THE HONGKONG GOVERNMENT GAZETTE, 21st MAY, 1879.
The Treasury to the Colonial Office.
TREASURY CHAMBERS,
8th April, 1873.
267
SIR, I am directed by the Lords Commissioners of Her Majesty's Treasury to acquaint you, for the information of the Secretary of State, that their Lordships' attention has been called to the question of granting Compensation Allowances under the 7th Clause of the Superannuation Act of 1859, to persons holding situations in the Civil Service of the State of an established character, the duties of which are not such as to require that the holder should give his whole time to the Public Service.
2. The grant of Superannuation Allowances under that Act to persons retiring from age or ill-health is limited to persons in the Permanent Civil Service of the State, as defined by the 17th Section of the Act, and is subject to the power conferred on this Board by the proviso at the end of the 2nd Section of the Act, of deciding finally on the claim of any person or class of persons for Superannuation under that clause.
3. In the exercise of the discretion thus conferred upon them, this Board have, since the passing of the Act in question, uniformly declined to recognise any claim to Superannuation under the 2nd Section of the Act on the part of persons holding situations in the Civil Service of the State, the duties of which are not such as to require that the holder should give his whole time to the Public Service, due regard being had to the claims of any such persons who might have already acquired a claim to Superannuation before the passing of the Act. My Lords do not intend to make any change in their practice in this respect
4. But the terms of the 7th Section of the Act, which provides for the grant of Compensation Allowances to "any persons retiring or removed from the Public Service in consequence of the aboli- tion of his office, or for the purpose of facilitating improvements in the organization of the department to which he belongs, by which greater efficiency and economy can be effected," appear to My Lords to justify them in extending its benefits to persons whose position in the Civil Service gives them no claim to Superannuation under the 2nd Section.
5. My Lords, however, are at the same time of opinion that a marked distinction should be made in the amount awarded as compensation for abolition or reorganization of office to a Civil Servant who would have no claim to Superannuation in the event of his retiring from the Service on account of age or ill-health, and the amount of compensation which would have been awarded to the same Civil Servant if his position in the Civil Service had been such as to give him a claim to Superannuation under the 2nd Section of the Act.
6. Accordingly, My Lords intend to observe the following rule: When a person holding a situa- tion in the Civil Service of the State of an established character, the duties of which are not such as to require that the holder should give his whole time to the Public Service, leaves the Service under the circumstances defined by the 7th Section of the Superannuation Act of 1859, My Lords will fix his Compensation Allow- ance under that Section at an amount equal to three-fourths of the Compensation Allowance which would have been awarded to the same person under the same Section if his position in the Service had been one which gave him a claim to Superannuation under the 2nd Section of the Act.
7. It is hoary to observe that the grailt of Compensation Allowances under the 7th
Section of the Act to persons who are in a position to claim Superannuation under the 2nd Section of the Act, is regulated by the Treasury Minutes of the 14th June, 1859 (paragraph 4), and the 17th December, 1864, copies of which were circulated at the time among the several Public Departments. Duplicate copies of these Minutes are, however, enclosed herewith for convenience of reference.
8. My Lords request that the above regulations may be made known to all persons serving in your Department, and in the Departments (if any) which are subordinate to your own, for which purpose such number of copies of this Circular and of the two Minutes above mentioned as you may require, can be had from the Treasury on application.
9. In order to enable this Board to apply correctly the regulations stated above to the several cases which are submitted to them either for Superannuation or for Compensation, My Lords have caused a new form to be prepared "of Particulars required to be furnished in reference to persons recommended for Superannuation, Compensation, or Compassionate Allowances, or Gratuities on Retirement," in which, inter alia, a heading has been inserted, requiring the Department which for- wards the case to state whether the person retiring from the Service has held a situation, the duties of Some which are such as to require that the holder should give his whole time to the Public Service. minor improvements have also been made in the wording of this form.`
10. My Lords request that for the future the particulars of all cases which are submitted to them for the grant of any Superannuation, Compensation, or Compassionate Allowance, or Gratuity on Retirement, may be furnished in the first instance on a form similar to the one now enclosed, copies of which may be had on application to the Stationery Office. This form will supersede the "form of particulars" now in use.
11. My Lords take this opportunity of calling your attention to the Minute of this Board, dated 14th of March, 1870, as to the importance of filling in the "date of cessation of duty," and the "date of cessation of salary," in the spaces reserved for that purpose in the form.
R. G. W. HERBERT, ESQ.,
Colonial Office.
I am, Sir,
Your obedient Servant,
(Signed)
WILLIAM LAW.
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