PENSIONS ORDINANCE

PENSIONS ORDINANCE

LAWS OF HONG KONG

PENSIONS ORDINANCE

CHAPTER 89





CHAPTER 89

PENSIONS ORDINANCE

ARRANGEMENT OF SECTIONS

Section..................................... Page

1. Short title .............................................................. 2

2. Interpretation ........................2
2A. Power of Legislative Council to declare a special allowance pensionable 5

2B. Delegation of powers by the Governor ............................... 5
2C. Application ..................................... 6

3. Pension regulations ...................6

4. Pensions, etc., to be charged on general revenue ............................. 6
5. Pensions, etc. to be of right
...................................................... 7

6. Circumstances in which pension may be granted 7
6A. Compensation scheme ...................8

7. Discretionary power to grant ex gratia payment where officer leaves the public

service ...............................8
7A. Removal of judge or district judge from office 8
8. Compulsory retirement .................8
9. Maximum pension .......................9
10. (Repealed) ...........................10
11. Suspension of pensions on re-employment 10

12. Pensions etc. not to be assignable .............................................. 10
12A.........................Operation of section 12 ................. 11

13. Pensions, etc., to cease on bankruptcy 11
14. Power not to grant, or to cancel or reduce, pension or allowance 12

15. Pension, gratuity or allowance may be cancelled, suspended or reduced on

conviction, etc............................................................................................ 13

15A................................Provisions supplementary to sections 14 and 15 ................. 14

16. Pension or allowance may be suspended on certain post-retirement employment 16
17. Death gratuity 17

18. Pensions to dependants when an officer is killed on duty ................. 19
19. Awards in respect of service while on abnormal duty ................. 23

19A.......................Husband entitled only if dependent 24
20. Effect of enemy occupation ...........24

20A. Governor's power to exempt or modify 24
21. Commencement and application of the Ordinance and recomputation of
benefits .................................24

22. Provisions for officers transferred to Government from the service of the

Government of Palestine
.............................................................................. 25





CHAPTER 89

PENSIONS

To consolidate and amend the law regulating the granting of pensions,

gratuities and other allowances in respect of public service.

[9 December 19491

Originally 50 of 1949 (Cap. 89, 1950 Ed.) 37 of 1950, 17 of 1952, 27 of 1952, 29 of 1953, 22
of

1954, 35 of 1954, 31 of 1955, 21 of 1956, 8 of 1957, 2 of 1959, 37 of 1960, 13 of 1962,
13 of

1966, 5 of 1967, L.N. 22169, 29 of 1969, 19 of 1970, 34 of 1970, 78 of 1970, 98 of 1970,
38 of

1972, 55 of 1972, 72 of 1973, 2 of 1976, 82 of 1978, 15 of 1979, 73 of 1979, 30 of 1980,
51 of

1980, 74 of 1980, 26 of 1982, L.N. 346182, L.N. 262185, 36 of 1987, R. Ed. 1987, 61 of

1988, 85 of 1988, 86 of 1988

Short title

1. This Ordinance may be cited as the Pensions Ordinance.

Interpretation

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

authorized increase' has the same meaning as in the Pensions (Increase)

Ordinance(Cap. 305); (Added36 of 1987s. 36)

compensation scheme' means a compensation scheme approved under section

6A; (Added36 of 1987s. 36)
established office' means

(a) in respect of service under the Government an office which-

(i) by virtue of provision for the time being in force in an Order made by
the Governor and published in the Gazette, is declared to be an
established office; and any such Order may specify a date prior to such
Order from which the office is deemed to be an established office; and any
such Order may from time to time be amended, added to, or revoked by an
Order so made and published; but where by virtue of any such
amendment or revocation any office ceases to be an established office,
then so long as any person holding that office at the time of the
amendment or revocation continues therein, the office shall, as respects
that person, continue to be an established office; or

(ii) immediately preceding the commencement of this Ordinance was
pensionable whether to holders of such office generally or to a particular
holder; and such office shall be an established office until it is no longer
an established office by virtue of an Order made by the Governor and
published in the Gazette; and such Order shall have the like effect as an
Order made under subparagraph (i) hereof revoking an Order made under
this Ordinance: Provided that no declaration that any office is an
established office shall be deemed to imply that any holder thereof who is
not on the permanent establishment under the Government at the date of






his retirement shall be the holder of an established office; or
1988 Ed.] Pensions [CAP. 89 3

(iii) by virtue of an Order made by the Governor and published in the Gazette is declared to be deemed to have been an established office; and any such Order may specify the period during which the office is deemed to have been an established office; Amended 27 of 1952 s.2; 72 of 1973, s. 2; 36 of 1987 s. 36)

(b) in respect of other public service an office which is for the time being a pensionable office under the law or regulations in force in such service; (Amended 36 of 1987 s. 36)

'expatriation pay' means a special addition to salary granted in accordance with the Regulations of the Government governing such pay; (Amended 36 of 1987 s. 36)

'highest pensionable emoluments' means the highest pensionable emoluments determined in accordance with the regulations made under this Ordinance; (Added 36 of 198 7 s. 36)

'Judicial Service Commission' means the Judicial Service Commission established by the Judicial Service Commission Ordinance (Cap. 92); (Added 36 of 198 7 s. 36)

'non-established office' means an office in the public service which is not an established office; (Added 36 of 1987 s. 36)

notional highest pensionable emoluments' means the highest pensionable emoluments enjoyed or drawn by an officer during his service which are deemed for the purposes of this Ordinance to be increased in value by the same percentage as the authorized increase since the date when he left the service up to the date he attains the age of 55 years or the date of his death, whichever is the earlier; (Added 36 of 1987 s. 36)

officer who has elected' means an officer who, being eligible under Establishment Circular Number 2/67 dated 5 January 1967 and published as Legal Notice Number 3 of 1967 in the Gazette so to elect, has elected under and in accordance with the terms and conditions of the said Establishment Circular that 90% only of substantive salary and 50% only of expatriation pay shall be taken in computing the pension, gratuity or other allowance which may be granted to him under this Ordinance; (Added 5 of 1967 s.2)

'other public service' means public service not under the Government;

(Amended 36 of 1987 s. 36)

'pensionable emoluments' means

(a) in respect of service under the Government after 31 March 1965

(i) substantive salary or, in the case of an officer who has elected, 90% of substantive salary;

(ii) expatriation pay or, in the case of an officer who has elected, 50% of expatriation pay;

(iii) personal allowance; and

Qv) special allowance or, in the case of an officer who has elected, 90% of special allowance; (Added 19 of 1970 s. 2; w.e.f. 1.1.67)

but does not include any other emoluments whatever; (Replaced 5 of

1967 s.2. Amended 36 of 1987 s.36)





(b)in respect of other public service emoluments which count for pension in
accordance with the law or regulations in force in such service;

'pensionable emoluments enjoyed- in relation to an officer on leave without salary
includes the pensionable emoluments that he would have enjoyed if he had
been on duty on full pensionable emoluments; (Added26of1982 s. 2; w.ef.
30.5.80)

'pensionable service' means service which may be taken into account in computing
pension; (Added26 of 1982s.2)

