CO129-270 - Public Offices & Others - 1895 — Page 181

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The rate was reduced solely in view of the increased pay attached to the office-it was not a personal allowance-it did not confer any personal privilege or inflict any disability on the person outside the office or when he ceased to hold it.

12.

Therefore after stating that the rate should apply to the holders of those offices to which an increase of more than 14 had been granted-that is when they drew their half-pay or pension in connection with this office-his Lordship says:

13. This rule shall apply to all persons thereafter entering the Service for the first time and to all promotions to offices to which an increased pay of not less than 14 was granted- leaving untouched the case of promotion to an office the salary of which had not been so increased; and as the increase granted by that despatch was general, I submit that his Lordship had clearly in his mind when limiting the rule as above, the case of an officer who would participate in this general rise but who might thereafter be promoted to an office which had not received this increase of 14%, therefore according to this despatch this reduction is not to apply to him-and the reason, as I have pointed out in the 14th paragraph of my Memorial, is clear-viz:

The officer's pension is calculated on the pay he has been receiving for the three years previous to his retirement from the service. If he is at these dates in receipt of enhanced pay, granted because of the increase cost of living in the Colony, he is not to have more half-pay or more pension than if the enhanced rates had never been conceded, but if at the date of taking his pension he is the holder of an office that has obtained no rise to meet local wants, he has not participated in the general increase, and therefore there is no need for applying any new rate of exchange, because to do so would reduce the leave pay and the pension which the appointment carried.

14.

15.

The reduction is to apply, and to apply solely, to

(a) The holders of those offices to which an increase of at least 14 ", is granted.

(4) Those entering the service for the first time.

(c) Those promoted to offices which have received an increase of more than 14 “io

And the reasons for these limitations I have fully given, but it may be said that I was a holder of an office that had received an increase of more than 14 - Yes, but I am not a holder of that office now, and I do not derive or claim any enhanced pension whatever from the increase I then drew.

16. That rule was I submit to be applied only while they held such office and drew such increased pay, and if the despatch had meant to include others it would not, seeing that the increase of pay was general, have limited the rule to promotions to offices which had received more than 14, it would have clearly included all and stated that this limitation was not only a disability attaching to the office on account of the rise of salary, but followed the officer to whatever office he should thereafter be appointed.

17. It would have clearly stated that the rule applied to all promotions, and not merely to promotions to offices which had benefited by this increase. The despatch and the measure it sanctioned was one of relief and not of restriction or reduction.

18. The pension of an officer is calculated on the pay and emoluments of the office he has held for three years prior to his retirement, and the rules fixing the pension apply to that office and to the existing salary and privileges thereof.

19.

I would here remark that when I retire it will most probably be from the office of Puisne Judge, and therefore I will not be

20.

(a) Holder of an office which has received an increase of more than 14-

(6) I have not been promoted to an office the salary of which has been

increased more than 14 ic

(c) I did not enter the Service for the first time after the despatch, therefore I confidently submit that I am beyond and outside the rule which reduces the rate of exchanges to 3s. 8d.

From the whole context of the despatch, the reasons which called it forth, and the very terms of it, I maintain that the words "holders of offices" can apply only to such officials as actually hold the office when pension is applied for, because it is only at that time that the rule is to come into force.

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And lastly.

21.

Had it been expressly stated, or if I could have been expected to conclude that by accepting the increase to my pay I would, if promoted to an office not having received such an increase, have forfeited the right I then enjoyed of claiming my pension at 45. 2d., I should have declined it; because after my interview with Sir Robert Herbert and Lord Knutsford, in 1889, I had every prospect of promotion to the office of Puisne Judge, and, in fact, I was promoted in June, 1892. This office had recived only a nominal increase, something very trifling-as had then about 37 years' service, it was not likely I would have sacrificed such a large proportion of my pension in exchange for an increase of salary in an office which at any moment I might, by promotion, cease to occupy.

22.

It may be objected that the pension which I claim is a large and unusual one. I answer that it is the pension which I honestly believe I am entitled to after nearly 42 years' service. The amount claimed may seem high, but it is justified by all the rules and by the very unusual period of more than 41 years' service.

23. And again, if there still should be any doubt in your Lordship's mind, I would ask that as thirty-five years' service would entitle me to a full pension my extra years beyond that be taken into consideration and that effect be also given to the special services outside my ordinary duties which I have rendered the Government of Hong Kong, and which are enumerated in my memorial. In consideration of these I would ask that a special grant be made if there be still any doubt as to my being entitled to the full amount and claim, and should your Lordship be still unable, notwithstanding all these grounds, to grant my request, then I submit it would only be fair and just that as I accepted the increased pay as Registrar in ignorance of the conse- quence thereof, and before the interpretation now sought to be given to the despatch was communicated to me, and as I enjoyed it for such a short thine, I may have an opportunity of considering and recalling that acceptance.

ever

For all these reasons, I pray that your Lorship's may be pleased to reconsider your decision and grant me the full pension I have asked for in my Memorial of the 30th October, and for this I shall be ever grateful.

To the Right Honourable

I remain, my Lord,

Your Lordship's

Most obedient servant,

Saw. Ackroyd

The MARQUESS OF RIPON, K.G.,

Pudent judge Supremetond

Houskous

Secretary of State for the Colonies, &c., &c., & C.