the greater number are subordinate offi cials, many of them with thirty, thirty-five or even forty years' service to their credit If any of these subordinate officials brought forward arguments or a mathe- matical problem by which he showed that if he retirod a little later, he would be entitled to an increase of 124 per cent. to his pension, I am sure the Government would not consider bis application favour- ably. If, however, these subordinate off- cials saw their way clear to obtain an in- crease, if any opening was given them to obtain it, they would certainly try their best to get it. In all these years in Hong- kong, I have never seen such an applica- tion come before the Legislative Council of Hongkong. It is due, sir, largely tu his persistence and, 1 may say, to bia exccs- sive importunity, that this vote has come 30 far. I think the principle is thoroughly unsound. It is wrong that the Legislative Council should, in one single instance, go outside the four corners of the liberal allowauce in the Civil Service rules. Yet here we are asked to break from these rules for the one official who, next to the Governor himself, should be the last per- son to ask for an increase in his pension, and saddle the ratepayers of Hongkong with a sum of £60 a year, simply because we are asked to do so. I know perfectly well the arguments which will be brought forward, and I am therefore more or less prepared for some of them. It will prob- ably be said that if this official had served a few years longer he would have deserved this vote. On the other hand, for reasons best known to himself, this official did not join the Service until eighteen years ago. Most of the Chief Justices who served in the Colony were men who probably spent thirty, or even forty. years in the Govern ment service. This official only joined late in life, when it suited him. Another argument is, that, having taken up this position when he did, he found this sixty years age limit forced upon him. I do not admit that argument for a moment. Outside of Hongkong and one or two other Colonies, the sixty years' age linit has been in force in most of the Briti-h Colonies for a number of years. To sug. gest that it is a hardship for him to fall within the four corners of this new rule is absurd. Looking at the fact that we are asked to give practically 134 payments instead of the twelve to which he is en- titled, in view of his high position and large salary, and from the few years he has served in the Colony, I think it would be a wrong principle to break away from the rules of the Civil Service regarding pensions, and make this grant which, I am perfectly certain, if it had been brought forward by a subordinate official of this Colony would have been turned down. strongly protest againer this vote. I told your Excellency that it would be better if the discussion took place in the fall Council instead of at the Committee meet- ing. I beg, therefore, to move the rejec tion of this vote.
I
S EXCELLENCY-Dues any one second the motion?
Hon. Mr. HewɛTT---1 don't know, sir. Hon. Mr. OSBORNE---As a matter of formi,
I beg to second it.
HIS EXCELLENCr-Does any member wishi to address the Council?
Hon. Mr. POLLOCK-Sir, I can't agree with what has fallen from my hon. friend opposite who represents the Chamber of Commerce. I think, sir, the circumstaecca in this particular case zre very excep- tional. There is no doubt that if the learned Chief Justice had served a few months longer he would have boen entitled to the extra pension which it is proposed to vote to him. I think there would be no doubt also that in the normal course of events as they would have occurred in the circumstances which existed when be came to the Colony that the learned Chiet Justice would have served these fow extra months and that he would have earned this additional pension. But, sir, as the hon. member opposite has pointed out, since the learned Judge arrived in this Colony a special Ordinance has been pass- ed enabling certain officials of this Colony to be retired at the age of 60, and if that Ordinance had not been passed since this appointment was taken up, the Chief Justice would without doubt have served the additional three months and carned the pension. I quite agree with my hon. friend opposite as to the danger of creat- ing a precedent, but I think the erreum- stances of this particular case are quite exceptional, and in the circunstances this vote should be passed by the Council.
Hon Mr. Ross-I generally listen to the hon. member for the Chamber of Cosi merce with respect, but on this occasion I cannot agree with him at all. I think he is allowing his ideas of principle to over- The Chief rido his sense of justice. Justice, as I understand, came bere under certain rules, and if these roles existed he would have been entitled to this pension a few months hence, but a change in the rulea having been made. That is not his fault. I would like to support everything which the Hon, Mr. Pollock has ed.
HIS EXCELLENCY-Before putting the amendment which has been proposed by the hon. member who represents the Cham- ber of Commerce, I would like to inform big that the reason which weighed with
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