6
Allowance to Officers who have
THE HONGKONG GOVERNMENT GAZETTE, 2ND JANUARY, 1892.
served fifteen years on the temporary
establishment.
Existing claims.
Compulsory
2. Subject as aforesaid, every public Officer (other than a Judge of the Supreme Court) who, having been in the service of the Crown elsewhere than in the Colony, or in the service of one of the Protected Native States in the Malay Peninsula, is transferred from such service to the Fixed Establishment of the Colony, and who in respect of his aggregate service in the Colony and elsewhere might have been awarded, had it been wholly in the Colony, a pension or retiring allowance under this Minute, may, on his retirement from the service of the Colony, if he at the same time retires from the service of the Crown, or of such Native State, and if he had served for a period of at least twelve months in the Colony, be awarded a pension at the rate of one seven-hundred-and-twentieth of the amount of his annual salary at the date of such retirement for each calendar month of his service in the Colony, and in every such case there may be added, at the discretion of the Governor in Council, in computing the period of the retiring Officer's service in the Colony, a number of months not exceeding :-
(a) One-third of the aggregate of his service elsewhere than in the Colony,
nor
(b) Two-thirds of his service in the Colony; nor
(c) in any case eighty-four months.
3. Subject as aforesaid every Judge of the Supreme Court who is transferred to or from the service of the Colony from or to other service under the Crown, and who may not be awarded a pension under this Minute, may (if he might have been awarded a pension under this Minute in respect of his aggregate service under the Crown in this Colony and elsewhere) be granted on his ultimate retirement a pension at the rate of two seven-hundred-and-twentieths of the amount of his annual salary at the date of his retirement (if he ultimately retires as a Judge of the Supreme Court of this Colony) or at the date of his being so transferred from the service of this Colony for each month of his service in this Colony.
No. 16.
1. In the case of an Officer who is not qualified for a pension or retiring allowance under this Minute, but has continuously served on the Temporary Establishment of the Colony for fifteen years or upwards, and is at the date of his retirement in receipt of a salary exceeding $240 per annum, a monthly allowance may be granted to such Officer not exceeding three-fourths of the pension which might have been awarded to him had he been employed on the Fixed Establishment; provided that when an Officer has been transferred from the Fixed to the Temporary Establishment he shall be entitled, either (a) to count his service on the Temporary Establishment as though it were service on the Fixed Establishment, at the salary which he received immediately prior to such transfer, or (b) to count bis service on the Fixed Establishment as though it were service on the Temporary Establishment, and to take the benefit of this clause accordingly. And in the case of an officer on the Temporary Establishment whose salary does not exceed $240 per annum, or of an Officer paid out of an open vote who is not on either the Fixed or Temporary Establishment of the Colony, a compassionate allowance may be granted as under clause I paragraph 2, but such compassionate allowance shall not exceed one half of the rate of pension grantable under clause I paragraph 1.
2. In lieu of any pension or compassionate allowance granted under this Minute there may be paid to an Officer with the approval of the Secretary of State, a capital sum equal to five years' payments of such pension or compassionate allowance, but no such capital sum shall ordinarily be paid in the case of retirement on the ground of ill-health.
No. 17.
Nothing contained in this Minute shall interfere with the pension rights of persons who entered the service of the Colony before the date of the Minute, or shall restrict or diminish any superannuation allowance, compensation, or gratuity which, if this Minute had not been issued, might have been granted to any such person, but except as aforesaid, the provisions of the Minute shall apply as well to persons who have already entered the Public Service as to those who may hereafter enter the Public Service of Hongkong.
No. 18.
Except in cases of exceptional ability the Governor in Council shall (subject as retirement at sixty. regards Officers appointed under instructions received from or through the Secretary of
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