'personal allowance' means a special addition to salary granted personally to the
holder for the time being of the office, but does not include such an addition if
it is granted subject to the condition that it shall not be pensionable;

'public service' means

(a)service in a civil capacity under the Government or any other country or
territory in the Commonwealth; (Amended 36 of 1987 s. 36)

(b)service under the East Africa High Commission, the East African Common
Services Organization, the East African Posts and Telecommunications
Administration, the East African Railways and Harbours Administration,
the East African Community, the East African Harbours Corporation, the
East African Posts and Telecommunications Corporation, the East African
Railways Corporation or any of their successor authorities; (Replaced 34
of 1970 s.2. Amended36of 1987s. 36)

(e) service which is pensionable---

(i) under the Oversea Superannuation Scheme;

(ii) under any Acts relating to the superannuation of teachers in the
United Kingdom;

(iii) under a local authority in the United Kingdom; or

(iv) under the National Health Service of the United Kingdom;

(d)any other service that the Governor has determined to be public service
for the purposes of this Ordinance; (Amended 36 of 1987 s.36)

(e)except for the purposes of computation of a pension or gratuity and of
section 9, service in respect of which a pension may be granted under the
Governor's Pensions Act 1957 (1957 c. 62 U.K.) or the Governors' Pension
Scheme 1979 or any Act or Scheme amending or replacing that Actor
Scheme; (Amended36of 1987s. 36)

(f)service as the holder of the office of President, Vice-President, Justice of
Appeal, Registrar, officer or servant of the Court of Appeal for Eastern
Africa or the Court of Appeal for East Africa; (Replaced 34 of 1970 s. 2)

(g) service in the service of the Interim Commission for the West Indies;

(Added 13 of 1966 Schedule)

(h)pensionable service with the British Telecommunication and the Post
Office, United Kingdom of Great Britain and Northern Ireland;

(Added34of]970s.2.Amended36of 1987s. 36)





'Public Service Commission' means the Public Service Commission established by
the Public Service Commission Ordinance (Cap. 93); (Added 78 of 1970 s. 2.
Amended 15 of 1979 s. 8)

'public service in a civil capacity under the Government' shall be deemed to
include, as service in a non-established office

(a)service, other than service as a doctor, in a Chinese Public Dispensary
administered by the Chinese Public Dispensaries Committee under the then
Secretary for Home Affairs, and

(b)service under the District Watch Force administered by the District Watch
Committee under the then Secretary for Home Affairs,

when such service has been followed without a break by service under the
Government; and the period from 25 December 1941 to 31 March 1947
shall be subject to the provisions of section 20 as though such service prior to
25 December 1941 as is included in paragraphs (a) and (b), was service under
the Government; (Amended L.N. 22169; 36 of 1987s. 36)

'qualifying service' means service which may be taken into account in determining
whether an officer is eligible by length of service for pension, gratuity or other
allowance; (Added 26 of 1982 s. 2)

',salary' means the salary attached to an established office or, where provision is
made for taking service in a non-established office into account as pensionable
service, the salary attached to that office; (Amended 36 of 1987s.36)

'special allowance' means a special addition to salary declared to he pensionable as
a special allowance by a resolution of the Legislative Council under section 2A.
(Added 19 of 1970 s. 2; w.ef. 1.1.67)

(2) For the avoidance of doubts it is hereby declared that, where an officer has
been confirmed in an established office and is thereafter appointed to another
established office, then, unless the terms of such appointment otherwise require,
such last mentioned office is, for the purposes of this Ordinance, an office in which
he has been confirmed. (Amended36of 1987s. 36)

Power of Legislative Council to declare a special allowance
pensionable

2A. (1) The Legislative Council may by resolution declare a special addition to
salary to be pensionable as a special allowance for the purposes of this Ordinance.

(2) A resolution under subsection (1) shall specify the date from which it shall
have effect and such date may be before the date on which the resolution is passed
but shall not be before 1 November 1967.

(Added 19 of 1970 s. 3; w.ef. 1. 1.67)

Delegation of powers by the Governor

2B. The Governor may delegate the Secretary for the Civil Service or a Deputy
Secretary for the Civil Service to exercise the power to make orders in respect of an
established office conferred on him by the definition of ,,established office' in
section 2; and thereupon, or from the date specified by the Governor, the person
delegated shall have and may exercise such power.

(Added73of1979s.2.Amended36of 1987s. 36)





Application

2C. (1) Subject to subsection (2), this Ordinance applies to every officer who is
appointed or re-appointed to service under the Government before the date of
commencement of the Pension Benefits Ordinance (Cap. 99), whether on transfer
from other public service or otherwise, on terms which attract pension, gratuity or
other allowance.

(2) This Ordinance shall not apply to a serving officer within the meaning of the
Pension Benefits Ordinance to whom that Ordinance applies by virtue of section
4(1)(b) or (e) of that Ordinance.

(3) This Ordinance does not apply to an officer to whom the Pension Benefits
(Judicial Officers) Ordinance (Cap. 401) applies by virtue of section 3(1)(b), (c) or(d)
of that Ordinance. (Added85 of 1988s. 45)

(Added36 of 1987s. 36)

Pension regulations

3. (1) Pensions, gratuities and other allowances shall be granted by the
Governor in accordance with the regulations under this Ordinance to officers who
have been in the service under the Government and to the dependants of such
persons where such service is terminated by death:

Provided that where a pension, gratuity or other allowance is expressed to be
grantable by the Governor in Council such pension, gratuity or other allowance
shall be granted only by the Governor in Council.

The said regulations may from time to time be amended, added to, or revoked
by regulations made by the Governor in Council, and all regulations so made shall
be published in the Gazette and laid before the Legislative Council. (Amended36of
1987s. 36)

(2) The expression 'this Ordinance' shall, wherever it occurs in this Ordinance,
be construed as including a reference to the regulations made thereunder.

(3) Whenever the Governor in Council is satisfied that it is equitable that any
regulation made under this section should have retrospective effect in order to
confer a benefit upon or remove a disability attaching to any person that regulation
may be given retrospective effect for that purpose:

Provided that no such regulation shall have retrospective effect unless it has
received the prior approval of the Legislative Council signified by resolution.

(4) Any pension or gratuity granted to any officer under this Ordinance shall be
computed in accordance with the provisions relating to such officer which are in
force at the actual date of his retirement.

Pensions, etc., to he charged on general revenue

4. There shall be charged on and paid out of the general revenue all such sums
of money as may from time to time be granted by way of pension, gratuity or other
allowance in pursuance of this Ordinance.

