CO129-509-2 Hong Kong government officers- conditions of service and leave allowances 16-1-1928 - 10-4-1928 — Page 8

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Enclosure No.2.

"to such leave.

After each period of four years resident

"service you will be allowed eight months leave on half

"pay, in addition to such period of vacation leave, not

"exceeding three (since corrected to five) months in all,

"to which you may be entitled and you will be provided with

'a free passage to England and back".

4.

The Auditor contends that the opening words of

this statement by making a definite promise of vacation leave

ipso facto rule out the application of General Order 147 which

denies all right to leave to officers on agreement; that these

words do in fact constitute a "specific statement" implying

eligibility for vacation leave under General Order 133 (copy

enclosed); and that the application of General Order 147 to

the holder of such a letter of appointment constitutes a

breach of contract on the part of the Government.

5.

In the majority of cases an officer whose

service has been satisfactory passes on completion of his

agreement to the permanent establishment and thereupon becomes

entitled to the full privileges of General Order 133. But,

as explained in the 2nd paragraph of my despatch referred

to above, in the case of Nursing Sisters this Government has

made it the exception rather than the rule to retain the

officer's services beyond the term of first engagement, and

the question of leave on termination of services becomes one

of some importance in such cases.

C23758/26 Gehand 52795/28

6.

Reference to my despatch No.477 of 25th

November, 1926, will show that, in mitigation of the possible

hardship to Nursing Sisters involved in the policy of non-

reengagement coupled with General Order 147, two months' leave

is definitely promised in respect of the three-year agreement.

Further in the final paragraph of your despatch No.66 of 16th

March, 1927, it is stated that the Overseas Nursing

Association

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Association is being asked to recruit Sisters on these terms;

Pr26478

and, as the letter of appointment of Miss Williams dated 6th September, 1927, contains no variation from the wording already quoted in paragraph 3 of this despatch, I consider (a) that this Government is not, as the Auditor contends, contracted by that wording to apply General Order 133 (which would allow of 4 months vacation leave in respect of 3 years service) to those cases, and (b) that where, as happens with some frequency, a Sister leaves the service with a view to marriage without completing her three-year term, the utmost leave that Government can be expected to grant is that

Even provided by General Order 147 (1) (a) i.e. 1 month. that is in my opinion an act of grace under the circumstances.

7. I shall address you in a separate despatch on the question of further leave-concessions to Nursing Sisters (vide your despatch No.250 of 19th August, 1927); but I consider it important that such concessions, if made, shall be definitely of a special kind and shall be made contingent on completion of agreement. For, although the printed agreements on which officers for other branches of the service are recruited contain no reference at all to leave of any kind beyond half-pay for the voyage of repatriation, it will be extremely difficult to apply General Order 147 to such officers, if it is held that General Order 133 is applicable to others engaged for a similar term.

30140/27

no3

I have the honour to be,

Sir,

Your most obedient humble servant,

Governor, &c.

Pa

Pa

Enclosure No. 1.

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Extract from the General Orders of the Hong Kong Government.

D.- Temporary Staff.

147.-(1.) An officer on the temporary establishment whether on agreement or otherwise, is not entitled to any leave of absence whatever unless it is so stated specifically in his

agreement.

Sick leave may, however, be granted in accordance with General Order 131 and in exceptional circumstances

vacation leave may be allowed as follows:-

(a.) If period of service does not exceed three years:-

one month during and in respect of any one calendar

year's service.

(b.) If period of service exceeds three years:- two

months during and in respect of two consecutive years' service.

If leave cannot be given or if the officer does not avail himself of the privilege, no compensation is, under any circumstances, permissible.

(2.) Heads of Departments may in their discretion grant leave to a subordinate drawing less than $240 a year if a satisfactory substitute is provided.

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