CIVIL PENSIONS ORDINANCE
Title
CIVIL PENSIONS ORDINANCE
Description
Civil Pensions.
No. 10 of 1862.
An Ordinance to provide for the payment of Pensions to the Civil
Servants of the Government of Hongkong.
[3rd Alay, 1862.]
Be it enacted and ordained by Bis Excellency the Governor of
EHongkoDg, with the advice of the Legislative Council thereof, as
-follows:-
1, T~ere shall be payable in every year to Her ;Majesty, Her heir s
and Successors, out of the general revenue of the Colony of Hongkong,
all such sums as may become due in respect of any pensions, retired
allowances and gratuities granted or to he granted by order of Her
Majesty's Secretary of State for the Colonies, or in conformity with the
provisions contained. in the minutes of Government relating thereto,
llereafter to be issued.
ORDINANCE duo. 10 br 1862.
Civil Pensions.
Minute framed under Ordinance No. 10 of 1862 by flee Governor 5th May
1862, and gazetted 29t1a November 1862.
1, Under instructions from the Right Honourable the Secretary of State,
Rig
Excellency the Governor is pleased to direct that the following rules
respecting
pensions to the public servants of this Colony be published for general
information.
2. Subject to the exceptions and provisions hereinafter contained all
public servants.
holding offices named in the Civil List Ordinance, or offices described
in the Annual
Intimates as the Fixed Establishment of the Colony, and drawing salaries
of thirty
pounds a year and upwards shall be entitled to pensions as follows
To any person who shall have served ten years and upwards and under cloven
years au annual allowance of fifteen-sixtieths of the annual salary of
his office.
For cloven years and under twelve years an annual allowance of sixteen--
sixtieths of such salary.
And in like manner a further addition to the annual allowance of
one-sixtieth ins,
respect of each additional year o£ such service until the completion o£ a
period of sexvice-
oF thirty-five years when the Annual Allowance of forty-sixtieths may be
granted, and no,
addition shall be made in respect o£ any service beyond thirty-five years.
$, The Chief Justice, provided lie shall not have served in any other
office iu -the
Colony, shall be entitled to a pension after seven years' service; at
which time are
allowance of three years' additional service shall be made to him ;such
pension to
increase at the rate of two years' service for each additional year he
serves until all
allowance of ten years' additional service has been made to him; after
which his pen
sion shall increase at the same rate only as other officers until he
shall have reached
twenty-five years' service when ho may receive the full allowance of
forty-sixtieths of-
his anneal salary, and no addition shall be made for any service beyond
twenty-five-
years. ,
¢, The Judge of the Summary Jurisdiction Court, and the Colonial Chaplain,
provided that previous 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 guy Judge of the Court of
Summary Jurisdic-
tion, who may be entitled to the additional five years allowed by this
clause, to the office
cf Chief Justice, the pension of such officer upon retirement may be
calculated at the
rate specified in this clause.
13. 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-
ORDINANCE, No; 1=fl1 or. 186=2.
Civil Pensions.
if he had continued to hold the office which he vacated whop lie was
appointed Governor
mid (supposing him not to be fifty-five years of age) as if lie hart
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 lris health as to the nature of his previous
services, such ex-Governor
may, in the judgment of the Lords Commissioners of Her Majesty's
Treasury, be properly
called upon to accept-, it shall be competent to tire said Lords
Commissioners to declare
should,he decline the same that the pension of each ex-Governor shall be
suspended until
lie shall obtain the age of fif ty-five years.
6. No public servant will be held to have an absolute right to
compensation for
past services, or to ;my pension under this minute; and Government will
retain power and
authority to dismiss any public servant without compensation.
'f, 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, mast be submitted to the Secretary of
State.
$. 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 lie rosy
belong, and from two medical practitioners that lie is incapable, from
infirmity of mind
or body, to discharge the duties of his situation; nor, unless ho 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 bead
of a department,
then such pension shall not be granted unless lie shall have discharged
the duties of his
office with diligence and fidelity, to the satisfaction of the Governor,
by whom the namo
shall be certified to tire Secretary o£ 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 salary.