(Amended 36 of 1987 s. 36)





Pensions, etc. to he of right

5. Except as otherwise provided in this Ordinance, the entitlement to
pension, gratuity or other allowance under this Ordinance shall be a right.
(Replaced 36 of 1987 s. 36)

Circumstances in which pension may he granted

6. (1) Subject to subsection (2), unless otherwise provided under this
Ordinance or regulations made thereunder no pension, gratuity or other
allowance shall be granted under this Ordinance to any officer holding an
established office except on his retirement from the public service in one of the
following cases- (Amended 36 of 1987 s. 36)

(a) in the case of ajudge or a district judge-
(i) on or after attaining the age of 55 years; or
(ii) on or after attaining the age of 45 years when such retirement
is with the approval of the Governor; (Replaced 34 of 1970 s. 3.
Amended 2 of 1976 s. 3; 36 of 1987 s. 36)

(aa) in the case of an officer other than a judge or a district judge, on or
after attaining the normal age of retirement, as provided in section 8,
or the age of 45 years when such retirement is with the approval of the
Governor; (Added 34 of 1970 s. 3. Amended 2 of 1976 s. 3; 36 of
1987s.36)

(b) in the case of transfer to other public service-
(i) on his retirement on or after attaining the age at which he is
permitted by the law or regulations of the service in which he is last
employed to retire on pension; or
(ii) on his retirement in any other circumstances in which he is
permitted by the law or regulations of the service in which he is last
employed to retire on pension or gratuity,

but subparagraph (ii) shall not apply in the case of a female officer
who retires for the reason that she has or is about to be married;
(Replaced 36 of 198 7 s. 36)

(c) on the abolition of his office;

(d)on compulsory retirement for the purpose of facilitating improvement
in the organization of the department to which he belongs, by which
greater efficiency or economy may be effected;

(e)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. 36)

(f) (Repealed 36 of 198 7 s. 36)

(g)on retirement in circumstances, not mentioned in the preceding
paragraphs of this section, rendering him eligible for a pension under
the Pensions (Governors of Dominions, &c.) Acts 1911 to 1947 (1947
c. 12 U.K.);





(h)on retirement in accordance with any compensation scheme; (Added 36 of
1987 s. 36)

(i)subject to subsection (2), on retirement in the public interest; (Added 36 of
198 7 s. 36)

(j)subject to subsection (2), on compulsory retirement in exercise of
disciplinary powers of punishment by the Government: (Added36of 1987s.36)

Provided that a gratuity may be granted to a female officer, in accordance with
the provisions of this Ordinance, who retires for the reason that she has married or
is about to marry, notwithstanding that she is not otherwise eligible under this
section for the grant of any pension, gratuity or other allowance.

(2) Unless otherwise directed by the Governor, pension, gratuity or other
allowance granted to an officer to whom subsection (1)(i) or (j) applies shall not be
payable until the officer attains the age of 55 years. (Added36 of 1987s. 36)

Compensation scheme

6A. For the purposes of section 6(2) the Governor in Council may, from time to
time, approve a compensation scheme which

(a) shall apply to such officers as are specified in the scheme;

(b)may provide for the payment of compensation, pension, gratuity or other
allowance and additional benefits to officers on their retirement, the
commutation of pension, gratuity or other allowance, the payment of death
gratuities to dependants of officers, and for other matters relating thereto,
other than in accordance with this Ordinance; and

(e)shall provide for the circumstances under which compensation and other
benefits are payable under the scheme.

(Added36 of 1987s. 36)

Discretionary power to grant ex gratia payment where officer
leaves the public service

7. Where an officer leaves the public service and a pension or gratuity cannot
otherwise be granted to him under this Ordinance, the Governor may, if he thinks fit,
grant such ex gratia payment to the officer as he thinks just and proper.

(Replaced 36 of 1987 s. 36)

Removal of judge or district judge from office

7A. If a judge or a district judge is removed from office by the Governor by
instrument under the Public Seal, the Governor may, if he thinks fit, grant to him
such pension, gratuity or other allowance as he thinks just and proper.

(Added 2 of 1976 s. 4)

Compulsory retirement

8. (1) The normal age of retirement of an officer, other than ajudge or a district
judge, holding an established office shall be on attaining the age of 55 years:





Provided that

(a)the Governor may approve any such officer's continued service after
attaining such age;

(b)a female who held an established office on 1 April 1957 may elect to retire
on attaining the age of 50 years by giving to the Governor notice in
writing of such election on or before attaining the age of 49 years and
such election shall be irrevocable. (Replaced 34 of 1970 s.4. Amended2of
1976s. 5;36of 1987s. 36)

(2)-(3) (Repealed 36 of 1987 s. 36)

Maximum pension

9. (1) Except in cases referred to in subsection (2), a pension (or in the case of
more than one pension, the total of the pensions) granted to an officer under this
Ordinance shall not exceed two-thirds of

(a) the highest pensionable emoluments enjoyed or drawn by him; or

(b)the notional highest pensionable emoluments deemed to have been
enjoyed or drawn by him in the course of his service under the
Government,

whichever is the greater. (Replaced 36 of 1987 s. 36)

(2) An officer who shall have been granted a pension in respect of other public
service shall not at any time draw from the general revenue an amount of pension
which, when added to the amount of any pension or pensions drawn in respect of
other public service, exceeds two-thirds of the highest pensionable emoluments
enjoyed or drawn by him at any time in the course of his public service: (Amended
26 of 1982 s.4; w.ef. 30.5.80; 36 of 1987s. 36)

Provided that where an officer receives in respect of some period of public
service both a gratuity and a pension, the amount of such pension shall be deemed
for the purpose of this subsection to be-

(a)where the right to commute any part of a pension in return for payment of
a gratuity has been exercised, the amount if that right had not been
exercised; or

(b)in all other cases, four-thirds of its actual amount. (Amended 13 of
1962s.4)

(3) Where the limitation prescribed by subsection (2) operates, the amount of
the pensions to be drawn from the general revenue shall be subject to the approval
of the Governor and determined with due regard to the amount of any pension or
pensions to be drawn in respect of other public service. (Amended 36 of 1987 s. 36)

(4) An additional pension granted to an officer under regulation 31 of the
Pensions Regulations (Cap. 89, sub. leg.) in respect of injury shall not be taken into
account for the purpose of subsections (1), (2) and (3); but where the officer is
granted any such additional pension, the amount thereof together with any
authorized increase on the additional pension from the date of the injury to the date
when the additional pension is paid for the first time and any other pension or
pensions granted to him shall not exceed five-sixths of





(a) the highest pensionable emoluments enjoyed or drawn by him; or

(b)the notional highest pensionable emoluments deemed to have been
enjoyed or drawn by him in the course of his service,

whichever is the greater. (Replaced 36 of 1987s. 36)

(5) For the purposes of subsections (1), (2) and (4), in determining the
highest pensionable emoluments enjoyed by an officer in respect of a period of
absence from duty on leave without salary, regard shall only be had to the
pensionable emoluments that an officer would have enjoyed if he had been on
duty on full pensionable emoluments where-
(i)the officer has since expiration of that period of absence, (taking the
earliest period first if there is more than one) completed an equal
period of service on duty or leave with salary (other than leave
immediately preceding retirement); or
(ii) the officer retires in one of the cases referred to section 6(c), (d) or (e);
or
(iii) the Governor in any case so directs. (Added 26 of 1982 s. 4)

10. (Repealed 36 of 1987 s. 36)

Suspension of pensions on re-employment

11. If an officer to whom a pension has been granted under this Ordinance
or an Ordinance repealed hereby is appointed to another office in the public
service, the payment of his pension may, with his consent, if the Governor
thinks fit, be suspended during the period of his re-employment.
(Amended 37 of 1960 s. 3)

Pensions etc. not to he assignable

12. (1) Save as otherwise provided by the Public Officers (Assignment of
Emoluments) Ordinance (Cap. 363), a pension (including a deferred pension),
gratuity or other allowance granted under this Ordinance shall not be assigna-
ble or transferable except for the purpose of-

(a) satisfying (either in whole or in part) a debt due to the Government; or

(b)satisfying an order of any court for the payment of money towards the
maintenance of the spouse or former spouse or minor child of the
officer to whom such pension gratuity or other allowance was granted,

and no such pension, gratuity or other allowance shall be liable to be attached,
sequestered or levied upon for or in respect of any claim or debt other than a
debt due to the Government.

