to the Bonus or Passage Money mentioned in Section X., to an Annual Pension of Fifteen Sixtieths of the Annual Pay of his Rank,
Page 215
(9)
1
X
(8)
$8.
"And if this recommendation be adopted by Your Lordship, I would suggest that the "gratuity which may be granted should be at the rate of one month's salary for each
of service." year
7. Exclusion of Chinese sanctioned conditionally. 1873. Acknowledging the receipt of the foregoing Despatch, the Earl of KIMBERLEY replies (Despatch No. 177 of 22nd December 1873) conditionally approving of the recommendation that Chinese, on their retirement from the public service, should not receive pensions. The words are these :---
C+
"I am on the whole inclined, if you are quite satisfied that the Chinese Employés of the Govern- "ment have not been led to expect pensions, to agree that the existing practice under which gratuities are given in these cases should not be departed from. In that case your proposal as to the gratuity "to Mr. FAN A-WYE might be adopted, as also your suggestion that the general rate for these gratuities "should be one month's salary for each year of service."
The Earl of KIMBERLEY, in the same despatch, directs also attention to paragraph 2 of the Hongkong Pension Minute, "which appears to hold out to Chinese as well as others complying with its requirements the prospect of a pension," and adds, "this paragraph will apparently require amend- ment if Chinese Employés of the Government are to be treated exceptionally." He further requires explanations of the three cases which occurred in 1872, which, he says, "do not appear to have been reported to the Secretary of State before the action taken upon them was determined upon: the con- sequence has been that a practice has been established without due sanction."
It is evident from the tone and wording of the two despatches of the Earl of KIMBERLEY, that the consent of the Secretary of State to the proposed exclusion of Chinese public servants of the Colony from the benefits of the Hongkong Pension Minute was given reluctantly and conditionally and on the strength of incomplete and incorrect representations. And as it is clearly shown above that the Chinese in the Colonial Service did expect to come under the provisions of the Pension Minute, whilst the Earl of KIMBERLEY made the reverse of this the condition for his consent, it follows that the approval of the Secretary of State had been obtained under a misconception. Sir ARTHUR KENNEDY, being evidently misinformed, replied (Despatch No. 32 of 18th February 1874) that he is satisfied the Chinese expected no pensions, and that the omission to report the three cases which occurred in 1872 was an entire oversight.
8. Rerision of Pension Minute. No race distinctions sanctioned. 1875 and 1876. The year 1875 marks a new epoch in the history of the pension question. Superannuation Act of 1875 (Act 38 Vict., Cap. 4) was specially devised for "Civil Servants who Although the have served in unhealthy climates," and although Consuls only were meant to be included under this Act, yet, in forwarding a copy of this Act to the various Colonies, the Earl of CARNARVON (Circular, 14th June 1875) stated his willingness to improve retiring allowances in intertropical Colonies and to apply to them "the scale existing in Ceylon, Hongkong, and the Straits." This was taken up in Hongkong at once as an occasion to urge a revision of the Hongkong Pension Minute, with a view to secure for those Hongkong Civil Servants whom Sir RICHARD MACDONNELL styled "Foreigners" all the advantages of the Consular Service, and at the same time to introduce into the Minute a distinction of race and birthplace by excluding from its benefits the Chinese Employés of the Government. Three memorials were accordingly prepared, one by the Judges, one by the leading Civil Servants, and one by the Cadets.
As regards the Chinese, the despatch (of the then Administrator, Mr. AUSTIN) which forwarded these memorials (No. 110 of 25th August 1875) to the Earl of CARNARVON, then Secretary of State, makes the following recommendation
$9. There is one other case which should also be provided for in the event of any alteration of "the Pension Minute, viz., that of the Chinese Employés, who are practically in their own country; "and in respect to these I would suggest that, as a rule, gratuities should be given, and that, in special
cases, the pension should be calculated at the English rates for service in England."
Slight reflection ought to have shown that if the argument which underlies this proposition is sound, all the Macao-born and Hongkong-born Civil Servants, that is to say all the Asiatic Portuguese in the service, have to be brought under the same rule, as well as geutlemen like Messrs. Sern, Ball.
