WIDOWS' AND CHILDREN'S PENSIONS ORDINANCE

WIDOWS' AND CHILDREN'S PENSIONS ORDINANCE

LAWS OF HONG KONG

WIDOWS' AND CHILDREN'S PENSIONS
ORDINANCE

CHAPTER 79





CHAPTER 79

WIDOWS' AND CHILDREN'S PENSIONS ORDINANCE

ARRANGEMENT OF SECTIONS

Section...................................... Page
1...............................Short title 2
2............................Interpretation 2
3..................Application of Ordinance 6
4........................Board of Directors 7
4A..........Review of decisions by Directors 8
5.Power to grant widows' and children's pensions 8
6.Pension under this Ordinance to depend on deceased's pension 8
7..........................Minimum benefits 9
8...........................Widows'pensions 10
9..Payment of pension in cases of desertion 11
10........Children's pensions: beneficiaries 11
10A.Pensions and beneficiaries where there is more than one contributory service 12
11.Rate and mode of payment of children's pensions 12
12............Bankruptcy of a widow or child 14
13.Rate and mode of payment of contributions 14
14.Return of contributions and surrender of benefits 18
15...............Information to be furnished 20
16.................Penalty for non-compliance 22
17..................Mode of making elections 22
18...............Proof of claims on pensions 23
19.Decision of questions under the Ordinance 23
20......Power of Governor to give directions 23
21................Pension not to be assigned 23
22.........Effect of certain nullity decrees 24
23......................Financial provisions 24
24....Date of application to female officers 24
25..........No decrease of previous benefits 25
26....................Application of Cap. 94 26
27.................(Amendments incorporated) 26
28...................Transitional provisions 26

Schedule. Application of Ordinance to certain officers 27





CHAPTER 79

WIDOWS' AND CHILDREN'S PENSIONS

To make provision for granting pensions to widows and children of deceased public
officers, and for purposes connected therewith.

[1 January 19781 L.N. 323 of 1977

Originally 75 of 1977-58 of 1978,57 of 1979,59 of 1982, L.N. 84 of 1985,36 of 1987, R. Ed.
1987, 85 of 1988

1. Short title

This Ordinance may be cited as the Widows' and Children's Pensions

Ordinance.

2. Interpretation

(1) In this Ordinance, unless the context otherwise requires

,,agreement' in relation to an officer means an agreement expressly providing for the
payment of a gratuity dependent upon the length of service of such officer, or
of a monthly pension in lieu of such a gratuity; (Amended 59 of 1982s.2)

,,authorized increase' has the same meaning as in the Pensions (Increase)
Ordinance(Cap. 305); (Added 36 of 1987 s. 37)

'basic pension' has the same meaning as in the Pensions (Increase) Ordinance
(Cap.305); (Added`36 of 1987 s. 37)

'child' in relation to a contributor--

(a) includes a step-child;

(b)includes a child adopted by the contributor, but does not include a
child of the contributor adopted by another person;

(c) does not include an illegitimate child; and

(d)where polygamy lawfully subsists, does not include a child not being
an adopted child of the contributor unless its mother was at the time
of its birth, the contributor's wife as defined in this subsection;

'children's pension' means a pension granted under section 5(b);

'contributions' means contributions made under this Ordinance or the existing
Ordinance, other than contributions made under the existing Ordinance to
which that Ordinance does not cease to apply under section 26;





'contributor' means an officer to whom this Ordinance applies;

'contributory service' in relation to a public officer means the total period or periods
in respect of which he made contributions notwithstanding the return of any
contributions under section 14(2)(b) or (c);

'the deceased' means a deceased contributor;

'Directors' means the Board of Directors established by section 4;

'existing Ordinance' means the Widows and Orphans Pension Ordinance (Cap. 94);

'marriage', in relation to any public officer, does not include a marriage which takes
place after the officer has ceased to hold public office;

'medical grounds' in relation to the retirement of a public officer

(a)from service under the Government, means the retirement on medical
evidence to the satisfaction of the Governor that he is incapable by
reason of any infirmity of mind or body of discharging the duties of
his office and that such infirmity is likely to be permanent; (Amended
36 of 1987 s. 37)

(b)from other public service, means the circumstances prescribed in the
law or regulations of the public service in which he was last
employed, as correspond to the circumstances prescribed in
paragraph(a); (Amended 36 of 1987 s. 37)

'public officer' means a person of or above the age of 18 years who is appointed or
re-appointed to an established office on terms which attract pension, gratuity or
other benefits under the Pensions Ordinance (Cap. 89), the Pension Benefits
Ordinance (Cap. 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap.
401), whether on probation or not; (Amended 36 of 1987 s. 37; 88 of 1988 s.
39)

'transferred', in relation to a public officer, means transferred to or from service
under the Government from or to other public service;

'widows' pension' means a pension granted under section 5(a);

'wife', in relation to a contributor, means

(a)the lawful wife of the contributor married to him by a Christian
marriage or its civil equivalent; or

(b)where there is no such wife and the contributor is Chinese, the kit fat
or tin fong wife; or

(c)where there is no wife under paragraph (a) or (b) and polygamy
lawfully subsists, the principal wife recognized as such by the
personal law of the contributor,

and 'widow' shall be construed accordingly.

(2) The expressions 'established office', 'non-established office', 'no

tional highest pensionable emoluments', 'other public service', 'pensionable

emoluments', 'pensionable service' and 'public service' have, in relation to a

public officer





(a)in case the Pensions Ordinance (Cap. 89) applies to such officer, the
meanings assigned to them, respectively, by section 2 of that
Ordinance;

(b)in case the Pension Benefits Ordinance (Cap. 99) so applies, the
meanings assigned to them, respectively, by section 2 of that
Ordinance; and (Replaced 36 of 1987 s. 37. Amended 88 of
1988s.39)

(e)in case the Pension Benefits (Judicial Officers) Ordinance (Cap. 401)
so applies, the meanings assigned to them, respectively, by section 2
of that Ordinance. (Added 85of 1988s.39)
(3) (a)The expression 'the rate of the pension of the deceased- means the
annual rate of the pension of the deceased, calculated in accordance
with paragraph (b), plus any authorized increase, and in the case of a
public officer who retired or transferred to other public service before
attaining the age at which he would retire, shall include any
authorized increase which the basic pension would have attracted
had the officer attained that age prior to his retirement or transfer,
and, in the case of an officer who transferred, had instead retired.