(2)(a) Where any person to whom a pension (including a deferred
pension), gratuity or other allowance is granted under this Ordinance
owes a debt to the Government, subject to paragraph (b), the Director
of Accounting Services may apply that pension, gratuity or other
allowance, either in whole or in part, for the satisfaction, or partial
satisfaction, of the debt.





(b) Where-
(i) a person owes a debt to the Government arising otherwise than
on account of tax payable under the Inland Revenue Ordinance (Cap.
112); and
(ii) the person has not consented to the exercise, in relation to a
pension (including a deferred pension), gratuity or other allowance so
granted to him, of the power conferred on the Director of Accounting
Services by this subsection,
the amount applied in such exercise shall not, as regards a particular
such pension, gratuity or other allowance, exceed an amount equal to
25% thereof.
(3) Each of the references in this section either to a deferred or other
pension or to an allowance (other than a gratuity) shall be construed as
including a reference to any increase in the pension or allowance which is for the
time being authorized under section 4 of the Pensions (Increase) Ordinance
(Cap. 305).
(Replaced 61 of 1988 s. 8

Operation of section 12
12A. Section 12, as enacted by section 8(1) of the Pension Benefits (Mis-
cellaneous Amendments) Ordinance 1988 (61 of 1988), shall be deemed to have
come into operation on 1 July 1987.
(61 of 1988 s. 8(2) incorporated)

Pensions, etc., to cease on bankruptcy
13. (1) If any person to whom a pension or other allowance has been
granted under this Ordinance is adjudicated bankrupt or is declared insolvent
by judgment of any competent court, then such pension or allowance shall
forthwith cease.
(2) If any person is adjudicated bankrupt or declared insolvent as
aforesaid either---
(a)after retirement in circumstances in which he is eligible for pension or
allowance under this Ordinance but before the pension or allowance is
granted; or
(b)before such retirement, and he shall not have obtained his discharge
from bankruptcy or insolvency at the date of retirement,
then, in the former case any pension or allowance eventually granted to him
shall cease as from the date of adjudication or declaration as the case may be
and, in the latter case, the pension or allowance may be granted, but shall cease
forthwith and not become payable.
(3) Where a pension or allowance ceases by reason of this section, it shall
be lawful for the Governor, from time to time during the remainder of such
person's life, or during such shorter period or periods, either continuous or
discontinuous, as the Governor shall think fit, to direct all or any part of the
moneys to which such person would have been entitled by way of pension or
allowance, had he not become bankrupt or insolvent, to be paid to, or applied
for the maintenance or benefit of all or any to the exclusion of the other or
others, of the following, that is to say, such person and any spouse, child or
children of such person, or such other of his dependants as the Governor may





determine, in such proportions and manner as the Governor thinks proper, and such
moneys shall be paid or applied accordingly. (Amended 55 of 1972 s. 4; 36 of 1987 s.
36)

(4) Moneys applied for the discharge of the debts of the person whose pension
or allowance has so ceased shall, for the purposes of this section, be regarded as
applied for his benefit.

(5) Where, by reason of subsection (1) or (2), payment to a person of a pension
or other allowance granted to him is not being made and the person obtains his
discharge from bankruptcy or insolvency, as the case may be, payment of the
pension, allowance or pension and allowance, as may be appropriate, shall be
restored to him as from the date on which he is so discharged. (Replaced 36 of 1987
s. 36)

Power not to grant, or to cancel or reduce, pension or
allowance

14. (1) Subject to subsection (5) and to section 15A, a designated officer may~

(a)refuse to grant a pension or allowance to a person if it be shown to the
designated officer that the person wilfully suppressed facts that are
material to the grant of a pension or allowance; or

(b)cancel or reduce a pension or allowance granted to a person if it be shown
to the designated officer that the pension or allowance was obtained by
the wilful suppression by the person of facts, or that it was granted in
ignorance of facts, which were such that had they been known before the
retirement of the person, the pension or allowance would not have been
granted or would only have been granted in part.

(2) Subject to subsection (6) and to section 15A, a designated officer may

(a) refuse to grant a pension or allowance; or

(b) cancel or reduce a pension or allowance granted,

to an officer to whom section 6 or regulation 26(4) of the Pensions Regulations
(Cap. 89, sub. leg.) applies, if it be shown to the designated officer that

(i) the officer retired during any disciplinary proceedings brought against him
by the Government; and

(ii) had such proceedings been completed or taken place they would, in the
opinion of the Public Service Commission, have led to the dismissal of the
officer from the service or compulsory retirement in the exercise of
disciplinary powers of punishment by the Government with a reduction of
the pension or allowance granted to him.

(3) A cancellation or reduction of pension or allowance made by a designated
officer under subsection (1) or (2) shall be effective as from such date as the
designated officer shall determine, and in the case of a reduction of pension or
allowance the reduction shall be by such amount, not exceeding 25% of the pension
or allowance, as the designated officer shall determine.

(4) Where, under this section, a designated officer refuses to grant a pension
or allowance to a person or officer, a pension or allowance, as the case may be, shall
accordingly not be granted to that person or officer.





(5) Before a designated officer, acting under subsection (1),-

(a) refuses to grant a pension or allowance; or

(b) cancels or reduces a pension or allowance granted,

to a person who holds or who, immediately before leaving the public service, held

(i) a judicial office, as defined in the Public Service Commission Ordinance
(Cap. 93), he shall take into consideration the advice of the Judicial
Service Commission;

(ii)an office in the public service other than an office specified in section 6(2)
of, or the First Schedule to, the Public Service Commission Ordinance, he
shall take into consideration the advice of the Public Service Commission.

(6) As regards the exercise of any power under subsection (2) to-

(a) refuse to grant a pension or allowance; or

(b) cancel or reduce a pension or allowance granted,

to an officer who holds or who, immediately before leaving the public service, held

(i) a judicial office, as defined in the Public Service Commission Ordinance, a
designated officer shall, before exercising the power, take into
consideration the advice of the Judicial Service Commission;

(ii)an office in the public service other than an office specified in section 6(2)
of, or the First Schedule to, the Public Service Commission Ordinance, a
designated officer shall, before exercising the power, take into
consideration the advice of the Public Service Commission.

