226
( 30 )
7. No pension will be granted to any public servant without the authority of Her Majesty's Government, in order to obtain which, certificates of service, age, good conduct, and of the ground of retirement, must be submitted to the Secretary of State.
age,
8. No pension shall be granted to any public servant who shall be under fifty-five years of age, unless upon certificate from the head of the department to which he may belong, and from two medical practitioners that he is incapable, from infirmity of mind or body, to discharge the duties of his situation; nor, unless he shall have discharged those duties with diligence and fidelity, to the satisfaction of the head of his department. And in case the officer claiming such pension shall be himself the head of a department, then such pension shall not be granted unless he shall have discharged the duties of his office with diligence and fidelity, to the satisfaction of the Governor, by whom the same shall be certified to the Secretary of State.
9. It will be competent to Her Majesty's Government, in cases of peculiar and extraordinary merit, to grant special and higher rates of pension than those laid down in this Minute, but not exceeding the full amount of the salary.
10. The above-mentioned rates are only to be granted in cases of decidedly faithful and meritorious service; but where the testimony as to fidelity, diligence and merit is in any respect defective, a deduction will be made from the apportioned rates. Where there has been obvious negligence, irregularity, or misconduct, the grant of allowance will be altogether withheld.
11. The claim of a public servant to pension will be considered to have commenced from the date of his first permanent appointment to the fixed establishment of this Colony; service on the temporary establishment of this Colony will, however, be allowed to count for pension when such service shall have been continuous with a subsequent permanent appointment. In the case of public officers appointed from home, their services will be reckoned from the date of commencing to receive Colonial pay.
12. Cadets appointed in pursuance of the regulations published in the Government Gazette of 12th October 1861, will date the commencement of their claims to pension from the date of their respective appointments, provided that they pass satisfactorily the half-yearly examinations, as well as the final examination within three years from the date of arrival in the Colony.
13. The services in respect of which superannuation allowances are granted, ought in all cases to have been continuous; unless interrupted by reduction of office or other temporary suspension of employment not arising from misconduct, or voluntary resignation of the party.
14. The pension shall be computed upon the salary of the permanent office held by a public servant at the time of his retirement, provided he shall have held the same office for at least three years, and that the salary of the same shall not have been revised during that time; otherwise the pension shall be calculated upon the average annual amount of salary received by such person for three years next preceding the commencement of such pension.
15. In case of reduction or abolition of office, temporary allowances may be assigned agreeably to the special rates; on condition, however, that the parties receiving the same will be liable to be re-called into the service, and with the understanding that they are to be re-employed, as opportunity may occur, in preference to new applicants for office.
16. Absence on leave, inclusive hereafter of vacation leave taken at the same time, will, to the extent of one-sixth of an officer's resident service, be counted as full service for pension.
Absence on leave on half salary in excess of one-sixth of an officer's resident service will be counted as half service for pension.
Absence on leave without salary or in excess of the period for which half salary may be allowed under the 132nd Colonial Regulation, will not count as service for pension.
17. If any person receiving a pension under this Minute should be appointed to fill any office in any public department, such pension shall cease to be paid for any period subsequent to such appointment, if the annual amount of the profits of the office to which he shall be appointed shall be equal to those of the office formerly held by him, and in case it shall not be equal to those of his former office, then no more of such pension shall be paid to him than what, with the salary of his new appointment, shall be equal to the profits of his former office.
18. 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.
( 31 )
19. An officer proceeding on leave with a view to retirement at the expiration thereof, will not be entitled to count such leave as service. 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.
20. If any public officer after holding any office in this Colony shall be appointed by Her Majesty to any public office in any other part of Her Majesty's dominions, it shall be lawful for the Governor in Council, on the final retirement of such public officer from the service of Her Majesty, to grant to such public officer a pension at the rate of one-sixtieth of the salary of the office last held by him in this Colony for each year of his service in this Colony.
21. If any public officer, previously to his employment in this Colony shall have held a public office under the Imperial Government or in any of Her Majesty's Colonies, it shall be lawful, on his final retirement from the service of this Colony, for the Governor in Council to make an addition to his retiring allowance (in consideration of the experience gained by him in his early service) under such regulations as may be sanctioned by Her Majesty's Government, provided that the retiring allowance shall in no case exceed the limit prescribed in this Act.
Table shewing the RATES OF PENSION payable to the Public Officers of the Colony of Hongkong under the foregoing Minute. Chief Justices and Puisne Judges who have not previously served in any other Office in the Colony. After 10 years' service, Portions of the annual Salary's the Office. Colonial Chaplains who have not previously served in any other Office in the Colony, After 10 years' service,.. All other Officers returned in the Civil List, or described as Fixed Establishment in the Annual Estimates, and who are in receipt of Salaries of £30 a year and upwards. After 10 years' service, Portions of the Annual Salary of the Office. After 7 years' service, 8/60 11/60 12/60 13/60 14/60 15/60 16/60 17/60 18/60 19/60 20/60 21/60 22/60 23/60 24/60 25/60 26/60 27/60 28/60 29/60 30/60 31/60 32/60 33/60 34/60 35/60Page 227 appears to be missing.