(b)Subject to paragraph (c) and section 7, the expression 'the annual
rate of the pension of the deceased' in paragraph (a) means a sum
calculated at the rate of 1/600 of his annual pensionable emoluments
or annual emoluments that would have been pensionable emoluments
had he been appointed or re-appointed to an established office on
terms which attract pension, gratuity or other benefits under the
Pensions Ordinance (Cap. 89), the Pension Benefits Ordinance (Cap.
99) or the Pension Benefits (Judicial Officers) Ordinance (Cap. 401), in
each case at the time of his retirement or transfer from service under
the Government or his death prior to such retirement, or his
resignation from the service, for the grant of a deferred pension under
the Pension Benefits Ordinance (Cap. 99) or the Pension Benefits
(Judicial Officers) Ordinance (Cap. 401), as the case may be, for each
complete month of his contributory service subject to a maximum of
400 months, and any incomplete month of contributory service shall
be taken to be that fraction of a complete month whereof the
denominator is 30 and the numerator the number of days of
contributory service in that incomplete month, irrespective of the
actual number of days in that month. (Amended 88 of 1988 s. 39)

(c)Where the deceased had more than one period of contributory
service, the expression 'the annual rate of the pension of the
deceased' in paragraph (a) means a sum calculated in accordance





with paragraphs (b) and (d) in respect of each such period of
contributory service.

(d) For the purpose of this subsection, in determining pensionable

emoluments of a deceased-

(i)where the Pensions Ordinance (Cap. 89) applied to him, the
definition of 'pensionable emoluments' in section 2(1) of that
Ordinance and regulation 18 of the Pensions Regulations (Cap.
89 sub. leg.) shall apply mutatis mutandis as those provisions
apply for the purpose of computing pension under that
Ordinance;

(ii) where the Pension Benefits Ordinance (Cap. 99) applied to him,
section 22 of that Ordinance and regulation 16 of the Pension
Benefits Regulations (Cap. 99 sub. leg.) shall apply mutatis
mutandis as those provisions apply for the purpose of
computing pension under that Ordinance; and (Replaced 36 of
1987 s. 37. Amended 85 of 1988s. 39)

(iii) where the Pension Benefits (Judicial Officers) Ordinance (Cap.
401) applied to him, section 23 of that Ordinance and regulation
16 of the Pension Benefits (Judicial Officers) Regulations (Cap.
401 sub. leg.) shall apply mutatis mutandis as those provisions
apply for the purpose of computing pension under that
Ordinance. (Added 85 of 1988s.39)

(4) A reference in this Ordinance to an adopted child of a person shall be
construed as a reference to a child adopted in pursuance of an adoption order made
under the Adoption Ordinance (Cap. 290) or by any adoption recognized as valid by
the law of Hong Kong, and reference to a person by whom any person has been
adopted shall be construed accordingly.

(5) (a) A person shall be deemed for the purposes of this Ordinance to

be within the period of childhood and full-time education if-
(i) in the case of a male-
(A) he is under the age of 18 years; or

(B)he is under the age of 23 years and, subject to paragraph
(b), has since attaining the age of 18 years continuously
received and is receiving full-time education at any
university, college, school or other educational
establishment;

(ii)in the case of a female, she is unmarried and(A)
under the age of 21 years; or

(B)under the age of 23 years and, subject to paragraph (b), has
since attaining the age of 21 years continuously received
and is receiving full-time education at any university,
college, school or other educational establishment.





(b)As respects any circumstances in which the conditions specified in
paragraph (a)(i)(B) or (a)(ii)(B) are not satisfied, the Directors may,
if they think fit and are satisfied that full-time education ought not to
be regarded as completed, direct either

(i) that any period or periods shall be ignored for the purposes of
that paragraph; or

(ii) that any period or periods shall be treated as full-time education
for all or any of the purposes of this Ordinance. (Replaced 5 7
of 1979 s. 2)

(6) Where the marriage of any male public officer has been annulled or
dissolved by the decree of any competent court or in any other manner recognized
as effective for that purpose by the law of Hong Kong, this Ordinance shall have
effect in relation to him as if his wife had died, and the officer shall be deemed to
have become a widower at the date of such decree or on such other date, as the case
may be, when the annullment or dissolution took effect.

3. Application of Ordinance

(1) Subject to the Schedule and subsection (3), the Ordinance shall apply to

(a)every public officer in service as a public officer under the
Government at the commencement of this Ordinance who

(i) within 12 months or such greater period as the Governor may by
order under subsection (4) prescribe for the purpose of this
subparagraph, following such commencement, elects that this
Ordinance shall apply to him; or

(ii)in the case of an unmarried male officer who has not so elected
and who subsequently marries, within 6 months of the date of
his marriage elects that this Ordinance shall apply to him;

(b)every person appointed or re-appointed to service under the
Government as a public officer or transferred thereto from other
public service on or after the commencement of this Ordinance;
(Amended 36 of 1987 s. 37)

(c)every officer in service under the Government who is appointed or re-
appointed to a non-established office otherwise than on agreement, if
this Ordinance applied to him immediately before the commencement
of such service; and every such officer shall be deemed for all
purposes of this Ordinance to be a public officer for so long as he
continues to serve in the non-established office. (Amended 36 of
1987 s. 37)

(2) In the case of a public officer to whom





(a) subsection (1)(a) applies, an election shall be effective on and

after the commencement of this Ordinance;
(b) subsection (1)(b) applies and

(i) who was transferred to the service of the Government or who
was not in the service of the Government immediately prior to
his appointment as a public officer in service under the
Government, this Ordinance shall apply on and after the date of
his transfer or appointment, as the case may be;

(ii) who was in the service of the Government immediately prior to
such appointment, this Ordinance shall apply on and after the
date of the-
(A)commencement of this Ordinance or of his pensionable
service in an established office, whichever is the later, in the
case of an officer who immediately prior to such
appointment was in such service on agreement; or
(Amended 36 of 1987 s. 3 7)

(B)commencement of this Ordinance or of his continuous
service under the Government, whichever is the later, in the
case of an officer who immediately prior to such
appointment, was appointed or re-appointed in a non-
established office otherwise than on agreement, (Amended
36 of 1987 s. 37)

and who within 6 months of such appointment elects for such
earlier date of application; and, if he fails so to elect, this
Ordinance shall apply on and after the date of such
appointment.

