660742-1888-Superanuation-Act-1887 — Page 7

THE HONGKONG GOVERNMENT GAZETTE, 10TH MARCH, 1888.

Colonial Government may, if the Admiralty or War Department think fit, count towards promotion and retirement, as though it were service in the Imperial Forces, and in that case the retired pay earned by his Colonial service whilst he remains on the said Active List will in due course be chargeable on Imperial funds.

11. An officer on the Active List shall accept and hold any employment of profit Duration of under a Colonial Government on condition only that the employment does not, in the employment. absence of exceptional circumstances, last for a period exceeding five years, and is not renewed.

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whilst in Colonial

12. If an officer retire from the Imperial Forces whilst he holds an employment of As to Officers retiring profit under a Colonial Government, he may at once draw so much of his retired pay as service. was earned by Imperial service before his entering the Colonial service; and upon his retirement from the Colonial service he may also draw the retired pay earned by so much of his Colonial service as preceded his retirement from the Imperial Forces.*

Retired List who

13. If an officer on the Retired List now holds, or shall hereafter accept, an employ- As to Officers on ment of profit under a Colonial Government, his retired pay, even though earned by accept Colonial mixed Imperial and Colonial service, shall not be suspended in whole or in part, by employment. reason of such employment, unless the Admiralty or War Department think fit other- wise to order; and any such order may be carried into effect.

Retired Pay.

14. Service under a Colonial Government subsequent to an officer's retirement Check on increase of from the Imperial Forces, shall not increase the charge for his non-effective pay upon Imperial funds.

IV. SAVING CLAUSES.

Officers.

15. If any officer who is on the half-pay or retired list, or who has commuted his Saving for certain non-effective pay, or retired from the Imperial forces with a gratuity, accepts or holds any civil employment of profit under any public department, or any employment under the Government of any British Possession, and is not subject to Rule 4, or is not subject to Rules 10 to 14, both inclusive, he shall accept and hold such employment on condition that he does not receive any part of any sum granted for non-effective pay for any time during which he holds such employment, except as hereafter mentioned, that is to say:

(a.) If the appointment is in Her Majesty's Household, he may receive the

full amount of his non-effective pay :

(b.) If the annual emoluments of the employment do not exceed three times the amount of the highest rate of non-effective pay attached to the rank, by virtue of which he claims to receive non-effective pay, such person may, with Her Majesty's pleasure to that effect, signified by the Treasury through one of Her Majesty's Principal Secretaries of State, receive the non-effective pay to which he would be entitled if he held no such employ- ment of profit:

(c.) Where the annual emoluments of the employment exceed three times the amount of such highest rate of non-effective pay as aforesaid, but fall short of four times such amount, the holder of such employment may, with Her Majesty's pleasure, signified in the manner aforesaid, receive so much non-effective pay as, added to the emoluments of his employment, will together make up four times the amount of such non-effective pay.

16. In the case of any officer who has accepted any employment before the passing Saving for existing of the Superannuation Act, 1887, the foregoing rules shall not, without his consent, Officers. apply to him so far as respects that employment, and if he does not so consent, the law and regulations applying to such officer immediately before such passing shall continue to apply to him so far as respects that employment.

Treasury, September 1887.

* This Rule corresponds with a concession made by the Treasury in a letter to the War Department, dated 19th November 1886, and acted upon in certain cases from not earlier than that date (vide pages 34-5 of Sessional Paper (85) of 1887).

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