(7)(a) In this section and sections 15 and 15A 'designated officer' has the
meaning assigned to it by section 2(1) of the Pension Benefits Ordinance
(Cap. 99).

(b)For the purpose of giving effect to this section and sections 15 and 15A

(i) section 29A(I) of the Pension Benefits Ordinance, shall be construed
and have effect as if 'the Pensions Ordinance' were substituted for 'this
Ordinance'; and

(ii) the reference in section 29B of the Pension Benefits Ordinance to a
requirement under section 29A(7) of that Ordinance shall be construed as
including a reference to a requirement under section 15A(6).

(Replaced 86 of 1988 s. 6)

Pension, gratuity or allowance may he cancelled, suspended
or reduced on conviction, etc.

15. (1) Where-

(a) an officer to whom a pension or allowance. hs been granted-

(i) is convicted of any offence in connection with the public service
under the Government, being an offence which is certified by the
Governor to have been gravely injurious to Hong Kong or to be liable to
lead to serious loss of confidence in the public service;





(ii) is convicted of any offence under Part 11 of the Prevention of
Bribery Ordinance (Cap. 20 1), being an offence related to the person's
previous public service under the Government; or

(iii) is convicted of treason under section 2 of the Crimes Ordinance
(Cap. 200); or

(b)an officer is compulsorily retired in the exercise of disciplinary powers of
punishment by the Government following a conviction of any offence
referred to in paragraph (a),

the pension or allowance which has been granted to him may be cancelled,
suspended or reduced, or he may not be granted a pension, gratuity or allowance,
as the case may be.

(2) If after the retirement of an officer in circumstances in which he is eligible for
a pension, gratuity or allowance but before the pension, gratuity or allowance is
granted he is convicted and sentenced as specified in subsection (1)(a), any
pension, gratuity or allowance eventually granted to him may be cancelled,
suspended or reduced.

(3) Subject to section 15A, the power under subsection (1) or (2) to cancel,
suspend, reduce or refuse to grant a pension, allowance or gratuity shall be
exercisable by a designated officer. (Replaced 86 of 1988 s. 7)

(4) Where, under this section, a designated officer refuses to grant a pension,
allowance or gratuity to an officer or person, a pension, allowance or gratuity, as the
case may be, shall accordingly not be granted to that officer or person. (Replaced 86
of 1988 s. 7)

(5)-(7) (Repealed 86 of 1988 s. 7)

(Replaced 36 of 198 7 s. 36)

Provisions supplementary to sections 14 and 15

15A. (1) For the purposes of section 15(1) and (2), a designated officer may
determine

(a)whether a pension, gratuity or allowance shall be cancelled, suspended or
reduced, or shall not be granted, as the case may be;

(b)the date from which, subject to subsection (11), a pension, gratuity or
allowance shall be cancelled, suspended or reduced; and

(c)in the case of a reduction in a pension, gratuity or allowance, the amount
of the reduction not exceeding 25% of the pension, gratuity or allowance.

(2)(a) Before a designated officer exercises a power conferred on him by
section 14 or 15, he shall by a communication in writing addressed to the
officer or other person concerned inform him that exercise of such a power
in relation to him is being considered and why such exercise is being
considered.





(b)The communication referred to in paragraph (a) shall state that,
within a period specified in the communication (being a period ending
not earlier than 30 days after the date of the communication) or such
longer period as the designated officer may allow, the officer or other
person to whom it is addressed may make representations to the
designated officer as regards the exercise in relation to him of a power
conferred on the designated officer by section 14 or 15.

(c)A person to whom a communication referred to in paragraph (a) is
addressed shall notify in writing the designated officer of an intention
of his to make representations referred to in paragraph (b).
(d)The officer or other person to whom a communication referred to in
paragraph (a) is addressed shall, within the period specified in the
communication (or such longer period as the designated officer may
allow), be afforded an opportunity of stating in writing, or having so
stated on his behalf, why any of the powers conferred by section 14 or
15 on a designated officer should not be exercised in relation to him.
(e) Where-
(i) a communication referred to in paragraph (a) is issued; and
(ii) the period specified in the communication has expired; and
(iii) a notification referred to in paragraph (c) is not received by the
designated officer from the person to whom the communication is
addressed; and
(iv) an application to extend the period specified in the com-
munication is not so received, or where such an application is so
received, it is disallowed,
notwithstanding the absence of representations referred to in para-
graph (b), the designated officer may exercise in relation to such
person a power conferred on such officer by section 14 or 15.
(3) A designated officer shall not exercise a power conferred on him by
section 14 or 15 without having had regard to the submission (if any) made to
him or on behalf of the officer or other person concerned pursuant to this
section.
(4) Where a designated officer exercises a power conferred on him by
section 14 or 15, he shall forthwith notify in writing the officer or other person
concerned.

(5) A person who is aggrieved by a decision of a designated officer made in
'the exercise of a power under section 14 or 15 may, within the period of 30 days
beginning on the date of the notification of the decision, or such longer period
as the Governor may permit, petition the Governor against the decision.

(6) Where the Governor receives a petition under subsection (5), he may,
by a letter addressed to a member of the panel established by section 29B of the
Pension Benefits Ordinance (Cap. 99) (in this section referred to as 'the Panel'),
require the Panel to consider and report to him on the petition, and where the
Governor makes such a requirement-
(a) the Panel shall comply with the requirement; and
(b)before he determines the petition, the Governor shall have regard to
the report of the Panel.





(7) In determining a petition under subsection (6) the Governor may, as he
thinks fit, confirm, vary or reverse the decision to which the petition relates.

(8) Where a pension, gratuity or allowance is cancelled or suspended in
accordance with a determination under subsection (1), the Governor may direct that
all or any part of the moneys to which the officer or other person concemed would
have been entitled by way of pension, gratuity or allowance had he not been
convicted and sentenced as specified in section 15(1)(a) or retired as specified in
section 15(1)(b) be paid or applied in the same manner and in all respects as is
provided for in section 13(3), and where the Governor so directs the moneys to
which the direction relates shall be paid or applied in accordance with the direction.

(9) Where a person whose pension or allowance has been cancelled or
suspended, or has been reduced, in accordance with a determination under
subsection (1) receives a free pardon, the pension or allowance to which such
person would have been entitled had he not been convicted and sentenced as
specified in section 15(1) shall be restored to him with retrospective effect as from
the date of cancellation, suspension or reduction; but in determining whether any
arrears of such pension or allowance are payable to such person and in computing
the amount thereof account shall be taken of all moneys paid or applied under
subsection (8) or, where a pension or allowance has been reduced, paid as a reduced
pension or allowance.

(10) Where a person whose pension or allowance has been cancelled or
suspended, or has been reduced, in accordance with a determination under
subsection (1), has served any sentence of imprisonment imposed on conviction,
the Governor may direct that the pension or allowance to which such person would
have been entitled had he not been convicted and sentenced as specified in section
15(1) shall be restored to him as from the date on which he completes serving the
sentence of imprisonment or any later date as the Governor shall specify in the
direction, and where the Governor so directs, the pension or allowance to which the
direction relates shall be restored in accordance with the direction.

