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HONG KONG DAMY PRESS) FRIDAY, JUNE 10, 1932.

COMPULSORY RETIREMENT

の

OF CIVIL SERVANTS

HON. MR. J. P. BRAGA'S PLEA FOR LOCAL OFFICERS,

ATTORNEY-GENERAL SAYS PROCESS

-WILL BE GRADUAL.

When the Bill to consolidate and amend the law regulating the granting of Pensions, Gratuities and other Allowances in respect of public service" came up for its seond reading, at the Legislative Council yesterday, the Attorney General indicated that when the Council went into Committer he would have certain amondments to anggest

The Hon. Mr. Braga, speaking on the Bill, naked if it wore possible to obtain some information as to the approximate cost to the Colony in 1933, assuming that all public servanta were com- pulsorily retired' who have alrendy attained or who will attain 55 years of age. ·

To this the Attorney General, in the course of his reply stated that the assumption would involve a good deal of onlenlation based entirely on a hypothetical basis and it would be unfair to ask the Colonial Treasurer to prepare such an estimata. not the intention of the Government to retire all officers of 55 or over on January 1, 1933.

It was

The Hon. Mr. Braga also made a plan on behalf of the Clarie- al Staff of the Government departments, urging dat day among those who wore it to work and on whom hardship would be im- posed by being rotired at 50 years of age, should receive the con sideration of the Goverment.

sent:-

1)

COST TO THE COLONY.

The General Officer Commanding (Major-General J. W. Sandilands, C.B.. C.M.G., D.SO.).

The Colonial Secretary (Eoh. Mr. E. R. Halifax). »

Government Servants' Pensions.

ז!

sions on various clauses of this Bill

and wher this Council goes into committes after the second reading, I shall propose the amendinents that I shall now "read out.

At die cha of Claims mm; it in proposed to add the following « Suóli gratuity, if granted to the legal personal representative, shail form part of the date of the off. cer for purpolios of distribution un- dor any oakumentary disposition "made by him or under an intestacy, as the case may be; buk, neverthe less, no estate duty shall be pay- able in refpect thereof, and its addi tion to the principal value of the estate shall not be taken into con sideration for the purpose of in- areasing the rate at which estate duty on the remainder of the estate may be payable."

Daata Duties

With regard to the provision for death duty on gratuities, the gratui ties will not be paid out with une haud and taken back in the form of Estate Duty with the other hand: It is the practics not to charge estate dusies on death gratuitiot in England and in the Colonies.

In Chuso 1, the words or after," appearing in the marginal note will be deleted. These words are not wrong, but perhaps confua-

ing.

Subject to what I have said. I move the recou reading of this Bill.

HON. MR. BRAGA

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The Hon. Mr. Brago said:-It us not in criticism of the Bill before the House that I ask Your Excel- leney's permission to address; the His Excellency the Officer Ad

Council. My remarks beer with ministering the Government (the

special reference on the amended The Attorney General moved the Section 10 of the Bill. Hon. Mr. W. T. Southern, C.M.Q.)

send reading of the Pensions Bill,cent discussion, I enquired whether When this clause was under, e- presided, and there were also pre-He said: There have been discus it was possible to obtain some in- formation as to the approximate probable out to the Colony in 1933, are compulsorily retired who have assuming that all public servant already attained or who will at tin 50 years of age next year.

amume advisedly, Le the word In Clause ë (d) delete "High Com-since I. cannot imagine that the missioner for Transport in Kenya Government will choose to be de and Uganda "* Dod substitut prived of the serviees of all good men in 1983 when they will have Board of Education for England attained the age limit. and Wales, or the Crown Agents for I am given to understand shat the Celonies, or the Colonial Audit Department (Home Establishment)ble. I examot imagine what difli Hon. Mr. H. T. Creasy, C.E. E. for the Kenya and Uganda Railways

To compel retirement at age 55 cf local men whose mental (Director of Public Works).

and Harbour Administration." Hon. Mr. T. H. King (Acting] The whole of Clause 10 will be

phrafeal condition has not suffered

Inspector-General of Police).

deleted and the following subtitut nearly correlated with the question impairment in the lenes, will, to Hon. "Commander G. E. Hole, fed under the marginal note of of expenditure that, I make bold my mind," indiet hardship by R.N. (etired), (Harbor Master). Compulsory reti seinent."

to ussert, without Jenewing what my depriving families of breadwinners is going to cost the Colony, it should who would fain continue in employ Hon. Dr. A. R. Welington 10.-(1) It sh be lawful formed he easy for Members to form (Director of Medical and Sunnary, the Governor in Conneil to require an unerring decision was the debatement and whose retention in the Services).

ang officer other than a judge, when able question of compulsory retire Hon. Mr. W. E. L. Siratua. ever appointed, to retim from the

Hon. Mr. R. H.

of Korewall, public service, this Colony C.M... LTD.

