215
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and also for every full and complete Year's Service after Ten Years, to an addition to the annual Pension of One Sixtieth, in respect of each additional Year of such Service; and such Pension shall be computed upon the amount of the Annual Pay enjoyed by the Pensioner retiring at the time of his retirement; provided he shall have been in the receipt of the same for at least Three Years; otherwise the Pension shall be calculated upon the average Amount of Pay received by such person for the Three Years next preceding the commencement of such Pension. Provided always, that His Excellency the Governor shall and may grant Superannuation Allowance or a fixed sum by way of Compensation to any Inspector, Sergeant, or Constable of the Force who shall be disabled for further Service by reason of Wounds or Injuries received in the actual Execution of his duty.
56
64
According to the Rules and Regulations framed by the Executive Council under this Ordinance, pensions used to be commuted in certain cases to a sum equal to the capital required to produce at 4 per cent, per annum the value of the pension. But on 17th March 1874 new regulations had been framed, allowing Police pensions to be made payable in Hongkong or London or in the principal towns of India--China excluded--and calculating the amount of commutation to be paid at the rate of five times the amount of annual pension, in case the applicant should be unable to draw this pension at any of the above mentioned places or on the application of the grantee at the discretion of the Governor. This practice was altered, as far as Chinese Constables were concerned, by the above quoted Minute of His Excellency Sir JOHN POPE HENNESSY, dated 10th September 1878.
The principle laid down in the above Minute, with special reference to Chinese Police Constables, was in January 1880 further applied by Sir JOHN POPE HENNESSY to Chinese Masters of the Hongkong Government Schools, when one IP CH'ÜNG-SHIN (C.S.O. No. 123 of 1880) after 22 years' continuous service applied for a gratuity on retiring from the service. Sir JOHN POPE HENNESSY laid the case before the Executive Council on 17th April 1880, when the pension, decided on in lieu of a gratuity, was formally ratified.
10. Further Revision of Pension Minute.
Chinese excluded.
1878.
Meanwhile, however, Sir MICHAEL HICKS-BEACH had taken the place of the Earl of Carnarvon at the Colonial Office. In Despatches No. 34 of 1st May 1878, and No. 18 of 2nd March 1880, he pushed the pension question into a new form of development by giving in the first instance directions for certain formal amendments of the Amended Pension Minute Draft of 1876, and by sanctioning the introduction into the proposed New Pension Minute of the principles established without due sanction by Sir RICHARD MACDONNELL.
As regards the formal amendments directed by Sir MICHAEL HICKS-BEACH, they consist principally of a reassertion of those amendments which the Earl of CARNARVON had directed Sir ARTHUR KENNEDY to make and which the latter had omitted to introduce into his amended draft of 5th September 1876, and of a substitution for Clauses 20-26 (Intercolonial Pension Scheme) of certain Clauses taken from the Leeward Islands Pension Act. All these directions of Sir MICHAEL HICKS-BEACH will be found in Enclosure C. Pension carried out in the enclosed Draft marked "Pension Minute Draft, amended in accordance with §2 and §3 of Sir MICHAEL HICKS-BEACH'S Despatches No. 34 of 1st May 1878, and §2, §3 and §4 of No. 18 of 2nd March 1880."
As regards race-distinctions, to be introduced into the proposed new Pension Minute in accordance with Sir MICHAEL HICKS-BEACH'S Despatch No. 34 of 1st May 1878, §4, it is to be observed, in the first instance, that Sir MICHAEL HICKS-BEACH also reiterates the observation previously made by the Earl of KIMBERLEY, viz., that Clause 2 of the Hongkong Pension Minute of 1862 "appears to hold out to Chinese as well as others complying with its requirements the prospect of a pension."
