PENSION BENEFITS ORDINANCE

PENSION BENEFITS ORDINANCE

LAWS OF HONG KONG

PENSION BENEFITS ORDINANCE

CHAPTER 99





CHAPTER 99

PENSION BENEFITS ORDINANCE

ARRANGEMENT OF SECTIONS

Section.................................... Page
1.................................Short title 2
2................................Interpretation 2
3...............Legislative Council may grant special allowance 6
4.................................Application 6
5.......................Pension benefits to be of right 6
6..............Pension benefits to be charged to general revenue 7
7.........................Time for payment of pension 7
8.........................Opting for pension benefits 7
9...........Officers when deemed to have opted for pension benefits 8
10................................Retirement age 8
11.......Circumstances in which pension may be granted for normal service 9
12.Circumstances in which pension may be granted for service after re-appointment 10
13.............................Compensation scheme 11
14............Grant of pension on retirement on account of injuries 11

15...................................Grant of additional pension on account of injuries ....... 11

16. Grant of additional pension on abolition of office or compulsory retirement 12
17. Grant of pension benefits in respect of service while on abnormal duty 12

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

service .............................13
19..............................Dependant pension 13
20................................Death gratuity 16
21...............................Maximum pension 18
22............................Pensionable emoluments 19
23..................Computation and grant of pension benefits 20
24................Commuted pension gratuity and reduced pension 21
25............Husband entitled to pension benefits only if dependent 22
26............Suspension of pension on re-appointment to the service 22
27.............Power not to grant, or to cancel or reduce, pension 22
28........................Pension to cease on bankruptcy 23
29..Pension benefits may be cancelled, suspended or reduced on conviction, etc. 24
29A................Provisions supplementary to sections 27 and 29 25
29B....................................Panel 27
30........Pension may be suspended on certain post-retirement employment 28
31.......................Pension benefits not assignable 29
31A...........................Operation of section 31 29
32.......................Grant of short service gratuity 29
33.....................Governor's power to exempt or modify 30
34...........................Power to amend Schedule 30
35.................................Regulations 30

Schedule. Scheduled officers....................................................................................................
. 31





CHAPTER 99

PENSION BENEFITS

To make provision for the granting of pension benefits in respect of the public

service, and for purposes connected therewith.

[1 July 1987]

Originally 36 of 1987- R.Ed. 1987,61 of 1988,86 of 1988

Short title

1. This Ordinance may be cited as the Pension Benefits Ordinance.

Interpretation

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

'additional pension' means an additional pension granted under section 15

or 16;

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

Ordinance (Cap. 305);

'child' in relation to an officer

(a) includes a step-child;

(b)includes a child adopted by the officer, but does not include a child of the
officer 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 officer unless its mother was, at the time of its birth,
the officer's wife as defined in this subsection;

'commuted pension gratuity' means the commuted pension gratuity referred to

in section 24(1);

'compensation scheme' means a compensation scheme approved under sec

tion 13;

'death gratuity' means a death gratuity payable under section 20;

'deferred pension' means a pension granted to an officer but the payment of

which is deferred under section 7(a);

'dependant pension' means a pension granted under section 19 to a dependant

of a deceased officer;

'designated officer' means an officer who is for the time being appointed under

section 29A(I); (Added 86 of 1988 s. 2)

,,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 officer holding that office at the time of the
amendment or revocation continues therein, the office shall, as respects
that officer, continue to be an established office; or

(ii) immediately preceding 1 July 1987 was pensionable whether to
holders of such office generally or to a particular holder; and such office
shall be an established office until declared to be no longer an established
office by 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) revoking an Order made under this Ordinance; but no
declaration that any office is an established office shall be deemed to
imply that any holder thereof who is not confirmed in an established office
at the date of his retirement shall be the holder of an established office; or

(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;

(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;

'expatriation pay' means a special addition to salary granted in accordance with the
Regulations of the Government governing such pay;

'highest pensionable emoluments' means the highest annual pensionable
emoluments determined in accordance with the regulations;

'judicial officer' means an officer holding a judicial office as defined in the Public
Service Commission Ordinance (Cap. 93);

'non-established office' means an office in the public service which is not an
established office;

'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 his retirement age or the date of his death,
whichever is the earlier;

'officer' means any person who is appointed or re-appointed to the public service
and to whom this Ordinance applies;

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

'pension' means any pension or deferred pension (other than an additional
pension or a dependant pension) granted, payable or paid under this





Ordinance, and 'pensioner' means a person to whom such pension has been
granted, payable or paid;