The Astorney-General (Hon. Mr.¦ C. G. Alabaster, K.C., O.B. E.;

The Secretary for Chinese Affairs (Hon. Mr. A. E. Wood),

The Colonial Treasurer (Hon, Mr. Edwin Taylor).

Hon. Mr. J. P. Braga, Hon. Mr. J. J. Eaterson. Hou Mr. S. W. Tso,

LL.D.

O.B.E.

Bon. Mr. W. H. Bell Hon. Mr. T. N. Chau. Mr. R. A. C North (Deputy Clerk of Councils).

W

Suing Mun Scheme.

The Hon. Mr. W. E. L. Shenton, askert the following question:

„On behalf of the Unofficial Mem- bears, of this Council, I desive da ly whether the Government bas since las 27 last reeived any reply from the Home Authorities.

in reforester to the enmendemand

of the second section of den Shing

Mun Water Scheme?

The Colonial Secretary: -A tele-

zum has been remived this morn-

Shing Man Scheme.

The City Hall,

the estimate of cost, which need only be approximate. is not avail-

culty there can exist for compiling the estimate for the benefit of this Council. Salaries, pensions, leave privileges and grauides are

ment.

Asks for Figures.

без

Service cannot fail to be of henefit and economy to the taxpayers. It is for such and similar cases that I do not know how far I am I plead in Your Excellency for con who:-

correct in believing that it will gideration that 500 literal 1!1 (a) Appears to the Gaverner to not be pesuibh for Government to

be unable

discharge defer consideration of the second application of Seccion 10 of the officiently the duties of hi, reading of the Bill until Some proposed new law might not be office; or

ocar idea of the figures of rest can drastically enforced. I am (b) Being a woman who has en- be made available. That being, the i

tered the public service after the commencement "of Ordinance is married.

J

L

Age of Retirement.

this

(2) The normal age af retirement for any public officer, other than Fa judge, shall be deemed to have

been altained if he or she-

(a) Hus attained the age of fifty

five years, or

rware

base, I bag Your Excellency might that the law is not inflexible, r ne pleased to direct that. at some beg shut in its operation every cate future chute, no too long, 1 hope, will be exercised to relate to a the Honourable the Colonial Tree surer, who may be willing to obliga, kindly furnish the illuminating Agures for the information of the Colony's taxpayers.

minimum the possibility of hard ship and injustice being unwitting ly inflicted on well-deserving eey vants of the public to whom every consideration; should be "extended

1 gather that the proposed new Section 10 is drawn up on the ling of the Warren Fischer Report, which has as cae of its objecs thand from whom the Colony has alignment of pensions and retiring her by honest, conscientious

throughout the

a lifetime

Woman Teachers.

(b) Being an Indian subordinate I have no man, of Crown Colonies and loyal services exuning over

officer of the Prison Depart recommendations of that Report.. i ment, laly medical afficer, nm, therefore, speaking from cou lady serving in the Educatiohjecture. While it may be true that Department, or European in the higher branches of the Co- attendant al Govermanent lonial Service "conditions may be mental hospital, or a matron, nursing sister or nurse in a Government hospital, has of tained the age of fifty yeuT;

ing in which the Secretary of State and any such officer, who shall havi states that he hopes to let ny' bove aply very shortly regarding the attained the normal age of retire ment, shall fetire from the public service of the Colony unless the Governor "in Council decides that The Attorney General moved the his or her services shall be retained, first reading of "A Bill By the In no case, however, except with resumption of the City Hall." Het said: The History of the City Hall the approval of the Secretary of and the reasons that impelled the State, shall the services of any such Government to proceed for its re-officer be retained for more than sumption by Ordinanca instead of five years after he or she attained by the Crown Lease are explained is the memorandum attached to the

I would like to add a few words, theoretically brought into line within conclusion for the ladies serving. in the Education Department. one another. I doubt "whether

tradiction, that ne can be found at so little expens

o be said, with equal truth that Their retiring age is normally bu

years subject to 5 years more the Fischer recommendations can be made applicable to all the the exceptional cases obtaining branches of Civil Service in the approval of the Secretary of State. From personal knowledge of the Colonies. Service conditions and

qualifications of some of the Hong other considerations vary.

