CO129-251 - Acting Governor Barker - 1891 [9-11] — Page 17

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

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Proposed Pension and Gratuity Regulations.

1. Subject to the exceptions and provisions hereinafter contained, a Pension will be granted to any Subordinate Officer of the Gaol, who has completed fifteen years' service, at a rate not exceeding 20/60% of the average amount of pay received by such person during the three years next preceding the commencement of such Pension. Further, for every full and complete year's service after fifteen years, an addition to the Annual Pension of 1/60 part of the average annual pay for the last 3 years shall be made for each additional year of such service.

2. Any Subordinate Officer of the Gaol who may be invalided after serving ten complete years and under fifteen years, may (provided that such invaliding be not the consequence of intemperate or vicious habits) be granted a pension not exceeding 15/60s of the average Annual pay of his rank during the past three years' service, and 1/60 for each full and complete year's service after ten years,

3. Any Subordinate Officer of the Gaol who may be invalided as aforesaid before the completion of ten years' service may be granted a Gratuity not exceeding one month's pay for each complete year's service.

4. Extra pay for acting appointments will in no case be taken into consideration in determining the amounts of Pension or Gratuity.

5. Time spent on leave with half salary, provided it does not exceed 1/6" of resident service, shall be reckoned for pension purposes at the rate of one month for every two months of such leave, but absence without salary or beyond 1/6 of resident service shall not be reckoned at all.

6. All Pensions granted shall be payable in Hongkong or London.

7. Full Pensions or Gratuities will be granted only on the Applicant's conduct having been good.

8. Should the Applicant's conduct not have been good, a modified Pension or Gratuity will be granted. Should bis conduct have been decidedly bad, no Pension or Gratuity will be paid.

9. A Commuted Payment, calculated at five times the amount of the Annual Pension, may be granted in lieu of a Pension, if the applicant should be unable to draw his Pension at any of the places before mentioned, or on the application of the Grantee, at the discretion of His Excellency The Governor.

10. If any person receiving a Pension under these Regulations 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 be 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.

11. A Pension is granted only on the condition that it becomes forfeited, and may be withdrawn by His Excellency the Governor, in any of the following cases :---

(a.) On the conviction of the Grantee for any indictable offence.

(b.) On his knowingly associating with thieves or suspected persons.

"

(c.) On his refusing to give information and assistance to the Police whenever in his power, for the detection and apprehension of Criminals, and for the suppression of any dis- turbance of the public peace. (2.) If he enter into or continue to carry on any business, occupation, or employment, which shall be, in the opinion of His Excellency the Governor, disgraceful in itself or inju- rious to the public, or in which he shall make use of the fact of his former employ- ment in the service in a manner which His Excellency the Governor considers to be discreditable and improper.

12. It shall, however, be in the discretion of the Governor in Council to grant a special rate of pension to any Subordinate Officer of the Gaol who may be compelled to quit the Public Service by reason of severe bodily injury, occasioned without his own fault, in the discharge of his public duty or whose retirement may be proved to have been accelerated by such injuries.

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In

years

every such case the amount of pension shall be made to vary partly in proportion to the number served by the injured man, and partly in proportion to the severity of the injury and the date of its occurrence. The portion of the pension carned by length of service shall be calculated at the rate of 1/60 of the salary of the officer at the time when he retired for each year of service then

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completed by him, whether the number of years served be more or less than 10, but no number of yes service shall be allowed to give a claim to pension of more than 40/60ths in respect of service only; and in every such case a Medical Certificate shall be furnished stating:

(a.) Whether the capacity of the officer affected to contribute towards his own support is

slightly impaired, impaired, materially impaired, or totally destroyed, and

(b.) Whether such incapacity is likely to be permanent.

(c.) Whether the retirement is to be attributed solely and immediately to the injuries received.

An addition to the pension of the officer, on account of the injury may then be made on the following scale:

*

(a.) When the capacity is certified to be slightly impaired not exceeding 6/60s of the pay

of the officer at the time he received such injury;

(b.) When impaired not exceeding 12/60ths;

(e) When materially impaired not exceeding 18/60ths;

(.) When totally destroyed not exceeding 24/60.

But in no case, however, shall the total amount of the pension exceed the fall amount of the pay of the sufferer at the time when the injury occurred.

13. When Officers are transferred to some other civil employment under the Government of Hongkong or to any other public employment with the sanction of the Governor, they will not, in the absence of any special arrangement to the contrary, retain a claim to pension under these Regulations but will be dealt with under the ordinary regulations for civil servants or under such special arrange- ments as may be made at the time of the transfer.

Proposed Leave Regulations.

1. Any European Member of the Gaol staff engaged in England may after cach period of five years' service, on claiming his return passage, apply through the Superintendent of Gaol to His Excellency the Governor for permission to return to the service within a period not exceeding nine

months.

2. Should this application be approved, the Applicant will receive half pay, during his absence, and a certificate entitling bin to a return passage to the Colony within the period specified; subject to his passing a satisfactory Medical Examination about three months before the expiration of his leave as to his fitness to return to a tropical climate.

3. The Applicant shall enter into a bond for the refund of the half pay, or the difference between his pension and half pay as the case may be, drawn after his leaving the Colony, in case he does not return at the period specified.

4. This period may nevertheless be extended by the Secretary of State for the Colonies, on such ground as may to him be satisfactory, and such extension shall be deemed to be leave originally granted within the meaning of the above Sections I, II, and III, anything therein contained to the contrary notwithstanding.

on leave shall count as

5. Such leave shall enable the Applicant to count his previous service as regards the time of service required before a pension is granted, and each period of two months on lea one month's service towards the computation of a pension, Sulsel

count

6. On the Applicant's return to the Colony, be shall be reinstated in his relative position on the staff, and he will be sworn in for a further period of five years' service.

7. If at the expiration of five years' service leave is refused on the ground that the Applicant's service cannot then be spared, he shall be allowed leave at the earliest suitable date, and the time elapsing between the expiration of the above mentioned five years' service and the date of his going on leave, shall be calculated towards the period of five years' service to be served by him on his return from such leave. If the time of year at which a period of five years' service expires is on consideration of health unsuitable for leave to be taken, the Applicant may, by permission, go on leave at any time within six months from such expiration of service, and this interval shall count towards his next period of five years' service.

8. The period of time spent on leave will not count towards the calculation of tine constituting any term of five years' service for passage.

9. Officers who are drawing the allowance for knowledge of Chinese will be allowed to draw half the allowance when on half leave.

pay

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