'pensionable emoluments means

(a)in respect of service of an officer under the Government, the emoluments
specified in section 22(a), (b) or (c), and where provided includes
pensionable emoluments enjoyed or drawn by him and his notional
pensionable emoluments; and

(b)in respect of an officer in other public service, the emoluments referred to
in section 22(d);

'pensionable emoluments enjoyed or drawn' includes the pensionable emoluments
that an officer on leave without salary would have enjoyed or drawn if he had
been on duty on full pensionable emoluments;

'pensionable service' means service which may be taken into account in computing
pension benefits;

'pension benefits' means any pension, additional pension, dependant pension,
death gratuity, commuted pension gratuity, short service gratuity or other
benefits granted, payable or paid under this Ordinance;

'personal allowance' means a special addition to a salary granted personally to the
holder for the time being of an office if it is granted subject to the condition that
it shall be taken into account in computing pension;

'public service' and 'service' mean

(a)service in a civil capacity under the Government or any other country or
territory in the Commonwealth;

(b)service in a civil capacity 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;

(c) 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;

(e)except for the purposes of computation of a pension or gratuity and of
section 21, 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'
Pensions Scheme 1979 or any Act or Scheme amending or replacing that
Act or Scheme;





(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;

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

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

'Public Service Commission' means the Public Service Commission established
by the Public Service Commission Ordinance (Cap. 93);

'qualifying service' means the period of service calculated as qualifying service
in accordance with the regulations;

'reduced pension' means the reduced pension referred to in section 24(1);

'the regulations' means regulations made under this Ordinance;

'retirement' means retirement from the public service;

'retirement age' means the retirement age specified in section 10, other than the
age at which an officer may retire voluntarily, and which is applicable to the
officer concerned, whether or not he is in the service when he attains his
retirement age;

',salary' means the substantive salary attached to any established or non-
established office in the service;

'Scheduled officer' means any officer of a rank or grade specified in the
Schedule who is in service under the Government in the-

(a) Correctional Services Department;
(b) Customs and Excise Department;
(c) Fire Services Department;
(d) Immigration Department; or

(e) Royal Hong Kong Police Force;

'service 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;

'serving officer' means an officer who has opted in accordance with subsection (1)
of section 8 and whose option has not been rejected under subsection (2) of
that section;

',short service gratuity' means a short service gratuity granted to an officer
under section 32;





'special allowance' means a special addition to salary declared to be pension-
able by a resolution of the Legislative Council under section 3;

'spouse' means the person to whom an officer is, by reason of the form of
marriage contracted, lawfully married;

'wife', in relation to an officer, means-

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

(b)where there is no such wife and the officer 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 officer,

and 'widow' shall be construed accordingly.

(2) For the avoidance of doubt 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.

Legislative Council may grant special allowance

3. (1) The Legislative Council may by resolution declare a special
addition to salary to be pensionable as a special allowance.

(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.

Application

4. (1) Subject to subsections (2) and (3) and to any exemption under
section 33, this Ordinance applies to---

(a)every officer who is appointed or re-appointed to service under the
Government on or after 1 July 1987, whether on transfer from other
public service or otherwise, on terms which attract pension benefits
under this Ordinance;
(b) every serving officer; and

(c)every officer who, under section 9, is deemed to have opted under
section 8(1).

(2) No officer shall derive any pension, gratuity or other allowance under
the Pensions Ordinance (Cap. 89) and pension benefits under this Ordinance in
respect of the same period of service.

(3) This Ordinance shall not apply to judicial officers.

Pension benefits to be of right

5. Except as otherwise provided in this Ordinance, the entitlement to
pension benefits shall be a right.





Pension benefits to he charged to general revenue

6. There shall be charged on and paid out of the general revenue all sums
of money as may from time to time be granted by way of pension benefits.

Time for payment of pension

7. Subject to section 26, payment of a pension granted to an officer
shall-

(a) in case he is an officer to whom section 11 (1)(e), (f) or (j) applies-
(i) where he is a serving officer, be deferred until he attains the age
of 55 years; or
(ii) where he is a Scheduled officer who is or was appointed or
re-appointed to service under the Government on or after 1 July 1987,
be deferred until the day on which he attains the age of 60 years or the
age prescribed by a notice under section 10(3) which is applicable to
the rank or grade held by him at the time when the pension is or was
granted, whichever of those days is the earlier; or
(iii) where he is an officer appointed on or after 1 July 1987,
other than a Scheduled officer, be deferred until he attains the age of
60 years,
or in any such case where the Governor so directs, be deferred until
such day, being a day which is earlier than would otherwise be the case
under this paragraph, as is specified in the direction;
(b)where the pension is granted under a compensation scheme, be made
upon the retirement of the officer under section 11 (1)(i) as prescribed
in the compensation scheme; and

(c)in any other case, be made as soon as possible after the retirement of
the officer.
(Replaced 61 of 1988 s. 2)

Opting for pension benefits

8. (1) Subject to subsection (2), an officer who is eligible for a pension or
annual allowance under the Pensions Ordinance (Cap. 89) may opt under and in
accordance with the terms of a Circular to be issued under and for the purposes
of this section by the Secretary for the Civil Service, that all his service attracting
pension or annual allowance under that Ordinance shall be taken into account
as pensionable service under this Ordinance.