(3) The Legislative Council may by resolution amend the Schedule to provide
that this Ordinance applies or does not apply to any public officer or class or
description of public officer subject to such conditions and with effect from such
date not being earlier than the commencement of this Ordinance as the Council shall
specify:

Provided that no such order shall terminate the application of this Ordinance to
or in relation to any officer who has made any contributions under this Ordinance
unless he consents in writing.

(4) The Governor may by order prescribe a period of not less than 12 months
nor more than 2 years for the purpose of subsection (1)(a)(i), generally or in respect
of any group of officers.

4. Board of Directors

(1) There is hereby established a Board of Directors to carry out the provisions
of this Ordinance, which it shall do, so far as expedient, through the Director of
Accounting Services.





(2) The Board of Directors shall consist of the Chairman under
subsection (3) and 6 other members appointed by the Governor, of whom 4
shall be public officers and 2 shall be persons who are neither public officers nor
former public officers.
(3) The Chairman of the Public Service Commission shall be Chairman of
the Board.
(4) The Chairman, and in his absence, the senior public officer present,
shall preside at meetings of the Board, and the person presiding shall have a
deliberative vote, and, in the case of an equality of votes, shall also have a
casting vote.
(5) At all meetings of the Board, 3 members including the person
presiding shall form a quorum, and all questions shall be decided by a majority
of the votes of the members present.
(6) Subject to this Ordinance, the Board may regulate its own procedure.

4A. Review of decisions by Directors

The Directors may review any decision made by them under this
Ordinance and any such review may be carried out on the initiative of the
Directors or pursuant to an application to them by a person who, in their
opinion, has an interest in the matters to which the decision sought to be
reviewed relates; and any decision made by them on a review may be
irrespective of whether or not the decision is to the detriment of the widow or
any child.
(Added 36 of 1987 s. 37)

5. Power to grant widows' and children's pensions

Subject to this Ordinance, on behalf of the Directors, the Director of
Accounting Services shall, on the death of a contributor or former contributor
grant and pay or cause to be paid-
(a) where he leaves a widow, a pension to that widow; and
(b)where he had a wife (whether or not the marriage continued until
the death and whether or not a widow's pension is or can be
granted), a pension for the benefit of his children.

6. Pension under this Ordinance to
depend on deceased's pension

(1) A pension shall not be granted under this Ordinance unless the
deceased-
(a) had become eligible for the grant-





(i) of a pension or an annual allowance under the Pensions
Ordinance (Cap. 89) (other than an additional pension under
regulation 3 1 (1)(ii) or (iii) of the Pensions Regulations (Cap. 89
sub. leg.)); or

(ii)of a pension under the Pension Benefits Ordinance (Cap. 99 or
the Pension Benefits (Judicial Officers) Ordinance (Cap. 40 1)
(other than an additional pension under section 15(1) of either of
those Ordinances), (Replaced 85 of 1988 s. 40)

whether or not such pension or annual allowance had actually been
paid;

(b) would have been eligible for the grant-

(i) of a pension or an annual allowance under the Pensions
Ordinance (Cap. 89); or

(ii) of a pension under the Pension Benefits Ordinance (Cap. 99) or
the Pension Benefits (Judicial Officers) Ordinance (Cap. 401),

if the requirement of minimum qualifying service had not been
applicable to him; or

(e)was still serving as a public officer at the time of his death (whether or
not he had been confirmed in an established office) and would, if

(i) he had then retired on medical grounds;

(ii) he had been confirmed in an established office; and

(iii)the requirement of minimum qualifying service had not been
applicable to him,

would have become eligible for the grant of a pension or an annual
allowance under the Pensions Ordinance (Cap. 89) or a pension under
the Pension Benefits Ordinance (Cap. 99) or the Pension Benefits
(Judicial Officers) Ordinance (Cap. 401), as the case may be.

(2) Where the deceased had more than one continuous period of contributory
service, a pension shall be granted under this Ordinance in respect of each such
period.

(Replaced 36 of 1987 s. 37. Amended 85 of1988s.40)

7. Minimum benefits

(1) Where the deceased at the time of his death was a public officer in service
under the Government or had retired from that service in the circumstances
described in section 6(1)(c), (d) or (e) of the Pensions Ordinance (Cap. 89), section 11
(1)(d), (g) or (h) of the Pension Benefits Ordinance (Cap. 99) or section 7(1)(d), (g) or
(h) of the Pension Benefits (Judicial Officers) Ordinance (Cap. 401), his pension
under this Ordinance shall- (Amended 36 of 1987 s. 37,-85 of 1988 s. 41)





(a)if his contributory service was less than 20 years but would not have
been for a period shorter than 20 years if he died or retired at the age
of 55 years, be computed as if his contributory service had been for a
period of 20 years; or

(b)if his contributory service would have been, for a period shorter than
20 years if he died or retired at the age of 55 years, and was less than
that shorter period, be computed as if his contributory service had
been for that shorter period.

(2) Where more than one pension is granted under this Ordinance in a case
where the deceased had more than one continuous period of contributory service,
the total of the pension payable under this Ordinance in respect of each such period
shall not exceed the pension payable if the deceased had one continuous period of
contributory service equivalent to the aggregate of such periods of contributory
service and his highest pensionable emoluments or notional highest pensionable
emoluments, whichever is the greater, been taken for the calculation of the pension.
(Added36 of 1987 s. 37)

8. Widows' pensions

(1) A widow's pension shall not be granted if after the death of the deceased
the widow remarries and if, after the grant of a widow's pension, the widow remarries,
the pension shall cease as from the date of the re-marriage:

Provided that where

(a) a pension is withheld or ceases under this section; and

(b)the Directors are satisfied at a subsequent date that the marriage has
come to an end or that there are compassionate grounds for the
payment of a pension notwithstanding the marriage,

the Directors may, if they think fit and subject to subsection (6), grant or regrant the
pension as from that date.

(2) (Repealed 36 of 1987 s. 37)

(3) Subject to subsection (1), a widow's pension shall be paid in respect of the
whole period from the day following the date of the death of the deceased to the
death of the widow. (Amended 36 of 1987 s. 37)

(4) The annual rate of a widow's pension shall amount to the aggregate of the
following

(a)six-twelfths of the rate of the pension of the deceased which relates
to that part of his contributory service in respect of which he made
contributions under this Ordinance at the rate of 4% of his
pensionable emoluments; and

(b)five-twelfths of the rate of the pension of the deceased which relates
to that part of his contributory service in respect of which he made
contributions under this Ordinance at the rate of 3% of his
pensionable emoluments or in respect of which he made contributions
under the existing Ordinance.




amount as the Governor may from time to time determine for the
purposes of this subsection, the Directors may, on the application of
the widow within 3 months next following the grant of the pension,
commute the pension by paying to her a sum which, according to
actuarial tables prepared from time to time by an actuary appointed
by the Governor, is at the date of payment, actuarially equivalent to
the value of the pension.

