660742-1888-Superanuation-Act-1887 — Page 2

258

A.D. 1887.

Power to grant

to persons removed.

THE HONGKONG GOVERNMENT GAZETTE, 10TH MARCH, 1888.

2.--(1.) Where a civil servant is removed from his office on the ground of his in- ability to discharge efficiently the duties of his office, and a superannuation allowance retiring allowance cannot lawfully be granted to him under the Superannuation Acts, 1854 and 1859, and the Treasury think that the special circumstances of the case justify the grant to him of a retiring allowance, they may grant to him such retiring allowance as they think just and proper, but in no case exceeding the amount for which his length of service would qualify him under sections two and four of the Superannuation Act, 1859, without any addition under section seven of that Act.

Reckoning of

temporary services.

Compassionate gratuity on retire- ment of person not entitled to superannuation.

Provision against double pensions.

Regulations as to officers receiving half-pay or retired

pay.

(2.) A minute of the Treasury granting an allowance under this section to any civil servant shall set forth the amount of the allowance granted to him, and the reasons for such allowance, and shall be laid before Parliament: Provided that the Treasury before making the grant shall consider any representation which the civil servant re- moved may have submitted to them.

3. Where a person at the time he becomes a civil servant within the meaning of this Act is serving the State in a temporary capacity, the Treasury may, if in their opinion any special circumstances of the case warrant such a course, direct that his service in that capacity may be reckoned for the purposes of the Superannuation Acts, 1834 and 1859, and this Act, as service in the capacity of a civil servant, and it shall be so reckoned accordingly.

4. If a person employed in any public department in a capacity in respect of which a superannuation allowance cannot be granted under the Superannuation Act, 1859, retires, or is removed from his employment, and

(a.) the employment is one to which he was required to devote his whole.

time, and

(b.) the remuneration for the employment was paid entirely out of moneys

provided by Parliament, and

(c.) he has served in the employment for not less than seven years, if he is

removed in consequence of the abolition of his employment, or for the purpose of facilitating improvements in the organisation of the depart- ment by which economy can be effected, or for not less than fifteen years if his retirement is caused from infirmity of mind or body, permanently incapacitating him from the duties of his employment,

the Treasury may, if they think fit, grant to him a compassionate gratuity not exceed- ing one pound or one week's pay, whichever is the greater, for each year of his service in his employment.

5. A person shall not be entitled to reckon the same period of time both for the purpose of a superannuation allowance under the Superannuation Acts, 1834 and 1859, and this Act, and also for the purpose of naval or military non-effective pay.

6.-(1.) The Treasury may, within one month after the passing of this Act, frame rules as to the conditions on which any civil employment of profit under any public. department as defined by this Act, or any employment of profit under the Government of any British possession, or any employment under the Government of any Foreign State may be accepted or held by any person who is in receipt of or has received any sum granted by Parliament for the pay, half-pay, or retired pay of officers of Her Majesty's naval or land forces, or otherwise for payment for past service in either of such forces, or who has commuted the right to receive the same, and as to the effect of such acceptance or holding on the said pay or sum, and the Treasury may in such rules provide for the enforcement thereof by the forfeiture, suspension, or reduction of any such pay or sum as aforesaid, or of any commutation money or remuneration for such employment.

(2.) Such rules shall also provide for the returns to be laid before Parliament of such officers accepting employment as are affected by the rules, and shall come into operation at the date of the passing of this Act.

(3.) The rules shall be laid before both Houses of Parliament forthwith.

(4.) For the purposes of this section "British possession" means any part of Her Majesty's dominions out of the United Kingdom, and this section shall apply to Cyprus as if it were a British possession.