This is an important admission. The Pension Minute of 1862 having held out to Chinese certain prospects, any alteration curtailing these prospects could, in fairness, be only applied to Chinese joining the Civil Service after a formal abrogation of the Pension Minute of 1862. Otherwise it would be a manifest breach of faith, as unfair as uncalled for. But the question raised by the Earl of KIMBERLEY (No. 177 of 22nd December 1873), whether or not the Chinese Employés of the Government have been led to expect pensions, would first have to be answered in the negative, and that this cannot be done consistently with truth the cases of NG FOONG-SHIAN, NG A-TS'ÜN and FAN A-KÜ, above quoted, have amply shown. The proposed alteration of Clause 2 could therefore not be applied retrospectively, and thus we should have for a long time to come two classes of Chinese Civil Servants, one having the status and privileges of ordinary Civil Servants, and the others a rank lower and placed under exceptional rules. This would be a source of discontent and eventually lead to a revision of the proposed New Pension Minute.
The next point of importance is that the words of Sir MICHAEL HICKS-BEACH'S Despatch (No. 34 of 1st May 1878, §4) sanction, by implication, a far more extensive alteration than he himself intended. Sir MICHAEL HICKS-BEACH says he wishes to sanction "the introduction into the new Pension Minute of the rule whereby Chinese Employés of your Government will be placed on a different footing from the European Civil Servants." He therefore seems to sanction only the exclusion of Chinese from the ordinary status and privileges of Civil Servants.
But Sir MICHAEL HICKS-BEACH at the same time refers the Governor for details of his scheme to the Rule proposed in paragraphs 7 and 8 of Sir ARTHUR KENNEDY's Despatch No. 216 of 8th October 1873 (see above) and in the 9th paragraph of Mr. AUSTIN's Despatch No. 110 of 25th August 1875 (see above). Now in the former of the two Despatches quoted, paragraph 7 sums up what previous paragraphs and especially paragraph 4 (see above) alleged regarding natives of both "China and India," and in paragraph 9 of Mr. AUSTIN's despatch the Chinese are proposed to be excluded on the ground that "they are practically in their own country.” It will be impossible, therefore, without manifest injustice, to exclude from the privileges of the Pension Minute Chinese-born Civil Servants on the ground that they are practically in their own country and not to exclude Indians or the Asiatic Portuguese, viz., Macao-born and Hongkong-born Portuguese in the Civil Service of the Colony, who are as much practically in their own country, both individually and by descent for several centuries. Logical consistence would demand even the exclusion of all sons of Hongkong Civil Servants born in Hongkong, and in fact, as I stated before, more than one half of the Civil Servants of the Colony would then have to be excluded from the benefits of the new Pension Minute. Thus a caste feeling would be engendered, productive of innumerable evils, and race-distinctions fostered in patent contravention of both the Governor's Royal Instructions and the whole history of English Colonial Government.
11. Recommendations as to Asiatic Interpreters,
The Amended Rules relating to pensions, published in Government Gazette under date of 24th March 1880, happily countenance no race-distinctions whatever, or rather discountenance them, as they lay down that in the absence of any local law each application for a pension or retiring allowance, as it presents itself, must be specially considered and treated on its own merits, "the procedure being regulated by the principles of the British Superannuation Acts 4 and 5 Will., 4 22 Vict., cap. 26." These Acts, however, as is needless to mention, allow as a matter of principle no race-distinctions among public servants. Clause 99 in the same Notification is also of considerable importance, as it supplies perhaps a convenient basis for the eventual settlement of the Hongkong pension question. It runs as follows :--
99. In case of public officers receiving salaries not exceeding £120 per annum, the Governor, "subject to revision by the Home Government, may decide on the amount of retiring allowance to be granted in accordance with the general rules relating to pensions."
Starting from this basis, which, by virtue of the general rules and principles relating to pensions, excludes all race-distinctions, and leaves cases of public officers receiving salaries not exceeding £120 per annum (i.e. $48 per mensem) to the decision of the Governor, subject however to revision by the Home Government, it is self-apparent that in the case of public officers, drawing salaries exceeding £120 per annum (i.e. $48 per mensem), race-distinctions must equally be excluded. If this is admitted, there is no reason left for altering Clause 2 of the Pension Minute of 1862. Chinese officers drawing more than $48 per mensem might be brought under the Pension Minute, both as to leave of absence and as to pension, though in the case of those officers who do not proceed to any distance when on leave of absence, the time ordinarily required by European officers for a passage to England and back might in fairness be deducted from the total period of leave of absence otherwise to be granted.
Dec.