(b)This subsection shall not apply where a children's pension has been
granted and the aggregate of the annual rates of the children's
pension and the widow's pension exceeds the amount determined for
the purposes of paragraph (a).
(6) (a)Notwithstanding anything to the contrary in this Ordinance, no
widow shall be eligible for the grant of more than one widows'
pension at the same time, except where more than one widows'
pensions are granted by virtue of section 6(2).

(b)Where but for section 6(2) a widow would have been eligible for the
grant of more than one widows' pension, she shall, subject to this
Ordinance, be granted the largest of those pensions. (Replaced 36 of
1987 s. 37)

9. Payment of pension in cases of desertion

Where the deceased leaves a widow who does not assist or deserts or
abandons a child of the deceased whom she is bound by law to maintain, the
Directors may direct that such portion of the widow's pension as they think fit shall
be paid to such person as they may direct and be applied by him for the benefit of
such child.

10. Children's pensions: beneficiaries

(1) A children's pension shall be granted if, and be paid so long as and
whenever, there are persons for whose benefit it can enure.

(2) Subject to this section, the persons for whose benefit a children's pension
can enure, are the children of the deceased who are for the time being in their period
of childhood and full-time education.

(3) A children's pension cannot enure~-

(a)for the benefit of any person born more than 10 months after the
deceased had ceased to be a public officer;

(b)for the benefit of any person by reason that he is the adopted child of
the deceased if he was born or, as the case may be, adopted, after the
termination of the deceased's last marriage or after the deceased had
ceased to be a public officer; or





(e)for the benefit of any person by reason that he is the child of a wife
of the deceased, if he was born more than 10 months after

the of the





(a)the rate thereof may vary according to the number of persons for
whose benefit it can for the time being enure; and

(b)it shall be paid to such person or persons as the Director of
Accounting Services may from time to time direct, and different parts
thereof may be directed to be paid to different persons; and

(c)the person to whom all or any part thereof is paid shall apply the sum
paid to him, without distinction, for the benefit of all the persons for
whose benefit the pension can for the time being enure or for the
benefit of such of them as the Director of Accounting Services may
from time to time direct.

(2) Where the deceased leaves no widow, and, if he leaves a widow, after her
death, the annual rate of a children's pension

(a)while the persons for whose benefit it can enure are two or more in
number, shall amount to two-thirds of the rate of the pension of the
deceased;

(b)while there is only one such person, shall amount to one-third of the
rate of the pension of the deceased.

(3) Subject to subsection (4), where the deceased leaves a widow, the annual
rate of a children's pension during her life

(a)while there are two or more persons for whose benefit it can enure,
shall amount to one half of the rate of the pension of the deceased;

(b)while there is only one such person, shall amount to one-fourth of the
rate of the pension of the deceased if he is in the care of the widow,
or one-third of such pension if in the care of some other person.

(4) (a)Notwithstanding anything in this section, where the deceased leaves
a widow and no widows' pension is granted to her, or if one is granted
to her, it ceases in accordance with this Ordinance to be paid before
her death, children's pension shall be payable as respects any period
comprised within the life-time of the widow or within the time in
respect of which no widows' pension is payable, as the case may be,
and subsection (3) shall apply as respects any such period
notwithstanding that the widow is still alive and if, but only if, the
Directors are of the opinion that subsection (2) should apply in lieu of
subsection (3) in the particular case, they may give a direction to that
effect.

(b)In case the Directors give a direction under this subsection,
subsection (2) shall have effect in accordance with the direction.
(Replaced 36 of 1987 s. 37)

(5) (a)Where the annual rate of a children's pension does not exceed the
amount determined for the purposes of section 8(5)(a) the Directors
may, on the application of any person made within 3





months next following the grant of the pension, commute the
pension by paying to such person or persons as they think fit a
sum which, according to actuarial tables to be prepared from
time to time by an actuary appointed by the Governor, is at
the date of payment, actuarially equivalent to the value of the
pension.
(b)This subsection shall not apply where a widow's pension has been
granted and the aggregate of the annual rates of the widow's
pension and the children's pension exceeds the amount
determined for the purposes of section 8(5)(a).
(6) (a)Notwithstanding anything to the contrary in this Ordinance, no
child shall be eligible for the grant of or to share in more than one
children's pensions at the same time, except where more than one
children's pensions are granted by virtue of section 6(2).
(b)Where but for section 6(2) a child would have been eligible for
the grant of or to share in more than one children's pension, the
child shall be deemed to be eligible only in respect of that pension
which would in the opinion of the Directors produce the result
most favourable to all the children who might benefit from those
pensions. (Replaced 36 of 1987 s. 37)

12. Bankruptcy of a widow or child
If a person to whom a widow's or children's pension has been granted is
adjudicated bankrupt or declared insolvent by any competent court in Hong
Kong or elsewhere such pension or that person's share thereof, as the case may
be, shall cease as from the date of the adjudication or declaration:
Provided that where a pension or share thereof ceases under this section
the Directors may from time to time during the remainder of the life of the
widow or period of childhood and full-time education of the child, or during
such shorter period or periods, either continuous or discontinuous as they think
fit, authorize the payment to the widow or child of an allowance at a rate not
exceeding the rate of the pension or share or may authorize the application of
such allowance for the maintenance and support of such widow or child, in
such manner and at such time as they think fit.