X d.b. the amandir. ACA 11876-sepent, the Act of 1:75
peel
(9)
215
HAZELAND, WAGNER, SAMPSON and others, who were born in Canton or in Hongkong. lu fact, eon- sistent application of the Clause would exclude more than half the Civil Servants at present on the Fixed Establishment of the Colony from the benefits of the l'ension Minute, if amended as proposed.
Whether the Earl of CARNARVON objected to this rule in particular or not, does not directly
appear,
but it is significant that in his reply to the foregoing Despatch and its enclosures X (No. 2 of 13th January 1876), whilst giving certain directions for amending the Pension Minute of 1862, the Earl of CARNARVON makes no reference whatever to the proposal made regarding Chinese public servants. He distinctly refused to place the Civil Servants of Hongkong on the same footing as Consular officers; he sanctioned leave of absence on half-pay to count as fall service if not exceed- ing one year in six years, including vacation leave; he allowed Student Interpreters' service to date from date of appointment, under certain conditions; he approved of the Puisne Judge being placed on the same footing as the Chief Justice as regards leave and pension; but he said uot a word that could be construed into approval of the proposed distinction of race and birthplace.
Sir ARTHUR KENNEDY having instructed Messrs. BRAMSTON, SNOWDEN and AUSTIN to amend the Pension Minute of 1862 in accordance with the instructions of the Earl of CARNARVON, the amended Draft was forwarded (Despatch No. 60 of 23rd March 1876) to the Secretary of State, who, in reply (Despatch No. 37 of 24th June 1876), gives further directions in detail how to amend this Draft, and again makes no mention whatever of any race-distinctions in connection with pensions. The additional amendinents now ordered were as follows:-In rule 16, paragraph 2, the words "on half salary" were to be inserted after the words "absence on leave," and in paragraph 3 the words "without salary or" were to be inserted after the words "absence on leave." Rule 19, paragraph 1, was to end with the words "to count such leave as service," and in paragraph 2 the words "and not subsequently resuming them
were to be inserted after the words "resumption of his duties."
"or
11
Accordingly, Sir ARTHUR KENNEDY had a new Amended Draft prepared. In this Draft the word above mentioned was omitted. Further, instead of inserting, as directed, in paragraph 2 (of Rule 19) the words "and not subsequently resuming them," the whole paragraph was omitted entirely. If amended as directed, it would have run as follows:--
"An officer obtaining extension of leave in England on the ground that his health does not 'permit of the resumption of his duties, and not subsequently resuming them, will not be entitled to "count such extension as service."
Minute Draft of Sch Sep- leraber 1876.
Enclosure & Fension The Amended Draft was however forwarded by Sir ARTHUR KENNEDY (Despatch No. 172 of 5th September 1876) to the Secretary of State under the impression that all the alterations suggested by the Secretary of State had been adopted. Sir ARTOUR KENNEDY merely explains that with a view to more ready reference the additional Pensions Rules (No. 20-26 of the Amended Minute) which were passed in accordance with the proposed Intercolonial Pension Scheme (11th September 1869) have been embodied in the Amended Minute.
9. Question of pensions versus gratuities in the case of Chinese. 1878.
For nearly two years nothing more was heard in Hongkong of this Amended Minute. Sir ARTHUR KENNEDY had been succeeded in 1877 by Mr. now Sir JOHN POPE HENNESSY. The question of pensions versus gratuities having meanwhile been raised in the case of Police Constables, Sir JOHN POPE HENNESSY laid down the following principle (see Government Gazette 1878, p. 430):—
"The manifest advantages of having Government Pensioners, among the natives in this Colony "and the neighbourhood, are so great that wherever the Law allows I prefer to pension Chinese "instead of giving them a lump sum, as the latter practice severs their useful and loyal connection "with this Governinent."
The Law to which this Minute refers is stated in the Police Force Ordinance No. 9 of 1862, Section XII of which runs as follows:-
"Whenever any Inspector, Sergeant or Constable, shall have completed the full Term of Service 'of Ten Years in the Police Force, he shall be entitled, in addition to the Bonus or Passage Money mentioned in Section X., to an Annual Pension of Fifteen Sixtieths of the Annual Pay of his Rank,
Dec.
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