CO129-227 - Acting Governor Marsh - 1886 [6] — Page 381

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

Zorn Research 10:0

Lee for 5

H

Deshalet. PLAM

Gu7 22/11/86

Sin the Beachs X But Mr. Marshall transferred after doop.

Was the date of "toy" (When he th wag L M

Brebes Beach announced relence

See the despatch from Col. Whitfeild (& its enclosure) of 19 May 1870 in Hong Kong Vol 2, herewith.

Sun Opinion

Rust For 15

I do not see how it is profitable to reject W. Manson's claim ÷ the Hong Kong time to 1041962 Order appears to me to give to the Pension Minute of 1870 the form of law; and that no further approval of the Sec. of State was required in order to give it validity. It would have been more in accordance with the Circular of 15 July 1869 if the draft Minute had first been submitted for the Leg. Council's approval, but I quite agree with Julian Pauncefote's comment.

That a minute under Article 13 of 62 required is for legal effect to the rules det int.

The Earlier Minutes seem not to recognise that Hong Kong Minutes have the force of law by virtue of their terms of that Article and although the Sec. of State previous to the issue of Pension Minutes have authority to declare what pension should begin in any case, I feel some doubt whether after the Order, he has any such power in a case covered by the conditions of a Pension minute; there is no doubt he will be able to fix the pension of a servant to whom the Pension minute does not apply.

grr/1/86

This leads to a further question whether the casual or approval of the International Scheme expounded by Sir M. Hicks Beach in his despatch of 1 May 1878 - 22 March 1880 - + 2 March 1880 - (which appears to be correctly abstracted in the printed Enclosure to 114.45) is sufficient to deprive any body of the benefit of the Minute of 1870; anything short of an absolute repeal of it by another minute could do so.

I understand that there is a draft Pension Minute on Stockton Sommerset in the Office which was sent home by Sir John Burdon in 1880, which may have superseded the minute of 1870 but it is still here in Draft so has not been completed or had effect.

It seems to me therefore I see what Civil servants are now at Hongkong, who have come in from the Colonies, & might possibly claim under the Minute of 1870.

Sin C. Smith suffered by leaving Hong Kong which have adopted the scheme of 1869 for the Pensions which had not done so, but I am afraid we can hardly match M. Marsh on that account.

A. M. O'Malley was transferred from Jamaica to Hongkong in 1879 (after 3 years only in former Colony). M. Price, ditto in 1873 (after 2 yrs. in Sierre Leone). Sir H. Phillippo, Att Gen 1876, now the Justice (after service in several Colonies). Capt. Thumsett, Harbour Master 1861 (from the Navy). Assist. do. 1887 (after 1 yr. inf. Const formerly in the Slave Trade Dept.). W. Achroyd, Registrar in 1881 (after 18 yrs. in Mauritius). Major Fenwick, Supt. of Gaol 1884 (after 6 yrs. in Cyprus formerly in the Army).