13. Rate and mode of payment of contributions

(1) Contributions under this Ordinance shall-
(a)subject to this section, be equal to 4% if the contributor so elects
under subsection (3), and otherwise 3%, of the pensionable
emoluments of the contributor, or of his emoluments that would
have been pensionable emoluments had he been serving in an
established office on terms which attract pension, gratuity or





other benefits under the Pensions Ordinance (Cap. 89), the Pension
Benefits Ordinance (Cap. 99) or the Pension Benefits (Judicial
Officers) Ordinance (Cap. 401): (Amended 36 of 1987 s. 37; Amended
85 of 1988 s. 42)

Provided that-

(i) if a contributor has to make contributions under this Ordinance in
respect of any period for which he has already made
contributions under the existing Ordinance to which the
existing Ordinance ceases to apply under section 26, the latter
shall be set off against the former and any balance paid as
arrears in accordance with this Ordinance and any surplus
refunded without interest;

(ii)the contributions of a contributor to whom this Ordinance
applies by virtue of an election made under section 3(1)(a)(ii), in
respect of any period prior to his marriage, shall be equal to 3%
of his pensionable emoluments regardless of the rate for which
he may elect;

(b)be payable in respect of an officer's pensionable emoluments, or
emoluments that would have been pensionable emoluments had he
been serving in an established office on terms which attract pension,
gratuity or other benefits under the Pensions Ordinance (Cap. 89), the
Pension Benefits Ordinance (Cap. 99) or the Pension Benefits
(Judicial Officers) Ordinance (Cap. 401), in the case of an officer-
(Amended36of 1987s. 37,-85 of 1988s. 42)

(i) to whom section 3(1)(a) applies, from the date his election under
that section becomes effective;

(ii) to whom section 3(1)(b) applies, from the date this Ordinance
applies to him under section 3(2)(b);

(iii) transferred to other public service, who subsequently re-enters
public service under the Government, from the date of his re-
entry;

(ba) be payable in respect of any period during which a person, who has
previous contributory service, is re-appointed to service under the
Government at the same percentage as that he has already made
contributions during his previous service; (Added 36 of 1987 s. 37)

(c)not be payable in respect of any period of service without pay, except
such a period which is taken into account as pensionable service
under regulation 21(c) of the Pensions Regulations (Cap. 89 sub.
leg.), regulation 21(1)(e) of the Pension Benefits Regulations (Cap.
99 sub. leg.) or regulation 20(1)(e) of the Pension Benefits (Judicial
Officers) Regulations (Cap. 401 sub. leg.), in which case contributions
shall be paid as if the officer had





received the emoluments he would have received had he been in
receipt of pay during that period; (Amended 36 of 1987 s. 37; 85 of
1988 s. 42)

(d)be payable until the contributor ceases to be a public officer in
service under the Government or until the total period of contributory
service (and where there is more than one period of contributory
service, the aggregate of such periods) amounts to 400 complete
months; (Amended 36 of 1987 s. 37)

(e) be paid-

(i) except as otherwise provided in this Ordinance by deduction
from the officer's salary;

(ii) in the case of arrears howsoever arising, in a lump sum or sums
acceptable to the Director of Accounting Services or by
monthly deduction (such deduction being in addition to
monthly deduction of current payments under subparagraph
(i)), or where the officer is not in receipt of salary, by monthly
payment in either case at such rate as the Director of
Accounting Services may from time to time consider expedient,
or both by lump sum and such deduction or payment:

Provided that the rate of such deduction or payment shall
not without the agreement of the officer exceed 5% of his
monthly salary or, as the case may be, the amount he would
have received as his monthly basic salary had such salary been
payable;

(iii) in the case of an officer who commences any period of leave
without pay prior to payment in full of any arrears of
contributions being paid under subparagraph (ii), at the same
rate and time as if he was not on such leave until such payment
in full;

(iv) in the case of contributions owed by a contributor who has died,
by any or a combination of the following means, that is to say,
by a lump sum paid by his personal representatives out of his
estate, or by deduction from any gratuity or other sum due to his
estate, or by deduction from or withholding the widow's or
children's pension, as the Director of Accounting Services may
think fit.

(2) For the purposes of subsection (1)(a), an officer's pensionable emoluments
or emoluments that would have been pensionable shall

(a)in respect of any period prior to the date on which this Ordinance first
applied to him, in the case of an officer to whom this Ordinance
applies by virtue of an election under section 3(1)(a)(ii) be those
enjoyed by him at the date of his marriage;





(b)in respect of any period of absence on leave without pay that is taken
into account as pensionable service under regulation 21(c) of the
Pensions Regulations (Cap. 89 sub. leg.), regulation 21(1)(e) of the
Pension Benefits Regulations (Cap. 99 sub. leg.) or regulation 20(1)(e)
of the Pension Benefits (Judicial Officers) Regulations (Cap. 401 sub.
leg.), be those he would have enjoyed had he not been on leave;
(Amended 36 of 1987 s. 37; 85 of 1988 s. 42)

(ba) in respect of any period of service of an officer who has opted under
section 8(1) and (3) of the Pension Benefits Ordinance (Cap. 99) be in
accordance with regulation 16(5) of the Pension Benefits Regulations
(Cap. 99 sub. leg.); (Added 36 of 1987 s.37)

(M) in respect of any period of service of an officer whose application
under section 9(2) and (7) of the Pension Benefits (Judicial Officers)
Ordinance (Cap. 401) is approved, be in accordance with regulation
16(5) of the Pension Benefits (Judicial Officers) Regulations (Cap. 401
sub. leg.); (Added 85 of 1988 s. 42)

(c)in respect of any period of service in a non-established office being a
period prior to the date on which this Ordinance first applied to him,
be those enjoyed by him on the date of his appointment as a public
officer in service under the Government; (Amended 36 of 1987 s. 37)

(d)in respect of any period of service prior to the date on which this
Ordinance first applied to her, in the case of a female officer who
makes an election under section 24(d), be those enjoyed by her on
that date;

(e)in respect of any other period, be those enjoyed by him from time to
time.

(3) A contributor may, at the same time as he elects that this Ordinance shall
apply to him or, where he does not so elect, within 6 months of the date on which
this Ordinance first applies to him, elect to make contributions at the rate of 4% of his
pensionable emoluments, and, except in the case of a contributor to whom this
Ordinance applies by virtue of an election under section 3(1)(a), during the period
prior to his election as to such rate, contributions may be deducted at the rate of 3%
of his pensionable emoluments, and if he becomes liable to contribute at the rate of
4% for that period by electing for that rate, the difference recovered in such manner
as the Director of Accounting Services may deem fit.

(4) An officer to whom this Ordinance applies by virtue of an election made
under section 3(1)(a)(ii) or who made an election under section 3(2)(b)(ii) shall pay
upon the arrears of contributions arising out of the election and due in respect of
the period specified in subsection (2)(a) or (c), as the case may be,





where they are paid by instalments an addition to compensate for payment in arrear
calculated in accordance with a formula determined for that purpose by an actuary
appointed by the Governor, and, notwithstanding anything to the contrary in this
Ordinance, if he dies or retires on medical grounds before paying all arrears of
contributions arising out of the election, such arrears and addition shall, for all
purposes of this Ordinance other than of section 14, be deemed to have been paid in
full on the date of his death or retirement.