10. The above mentioned rates are only to be granted in cases of
decidedly faithful
aM
nd eritorious service; but where the testimony as to fidelity, diligence
and merit, is
in any respect defective, a deduction will be made from the apportioned
rates. Where
there has been obvious negligence, irregularity or misconduct, the grant
of allowance
`rill be altogether withheld.
11. The claim of a public servant to pension will be considered to have
commenced
from the date o£ 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
zultsequent.
ORDINANCE No: 1 0 of 1862.
Civil Pensions.
permanent appointment. In the ease of public officers appointed from home
(except
cadets) their services will be reckoned from the date of the Secretary of
State's 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 Govern-
ment 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.
14. The pension shall be computed upon the salary of the permanent office
held
by a public servant at the time of his retirement, provided be shall have
held the same
office for at least three years, and that the salary of the same shall
not hate been revised
during that time; otherwise the pension, shall be calculated upon the
average annual
amount of salary received by such person fox three years nest preceding
the commence-
ment of such pension.
15. In case of reduction or abolition of office, temporary allowances may
be
assigned agreeably to the specified rates; on condition however that the
parties
receiving the same will be liable to be re-called into the service, and
with the under.
standing that they are to be re-employed as opportunity may occur in
preference to
new applicants for office.
16. The period of service upon which the superannuation allowance of all
officers
appointed to the public service, taking leave of absence in the regular
manner with
abatement of salary will be calculated, will be at the rate of one month
for every two
months of such leave.
1'7. If any person receiving a pension under this minute should be
appointed to
fill any office in any public department, such pension shall cease to be
paid for any
period subsequent to such appointment, if the annual amount of the
profits of the
office to which be shall be appointed shall be equal to those of the
office formerly held
by him, and in case it shall not be equal to those of life former office
then no more of
such pension shall be paid to him than what with the salary of his new
appointment
shall be equal to the profits of his former office.
18. Should the time of service not warrant the assignment of an annual
allowance,
a gratuity may be granted after the rate of one month's salary for each
year of service.
O RDIINTANC E _No: 10 ok 1862.
Chief Justices who have not
previously served in any
other Oi'ace in the
Colony.
Portion. o£
the Annnnl
Snlnrv of
the Oitce.
After 7 years' service,
_9
a
s r 'g
9
10
,> 11
12
13
14
15
16
17
» 18
19
20
21
22
2.4
24
25
Civil Pensions.
!'able spewing the hates of Pension payable to the Public Officers of the
G'olony of Hongkong under the foregoing Minute.
Judges of Court of Sum
marl/ Jrarisdxction arid
Colonial Chaplaizis who
leave not previously served
in aray other Office
era ;he Colon.
... 6~
2h
ao
sa
...-3~ 2
33
3.8
portion. of
the Am-1
Snlnry o£
the OHioo.
After 10 years' service, .
21
II » 1r Vii
12 2
1r
13 '1f»
23
rr
14 rf if itb'
24
>) ,r fr `t;it-
2n
rr 15 1f ,f isa-
2a
1f 16 rf VU
17 27
f, 1f 1f ira-
2R
rr 13 1f >r a'tT
2n
ar 19 1f 1r s-a
20 an
rr 1f »
11
rr 21 rf -aa
22
23
, 2
3
R1f rf'a6
-24 ,r' is '~~-
sa
,r 25
1f » i; G
26 >f 1r
a
rf 27 1f rf
s.
,; R
.f
_6 U
28
29 1f rf ~a
ys
30 s, z: s I
4 0
1r ,
All other Officers returned
in the Civil List or described
as Fixed Establishment in
the Annual Estimates acrd
who are era receipt of
Salaries of ;G'30 a year
arid upwards.
Yortlone of
the Annnnl
Rnlurp of
the 016m.
After 10 years' service, ....'
-
1R
du
17
-aii
1P
iiu
10
-u ti
20
21
22
uu
2 ;1
ao
24
2 t:
t; o
2 7
'air
28
29
3 U
V_U
31
32
33
ru-
R4
~a
3.7
-44
11
12
13
14 »
15
is
17
18
19
20
21
0
23
24
25
26
27
28
29
30
31 .
32
33
34
35
531
Title.
Provision for payment of pensions.
No. 10 of 1862.
An Ordinance to provide for the payment of Pensions to the Civil
Servants of the Government of Hongkong.
[3rd Alay, 1862.]