(11) Where a designated officer exercises a power conferred on him by section
14 or 15, the relevant cancellation, suspension or reduction, as the case may be,
shall not come into operation

(a) in case no petition is brought under subsection (5) as regards the
exercise, until the time for bringing such petition has expired; or

(b)in case such a petition is brought, before the petition is either determined
or withdrawn.

(Added 86 of 1988 s. 8)

Pension or allowance may he suspended on certain
postretirement employment

16. (1) The Governor may direct that any pension or allowance granted to a
person shall be suspended as from such date as the Governor shall specify if such
person has, within 2 years after his retirement and without the prior permission in
writing of the Governor





(a) entered business on his own account;

(b) become a partner in a partnership;

(c) become a director of a company; or

(d) become an employee,

if the principal part of such business or the business of such partnership or
company or of his employment is, in the opinion of the Governor, carried on in Hong
Kong, and such direction shall be forthwith notified in writing by the Secretary for
the Civil Service to the person concerned.

(2) The Governor may specify a period of more than 2 years for the purposes of
subsection (1) where he thinks fit, and such specification shall be forthwith notified
in writing by the Secretary for the Civil Service to the person concerned.

(3) A person who is aggrieved by any direction under subsection (1) or any
specification under subsection (2) may, within 30 days of the notification to him of
the direction or specification or such longer period as the Governor may in any
particular case permit, petition the Governor against the direction or specification
and the Governor may confirm, vary or reverse the direction or specification as he
thinks fit.

(4) Where a person whose pension or allowance has been suspended under
subsection (1) ceases to be engaged in any of the capacities specified in that
subsection, the Governor may, if he is satisfied that the person has so ceased to be
engaged, direct that the pension or allowance shall be restored to him with
retrospective effect as from the date of cesser of the engagement or any later date as
the Governor shall specify, and the pension or allowance shall be restored
accordingly.

(Replaced 36 of 1987 s. 36)

Death gratuity

17. (1) Subject to subsection (8), where an officer, who is not on agreement and
who has completed not less than 2 years' qualifying service, dies while in service
under the Government, there shall be paid a death gratuity of an amount not
exceeding

(a) his annual pensionable emoluments; or

(b)the commuted pension gratuity which he would have received had he
retired at the date of his death and opted for reduction of his pension by
25% under regulation 23 of the Pensions Regulations (Cap. 89, sub. leg.),

whichever is the greater.

(2) In computing a commuted pension gratuity for the purposes of subsection
(1), the officer's service shall be deemed to include any period of untaken vacation
leave for which an ex gratia payment corresponding to the salary for that period has
been granted.

(3) Where a pensioner dies after retirement from service under the Government,
there shall be paid a death gratuity of an amount equal TO





(a) in case any pension and gratuity are already paid to him-

(i) his annual pensionable emoluments; or

(ii) the commuted pension gratuity which he would have received on
retirement had he opted for reduction of his pension by 25% under
regulation 23 of the Pensions Regulations,

whichever is the greater, less the pension and gratuity already so paid, but
excluding any additional pension granted under regulation 31 of the
Pensions Regulations,

(b) in case neither a pension nor a gratuity is so paid-

(i) his annual pensionable emoluments; or

(ii) the commuted pension gratuity which he would have received on
retirement had he opted for the maximum reduction of his pension under
the said regulation 23, plus any increase which would have fallen to be
paid had section 4(2) of the Pensions (Increase) Ordinance (Cap. 305)
applied to the gratuity as it applies to a commuted pension gratuity within
the meaning of the Pension Benefits Ordinance (Cap. 99),

whichever is the greater.

(4) Subject to subsection (5), in the case of an officer who dies and whose
period of qualifying service under the Government is

(a) not less than 5 nor more than 20 years; or

(b) more than 20 years but whose pensionable service is less than 20 years,

the pensionable service which may be taken into account for the computation of
death gratuity may be supplemented by deeming his pensionable service to be

(i) twice the actual period of his pensionable service (subject to a maximum of
20 years); or

(ii)the period of pensionable service that he would have completed if he had
served until attaining his retirement age,

whichever is the lesser.

(5) In the case of an officer who is re-appointed to service under the
Government, the deemed increase of pensionable service under subsection (4) in
respect of the final period of service of the officer may not exceed

(a)the deemed increase of pensionable service for which the officer would
have been eligible under subsection (4) had his total period of service
been continuous; or

(b) the actual period of his service after his reappointment,

whichever is the lesser, and any officer who has been granted a deemed increase of
pensionable service under subsection (4) in respect of his previous period of service
shall only be eligible for a further deemed increase of pensionable service for any
subsequent period of service to the extent that the total deemed increase of
pensionable service does not exceed the maximum deemed increase of pensionable
service specified in subsection (4).





(6) In respect of an officer who has more than one period of continuous
service, there shall be paid a death gratuity in respect of each period of continuous
service under this section; but the total sum of the death gratuities payable in
respect of more than one period of continuous service shall not exceed the sum of
the death gratuity that would have been payable had the officer's whole period of
service been continuous and had his highest pensionable emoluments or notional
highest pensionable emoluments, whichever is the greater, been taken for the
calculation of the death gratuity, less any pension, gratuity or allowance already
paid or payable to him but excluding any additional pension granted under
regulation 31 of the Pensions Regulations (Cap. 89, sub. leg.)

(7) Every death gratuity payable under this section shall be paid as soon as
possible after the death of the officer or pensioner to

(a)his legal personal representative and shall form part of the estate of the
officer or pensioner for the purposes of distribution but no estate duty
shall be payable in respect of the death gratuity and its addition to the
principal value of the estate shall not be taken into consideration for the
purpose of increasing the rate at which estate duty on the remainder of the
estate may be payable; or

(b)where the death gratuity does not exceed such amount as may be
determined by the Governor, a person named by the Governor to be the
recipient.

(8) For the purposes of subsection (1), an officer who dies in the circumstances
mentioned in section 18(1)(a), (b) and (c) shall be deemed to have not less than 2
years' qualifying service.

(9) This section shall not apply in the case of a death of an officer or pensioner
where benefits corresponding to a death gratuity under this section are paid or
payable under the Oversea Superannuation Scheme in respect of the death.

