Directory_and_Chronicle_1864 — Page 109

94

PENSION RULES.

has been made to him: after which his Pension shall increase at the same rate only as other Officers until he shall have reached Twenty-five Years' Service when he may receive the full Allowance of Forty-sixtieths of his Annual Salary, and no addition shall be made for any Service beyond Twenty-five Years.

4. The Judge of the Summary Jurisdiction Court, and the Colonial Chaplain, provided that previous to their appointments in such capacities, they shall not have served in other Offices in the Colony shall be entitled after ten Years' and under Eleven Years' Service to Pensions at the rate of Twenty-sixtieths of the annual Salaries of their respective Offices, increasing an additional Sixtieth for every additional Year's Service, until the completion of Thirty Years' Service, when the annual allowance of Forty-sixtieths may be granted, and no addition shall be made in respect of any Service beyond Thirty Years. In case of the elevation of any Judge of the Court of Summary Jurisdiction, who may be entitled to the additional Five Years allowed by this clause, to the Office of Chief Justice, the Pension of such Officer upon retirement may be calculated at the rate specified in this clause.

5. Any Public Servant of the Colony who may be elevated to the Office of Governor of Hongkong shall on his retirement from that Office be entitled to the same Pension as if he had continued to hold the Office which he vacated when he was appointed Governor and (supposing him not to be Fifty-five Years of age) as if he had retired from ill-health. Provided that if there shall be offered to any such ex-Governor being under the age of Fifty-five Years any Public Office, or situation under the Crown, which having reference as well to the state of his health as to the nature of his previous Services, such ex-Governor may, in the judgment of the Lords Commissioners of H. M.'s Treasury, be properly called upon to accept; it shall be competent to the said Lords Commissioners to declare should he decline the same that the Pension of such ex-Governor shall be suspended until he shall obtain the age of Fifty-five Years.

6. No Public Servant will be held to have an absolute right to compensation for past Services, or to any Pension under this Minute; and Government will retain power and authority to dismiss any Public Servant without compensation.

7. No Pension will be granted to any Public Servant without the authority of Her Majesty's Government, in order to obtain which, Certificates of Service, Age, Good Conduct, and of the ground of retirement, must be submitted to the Secretary of State.

8. No Pension shall be granted to any Public Servant, who shall be under Fifty-five Years of age, unless upon Certificate from the Head of the Department to which he may belong and from two Medical Practitioners that he is incapable, from infirmity of mind or body, to discharge the duties of his situation; nor, unless he shall have discharged those duties with diligence and fidelity, to the satisfaction of the Head of his Department. And in case the Officer claiming such Pension shall be himself the Head of a Department, then such Pension shall not be granted unless he shall have discharged the duties of his Office with diligence and fidelity, to the satisfaction of the Governor, by whom the same shall be certified to the Secretary of State.

9. It will be competent to Her Majesty's Government, in case of peculiar and extraor- dinary merit, to grant special and higher rates of Pension than those laid down in this Minute, but not exceeding the full amount of the Salary.

10. The above mentioned rates are only to be granted in cases of decidedly faithful and meritorious service; but where the testimony as to fidelity, diligence and merit, is in any respect defective, a deduction will be made from the apportioned rates. Where there has been obvious negligence, irregularity or misconduct, the grant of Allowance will be altogether withheld.

11. The Claim of a Public Servant to Pension will be considered to have commenced from the date of his first permanent appointment to the Fixed Establishment of this Colony; Service on the Temporary Establishment of this Colony will however be allowed to count for Pension when such Service shall have been continuous with a subsequent permanent appoint- ment. In the case of Public Officers appointed from Home (except Cadets) their Services