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Zorn Research 10:0 Lee for 5 H Deshalet. PLAM Gu7 22/11/86 Sin the Beachs X But Mr. Marshall transferred after doop. Was the date of "toy" (When he th wag L M Brebes Beach announced relence See the despatch from Col. Whitfeild (& its enclosure) of 19 May 1870 in Hong Kong Vol 2, herewith. Sun Opinion Rust For 15 I do not see how it is profitable to reject W. Manson's claim ÷ the Hong Kong time to 1041962 Order appears to me to give to the Pension Minute of 1870 the form of law; and that no further approval of the Sec. of State was required in order to give it validity. It would have been more in accordance with the Circular of 15 July 1869 if the draft Minute had first been submitted for the Leg. Council's approval, but I quite agree with Julian Pauncefote's comment. That a minute under Article 13 of 62 required is for legal effect to the rules det int. The Earlier Minutes seem not to recognise that Hong Kong Minutes have the force of law by virtue of their terms of that Article and although the Sec. of State previous to the issue of Pension Minutes have authority to declare what pension should begin in any case, I feel some doubt whether after the Order, he has any such power in a case covered by the conditions of a Pension minute; there is no doubt he will be able to fix the pension of a servant to whom the Pension minute does not apply. grr/1/86 This leads to a further question whether the casual or approval of the International Scheme expounded by Sir M. Hicks Beach in his despatch of 1 May 1878 - 22 March 1880 - + 2 March 1880 - (which appears to be correctly abstracted in the printed Enclosure to 114.45) is sufficient to deprive any body of the benefit of the Minute of 1870; anything short of an absolute repeal of it by another minute could do so. I understand that there is a draft Pension Minute on Stockton Sommerset in the Office which was sent home by Sir John Burdon in 1880, which may have superseded the minute of 1870 but it is still here in Draft so has not been completed or had effect. It seems to me therefore I see what Civil servants are now at Hongkong, who have come in from the Colonies, & might possibly claim under the Minute of 1870. Sin C. Smith suffered by leaving Hong Kong which have adopted the scheme of 1869 for the Pensions which had not done so, but I am afraid we can hardly match M. Marsh on that account. A. M. O'Malley was transferred from Jamaica to Hongkong in 1879 (after 3 years only in former Colony). M. Price, ditto in 1873 (after 2 yrs. in Sierre Leone). Sir H. Phillippo, Att Gen 1876, now the Justice (after service in several Colonies). Capt. Thumsett, Harbour Master 1861 (from the Navy). Assist. do. 1887 (after 1 yr. inf. Const formerly in the Slave Trade Dept.). W. Achroyd, Registrar in 1881 (after 18 yrs. in Mauritius). Major Fenwick, Supt. of Gaol 1884 (after 6 yrs. in Cyprus formerly in the Army).
Baseline (Original)
? Zom Rearch 10:0 Lee for 5 H Deshalet. PlAM Gu7 22/11/86 Sin the Beachs X But Mr. Marshla transferred afte doop. Was the date of toy" (When he th wag L M Brebes Beach announced relence дела anolle absolute right to the higher rate of pension See the despatch from feal. Whitfeild (& its mclosure (. Ion mcnutes ) of 19 key 1870 in Hong Kong Vol 2. herewith. Sun Opinion What is. Rust For 15 hov I do not see how it is profith To Uject W. Mansi's claim ÷ the H Hong time to 1041962 Order appens to me to, gir to the Pension Misuct of 1970 the form of laws: and that no further approval of the Ser. gotat was requind in order to give it validity. It would have been move in accordance with The Circular spy Inly 15. 1069 if the draft Minut have first bunent- ~mitter for the Leg. Commcil of their approval, but I quite ague Julian Primerfoki's crimin 10 of 62 Los alc 4. with fir 13 Fray 701 required is for legal effect to the rules det int That a minute undu Arda in the Circular_ The Earlier Mireulis suon not to recognise that Horgony Mirantes have the foren glaws 7 by vistin ofther terms of that And and although the See. of state previous to the issue of Jension Minutes have authority to dulan what pension shance begion in any case, I feel Some don't whether after the order. Jasserons any such from 7. him in a case covered by the conditions of a Jension minuti: Le no doubt wal be ath to fix the Jension of a devant to them the Jension minnt dors ملي swered C 13762 82 grr /1/86 sare all a find 2922/11 ( Hot Exland 379 This hard to a further question whether the casual or approval of The Interestinal Scheme Experford by bin M. Sticks Beach in his despatitis followed by Lowe Shipbuily on 21 Africh 1891 of 1 May 1978 - 22 Mart 1800- + 2 March 1880 - (which Jassion to be correctly Abstractis in the printed Enclosure to 114.45" ") is sufficient to fotbrems by And Kinderry's gasepult 85 dsquiven any body of the benefit ofthe Trimite of 1870-. anything thort of an absolute repeal of it by another minute could of 1870-&adether the do do - Sunderstand that there is a draft Pension Minute on Stockle sommersten in the Officer wish. coms went horn by Sin John Bumfor in 1880- wh. come have dipended the minute of 1570 but it is Still here in Draft so hard neon been Completal or had effect a It dems rumpany therefore I's see what Civil dervants an Now at Hongkong, 15ho have come in in from the Colonies, & might posibly det ufe & claim under the Minate of 1870- Sin C. Smith suffend by leaving Horstory which have adoptil the scheme of 1969 for the Thaits which hand not done so, but dam afraid bur Can hardly mulch M. Marsh on that account_ satt? fear. $1.2.0/0 A. M.O'Malley was transferred from Jamaica to Haugkig in 1879 (after 3 yearsmily in 3 years only in former (olen,) M. Price, durezer hand in 1873 (after 280 in Sidence Sin H. Philippo, Att Hen 1876, now the Justice service in several (olmies) (after Capt. Thumsett, Harbour Master 1861 (from the Navy) མ་ཡ༧མས་) } assist. do. 1887 (after 1 zv. inf. Const formerly in the flave) 1 W. Achrozd, Registrar in 1881 (after 18 yrs. in Mauriting, Majer fen forden, Supt. of faol 1884 (after 6 zur. in Cyfres former
2026-05-25 00:08:43 · Baseline
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?