For example, I have in mind the Kong young ladies who are teaching in some of the Government schools subordinate branches of the clerical

I can sny, without fear of con- departments of the Government in

greater Asset Hong Kong. I maintain that the antaries of locally recruited Govern ment employees are not sufficient of the girls schools in Hong Kong, to enable them to provide for their There is a tendency that cannot be old age. This is specially true of

strongly deprecated that they should married man Public servants on sterling salaries stand on a different be considered "back numbers" on. the attainment of 50 years, or, in the words of Section 10, having entered the public service after the commercement of this Ordinance are married.”

by exercising the powers 'conferred the normal age of retirement. category. The difference is even

Bill.

With regard to this amendment. I would point out that under Clique 10 of this Bill, the rights of officers -Soronded by the Colonial Beere, the existing Pension Legislation are now in the Public Service, under tary, the Bill preci ita first read safeguarded. ing.

{

No Material Change.

The Attorney General moved the Grat reading of "A Bill to amend the Liquors Ordinance, 1031. He Under the existing Pension Legis id: This Bill in already Anw by lation, officers, may be retired for virtue of an order under the Public incompetence by the Governor. 1

Council or apart from any que Revenue Protection Ordinancɑ pub- lished in last werk'a Gazette. Un- tion of incompetence on attaining der the new definition of spirituous the age of 56 yenre.except that in- liquor it will be possible to arrange the case of certain officers, the bor the duties on a more scientific basi sent of the Secretary of State is "A Bill to amend the law necessary, so that his Bill does not relating to the Registration of materially alter the present posi United Kingdom Patents" and "A tion, but if it does no at all, is Bill to amend the law relating to does not take away the rights of Vagrancy" passed their final stages persons now in the service of the

Colony. yesterday.

Q

more greatly. Accentuated in the ense of those men with families in the Colony and are not unding the

England. Geurally speaking the necessity of making remittances to latter are well paid and, ordinarily, should be in a position to save substantially for their old They can contemplate rrbirement with complacency and oven in a happy frame of mind..

Subordinate Officers,

age.

This much cannot be said of the subordinate branches of the Servicn. Theirs ia handto-mouth wage, They carn just enough to make enda meet, and, in the case of a man with a more than, the average size

to the Colony than the local teachers

-HON, MR. KOTEWALL.

Hon. Mr. Kotewill said:-1 support the Hon. Mr. Braza's plea in behalf of the local men. I re- cognise that the law can make no distinction, but, as pointed out by it my honourable "friend, claus no inflexible, and therefore ex- press the earnest hope that in its actual operation the Government will give every consideration to locally recruited officers when cheir time for retirement falls due. A rigorous enforcement of the law in the case of the local men cannot

|

E

11, low House STREFT.

General

ATTORNEY-GENERAL REPLIES. The Hon. Attorney said:With regard to the questio of cost, a table could be prepared showing the total cost of pensious if every officer of 5 years or ever retired on January 1, 1938. But this Agure would entail colasiderable labour preparation and wound mean nothing when prepared. For while every such puiger could retire if he wished, in which eas the proposed new clause 10 could not be said to cause any increase in the cost of government, 15, is obvious that the Government would not attempt to retire ad officers of 50 or over on January 1, 1833, nor can I be assumed either that

all auch officers will wish to retire

on January 1, 1923, or that af will wish to remain en begond shat- date. Moreover, supposing all such, officers did resire on January 1933, an estimate of the cost, to

would involve th the Colony endeulasion of the cost of illing their posts, the salary of the succes- sor being seldom if ever the same as the salary of the retiring ofiery. There are many hypothetical features about an estimait of the

that I think it would be unfair to expect my Hon, friend the Colonin Treasurer to prepare it.

kind asked for by my Hun friend

A Gradual Process.

The most I feel justified in saying is that, in-as-such as the Ordinance is intended to encourage enriler retirement, it will in course of increase in the cost of pensions. years be likely to lend to smac But my Bon. friend must remember that she fights of existing officers are preserved by clause 10 of the Bill, ad although in the matter of cons. pulsory retirement then rights amount no more than the right not to be compulsorily retired be tween 55 and 85 without the order

of the Governor in Council and, in some cases, the approval of the Secretary of State, I submit that it is obvious that the introduction of the age of 55 as the normal ago of retirement must be a gradual procesa.

I would ask my Hon. friend to remember that it is with a view to obtaining greater efficiency in the Government Service that the normat age of retirement is being fixed at 58, but it still remains possible to retain an officer's services beyond that ago if the Governor in Council considers his services worth retain- ing, and this rule applies alike to the subordinate and to the higher. branchen of the service.

Begging the Question. My Hon. friend begs the question when he speaks of the compulsory retirement at the age of 55 of local men whose mental and physical con

of family, the problem of adjusting but be spetly to the taxpayers, and | dition has not suffered impairment the domestic budget must be a would inflict hardship on some of in the least, and whose retention worrying and a perplexing one.

the men.

(Continues on Papi-11)

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