226
( 30 )
7. No pension will be granted to any public servant without the authority of Her Majesty's Government, in order to obtain which, certificates of service, age, good conduct, and of the ground of retirement, must be submitted to the Secretary of State.
age,
8. No pension shall be granted to any public servant who shall be under fifty-five years of unless upon certificate from the head of the department to which he may belong, and from two medical practitioners that he is incapable, from infirmity of mind or body, to discharge the duties of his situa tion; nor, unless he shall have discharged those duties with diligence and fidelity, to the satisfaction of the head of his department. And in case the officer claiming such pension shall be himself the head of a department, then such pension shall not be granted unless he shall have discharged the duties of his office with diligence and fidelity, to the satisfaction of the Governor, by whom the same shall be certified to the Secretary of State.
9. It will be competent to Her Majesty's Government, in cases of peculiar and extraordinary merit, to grant special and higher rates of pension than those laid down in this Minute, but not exceeding the full amount of the salary.
10. The above-mentioned rates are only to be granted in cases of decidedly faithful and meritorious service; but where the testimony as to fidelity, diligence and merit is in any respect defective, a deduction will be made from the apportioned rates. Where there has been obvious negligence, irregu larity, or misconduct, the grant of allowance will be altogether withheld.
11. The claim of a public servant to pension will be considered to have commenced from the date of his first permanent appointment to the fixed establishment of this Colony; service on the tempo- rary establishment of this Colony will, however, be allowed to count for pension when such service shall have been continuous with a subsequent permanent appointment. In the case of public officers appointed from home, their services will be reckoned from the date of commencing to receive Colonial pay.
12. Cadets appointed in pursuance of the regulations published in the Government Gazette of 12th October 1861, will date the commencement of their claims to pension from the date of their respective appointments, provided that they pass satisfactorily the half-yearly examinations, as well as the final examination within three years from the date of arrival in the Colony.
13. The services in respect of which superannuation allowances are granted, ought in all cases to have been continuous; unless interrupted by reduction of office or other temporary suspension of employment not arising from misconduct, or voluntary resignation of the party.
14. The pension shall be computed upon the salary of the permanent office held by a public servant at the time of his retirement, provided he shall have held the same office for at least three years, and that the salary of the same shall not have been revised during that time; otherwise the pension shall be calculated upon the average annual amount of salary received by such person for three years next preceding the commencement of such pension.
15. In case of reduction or abolition of office, temporary allowances may be assigned agreeably to the special rates; on condition, however, that the parties receiving the same will be liable to be re-called into the service, and with the understanding that they are to be re-employed, as opportunity may occur, in preference to new applicants for office.
16. Absence on leave, inclusive hereafter of vacation leave taken at the same time, will, to the extent of one-sixth of an officer's resident service, be counted as full service for pension.
Absence on leave on half salary in excess of one-sixth of an officer's resident service will be counted as half service for pension.
Absence on leave without salary or in excess of the period for which half salary may be allowed under the 132nd Colonial Regulation, will not count as service for pension.
17. If any person receiving a pension under this Minute should be appointed to fill any office" in any public department, such pension shall cease to be paid for any period subsequent to such ap- pointment, if the annual amount of the profits of the office to which he shall be appointed shall be equal to those of the office formerly held by him, and in case it shall not be equal to those of his former office, then no more of such pension shall be paid to him than what, with the salary of his new appointment. shall be equal to the profits of his former office.
18. 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.
( 31 )
19. An officer proceeding on leave with a view to retirement at the expiration thereof, will not be entitled to count such leave as service. 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.
20. If any public officer after holding any office in this Colony shall be appointed by Her Majesty to any public office in any other part of Her Majesty's dominions, it shall be lawful for the Governor in Council, on the final retirement of such public officer from the service of Her Majesty, to grant to such public officer a pension at the rate of one-sixtieth of the salary of the office last held by him in this Colony for each year of his service in this Colony.
21. If any public officer, previously to his employment in this Colony shall have held a public office under the Imperial Government or in any of Her Majesty's Colonies, it shall be lawful, on his final retirement from the service of this Colony, for the Governor in Council to make an addition to his retiring allowance (in consideration of the experience gained by him in his early service) under such regulations as may be sanctioned by Her Majesty's Government, provided that the retiring allow- ance shall in no case exceed the limit prescribed in this Act.
Table shewing the RATES OF PENSION payable to the Public Officers of the Colony of Hongkong under the foregoing Minute.
Chief Justices and Puisne Judges who have not previously served in any other Office in the Colony.
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All other Officers returned in the Civil Last, or described as Fixed Esta- blishment in the Annual Estimates, and who are in receipt of Salaries of £30 a year and upwards.
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