341
Service in Straits Settlements and in Malay States to be continuous for calculation of pension.
salary at the date of his retirement (if he ultimately retires as a Judge of the Supreme Court of this Colony) or at the date of his being so transferred from the service of this Colony for each month of his service as a Judge in this Colony together with a pension for his service in any other capacity in this Colony calculated as under paragraphs (1) or (2) of this clause.
4. Subject as aforesaid, every officer (other than a Judge of the Supreme Court), who is transferred to or from the service of the Colony from or to the service of the Straits Settlements or of a Ruler of any Native State in the Malay Peninsula which or was while such officer served there under the protection of the British Government and administered by an officer appointed by the Governor of the Straits Settlements and whose aggregate service in the Colony and in the Straits Settlements or such Native State or States would have entitled him had it been wholly in the Colony to a pension under this minute, shall on his ultimate retirement from service if he has served for a period of at least twelve months in the Colony be entitled to a pension of such an amount as shall bear the same proportion to the amount of pension to which he would have been entitled had his service been wholly in the Colony as the aggregate amount of the salary drawn by him from the Colonial Treasury during his service in the Colony shall bear to the total sum made up of such aggregate amount as last aforesaid and the aggregate amount of the salary drawn by him from the Treasury or Treasuries of the Straits Settlements or any such Native State or States during his service therein: Provided always that such transfer was made with the approval of the Governor in Council and that the salary so drawn by him whilst in the service of any such Native Ruler was fixed with the approval of the Governor of the Straits Settlements.
Allowance to officers who have served fifteen years on the temporary establishment.
No. 16.
In the case of an officer who is not qualified for a pension or retiring allowance under this Minute but has continuously served on the temporary establishment of the Colony for fifteen years or upwards, and is at the date of his retirement in receipt of a salary exceeding $240 per annum, a monthly allowance may be granted to such officer not exceeding three-fourths of the pension which might have been awarded to him had he been employed on the Fixed Establishment; provided that when an officer has been transferred from the Fixed to the Temporary Establishment he shall be entitled, either (a) to count his service on the temporary establishment as though it were service on the Fixed Establishment, at the salary which he received immediately prior to such transfer, or (b) to count his service on the Fixed Establishment as though it were service on the temporary establishment, and to take the benefit of this clause accordingly. And in the case of an officer on the temporary establishment whose salary does not exceed $240 per annum, or of an officer paid out of an open vote who is not on either the Fixed or Temporary Establishment of the Colony, a compassionate allowance may be granted as under clause 1, paragraph 2, but such compassionate allowance shall not exceed one half of the rate of pension grantable under clause 1, paragraph 1.
Pension may be capitalised.
Existing claims.
Compulsory retirement at sixty.
No. 17.
In lieu of any pension or compassionate allowance granted under this Minute there may be paid to an officer, with the approval of the Secretary of State, a capital sum equal to five years' payments of such pension or compassionate allowance, but no such capital sum shall ordinarily be paid in the case of retirement on the ground of ill-health.
No. 18.
Nothing contained in this Minute shall interfere with the pension rights of persons who entered the service of the Colony before the date of the Minute, or shall restrict or diminish any superannuation allowance, compensation, or gratuity which, if this Minute had not been issued, might have been granted to any such person, but except as aforesaid, the provisions of the Minute shall apply as well to persons who have already entered the Public Service as to those who may hereafter enter the Public Service of Hongkong.
No. 19.
The Governor in Council may (subject as regards officers appointed under instructions received from or through the Secretary of State for the Colonies to the approval of such Secretary of State) require any Judge or other Public Officer to retire from the Public Service of the Colony at any time after he attains the age of sixty years.
Pensions not to be assignable.
No. 20.
No pension granted under this Minute shall be assignable or transferable or liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatsoever.
No. 21.
If any person to whom a pension has been granted under this Minute is convicted before any Court in Her Majesty's dominions of any crime or offence for which he is sentenced to death or penal servitude or transportation or any term of imprisonment with hard labour or exceeding twelve months, and does not within two months after such conviction receive Her Majesty's free pardon, or if any such person becomes a bankrupt, then in every such case such pension shall forthwith cease: provided always that in any case where a pension ceases by reason of the bankruptcy of the pensioner it shall be lawful for the Secretary of State for the Colonies or if such pensioner is resident in the Colony then for the Governor in Council from time to time during the remainder of such pensioner's life or during such shorter period or periods either continuous or discontinuous as such Secretary of State or Governor in Council shall think fit to pay all or any part of the moneys to which such pensioner would have been entitled by way of pension had he not become a bankrupt or to apply the same for the maintenance and personal support or benefit of all or any exclusive of the others of the following persons, namely, such pensioner and any wife, child or children of his in such proportions and manner as such Secretary of State or Governor in Council from time to time thinks proper.
THE SCHEDULE.
The number of years to be added to the period of service in cases coming under clause 3, paragraph 2, for the purpose of computing pensions is as follows :-
For the 1st Class 5 years. 2nd 3 11 3rd 2 221st Class,-
Attorney General.
Director of Public Works.
Colonial Surgeon.
2nd Class,
Harbour Master.
Registrar Supreme Court.
Superintendent Civil Hospital.
Assistant Surgeons, Medical Department.
3rd Class,--
Executive Engineers.
Assistant Engineers.
Marine Surveyors.
Assistant Harbour Master.
Land Surveyors.