Be it enacted and ordained by Bis Excellency the Governor of
EHongkoDg, with the advice of the Legislative Council thereof, as
-follows:-
1, T~ere shall be payable in every year to Her ;Majesty, Her heir s
and Successors, out of the general revenue of the Colony of Hongkong,
all such sums as may become due in respect of any pensions, retired
allowances and gratuities granted or to he granted by order of Her
Majesty's Secretary of State for the Colonies, or in conformity with the
provisions contained. in the minutes of Government relating thereto,
llereafter to be issued.
ORDINANCE duo. 10 br 1862.
Civil Pensions.
Minute framed under Ordinance No. 10 of 1862 by flee Governor 5th May
1862, and gazetted 29t1a November 1862.
1, Under instructions from the Right Honourable the Secretary of State,
Rig
Excellency the Governor is pleased to direct that the following rules
respecting
pensions to the public servants of this Colony be published for general
information.
2. Subject to the exceptions and provisions hereinafter contained all
public servants.
holding offices named in the Civil List Ordinance, or offices described
in the Annual
Intimates as the Fixed Establishment of the Colony, and drawing salaries
of thirty
pounds a year and upwards shall be entitled to pensions as follows
To any person who shall have served ten years and upwards and under cloven
years au annual allowance of fifteen-sixtieths of the annual salary of
his office.
For cloven years and under twelve years an annual allowance of sixteen--
sixtieths of such salary.
And in like manner a further addition to the annual allowance of
one-sixtieth ins,
respect of each additional year o£ such service until the completion o£ a
period of sexvice-
oF thirty-five years when the Annual Allowance of forty-sixtieths may be
granted, and no,
addition shall be made in respect o£ any service beyond thirty-five years.
$, The Chief Justice, provided lie shall not have served in any other
office iu -the
Colony, shall be entitled to a pension after seven years' service; at
which time are
allowance of three years' additional service shall be made to him ;such
pension to
increase at the rate of two years' service for each additional year he
serves until all
allowance of ten years' additional service has been made to him; after
which his pen
sion shall increase at the same rate only as other officers until he
shall have reached
twenty-five years' service when ho may receive the full allowance of
forty-sixtieths of-
his anneal salary, and no addition shall be made for any service beyond
twenty-five-
years. ,
¢, The Judge of the Summary Jurisdiction Court, and the Colonial Chaplain,
provided that previous 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 guy Judge of the Court of
Summary Jurisdic-
tion, who may be entitled to the additional five years allowed by this
clause, to the office
cf Chief Justice, the pension of such officer upon retirement may be
calculated at the
rate specified in this clause.
13. 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-
ORDINANCE, No; 1=fl1 or. 186=2.
Civil Pensions.
if he had continued to hold the office which he vacated whop lie was
appointed Governor
mid (supposing him not to be fifty-five years of age) as if lie hart
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 lris health as to the nature of his previous
services, such ex-Governor
may, in the judgment of the Lords Commissioners of Her Majesty's
Treasury, be properly
called upon to accept-, it shall be competent to tire said Lords
Commissioners to declare
should,he decline the same that the pension of each ex-Governor shall be
suspended until
lie shall obtain the age of fif ty-five years.
6. No public servant will be held to have an absolute right to
compensation for
past services, or to ;my pension under this minute; and Government will
retain power and
authority to dismiss any public servant without compensation.
'f, 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, mast be submitted to the Secretary of
State.
$. 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 lie rosy
belong, and from two medical practitioners that lie is incapable, from
infirmity of mind
or body, to discharge the duties of his situation; nor, unless ho 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 bead
of a department,
then such pension shall not be granted unless lie shall have discharged
the duties of his
office with diligence and fidelity, to the satisfaction of the Governor,
by whom the namo
shall be certified to tire Secretary o£ 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 salary.
10. The above mentioned rates are only to be granted in cases of
decidedly faithful
aM
nd eritorious service; but where the testimony as to fidelity, diligence
and merit, is
in any respect defective, a deduction will be made from the apportioned
rates. Where
there has been obvious negligence, irregularity or misconduct, the grant
of allowance
`rill be altogether withheld.
11. The claim of a public servant to pension will be considered to have
commenced
from the date o£ 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
zultsequent.
