719876-1862-MINUTE-BY-THE-COVERNOR- — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, 29тп NOVEMBER, 1862.

Ard in like manner a further addition to the Annual Allowance of One-sixtieth in respect of each additional Year of such Service until the completion of a period of Service of Thirty-five Years when the Annual Allowance of Forty-sixtieths may be granted, and no addition shall be made in respect of any Service beyond Thirty-five Years.

3. The Chief Justice, provided he shall not have served in any other Office in the Colony, shall be entitled to a Pension after Seven Years' Service; at which time an Allowance of Three Years' addi- tional Service shall be made to him; such Pension to increase at the rate of Two Years' Service for each additional Year he serves until an Allowance of Ten Years' additional Service has been made to him: after which his Pension shall increase at the same rate only as other Officers until he shall have reached Twenty-five Years' Service when he may receive the full Allowance of Forty-sixtieths of his Annual Salary, and no addition shall be made for any Service beyond Twenty-five Years.

4. The Judge of the Summary Jurisdiction Court, and the Colonial Chaplain, provided that pre- vious to their appointments in such capacities, they shall not have served in other Offices in the Colony shall be entitled after Ten Years' and under Eleven Years' Service to Pensions at the rate of Twenty- sixtieths of the annual Salaries of their respective Offices, increasing an additional Sixtieth for every additional Year's Service, until the completion of Thirty Years' Service, when the annual allowance of Forty-sixtieths may be granted, and no addition shall be made in respect of any Service beyond Thirty Years. In case of the elevation of any Judge of the Court of Summary Jurisdiction, who may be en- titled to the additional Five Years allowed by this clause, to the Office of Chief Justice, the Pension of such Officer upon retirement may be calculated at the rate specified in this clause.

5. Any Public Servant of the Colony who may be elevated to the Office of Governor of Hongkong shall on his retirement from that Office be entitled to the same Pension as if he had continued to hold the Office which he vacated when he was appointed Governor and (supposing him not to be Fifty-five Years of age) as if he had retired from ill-health. Provided that if there shall be offered to any such .ex-Governor being under the age of Fifty-five Years any Public Office, or situation under the Crown, which having reference as well to the state of his health as to the nature of his previous Services, such ex-Governor may, in the judgment of the Lords Commissioners of H. M.'s Treasury, be properly called upon to accept; it shall be competent to the said Lords Commissioners to declare should he decline the same that the Pension of such ex-Governor shall be suspended until he shall obtain the age of Fifty-five Years.

6. No Public Servant will be held to have an absolute right to compensation for past Services, or to any Pension under this Minute; and Government will retain power and authority to dismiss any Public Servant without compensation.

7. No Pension will be granted to any Public Servant without the authority of Her Majesty's Government, in order to obtain which, Certificates of Service, Age, Good Conduct, and of the ground of retirement, must be submitted to the Secretary of State.

8. No Pension shall be granted to any Public Servant, who shall be under Fifty-five Years of age, unless upon Certificate from the Head of the Department to which he may belong, and from two Medical Practitioners that he is incapable, from infirmity of mind or body, to discharge the duties of his situa- tion; nor, unless he shall have discharged those duties with diligence and fidelity, to the satisfaction of the Head of his Department. And in case the Officer claiming such Pension shall be himself the Head of a Department, then such Pension shall not be granted unless he shall have discharged the duties of his Office with diligence and fidelity, to the satisfaction of the Governor, by whom the same shall be certified to the Secretary of State.

9. It will be competent to Her Majesty's Government, in cases of peculiar and extraordinary merit, to grant special and higher rates of Pension than those laid down in this Minute, but not exceeding the full amount of the Salery.

10. The above-mentioned rates are only to be granted in cases of decidedly faithful and meritorious service; but where the testimony as to fidelity, diligence and merit, is in any respect defective, a de- duction will be made from the apportioned rates. Where there has been obvious negligence, irregu larity or misconduct, the grant of Allowance will be altogether withheld.

11. The claim of a Public Servant to Pension will be considered to have commenced from the date of his first permanent appointment to the Fixed Establishment of this Colony; Service on the Temporary Establishment of this Colony will however be allowed to count for Pension when such Service shall have been continuous with a subsequent permanent appointment. In the case of Public Officers appointed from Home (except Clets) their Services will be reckoned from the date of the Secretary of States' Despatch notifying the appointment to the Governor.

12. Cadets appointed in pursuance of the Regulations published in the Government Gazette of 12th October, 1861, will date the commencement of their Claims to Pension from the period at which the Board of Examiners may declare them qualified for Government Interpreters.

13. The Services in respect of which Superannuation Allowances are granted, ought in all cases to have been continuous; unless interrupted by reduction of Office or other temporary suspension of employment, not arising from misconduct, or voluntary resignation of the party.

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