(5) Where any contributor or other person has to pay any contributions that
will thereafter have to be returned to him, the Director of Accounting Services may
by written notice to that contributor or person set off the contributions to be paid
against the contributions to be returned and thereupon the contributions so set off
shall be deemed to have been duly paid and to have been duly returned with
interest.

14. Return of contributions and surrender of benefits

(1) Where a contributor ceases to be a public officer in such circumstances,
other than his death, that

(a)he is not eligible for the grant of a pension or an annual allowance
under the Pensions Ordinance (Cap. 89) or a pension under the
Pension Benefits Ordinance (Cap. 99) or the Pension Benefits (Judicial
Officers) Ordinance (Cap. 401); and

(b)he would not have become eligible for a pension or an annual
allowance had he left the service in the circumstances described in
section 6(1)(b) or (c),

the whole of his contributions shall be returned to him. (Replaced 36 of 1987 s.37.
Amended85of 1988s. 43)

(2) Where a contributor ceases to be a public officer in circumstances

(i) in which he is only eligible for a gratuity under regulation 5 of the
Pensions Regulations (Cap. 89 sub. leg.) or a short service
gratuity under section 32 of the Pension Benefits Ordinance
(Cap. 99) or section 36 of the Pension Benefits (Judicial Officers)
Ordinance (Cap. 40 1); or (Amended 85 of 1988 s. 43)
(ii) in which he is eligible for a pension or an annual allowance under
the Pensions Ordinance (Cap. 89) (other than an additional
pension under regulation 31(1)(ii) or (iii) of the Pensions
Regulations (Cap. 89 sub. leg.)) or a pension under the Pension
Benefits Ordinance (Cap. 99) or the Pension Benefits (Judicial
Officers) Ordinance (Cap. 401) (other than an additional pension
under section 15(1) of either of those Ordinances); or
(iii) where a contributor transfers to other public service,
then- (Amended 36 of 1987 s. 37)





(a)if he has never married, the whole of his contributions shall be
returned to him;
(b)if he had no wife throughout the period in respect of which he
made contributions, the whole of his contributions shall be
returned to him, but he shall retain such rights as might enure
under this Ordinance to his children;
(c)if he had a wife at any time during the period in respect of which
he made contributions, but has no wife when he ceases to be
a public officer, there shall be returned to him such of those
contributions, beginning with the last of them, as is necessary to
secure that the period in respect of which such contributions have
been paid by him without being returned does not extend beyond
the date when he last had a wife, and he shall retain such rights as
might enure under this Ordinance to his children;
(d)if paragraphs (a), (b) and (c) do not apply to him, and he is only
eligible for a gratuity under regulation 5 of the Pensions
Regulations (Cap. 89 sub. leg.) or a short service gratuity under
section 32 of the Pension Benefits Ordinance (Cap. 99) or section
36 of the Pension Benefits (Judicial Officers) Ordinance (Cap.
401) he may, unless he retired from the public service on medical
grounds, elect within 3 months of ceasing to be a public officer,
that the whole of his contributions be returned to him.
(Amended 36 of 1987 s. 37; 85 of 1988 s. 43)
(3) Where a contributor ceases to be a public officer by reason of his
death-
(a)if he had never married, the whole of his contributions shall be
returned to his personal representative;
(b)if he had no wife throughout the period in respect of which he
made contributions, and at the time of his death has no child who
is entitled to a children's pension or share thereof, the whole of
his contributions shall be returned to his personal representative;
(c)if he had a wife at any time during the period in respect of which
he made contributions, but at the time of his death has no wife
nor any child who is entitled to a children's pension or share
thereof, there shall be returned to his personal representative
such of those contributions, beginning with the last of them, as is
necessary to secure that the period in respect of which such
contributions have been paid by him without being returned does
not extend beyond the date when he last had a wife. (Amended
36 of 1987 s. 37)
(4) Where a contributor's contributory service is in excess of 400 months,
then upon his ceasing to be a public officer there shall be returned to him or to
his legal personal representative, such of those contributions made under this





Ordinance as relate to the period in excess of 400 complete months and are not
returned to him under the other provisions of this section; and such rights as might
enure to his wife or children shall be retained.

(5) Where a female officer ceases to be a contributor by reason of her
remarriage, the whole of her contributions shall be returned to her, such rights as
might enure to her children shall be retained and, for the purpose of calculating any
children's pension arising out of her contributions, she shall be deemed to have
retired on the date of her remarriage.

(6) Where any contributions are returned under this section, they shall be
returned

(a)in the case of contributions made by an officer to whom this
Ordinance applies by virtue of an election under section 3(1)(a)(ii)
or who made an election under section 3(2)(b)(ii) or 24(d), and
which relate to the period specified in section 13(2)(a), (c) or (d),
with simple interest at the rate of 3% per annum on each contribution
from the date the contribution was made;

(b)in the case of other contributions, with an addition at the rate of 11%
per annum of the aggregate amount of the returned

2

contributions for the period commencing on the date of payment of
the first of such contributions and ending on the date on which the
contributions are returned: (Amended 57of1979s.3)

Provided that in calculating the amount of such interest or addition regard shall
only be had to complete months and any incomplete month shall be disregarded.

(7) Where the whole or part of the contributions of a contributor are returned to
him under this section, he shall, except to the extent otherwise provided, surrender
all benefits that might enure under this Ordinance to his widow or children.

(8) For the avoidance of doubt it is hereby declared that this section applies
equally to a contributor who is a divorced or widowed female officer so that except
where she dies while she is a contributor and leaves a child entitled to a children's
pension or share thereof, the whole of her contributions shall be returned to her or
her personal representative, and such rights as might enure under this Ordinance to
her children, are retained.