215
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and also for every full and complete Year's Service after Ten Years, to an addition to the aunual "Pension of One Sixtieth, in respect of each additional Year of such Service; and such Pension shall "be computed upon the amount of the Annual Pay enjoyed by the Pensioner retiring at the time of his "retirement; provided he shall have been in the receipt of the same for at least Three Years; otherwise "the Pension shall be calculated upon the average Amount of Pay received by such person for the "Three Years next preceding the commencement of such Pension. Provided always, that is Ex- 'cellency the Governor shall and may grant Superannuation Allowance or a fixed sum by way of Compensation to any Inspector, Sergeant, or Constable of the Force who shall be disabled for further "Service by reason of Wounds or Injuries received in the actual Execution of his duty."
56
64
According to the Rules and Regulations framed by the Executive Council under this Ordinance, pensions used to be commuted in certain cases to a sum equal to the capital required to produce at 18 per cent, per annum the value of the pension. But on 17th March 1874 new regulations had been framed, allowing Police pensions to be made payable in Hongkong or London or in the principal towns of India--China excluded--and calculating the amount of commutation to be paid at the rate of five times the amount of annual pension, in case the applicant should be unable to draw this pension at any of the above mentioned places or on the application of the grantee at the discretion of the Governor. This practice was altered, as far as Chinese Constables were concerned, by the above quoted Minute of His Excellency Sir JOHN POPE HENNESSY, dated 10th September 1878.
The principle laid down in the above Minute, with special reference to Chinese Police Constables, was in January 1880 further applied by Sir Joux POPE HENNESSY to Chinese Masters of the Hong- kong Government Schools, when one IP CH'EUNG-SHIN (C.S.O. No. 123 of 1880) after 22 years' con- tinuona service applied for a gratuity on retiring from the service. Sir JOHN POPE HENNESSY laid the case before the Executive Council on 17th April 1880, when the pension, decided on in lieu of a gratuity, was formally ratified.
10. Further Revision of Pension Minute.
Chinese excluded.
1878.
Meanwhile, however, Sir MICHAEL HICKS-BEACH had taken the place of the Earl of Carnarvon at the Colonial Office. In Despatches No. 34 of 1st May 1878, and No. 18 of 2nd March 1880, he pushed the pension question into a new form of development by giving in the first instance directions for certain formal amendments of the Amended Pension Minute Draft of 1876, and by sanctioning the introduction into the proposed New Pension Minute of the principles established without due sanction by Sir RICHARD MACDONNELL.
F
As regards the formal amendments directed by Sir MICHAEL HICKS-BEACH, they consist principally of a reassertion of those amendments which the Earl of CARNARVON had directed Sir ARTHUR KENNEDY to make and which the latter had omitted to introduce into his amended draft of 5th September 1876, and of a substitution for Clauses 20-26 (Intercolonial Pension Scheme) of certain Clauses taken from the Leeward Islands Pension Act. All these directions of Sir MICHAEL HICKS-BEACH will be found Enclosure C. Pension carried out in the enclosed Draft marked "Pension Minute Draft, amended in accordance with $2 and $3 of Sir MICHAEL HICKS-BEACH'S Despatches No. 34 of 1st May 1878, and $2, $3 and $4 of No. 18 of 2nd March 1880."
liuuse Amended Draft,
1880.
As regards race-distinctions, to be introduced into the proposed new Pension Minute in accordance with Sir MICHAEL HICKS-BEACH'S Despatch No. 34 of 1st May 1878, §4, it is to be observed, in the first instance, that Sir MICHAEL HICKS-BEACH also reiterates the observation previously made by the Earl of KIMBERLEY, viz., that Clause 2 of the Hongkong Pension Minute of 1862 "appears to hold out to Chinese as well as others complying with its requirements the prospect of a pension."