(2)(a) An option under subsection (1) shall be sent to the Secretary for
the Civil Service.

(b) (i) Having received from an officer an option under subsection (1),
if the Secretary for the Civil Service, having had regard to the cir-
cumstances of the particular case, is of opinion that to allow the
officer to exercise the option would prejudice the interests of the
public service, he may reject the option.
(ii) In case, pursuant to subparagraph (i), the Secretary for the
Civil Service rejects an option, he shall, as soon as may be, inform the
officer concerned in writing of both the rejection and the reasons
therefor.





(e)A person aggrieved by a rejection under paragraph (b)(i) relating to him
may, within 30 days of the notification to him of the rejection, or such
longer period as the Governor may permit, petition the Governor against
the rejection and the Governor may, as he shall think fit, either confirm the
rejection or direct that the option to which the petition relates be
accepted.

(d)The power conferred on the Secretary for the Civil Service by paragraph
(b)(i) may be exercised as regards a particular option under subsection (1)
at any time within the period of 12 months beginning on the day on which
the option is received by him.

(3) A serving officer in respect of whom 90% only of his substantive salary and
special allowance, and 50% only of expatriation pay, is taken as pensionable
emoluments under the Pensions Ordinance (Cap. 89) may further opt, at the same
time as he opts under subsection (1) under and in accordance with the terms of the
Circular referred to in subsection (1) that 100% of his substantive salary, special
allowance and expatriation pay shall be taken into account as pensionable
emoluments under this Ordinance.

(4) The dates on which any option under subsection (1) or (3) shall become
effective shall be in accordance with the Circular referred to in subsection (1).

(5) An option exercised under subsection (1) or (3) shall be irrevocable.

Officers when deemed to have opted for pension benefits

9. An officer who is eligible to opt under section 8(1) but who dies after 1 July
1987 and before the expiry of the period within which he may so opt, shall be
deemed to have so opted.

Retirement age

10. (1) Subject to subsections (2), (3) and (4), the normal retirement age of an
officer who is appointed or re-appointed to service under the Government on or
after 1 July 1987, whether on transfer from other public service or otherwise, shall be
when he attains the age of 60 years.

(2) The retirement age of a serving officer, other than a Scheduled officer to
whom subsection (3) applies, shall be when he attains the age of 60 years:

Provided that such serving officer

(a)may retire voluntarily as provided in section 11 (1)(b)(i) earlier than the
age of 60 years; and

(b)shall, prior to his retirement under paragraph (a), give to the Secretary for
the Civil Service written notice of retirement of such duration as is
specified by the Secretary for the Civil Service.

(3) The retirement age of a Scheduled officer, who is either a serving officer or
an officer appointed or re-appointed to service under the Government on or after 1
July 1987, shall be when he attains the age of 60 years or in





case he holds a rank or grade, or a class of rank or grade, specified in the Schedule
and in relation to which an age, being an age less than 60 years but not less than 55
years, is specified by

(a)in the case of a Scheduled officer of a directorate rank, the Governor; or

(b)in the case of a Scheduled officer of a senior rank or rank and file grade,
the Head of the Department concemed,

in a notice published for the purposes of this subsection in the Gazette and not
withdrawn, the age so specified: (Amended 61 of 1988 s. 3)

Provided that a Scheduled officer

(i) may retire voluntarily as provided in section 11 (1)(b)(ii) or (iii) earlier than
the retirement age prescribed under this subsection; and

(ii)shall, prior to his retirement under paragraph (i), give to the Secretary for
the Civil Service (in the case of a Head of Department) or to the Head of
Department concerned (in the case of any Scheduled officer other than a
Head of Department) written notice of retirement of such duration as is
specified by the Secretary for the Civil Service or the Head of Department,
as the case may be.

(4) The Governor may approve the continued service of an officer, to whom
this section applies, after he attains his retirement age.