15. Information to he furnished

(1) Every contributor shall-

(a)if he was not a contributor under the existing Ordinance immediately
before the day on which this Ordinance first applied to him, within 3
months of that day notify to the Director of Accounting Services in
writing, if he is married or a widower with children who are under 23
years of age, the date of his marriage and of the birth of his children;





(b)if he marries, notify his marriage to the Director of Accounting
Services in writing within 3 months of the marriage;
(c)notify to the Director of Accounting Services in writing within 3
months of the event-
(i) the birth of any child born to him;
(ii) the adoption of any child by him;
(iii) the marriage of any female child under 23 years of age;
(iv)the death of his wife and the death or adoption by any other
person of any child of his who is under 23 years of age;
(v) the annulment or dissolution of his marriage and the date
thereof.
(2) A person who has ceased to be a contributor and whose wife or child
is eligible for a pension under this Ordinance shall notify to the Director of
Accounting Services in writing within 3 months of the event-
(a)the birth of any child born not more than 10 months after the
person has ceased to be a public officer and the date of such
birth;
(b)the annulment or dissolution of his marriage and the date
thereof,
(c)the adoption by any other person of any child of his who is under
23 years of age;
(d) the marriage of any female child under 23 years of age;
(e) the death of his wife or any child under 23 years of age.
(3) The widow of a contributor shall notify to the Director of Accounting
Services in writing within 3 months of the event-
(a) the date of the death of the deceased;
(b) the date of birth of any posthumous child born to the deceased;
(c)the date of marriage of any female child during her period of
childhood and full-time education;
(d)the date of death, bankruptcy or insolvency of any child during
his period of childhood and full-time education;
(e) the date of her own re-marriage, bankruptcy or insolvency;
the date any child in his period of childhood and full-time
education ceases to receive full-time education at a university,
college, school or other educational establishment;
(g)the date any child in receipt of a pension under this Ordinance
who was in the care of any other person comes into her care;
(h)the date of adoption by any other person of any child of the
deceased.
(4) Any person in receipt of a pension in respect of a child under section 9
or 11 shall notify to the Director of Accounting Services in writing within 3
months of the event-
(a) the date of death, bankruptcy or insolvency of the child;





(b) the date of marriage of the child if female;

(e)the date the child ceases to receive full-time education at a
university, college, school or other educational establishment within
his period of childhood and full-time education;

(d) the date of adoption of the child;

(e) the date he ceases to have care of the child.

(5) Any statement or notice made or given in pursuance of this section shall be
proved by the production of a certificate of birth, death or marriage or by affidavit or
otherwise to the satisfaction of the Director of Accounting Services.

16. Penalty for non-compliance

(1) Any contributor, person who has ceased to be a contributor, widow of a
contributor, or any person in receipt of a pension under section 9 or 11 who fails or
neglects to comply with any of the requirements of section 15 shall for each such
default be liable at the discretion of the Directors to pay a fine not exceeding $400 or
up to one month's contribution, whichever is the greater, which may be deducted
from his salary or, as the case may be, from his or her pension or the pension
payable, or from the contributions returned under section 14, as the case maybe.
(Amended 36 of 1987 s. 37)

(2) If any contributor, person who has ceased to be a contributor, widow of
such a contributor, or any person in receipt of a pension under section 9 or 11 makes
any false statement respecting any of the particulars required by this Ordinance to
be given to the Directors or the Director of Accounting Services, all or any part of
the rights or benefits which would or might enure to him or his widow or children
under this Ordinance shall be liable to be forfeited at the discretion of the Directors.

17. Mode of making elections

(1) Any election authorized to be made under this Ordinance shall be in writing
and shall be made to the Director of Accounting Services.

(2) The date of the making of the election shall be deemed to be the date of the
receipt of the written notification of the election by the Director of Accounting
Services.

(3) After the expiry of any period within which an election under this Ordinance
is required to be made, any such election shall be irrevocable.

(4) The Directors may in their discretion in any special circumstances extend the
period for making any election under this Ordinance.

(5) Where an officer dies during the period within which he may make any
election under this Ordinance without making that election, and he leaves a widow
or children who would benefit from a pension that might enure under





this Ordinance, the Secretary for the Civil Service may make the election on
behalf of the officer if he considers that it would have operated to the advantage
of the beneficiaries, and for all purposes of this Ordinance the election shall be
deemed to have been made by the officer immediately before his death.

18. Proof of claims on pensions

The Director of Accounting Services may require such proof as he
considers desirable that any person who claims to be entitled to a pension under
this Ordinance, or on behalf of whom such claim is made, is alive and entitled
to the pension, and the payment of any pension may be refused until such proof
is furnished to the satisfaction of the Director of Accounting Services.

19. Decision of questions under the Ordinance

If any question arises as to whether any person is a contributor within the
meaning of this Ordinance, or as to whether any person is entitled to any
pension as the widow or child of a contributor or as to the amount of pension
to which any widow or child is entitled, or as to the meaning or construction to
be assigned to any provision of this Ordinance, the Directors may, and if
required by any contributor or widow or child of a contributor or a person
claiming to be such, shall, submit such question to the Governor for decision,
and the decision of the Governor shall be final.

20. Power of Governor to give directions

(1) The Governor may give such directions as he thinks fit (either
generally or in any particular case) with respect to the exercise or performance
by the Directors or any public officer of the powers, duties and functions of the
Directors or the officer under this Ordinance.
(2) The Directors and all public officers shall, in the exercise or
performance of any powers, duties or functions under this Ordinance, comply
with any directions given by the Governor under subsection (1).

21. Pension not to he assigned

Except as may be expressly provided in this Ordinance no pension payable
and no rights of any person under this Ordinance shall be assignable or
transferrable or liable to be attached, sequestered or levied upon for or in
respect of any debt or claim whatsoever, save a debt due to the Government
by reason of non-payment of contributions or over-payment of pension or
otherwise arising out of or in connection with the operation of this Ordinance.





22. Effect of certain nullity decrees

Where a marriage which is voidable but not void from the beginning is declared
to be null by any court of competent jurisdiction, the same results shall follow under
this Ordinance as would have followed thereunder if the marriage had not been
voidable and had been dissolved at the date of the decree.

23. Financial provisions

(1) There shall be paid out of the general revenue of Hong Kong

(a)any pension or return of contributions, interest thereon and addition
thereto payable under or by virtue of this Ordinance;

(b) any expenses incurred in the administration of this Ordinance.

(2) Contributions, interest thereon and any addition thereto paid by
contributors under this Ordinance shall be paid into the general revenue of Hong
Kong.