(Replaced 36 of 198 7 s. 36)

Pensions to dependants when an officer is killed on duty

18. (1) Where any officer dies as a result of injuries received-

(a) in the actual discharge of his duty; and

(b) without his own default; and

(c)on account of circumstances specifically attributable to the nature of his
duty,

while in the service of the Government it shall be lawful for the Governor to grant, in
addition to the grant, if any, of a gratuity- (Amended 37 of 1960 s. 3; 36 of 1987 s.
36)

(i) if the deceased officer dies after 31 March 1965 leaving a surviving
spouse, a pension to the spouse, whilst he remains unmarried, at a rate not
exceeding one-sixth of the officer's annual pensionable emoluments at the
date of the injury or $12,000 a year, whichever is the

greater:(Amended36of 1987s. 36)





Provided that the Governor may, in his discretion, grant a pension at
a rate not exceeding one-fourth of such emoluments; (Replaced 34 of 1970
s. 6; w.ef. 1.4.65)

(ii) if the deceased officer leaves a surviving spouse to whom a pension is
granted under paragraph (i) and a child or children, a pension in respect
of each child of an amount not exceeding one-eighth of the pension
prescribed under paragraph (i);

(iii) if the deceased officer leaves a child or children but does not leave a
surviving spouse or no pension is granted to the surviving spouse, a
pension in respect of each child of double the amount prescribed by
paragraph (ii):

Provided that the pension granted to a child or children under this
paragraph shall be not less than $6,000 a year where no other pension is
granted under this section; (Added36 of 1987s. 36)

(iv)if the deceased officer leaves a child or children and a surviving spouse to
whom a pension is granted under paragraph (i), and the surviving spouse
subsequently dies or marries, a pension in respect of each child as from
the date of the death or marriage of the surviving spouse of double the
amount prescribed in paragraph (ii): (Amended 22 of 1954s.5)

Provided that the pension granted to a child or children under this
paragraph shall be not less than $6,000 a year where no other pension is
granted under this section; (Added 36 of 1987 s. 36)

(y)if the, deceased officer does not leave a surviving spouse, or if no pension
is granted to his surviving spouse, and if his mother was wholly or mainly
dependent on him for her support, a pension to the mother, while without
adequate means of support, of an amount not exceeding the pension
which might have been granted to his surviving spouse; (Amended 36 of
1987 s. 36)

(vi)if the deceased officer does not leave a surviving spouse, or if no pension
is granted to the surviving spouse, or does not leave any children or
mother to whom a pension is granted, and the father of the deceased
officer was wholly or mainly dependent on the deceased officer for his
support, a pension to the father, while without adequate means of support,
of an amount not exceeding the pension which might have been granted to
his surviving spouse under paragraph (i): (Added 36 of 1987 s. 36)

Provided that

(a)pensions shall not be payable under this subsection at any time in respect
of more than 6 children;

(b)in the case of a pension granted under paragraph (v), if the mother
subsequently remarries such pension shall cease as from the date of re-
marriage; and if it appears to the Governor at any time that the mother is
adequately provided with other means of support, such pension shall
cease as from such date as the Governor may determine; (Amended 36 of
1987 s. 36)





(M) in the case of a pension granted under paragraph (vi), such pension shall
cease as from such date as the Governor may determine if it appears to
him that the father is adequately provided with other means of support;
(Added36 of 1987s. 36)

(c)a pension granted to a child under this section shall cease at the
appropriate time provided in subsection (1A). (Replaced 30 of 1980 s.4)

(Amended 55 of 19 72 s. 5)

(1A) A pension granted to a child under this section shall cease

(a) in the case of a male-

(i) at the age of 18 years unless at the time he attains that age he is
receiving full-time education in any university, college, school or other
educational establishment; or

(ii) at the time at which he has since attaining the age of 18 years ceased
to receive continuous full-time education at any university, college, school
or other educational establishment: (Amended 36 of 1987s.36)

Provided that a pension that has ceased under this subparagraph
may be paid again during the period when such full-time education is
resumed; or (Added 36 of 1987 s. 36)

(iii) at the age of 23 years,
whichever first occurs;

(b) in the case of a female-

(i) on her marriage; or

(ii) at the age of 21 years unless at the time she attains that age she is
receiving full-time education at any university, college, school or other
educational establishment; or

(iii) at the time at which she has since attaining the age of 21 years
ceased to receive continuous full-time education at any university, college,
school or other educational establishment: (Amended 36 of 1987s.36)

Provided that a pension that has ceased under this subparagraph
may be paid again during the period when such full-time education is
resumed; or (Added 36 of 1987 s. 36)

(iv) at the age of 23 years, whichever first
occurs. (Added 30 of 1980 s. 4)

(IB) (a) For the purposes of subsection (1A), a child on normal university,
college, school or other educational establishment holidays or awaiting for
a normal period admission to a university, college, school or other
educational establishment is receiving full-time education.

(b)In subsection (1A), university, college, school or other educational
establishment means a university, college, school or other educational
establishment recognized as such by the Director of Education. (Added 30 of
1980 s. 4)





(2) In the case of an officer not holding an established office, the expression
'pensionable emoluments' in subsection (1) means the emoluments enjoyed by him
which would have been pensionable emoluments if the office held by him had been
an established office. (Amended36of 1987s. 36)

(3) For the purposes of this section-

(a)where an officer contracts a marriage and by reason of the form thereof he
is precluded from being married to another person at the same time 'wife'
means the woman to whom such officer is lawfully married;

(b)where an officer contracts a marriage and by reason of the form thereof he
is or becomes lawfully married to more than one woman at the same time,
'wife' means the woman whom such officer first married:

Provided that in the event of any wife eligible for a pension under
this Ordinance ceasing to be so eligible and at the time of such cessation
the officer was lawfully married as aforesaid to another wife or other wives
the officer shall be deemed for the purposes of this Ordinance to have
become a widower at the time of such cessation aforesaid and
simultaneously to have married the woman who at such time was his wife
and whom he married first after his marriage to the wife who has ceased to
be eligible as aforesaid;

(e)where an officer contracts a lawful Chinese customary marriage, 'wife'
means the kit fat or tin fong wife;

(d)'surviving spouse' means the person who is the husband or wife of the
officer at the time of her or his death; (Replaced 55 of 1972 s. 5)

(e) 'child' means-

(i) any child of a female officer and, in the case of a child of a male
officer, the child born by a woman who is the wife or widow of the officer
at the time of the birth; and (Replaced 55 of 19 72 s. 5)

(ii) a person wholly or mainly dependent upon the deceased officer for
support, adopted as a child by such officer before the date of injury in a
manner recognized by the Governor.

(4) (Repealed 36 of 1987 s. 36)

(5) An officer who dies as a result of injuries received while travelling by any
means in pursuance of official instructions or in the course of his duties shall be
deemed to have died in the circumstances detailed in subsection (1). (Amended 36 of
1987 s. 36)

(6) This section shall not apply in the case of the death of any officer if his
dependants, as defined in section 3 of the Employees' Compensation Ordinance
(Cap. 282) or section 2 of the Pneumoconiosis (Compensation) Ordinance (Cap. 360),
are entitled to and have received compensation under the provisions of those
Ordinances in respect of such death. (Replaced 37 of 1960 s. 5. Amended 51 qf 1980 s.
48)

(7) The Legislative Council may, by resolution, vary in respect of officers dying
after such date as may be specified in such a resolution, the sum of $12,000 specified
in subsection (1)(i) and the sum of $6,000 specified in

subsection (1)(iii) and (iv):(Amended36of 1987s. 36)





Provided that no such resolution may provide for a decrease in the minimum
pension in respect of officers dying before the date of the resolution. (Added 34 of
1970 s. 6; w.ef. 1.4.65)

