643288-1895-Pension-Rules — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, 2ND NOVEMBER, 1895.

l'ensions of Judges.

Officers enjoying private practice.

Professional qualifications.

Public Officer appointed to be Governor,

provided always that the case of any such officer who, having been so transferred to the service of the Colony, has served in the Colony for a period of ten years and upwards. immediately prior to his ultimate retirement from the service of the Crown, may be dealt with under this clause instead of under clause 15.

6. Any officer permanently attached to the local Audit Department, notwithstanding the fact that his salary is paid out of an open vote, may be awarded, on his ultimate retirement, a pension or gratuity subject to the conditions of this Minute, as though he were on the Fixed Establishment of the Colony.

No. 2.

1. Subject as aforesaid, every Judge of the Supreme Court who has served as a Judge for seven years or upwards may on his retirement be awarded a pension at the rate of fifteen-sixtieths of his salary, with an addition of two-sixtieths in respect of each year of such service in excess of seven, until twenty-nine-sixtieths is reached, and with the further addition of one-sixtieth in respect of each year of such service in excess of fourteen, until the maximum of forty-sixtieths is reached.

2. A Judge of the Supreme Court who, before being made a Judge, has served the Government of the Colony in another capacity and who has not less than ten years' service in the Colony in all (including his service as a Judge), may claim either a pension at the rate of one-thirtieth of his salary as such Judge for each year of his service as such Judge together with one-sixtieth of the salary received by him previous to his becoming a Judge for cach year of his service in that other capacity with an addition to such service which shall bear the same proportion to five years or to five years plus the number of grantable under clause 3, paragraph 2, as such service bears to his total service in the Colony

years,

if any, or a pension at ordinary rates in accordance with clauses 1 and 3 of these Regulations; provided that in no case shall the pension under the former alternative exceed the maximum pension which could be claimed under clause 2 (1), viz., forty-sixtieths of his salary as Judge.

No. 3.

1. (a) Except in cases where a right to pension has been previously acknowledged or sanctioned by the Secretary of State or the Governor in Council, officers whose whole time is not given to the public service and professional officers who are allowed the private practice of their professions, may not be awarded pensions under these Regula- tions. If a pension is granted in any such case the addition specified in paragraph 2 of this clause for professional or peculiar qualifications shall not as a general rule be made, nor as a general rule shall any fees paid out of the Treasury be included in salary in computing pension.

(b) Save as in this clause excepted, such officers as in this clause are referred to may not in the case of abolition of office be awarded the pension provided for the case of abolition of office, but every such officer may receive a pension at such reduced rate as the Secretary of State may see fit in each case to prescribe.

2. In computing the pension of an officer who on first entering the service was appointed to an office mentioned in the schedule hereto and retires therefrom or from some other office requiring like qualifications, the additions in the said schedule men- tioned may be made to his period of service: Provided that no such addition shall be made in the case of any officer who has been transferred to the service of the Colony from Her Majesty's Naval or Military service, and that no addition shall be made which together with the number of years of actual service shall amount to more than thirty-five

years.

No. 4.

1. Every Public Officer borne on the Fixed Establishment of the Colony who is appointed either directly or after intermediate service under the Crown outside the Colony to be Governor of the Colony shall on his retirement be entitled to the same pension as if he had continued to hold the office which he held in this Colony previous to such appointment and as if his retirement were occasioned by ill-health.

2. If there is offered to any such ex-Governor being under the age of fifty-five years any office under the Crown either in the Colony or elsewhere which, regard being had as well to the state of his health as to his previous services, such ex-Governor may be properly called upon to accept, the Secretary of State for the Colonies may suspend either wholly or in part as he in his absolute discretion may think fit the pension of such ex-Governor during his tenure of such office in case of acceptance or in case of non- acceptance until he attains the age of fifty-five years.

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