CO129-572-8 Leave and passage regulations 4-2-1938 - 30-12-1938 — Page 65

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pension salaries at these fixed or "rivileged" rates

by officers recruited locally who joined the Service

before 31st December, 1902. The first case, that of

Mr. F. P. da Silva, arose in 1927 and it was decided that

he ves entitled to the "privileged" rate of pensior if he drew his pension in any old standard country. He in

fact went to reside in the United States of America: mi

rew his pension at three shillings and eight pence until his death in 1931. Following that precedent claims ave

now been submitted on behalf of Mr. A. M. de Souza end

Mr. Sung Teng Man, both locally recruited officers of the

Junior Clerical Service who are shortly due to retire.

5. The claim of these officers is that by virtue of

the General Orders already quoted and the footnote on

the standard pension form, a copy of which is enclosed, they

are entitled as a right to payment at the "privileged" rate.

It might be open to dispute whether such title to payment

depends o.. actual residence in England but I am advised

that if the claim is admitted generally it would be impossible

to refuse the right to have payments made through the Crown

Agents for the Colonies at the privileged rates so long as

the officer lived anywhere outside Hong Kong.

6. The Crow Solicitor, to whom the matter has been

"eferred, advises, however, that no such right to payment

at the "privileged" rates of exchange can be admitted.

Even if, having regard to General Order 170(2) quoted

above, that right applied to locally recruited dollar

salaried of 'icers, it was dependent not on legislation or

one Pensions Kinute which governed pensions before the

enactment of Ordinance 21 of 1932, but on General Orders

which have now been rescinded. I am advised that the previous

General Orlers can not be taken as creating any inalienable