Awards in respect of service while on abnormal duty

19. (1) Where an officer is serving as a member of the Royal Hong Kong
Auxiliary Police Force or as an officer or member of the Royal Hong Kong Regiment
under the provisions of the Royal Hong Kong Regiment Ordinance (Cap. 199) or the
Royal Hong Kong Auxiliary Air Force under the provisions of the Royal Hong Kong
Auxiliary Air Force Ordinance (Cap. 198), or as a member of the Essential Services
Corps under the provisions of the Essential Services Corps Ordinance (Cap. 197),
and is killed or injured in such circumstances that a pension, gratuity or other award
is grantable in respect of such service, a pension, gratuity or other award may at the
option of the beneficiary be granted either under this Ordinance under the
provisions relating to death resulting from injuries received or permanent injuries
received in the actual discharge of his duty, as the case may be, in like manner as if
the service hereinbefore mentioned had been public service within the meaning of
this Ordinance and as if such officer had been killed or injured in the discharge of his
duty under this Ordinance or under the provisions of such of the aforesaid
Ordinances as maybe applicable: (Amended2of1959s.29;29of1969s.2;98 of 1970
Schedule)

Provided that

(a) where the beneficiaries consist of-

(i) his widow and her child or children; or

(ii) his widow and a child or children of such widow and a child or
children of his previous wife or wives; or

(iii) his widow and a child or children of his previous wife or wives, the
option shall be exercised by the widow save that if the Governor is of
opinion that the option exercised by the widow is less beneficial to the
interests of the beneficiaries as a whole than if she had opted differently
then the Governor may direct that the widow shall be deemed to have
exercised the option which is more beneficial as aforesaid and the pension
gratuity or other award shall be payable as if she had in fact so opted;
(Amended 37 of 1960 s. 3)

(b)where the beneficiary is a child who is fatherless and motherless the
option shall be exercised by the legal guardian of such child or in default
thereof by the legal personal representative of the deceased person in
respect of whose death the pension gratuity or other award is payable or
in default of such guardian or personal representative by the Director of
Accounting Services. (Amended36of 1987s. 36)

(2) If under the provisions of the appropriate enactment applicable to the Royal
Hong Kong Auxiliary Police Force, the Royal Hong Kong Regiment, the Royal Hong
Kong Auxiliary Air Force or the Essential Services Corps a pension, gratuity or
other award may be granted in respect of death or injury sustained during training or
instruction or other form of service, then the expression 'service' in subsection (1)
includes training, instruction or other





form of service in such Force, Regiment or Corps, as the case may be.

(Amended 2 of 1959 s. 29; 29 of 1969 s. 2; 98 of 1970 Schedule)

(Added 17 of 1952 s. 6)

Husband entitled only if dependent

19A. No benefit shall accrue to a husband under sections 13(3) and 18(1)(i), nor
shall he be entitled to exercise the option conferred by section 19 unless satisfactory
evidence is produced to show that he was wholly or mainly dependent upon his
wife for support by reason of his infirmity of mind or body, illness or old age.

(Added 55 of 19 72 s. 6)

Effect of enemy occupation

20. For the purpose of calculating a pension, allowance or gratuity under this
Ordinance an officer's service may with the approval of the Governor be deemed to
be unbroken notwithstanding that he ceased to be employed in the service under
the Government after 25 December 1941, if such officer resumed such service not
later than 31 March 1947, and in such case such period of cessation of service which
occurred before 15 March 1946, or any part thereof may, with the approval of the
Governor, be deemed to be service which may be counted for the purpose of
calculating a pension, allowance or gratuity grantable under this Ordinance:
(Amended36of 1987s. 36)

Provided that an officer who did not resume duty and who died not later than
31 March 1947 shall nevertheless be deemed to have resumed duty, for the purpose
of this section, on the date of his death.

(Amended 13 of 1966 Schedule)

Governor's power to exempt or modify

20A. (1) The Governor may exempt any officer and his dependants from the
application of any provisions of this Ordinance and the regulations made thereunder
in any particular case, or may modify the application of any such provisions in any
such case in the manner specified by him, where inequity results from the
application of such provisions; but any such exemption or modification shall not be
detrimental to the officer or his dependants and shall be in keeping with the spirit of
this Ordinance.

(2) No exemption or modification under subsection (1) shall become operative
unless it has received the prior approval of the Legislative Council signified by
resolution.

(Added 36 of 1987 s. 36)

Commencement and application of the Ordinance and
recomputation of benefits

21. (1) Subject to express provisions to the contrary in this Ordinance or the
regulations made thereunder, this Ordinance and such regulations shall be deemed
to have had effect from 1 January 1947 and the provisions thereof shall except as
otherwise provided apply to all officers in the service under the Government on or
after the said date:





Provided that no pension or gratuity shall be grantable under this Ordinance in
respect of service by an officer terminating between 1 January 1947 and the
enactment of this Ordinance when no pension or gratuity would have been
grantable, if this Ordinance had effect on the date of enactment, by reason of the
age at which such officer left the service under the Government. (Amended 36 of 198 7
s. 36)

(2) Any pension, gratuity or other allowance granted under the provisions of
an Ordinance or regulation repealed by this Ordinance other than Pension
Regulations C made under the Pensions Ordinance 1932 (21 of 1932), in respect of
service under the Government by an officer who was in receipt of salary according
to a scale of pay operative in Hong Kong in consequence of the Salaries Revision,
1947, shall be recomputed according to the provisions of this Ordinance. Such
recomputed pension, gratuity or other allowance shall be granted in substitution of
the former award except that where it is to the advantage of the recipient such former
award shall be deemed to have been validly made under this Ordinance.
(Amended36of 1987s. 36)

(3) A pension, gratuity or other allowance in respect of service of an officer
who is not or has not been in receipt of salary based upon a scale of pay operative
in Hong Kong in consequence of the Salaries Revision, 1947, shall be grantable
hereunder according to the provisions relating to the grant of pension, gratuity or
other allowance in respect of such officer's service applicable prior to 1 January
1947, except in respect of service which would necessitate the application thereto of
the provisions of Pension Regulations C made under the Pensions Ordinance 1932,
in which case the provisions of Part V of the regulations hereunder shall be applied
in respect of the service to which the said Pension Regulations C would have been
applicable:

Provided that if such an officer rejoins or an officer is appointed to the service
under the Government after the enactment of this Ordinance the provisions of this
Ordinance other than this subsection shall apply in respect of the grant of any
pension, gratuity or other allowance granted after so rejoining or being so
appointed. (Amended 36 of 1987s. 36)

(4) 'Salaries Revision, 1947 means for the purposes of this section, the revision
of salaries initiated by the report of the Commissioners appointed on 20 March 1947
by virtue of section 2 of the repealed Commissioners Powers Ordinance (Cap. 86,
1964 Ed.).

(5) If any question arises as to whether any salary is according to a scale of
pay operative in Hong Kong in consequence of the Salaries Revision, 1947, the
decision thereon of the Governor shall be final. (Amended37of1960s.3; 36 of 1987 s. 36)

Provisions for officers transferred to Government from the
service of the Government of Palestine

22. For the purposes of this Ordinance, any person holding office in the service
of the Government of Palestine immediately before 15 May 1948 shall be deemed to
continue in his office until either he is appointed to public service elsewhere, or, if
he is not so appointed, he retires or is removed from his office.

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