Enclosure No. 2.
No. 512.
Regulation made by the Governor in Council under section 17 of the Police Force Ordinance, 1900, Ordinance No. 11 of 1900, on the 7th day of September, 1927.
The regulations regarding pensions of non-European subordinate officers and non- European constables of the police force, made by the Governor in Council and set forth on pages 269 to 275 of the Regulations of Hong Kong, 1814 to 1925, amended as appears in Government Notification No. 229 published in the Gazette of the 30th April, 1926, are hereby further amended by the rescission of regulation 12-on page 272-and the substitution therefor of the following regulation :--
12. Every pension and every periodical or deferred gratuity or allowance is and shall be deemed to have been granted only on the condition that the Governor in Council may order that the same be forfeited and withdrawn in any of the following cases :--
(1) on the conviction of the grantee before any court in His Majesty's dominions or elsewhere for any crime or offence for which he is sentenced to death, or penal servitude, or any term of imprisonment with hard labour, or any term of imprisonment of any other kind exceeding twelve months;
(2) on the grantee becoming bankrupt ;
(3) on the grantee knowingly associating with thieves or suspected
persons;
(4) on the grantee 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 disturbance of the public peace; or
(5) if the grantee enters or engages in or continues to carry on any business, occupation or employment, which shall be in the opinion of the Governor, disgraceful in itself or injurious to the public, or in which he shall make use of the fact of his former employment in the police force in a manner which the Governor considers to be discreditable and improper.
Any pension or periodical or deferred gratuity or allowance ordered to be for- feited and withdrawn as aforesaid shall cease as from the date of the cause of such forfeiture. Provided that if any question shall arise as to the com- petency of any court or as to whether any sentence imposed comes within the intendment of the first paragraph of this regulation then the decision of the Governor in Council thereon shall be final and conclusive.
Provided further that any pension, gratuity or allowance ceasing as aforesaid shall be restored with retrospective effect in the case of a person who after conviction at any time receives a free pardon. For the purpose of this regulation the enduring of the punishment to which any person has been or inay be sentenced shall not be deemed to be or to have the effect of a free pardon.
And provided further that where a pension, gratuity or allowance ceases for any reason aforesaid the Secretary of State for the Colonies or, if the grantee is resident in the Colony then the Governor in Council with the approval of the Secretary of State, may cause all or any part of the moneys to which the grantee would have been entitled by way of pension, gratuity or allow- ance during the remainder of the grantee's life or during any shorter period or periods, either continuous or discontinuous, to be paid to or applied for the benefit of all or any exclusive of the others of the following persons, that is to say, the dependents of the grantee, and the grantee himself if and when his sentence, if any as aforesaid, shall have expired, in such propor-
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tions, if there be more than one recipient or beneficiary, and manner and subject to such conditions, qualifications and restrictions as the Secretary of State or the Governor in Council with such approval as aforesaid, as the case may be, may see fit to direct and impose. Any such directions, condi- tions, qualifications and restrictions may in like manner be revised, altered, added to or withdrawn at any time and from time to time.
COUNCIL CHAMBER,
7th September, 1927.
E. W. HAMILTON,
Deputy Clerk of Councils.
(Extract from the Hong Kong Government Gazette No. 38 of the 9th September, 1927)
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Enclosure No. 3.
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COLONIAL SECRETARY'S DEPARTMENT.
No. 660. The following amendments of the Pension Minute which appear in the General Orders of the Hong Kong Government is published for information.
10th November, 1927.
E. R. HALLIFAX,
Colonial Secretary.
1. The Pension Minute (General Order No. 155) is amended by the addition of the following to clause No. 1:—
10. A European nursing sister or matron, who has served not less than 3 years in the Colony, and not less than 15 years in all as a qualified nursing sister or matron in the public service or in a public hospital, in the Colony or elsewhere, to which she was appointed by the Colonial Government or through the Overseas Nursing Association and who would not otherwise be entitled to a pension, gratuity or other retiring allowance under the provisions of this Minute, may be granted on her ultimate retirement a retiring allowance calculated at the rate of 8s. 4d. per annum for each month of her service in the Colony.
For the purposes of this paragraph 10 such total service need not be conti-
nuous.
Provided that the above mentioned minimum total service of 15 years shall be reduced to 10 years in the case of a European nursing sister or matron who is compelled by ill-health, not caused by her own misconduct, to relinquish her Colonial employment.
Provided further that, except in the case of retirement on account of illness, no such retiring allowance shall be payable until the nursing sister or matron reaches the age of 50; and provided further that the grant of such retiring allowance shall be dependent on the production to the satisfaction, of the Secretary of State of certificates of satisfactory service in respect of each period of total qualifying service, and that the total retiring allowance drawn by the nursing sister or matron in respect of service as aforesaid in the Colony and elsewhere shall not exceed the amount of pension which she would have drawn if her whole service had been on the pensionable establishment of the Colony.
The provisions of this paragraph 10 will apply to all European nursing sisters and matrons in the service of the Government of the Colony on or at any time after 1st January, 1926.
2. The Pension Minute (General Order No. 155) is amended by the deletion of clause No. 24 and the substitution of the following therefor :-
"No. 24.
If any person to whom a pension has been or may be granted under this Minute is convicted before any Court in His Majesty's dominions or else- where of any crime or offence for which he is sentenced to death, or penal servitude, or any term of imprisonment with hard labour, or any term of imprisonment of any other kind exceeding twelve months, or if any such person becomes bankrupt, then in every such case, such pension shall if the Governor in Council shall in each case so determine, be for- feited as from the date of such conviction or bankruptcy.
If any question arises as to the competency of any Court, or as to whether any sentence imposed comes within the intendment of the foregoing para- graph then the decision of the Governor in Council thereon shall be final and conclusive.
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