CO129-448 - Governor Sir May - 1918 [4-6] — Page 254

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

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Memorandum by Treasurer for Secretary of

ng to Allowances during leav

of absence.

253

7

Stat3 40 40.

(EG. 11 JUL 18]

D)

*

The House Allowance Schene was communicated to the Secretary of State in Governor's Despatch Confidential of lat. March, 1917, and approved by Secretary of State in Colonial Office Despatch Confidential of 7th. Key, 1917.

On receipt of his approval Rules were submitted to the Legislative Council on the cocasion of the Vote; and there- after they were issued to Departments in the usual course. My view is that according to these rules it is permissible for an officer to draw the Allowance in respect of any period of absence from the Colony provided, of course, that the Officer was paying rent, taxes &c., and was not receiving, payment in respect of any period during which the house was occupied wholly or partly by any other person.

It should therefore be admitted that, at least for the period up to the date of the new rule made by His Excellency as to drawing allowance during leave, it is perfectly right and proper for such allowance to issue, all stated conditions.

having been complied with.

It is contended however that it was the intention that the

rules should not apply in case of leave of absence but

against this is the fact that nowhere is such intention

expressed.

The Secretary of State must have been guided only by what

was placed before him as would also any individual officer

who was not a party to the drafting in the first instance,

that is to say the intention of the Scheme must be taken

from the published rules.

Again the practice of drawing full house allowance, previous

of

ince

to the exist of this scheme, during the whole period 1

leave

was quite familiar to Government and it can therefore justly

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