ORDINANCE No: 1 0 of 1862.
Civil Pensions.
permanent appointment. In the ease of public officers appointed from home
(except
cadets) their services will be reckoned from the date of the Secretary of
State's 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 Govern-
ment 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.
14. The pension shall be computed upon the salary of the permanent office
held
by a public servant at the time of his retirement, provided be shall have
held the same
office for at least three years, and that the salary of the same shall
not hate been revised
during that time; otherwise the pension, shall be calculated upon the
average annual
amount of salary received by such person fox three years nest preceding
the commence-
ment of such pension.
15. In case of reduction or abolition of office, temporary allowances may
be
assigned agreeably to the specified rates; on condition however that the
parties
receiving the same will be liable to be re-called into the service, and
with the under.
standing that they are to be re-employed as opportunity may occur in
preference to
new applicants for office.
16. The period of service upon which the superannuation allowance of all
officers
appointed to the public service, taking leave of absence in the regular
manner with
abatement of salary will be calculated, will be at the rate of one month
for every two
months of such leave.
1'7. If any person receiving a pension under this minute should be
appointed to
fill any office in any public department, such pension shall cease to be
paid for any
period subsequent to such appointment, if the annual amount of the
profits of the
office to which be shall be appointed shall be equal to those of the
office formerly held
by him, and in case it shall not be equal to those of life former office
then no more of
such pension shall be paid to him than what with the salary of his new
appointment
shall be equal to the profits of his former office.
18. Should the time of service not warrant the assignment of an annual
allowance,
a gratuity may be granted after the rate of one month's salary for each
year of service.
O RDIINTANC E _No: 10 ok 1862.
Chief Justices who have not
previously served in any
other Oi'ace in the
Colony.
Portion. o£
the Annnnl
Snlnrv of
the Oitce.
After 7 years' service,
_9
a
s r 'g
9
10
,> 11
12
13
14
15
16
17
» 18
19
20
21
22
2.4
24
25
Civil Pensions.
!'able spewing the hates of Pension payable to the Public Officers of the
G'olony of Hongkong under the foregoing Minute.
Judges of Court of Sum
marl/ Jrarisdxction arid
Colonial Chaplaizis who
leave not previously served
in aray other Office
era ;he Colon.
... 6~
2h
ao
sa
...-3~ 2
33
3.8
portion. of
the Am-1
Snlnry o£
the OHioo.
After 10 years' service, .
21
II » 1r Vii
12 2
1r
13 '1f»
23
rr
14 rf if itb'
24
>) ,r fr `t;it-
2n
rr 15 1f ,f isa-
2a
1f 16 rf VU
17 27
f, 1f 1f ira-
2R
rr 13 1f >r a'tT
2n
ar 19 1f 1r s-a
20 an
rr 1f »
11
rr 21 rf -aa
22
23
, 2
3
R1f rf'a6
-24 ,r' is '~~-
sa
,r 25
1f » i; G
26 >f 1r
a
rf 27 1f rf
s.
,; R
.f
_6 U
28
29 1f rf ~a
ys
30 s, z: s I
4 0
1r ,
All other Officers returned
in the Civil List or described
as Fixed Establishment in
the Annual Estimates acrd
who are era receipt of
Salaries of ;G'30 a year
arid upwards.
Yortlone of
the Annnnl
Rnlurp of
the 016m.
After 10 years' service, ....'
-
1R
du
17
-aii
1P
iiu
10
-u ti
20
21
22
uu
2 ;1
ao
24
2 t:
t; o
2 7
'air
28
29
3 U
V_U
31
32
33
ru-
R4
~a
3.7
-44
11
12
13
14 »
15
is
17
18
19
20
21
0
23
24
25
26
27
28
29
30
31 .
32
33
34
35
531
Title.
Provision for payment of pensions.
Abstract
531
Title.
Provision for payment of pensions.
Title.
Provision for payment of pensions.
Identifier
https://oelawhk.lib.hku.hk/items/show/174
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 10 of 1862
Number of Pages
5
Files
Collection
Historical Laws of Hong Kong Online
Citation
“CIVIL PENSIONS ORDINANCE,” Historical Laws of Hong Kong Online, accessed March 2, 2025, https://oelawhk.lib.hku.hk/items/show/174.