Zom Rearch 10:0

Lee for 5

H

Deshalet. PlAM

Gu7 22/11/86

Sin the Beachs X But Mr. Marshla

transferred afte

doop.

Was

the date of

toy" (When he th

wag L

M

Brebes Beach announced

relence

дела

anolle

absolute right to the higher

rate of pension

See the despatch

from feal. Whitfeild (& its mclosure

(.

Ion mcnutes ) of 19 key 1870 in

Hong Kong Vol 2. herewith.

Sun Opinion

What is.

Rust For 15

hov

I do not see how it is profith To Uject W. Mansi's claim ÷ the H Hong

time

to

1041962 Order appens to me to, gir to the Pension Misuct of 1970 the form of laws: and that no further approval of the Ser. gotat was requind in order to give it validity. It would have been move in accordance with The Circular spy Inly 15. 1069 if the draft Minut have first bunent- ~mitter for the Leg. Commcil of their approval, but I quite ague

Julian Primerfoki's crimin

10 of

62

Los alc

4.

with fir

13 Fray 701 required is for legal effect to the rules det int

That a minute undu Arda

in the Circular_ The Earlier Mireulis suon not to recognise that Horgony Mirantes have the foren glaws 7 by vistin ofther terms of that And and although the See. of state previous to the issue of Jension Minutes have authority to dulan what pension shance begion in any case, I feel Some don't whether after the order. Jasserons any such from 7. him in a case covered by the conditions of a Jension minuti: Le no doubt wal be ath to fix the Jension of a devant to them the Jension minnt dors

ملي

swered

C

13762

82

grr /1/86

sare all a find 2922/11

(

Hot Exland

379

This hard to a further question whether the casual or approval of The Interestinal Scheme Experford by bin M. Sticks Beach in his despatitis

followed by Lowe Shipbuily on 21 Africh 1891

of 1 May 1978 - 22 Mart 1800-

+ 2 March 1880 - (which Jassion to be correctly Abstractis in the printed Enclosure to 114.45" ") is sufficient to

fotbrems by And Kinderry's gasepult

85

dsquiven any body of the benefit ofthe Trimite of 1870-. anything thort of an absolute repeal of it by another minute could of 1870-&adether

the

do do - Sunderstand that there is a draft Pension Minute on Stockle sommersten in the Officer wish. coms went horn by Sin John Bumfor

in 1880- wh. come have dipended the minute of 1570 but it is

Still here in Draft so hard neon been

Completal

or had effect a

It dems rumpany therefore I's see what Civil dervants an Now at Hongkong, 15ho have come in

in from the Colonies, & might posibly

det ufe & claim under the Minate of 1870-

Sin C. Smith suffend by leaving Horstory which have adoptil the scheme of 1969 for the Thaits which hand not done so, but dam

afraid

bur Can

hardly mulch M. Marsh on that account_

satt? fear.

$1.2.0/0

A. M.O'Malley was transferred from Jamaica to Haugkig in 1879 (after 3 yearsmily in

3 years only in former (olen,) M. Price, durezer hand in 1873 (after 280 in Sidence Sin H. Philippo, Att Hen 1876, now the Justice

service in several (olmies) (after Capt. Thumsett, Harbour Master 1861 (from the Navy) མ་ཡ༧མས་) }

assist. do. 1887 (after 1 zv. inf. Const formerly in the flave)

1

W. Achrozd, Registrar in 1881 (after 18 yrs. in Mauriting,

Majer fen forden, Supt. of faol 1884 (after 6 zur. in Cyfres former

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