341
Service in Straite Settlements and in
continuous for
calculation of
pension.
salary at the date of his retirement (if he ultimately retires as a Judge of the Supreme Court of this Colony) or at the date of his being so transferred from the service of this Colony for each month of his service as a Judge in this Colony together with a pension for his service in any other capacity in this Colony calculated as under paragraphs (1) or (2) of this clause.
4. Subject as aforesaid, every officer (other than a Judge of the Supreme Court), Malar States to be who is transferred to or from the service of the Colony from or to the service of the Straits Settlements or of a Ruler of any Native State in the Malay Peninsula whis or was while such officer served there under the protection of the British Government and administered by an officer appointed by the Governor of the Straits Settlements and whose aggregate service in the Colony and in the Straits Settlements or such Native State or States would have entitled him had it been wholly in the Colony to a pension under this minuto, shall on his ultimate retirement from service if he has served for a period of at least twelve months in the Colony be entitled to a pension of such an amount as shall bear the same proportion to the amount of pension to which he would have been entitled had his service been wholly in the Colony as the aggregate amount of the salary drawn by him from the Colonial Treasury during his service in the Colony shall bear to the total sum made up of such aggregate amount as last aforesaid and the aggregate amount of the salary drawn by him from the Treasury or Treasuries of the Straits Settlements or any such Native State or States during his service therein: Provided always that such transfer was made with the approval of the Governor in Council and that the salary so drawn by him whilst in the service of any such Native Ruler was fixed with the approval of the Governor of the Straits Settlements.
Allowance to
officers who have served fifteen years
establishment.
No. 16.
In the case of an officer who is not qualified for a pension or retiring allowance under this Minute but has continuously served on the temporary establishment of the on the temporary Colony for fifteen years or upwards, and is at the date of his retirement in receipt of a salary exceeding $240 per annum, a monthly allowance may be granted to such officer not exceeding three-fourths of the pension which might have been awarded to him had he been employed on the Fixed Establishment; provided that when an officer has been transferred from the Fixed to the Temporary Establishment he shall be entitled, either (a) to count his service on the temporary establishment as though it were service on the Fixed Establishment, at the salary which he received immediately prior to such transfer, or (b) to count his service on the Fixed Establishment as though it were service on the temporary establishment, and to take the benefit of this clause accordingly. And in the case of an officer on the temporary establishment whose salary does not exceed $240 per annum, or of an officer paid out of an open vote who is not on either he Fixed or Temporary. Establishment of the Colony, a compassionate allowance may be granted as under chanse 1, paragraph 2, but such compassionate allowance shall not exceed one half of the rate of pension grautable under clause 1, paragraph 1.
Pension may be capitalised.
Existing claims.
Compulsory
No. 17.
In lieu of any pension or compassionate allowance granted under this Minute there be paid to an officer, with the approval of the Secretary of State, a capital sum equal to five years' payments of such pension or compassionate allowance, but no such capital sum shall ordinarily be paid in the case of retirement on the ground of ill-health.
may
No. 18.
Nothing contained in this Minute shall interfere with the pension rights of persons who entered the service of the Colony before the date of the Minute, or shall restrict or diminish any superannuation allowance, compensation, or gratuity which, if this Minute had not been issued, might have been granted to any such person, but except as afore- said, the provisions of the Minute shall apply as well to persons who have already entered the Public Service as to those who may hereafter enter the Public Service of Hongkong.
No. 19.
The Governor in Council may (subject as regards officers appointed under retirement at sixty. instructions received from or through the Secretary of State for the Colonies to the approval of such Secretary of State) require any Judge or other Public Officer to retire from the Public Service of the Colony at any time after he attains the age of sixty years.
Pensions not to be assignable.
No. 20.
No pension granted under this Minute shall be assignable or transferable or liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatsoever.
No. 21.
If any person to whom a pension has been granted under this Minute is convicted Pension to ceass before any Court in Her Majesty's dominions of any crime or offence for which he is on bankruptcy or sentenced to death or penal servitude or transportation or any term of imprisonment conviction.
with hard labour or exceeding twelve months, and does not within two months after such conviction receive Her Majesty's free pardon, or if any such person becomes a bankrupt, then in every such case such pension shall forthwith cease: provided always thuh
any case where a pension ceases by reason of the bankruptcy of the pensioner it shall be lawful for the Secretary of State for the Colonies or if such pensioner is resident in the Colony then for the Governor in Council from time to time during the remainder of such pensioner's life or during such shorter periol or periods either continuous or discontinuous as such Secretary of State or Governor in Council shall think fit to pay all or any part of the moneys to which such pensioner would have been entitled by way of pension had he not become a bankrupt or to apply the same for the maintenance and personal support or benefit of all or any exclusive of the others of the following persons, namely, such pensioner and any wife, child or children of his in such proportions and manner as such Secretary of State or Governor in Council from time to time thinks proper.
THE SCHEDULE.
The number of years to be added to the period of service in cases coming under clause 3, paragraph 2, for the purpose of computing pensions is as follows :-
For the 1st Class 5
years. 2nd 3
11 3rd 2
22
1st Class,-
Attorney General.
11
Director of Public Works. Colonial Surgeon.
2nd Class,
Harbour Master.
Registrar Supreme Court. Superintendent Civil Hospital.
Assistant Surgeons, Medical Department.
3rd Class,--
Executive Engineers.
Assistant Engineers.
Marine Surveyors.
Assistant Harbour Master.
Land Surveyors.
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