24. Date of application to female officers

Where this Ordinance applies to a divorced or widowed female public officer
under section 3 and the Schedule, it shall do so from the following date

(a)the commencement of this Ordinance in the case of a divorced or
widowed officer who was in service under the Government in an
established office on terms which attract pension, gratuity or other
benefits under the Pensions Ordinance (Cap. 89), the Pension
Benefits Ordinance (Cap. 99) or the Pension Benefits (Judicial
Officers) Ordinance (Cap. 401) at such commencement;

(b)the date of her divorce or her husband's death in case of an officer
who after the commencement of this Ordinance was in service under
the Government in an established office on terms which attract
pension, gratuity or other benefits under the Pensions Ordinance
(Cap. 89), the Pension Benefits Ordinance (Cap. 99) or the Pension
Benefits (Judicial Officers) Ordinance (Cap. 40 1) at the time of her
divorce or her husband's death;

(c)the date of her appointment or transfer to service under the
Government in an established office on terms which attract pension,
gratuity or other benefits under the Pensions Ordinance (Cap. 89),
the Pension Benefits Ordinance (Cap. 99) or the Pension Benefits
(Judicial Officers) Ordinance (Cap. 401) in the case a divorced or
widowed officer so appointed or transferred after the commencement
of this Ordinance who was not in service under the Government
immediately prior to such appointment;

(d)in the case of an officer who was in service under the Government in
a non-established office immediately before she was, after the





commencement of this Ordinance, appointed to such service in an
established office on terms which attract pension, gratuity or other
benefits under the Pensions Ordinance (Cap. 89), the Pension
Benefits Ordinance (Cap. 99) or the Pension Benefits (Judicial
Officers) Ordinance (Cap. 401)

(i) the date on which she was first both a divorcee or widow and in
continuous service; or

(ii) the commencement of this Ordinance, whichever is the later, if
she so elects at the same time as she elects that this Ordinance shall
apply to her; and if she does not elect for the date specified in
subparagraph (i) or (ii), the date she was appointed to service under
the Government in an established office on terms which attract
pension, gratuity or other benefits under the Pensions Ordinance
(Cap. 89), the Pension Benefits Ordinance (Cap. 99) or the Pension
Benefits (Judicial Officers) Ordinance (Cap. 401):

Provided that if the officer was on agreement immediately before she was
appointed in an established office on terms which attract pension, gratuity or other
benefits under the Pensions Ordinance (Cap. 89), the Pension Benefits Ordinance
(Cap. 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap. 401), the date
shall not be earlier than the date of commencement of her pensionable service.

(Amended 36 of 1987 s. 3 7; 85 of 1988 s. 44)

25. No decrease of previous benefits

Where a public officer ceases to be a contributor under the existing Ordinance
otherwise than in pursuance of section 35 thereof and becomes a contributor under
this Ordinance, then notwithstanding anything to the contrary in this Ordinance, if

(a)there being no children's pension payable, the rate of the widow's
pension; or

(b)there being no widow's pension payable, the rate of the children's
pension; or

(c) the aggregate rate of both a widow's and a children's pension, as the
case may be, shall at any time be less than the rate that would have been payable
under the existing Ordinance and the Widows and Orphans Pension (Increase)
Ordinance (Cap. 205), if the contributor had been treated for the purposes of the
existing Ordinance as having transferred to other public service and as having
ceased to contribute under the existing Ordinance as from the date applicable to him
under section 3(2), it shall be increased to the last mentioned rate and in the case of
both a widow's and a children's pension, the increase shall be divided between the
two in the proportion each bears to the





aggregate; and subject to such increase, this Ordinance shall apply mutatis mutandis
to that pension or those pensions as it applies to other pensions granted under its
provisions.

26. Application of Cap. 94

Subject to this Ordinance, the existing Ordinance shall cease to apply to and in
relation to a public officer on and after the day from which this Ordinance first
applies to him, and he shall be deemed to have surrendered all claims to benefit
under the existing Ordinance, save in relation to

(a) contributions made by the officer under the existing Ordinance

and to any pension due in respect of those contributions if-

(i) the officer did not make any contributions under the existing
Ordinance in respect of the day immediately before that day; or

(ii)the officer ceased to contribute under the existing Ordinance in
pursuance of section 35 of that Ordinance;

(b) a pension that officer is receiving as the widow of a deceased

contributor under the existing Ordinance.

27. (Amendments incorporated)

28. Transitional provisions

(1) (Repealed 36 of 1987 s. 37)

(2) Notwithstanding anything to the contrary in this Ordinance, a person who at
the commencement of this Ordinance is both making contributions under the existing
Ordinance and is in service under the Government in a non-established office
otherwise than on agreement shall, for so long as he continues to serve in such non-
established office, be deemed for all purposes of this Ordinance to be a public officer
in service under the Government unless he fails to make an election under section
3(1)(a) within the time it has to be made, and for the avoidance of doubt it is hereby
declared that section 6 shall not preclude the grant of a pension in relation to him
unless it would have done so had he been a public officer. (Amended 36 of 1987 s.
37)

(3) Notwithstanding that this Ordinance does not apply to a public officer who
holds the post of police constable, constable Hawker Control Force, fireman,
ambulanceman, assistant officer 11, preventive officer or assistant revenue officer at
the commencement of this Ordinance and does not elect under section 3(1)(a) for
the application to him of this Ordinance, the Ordinance shall apply to him on and
after the date with effect from which he is promoted or otherwise appointed as a
public officer in service under the Government to any post other than that so held by
him, or the commencement of this Ordinance, whichever is the later.





(4) A public officer in service as a public officer under the Government at the
commencement of this Ordinance who ceased or ceases to be a public officer prior to
the expiration of the period within which he may make an election under section
3(1)(a)(i), shall, until the expiration of that period be deemed to be a public officer in
service under the Government for the purposes of section3(1)(a)(i). (Added58of
1978s. 2)

(5) (a)Any contributions made under this Ordinance in respect of service
under an agreement entered into on or after 1 June 1981 which
expressly provides for the payment of a monthly pension in lieu of a
gratuity, shall as soon as practicable be returned to the contributor or
to his legal personal representative and there shall be paid out of the
general revenue of Hong Kong the contributions to be returned.

(b)No such service shall be contributory service for the purposes of this
Ordinance. (59 of 1982 s. 3 incorporated)

SCHEDULE [s. 3(1) (3)]

APPLICATION OF ORDINANCE TO CERTAIN OFFICERS

1. This Ordinance shall apply to a divorced or widowed female public officer who elects that this
Ordinance shall apply to her

(a)in the case of a person who was such an officer at the commencement of this
Ordinance, within the period applicable under section 3(1)(a)(i);

(b)in the case of any such officer who is not a person specified in paragraph (a), within
6 months of the date on which she first becomes such an officer.

2. This Ordinance shall not apply to any female public officer not being an officer to whom it
applies under paragraph 1.

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