CO129-505-8 Widows' and Orphans' Pension legislation- raising of pensionable age limit of male orphans 22-6-1927 - 7-11-1927 — Page 8

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

8

sub-section 3 (2) will need to be re-considered

(see 1(c) above). The whole sub-section could

probably be left out.

Sub-section 3 is even more badly drafted

The effect seems

than most of the amendments.

a

to be that where an officer ceases by

change

in the law to be a contributor he is to receive

back half his contributions. This applies to

all officers whether they have any beneficiaries

when so ceasing to be contributors, or not.

is all right to repay a bachelor or a widower

without children, (suitably restricting the fed

as

It

efund

in the latter case), but officers with beneficiaries

ought not to receive any refund in espect of any

period during waica their beneficiaries have been

entitled to receive pension. Unfortunately,

the provision already exists in Section 3(1) of

Ordinance 5 of 1921 (21256/1921); that is a bad

precedent which must not be followed. The

proviso to sub-section 3 seems to be entirely

unnecessary as the sections referred to are

not contained in "any subsequent enactment" and

are therefore outside the purview of the sub-

section. Anyway, there is no Section 4(2),

perhaps Section 3(2) is meant.

هات

Sub-section 4 is, as/objects and Reasons' state, inserted by way of abundant caution.

NOP U

The

Sub-section 5 follows the usual rule that

refunds are to be made without interest.

Objects and Reasons mentioned in para. 2

certain references to funds, still ramain in

the Principal Ordinance. As this is based on

the Ordinance which transferred the funds to

Char

the Government, it is clearly obvious that some

reference must be found in the preamble;

but

the reference elsewhere, that is, in Section

2(b)

Page

Page

q

2(b) and Section 34)(d) are quite

unnecessary, and ought to be deleted.

It will be seen that the only

important amendment which it is possible to

intro

approve is the reduction of the 8% tables

which has, in fact, already been approved.

The rest of the amendments require very

a are quite unacceptable, considerable remodelling There is no

possibility of effecting the amendment of the

age limit of male children which the Governor

regards as urgent and important, and it would

therefore be easiest to pass immediately an

amending Act bringing into force the new

tables and to proceed more leisurely with the

remainder. As there are so many amendments,

and as the existing Ordinance is by no means

satisfactory, the opportunity should be taken

to revise the whole thing, and I would suggest

that we send out a copy of the Nigerian

Ordinance as a model. We should, of course,

be careful to point out that the practical

provisions in the two Colonies must necessarily

be different, (e.g., the period of contribution)

and that it is only the wording general

L

provisions of the Nigerian Ordinance which

should be followed.

I do not know whether we

might not, at the same time, suggest to them

the adoption of the system of voluntary

contributions which is still under consideration

in the Straits, (see 29093/27).

? Telegraph as in draft herewith and

re-circulate for despatch

explani

as above Clut

more

Carrot agree

revisia

which should

briefly) why in 5.0/5.

To the hoperals & suggest

on the Nigerian model.

? S. Caine

5/1/25

age 9

age 9

Page

ge 10

am very sorry

to have 10

Kept this

So

long

I had

been hoping to find lime

to

draft a

despatch

J

concut

in moramies and generally

Page

draft telegram

in

bus muute; but I have

been unable to go fully

so fully wito

all the pouits raised in

the

latter. In view of 5-28767/28

we had better get the

letegram off

then perhaps

tolamme will draft

despatch for

a

conson

A.). Harding

interes

The

2875728

or

he general rate of intuir. 728 pasteless securities has filler

but

porn

00

homm 500 ut ubut it stort when our def of 1920 approsig the 8% rate

o Ng & contribution

was writion to a little under 50/0:n the contribution f the Gut. is for luate invecerede But menus not tjerts

IM 346

ge 10Page 11

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