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2. That provision which is to be found in the majority of Colonial Pension laws was derived from section 8 of the Superannuation Act, 1859, (22 Viet. c. 26), which was repealed recently by section 5 of the Superannuation Act, 1935 (25 and 26 Geo. 5, c. 23). A corresponding repeal in Colonial legislation has been requested by the Secretary of State in paragraph 7 of his circular despatch of the 4th January, 1936.
3. The effect of the repeal will be that the position will then be governed by the further provision, which is contained in section 5 (3) of the principal Ordinance, that where it is established to the satisfaction of the Governor in Council that an officer has been guilty of negligence, irregularity or misconduct, the pension, gratuity or other allowance may be reduced or altogether withheld.
4. Clause 3 will delete from section 9 of the principal Ordinance the reference to the approval of the Secretary of State, which deletion was suggested in paragraph 8 of the Circular despatch.
5. The Secretary of State wishes it to be understood that the practice of submitting such withholdings or reductions to him for approval shall be continued in the case of officers appointed by him or whose appointments are subject to his general or special approval, but that it will be unnecessary to continue it in the case of subordinate local officials who are appointed by the Colonial Government.
May, 1936.
C. G. ALABASTER,
Attorney General,
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