This is an important admission. The Pension Minute of 1862 having held out to Chinese certain prospects, any alteration curtailing these prospects could, in fairness, be only applied to Chinese joining the Civil Service after a formal abrogation of the Pension Minute of 1862. Otherwise it would be a manifest breach of faith, as unfair as uncalled for. But the question raised by the Earl of KIM- BERLEY (No. 177 of 22nd December 1873), whether or not the Chinese Employés of the Government have been led to expect pensions, would first have to be answered in the negative, and that this cannot be done consistently with truth the cases of NG FOONG-SHIAN, NG A-TS'ÜN and FAN A-KÜ, above quoted.
have amply shown. The proposed alteration of Clause 2 could therefore not be applied retrospectively, and thus we should have for a long time to come two classes of Chinese Civil Servants, one having the status and privileges of ordinary Civil Servants, and the others a rank lower and placed under exceptional rules. This would be a source of discontent and eventually lead to a revision of the pro- posed New Pension Minute.
The next point of importance is that the words of Sir MICHAEL HICKS-BEACH'S Despatch (No. 34 of 1st May 1878, §4) sanction, by implication, a far more extensive alteration than he himself intended. Sir MICHAEL HICKS-BEACH says he wishes to sanction "the introduction into the new Pensiou Minute of the rule whereby Chinese Employés of your Government will be placed on a different footing from the European Civil Servants." He therefore seems to sanction only the exclusion of Chinese from the ordinary status and privileges of Civil Servants.
But Sir MICHAEL HICKS-BEACH at the same time refers the Governor for details of his scheme to the Rule proposed in paragraphs 7 and 8 of Sir ARTHUR KENNEDY's Despatch No. 216 of 8th Octo- ber 1873 (see above) and in the 9th paragraph of Mr. AUSTIN's Despatch No. 110 of 25th August 1875 (see above)." Now in the former of the two Despatches quoted, paragraph 7 sums up what previous paragraphs and especially paragraph 4 (see above) alleged regarding natives of both "China and India," and in paragraph 9 of Mr. AUSTIN's despatch the Chinese are proposed to be excluded on the ground that "they are practically in their own country.” It will be impossible, therefore, without manifest injustice, to exclude from the privileges of the l'ension Minute Chinese-born Civil Servants on the ground that they are practically in their own country and not to exclude Indians or the Asiatic Portuguese, viz., Macao-born and Hongkong-born Portuguese in the Civil Service of the Colony, who are as much practically in their own country, both individually and by descent for several centuries. Logical consistence would demand even the exclusion of all sons of Hongkong Civil Ser- vants born in Hongkong, and in fact, as I stated before, more than one half of the Civil Servants of the Colony would then have to be excluded from the benefits of the new Pension Minute. Thas a caste feeling would be engendered, productive of innumerable evils, and race-distinctions fostered in patent contravention of both the Governor's Royal Instructions and the whole history of English Colonial Government.
11. Recommendations as to Asiatic Interpreters,
The Amended Rules relating to pensions," published in Government Gazette under date of 24th March 1880, happily countenance no race-distinctions whatever, or rather discountenance them, as they lay down that in the absence of any local law each application for a pension or retiring allow- ance, as it presents itself, must be specially considered and treated on its own merits, "the procedure cap., 24, and being regulated by the principles of the British Superannuation Acts 4 and 5 Will., 4 22 Vict., cap. 26." These Acts, however, as is needless to mention, allow as a matter of principle no Clause 99 in the same Notification is also of considerable race-distinctions among public servants. importance, as it supplies perhaps a convenient basis for the eventual settlement of the Hongkong pension question. It runs as follows :--
99. In case of public officers receiving salaries not exceeding £120 per annum, the Governor, "subject to revision by the Home Government, may decide on the amount of retiring allowance to be
'granted in accordance with the general rules relating to pensions."
*
Starting from this basis, which, by virtue of the general rules and principles relating to pensions, excludes all race-distinctions, and leaves cases of public officers receiving salaries not exceeding £120 per annum (ie. $48 per mensem) to the decision of the Governor, subject however to revision by the Home Government, it is self-apparent that in the case of public officers, drawing salaries exceeding £120 per annum (i.e. $48 per mensem), race-distinctions must equally be excluded. If this is ad- Chinese officers mitted, there is no reason left for altering Clause 2 of the Pension Minute of 1862. drawing more than $48 per mensem might be brought under the Pension Minute, both as to leave of absence and as to pension, though in the case of those officers who do not proceed to any distance when on leave of absence, the time ordinarily required by European officers for a passage to England and back might in fairness be deducted from the total period of leave of absence otherwise to be granted.
Dec.
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