(5) Each of the 6 orders published in the Gazette on 10 July 1987 in Legal
Notices Nos. 206, 207, 208, 209, 2 10 and 211, respectively, shall be regarded as being
a notice published for the purposes of subsection (3). (Added61of1988 s.4)

Circumstances in which pension may he granted for
normal service

11. (1) Unless otherwise provided in this Ordinance, no pension shall be
granted to an officer except in respect of his service in a civil capacity under the
Government and except

(a)subject to section 27(2), upon his retirement on or after attaining his
retirement age, and after completion of qualifying service of not less than
10 years;

(b)upon his voluntary early retirement after completion of qualifying service
of not less than 10 years

(i) in the case of a serving officer to whom section 10(2) applies, on or
after his attaining the age of 55 years;

(ii) in the case of a Scheduled officer of a directorate rank or senior rank
to whom section 10(3) applies, on or after his attaining the age of 55 years;

(iii) in the case of a Scheduled officer of the rank and file grade to whom
section 10(3) applies, on or after his attaining the age of 50 years;





(c) in the case of transfer to other public service-

(i) upon his retirement on or after attaining the age at which he is
permitted by the law or regulations of the service in which he was last
employed to retire on pension; or

(ii) upon his retirement in any other circumstances in which he is
permitted by the law or regulations of the service in which he was last
employed to retire on pension or gratuity,

but subparagraph (H) shall not apply in the case of a female officer who
retires for the reason that she has or is about to be married;

(d)upon his retirement on the abolition of his office, and after completion of
qualifying service of not less than 2 years;

(e)subject to subsection (2), upon his retirement in the public interest,
whether or not he has completed qualifying service of not less than 10
years;

(f)subject to subsection (2) and section 29(1)(a), upon his compulsory
retirement in exercise of disciplinary powers of punishment by the
Government, whether or not he has completed qualifying service of not
less than 10 years;

(g)upon his compulsory retirement for the purpose of facilitating
improvement in the organization of the department in which he is serving,
by which greater efficiency or economy may be effected, and after
completion of qualifying service of not less than 2 years;

(h)upon his retirement on medical evidence that satisfies the Governor that
the officer 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, and after completion of qualifying service of not less than 5
years;

(i)upon his retirement in accordance with any compensation scheme,
whether or not he has completed qualifying service of not less than 10
years;

(j)subject to subsection (2) and section 27(2), upon his resignation from the
service, with the approval of the Secretary for the Civil Service, after
completion of qualifying service of not less than 10 years; or

(k)upon his retirement on attaining the maximum pension specified in section
21.

(2) Unless otherwise directed by the Governor, a pension granted to an officer
to whom subsection (1)(e), (f) or (j) applies shall be a deferred pension.

(3) Retirement under subsection (1)(a) or (b), or resignation under subsection
(1)(j), shall take place after the officer has served such period of service, as may be
specified by the Secretary for the Civil Service, after the officer has notified the
Secretary for the Civil Service of his intention to retire or resign.

Circumstances in which pension may be granted for
service after re-appointment

12. An officer who is eligible for, or is granted, a pension and who is re-
appointed to service under the Government, shall be granted a pension in respect of
that service on completion of qualifying service of not less than 2 years during such
re-appointment.





Compensation scheme

13. For the purposes of section 11 (1)(i) 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 benefits and
additional benefits to officers on their retirement, the commutation of
pension benefits, the payment of death gratuities to dependants of
officers, and for other matters relating thereto, other than in accord-
ance with this Ordinance; and

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

Grant of pension on retirement on account of injuries

14. (1) A pension shall be granted to an officer who is permanently
injured-

(a) in the actual discharge of his duty;

(b) without his own default; and

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

while in the pensionable service if his retirement is thereby necessitated or
materially accelerated, notwithstanding that he has been in the public service
for less than 10 years.

(2) An officer who is permanently injured while travelling by any means in
pursuance of official instructions or in the course of his duties shall be deemed
for the purposes of subsection (1) to have been injured in the circumstances
described in that subsection.

Grant of additional pension on account of injuries

15. (1) Subject to subsection (2), if an officer is permanently injured in the
circumstances described in section 14, he shall be granted an additional pension
at the prescribed rate where his capacity to contribute to his own support
becomes impaired at or after his retirement because of the injury and it shall be
payable in accordance with the regulations.

(2) Where an additional pension is granted under subsection (1) in
respect of an injury which was caused in circumstances creating a legal
liability in some person other than the Government, the Government may
take proceedings against such person to recover an amount not exceeding the
amount of the additional pension multiplied by 14.

(3) Subsection (1) shall not apply in the case of an officer who, in
consequence of his injury, is entitled to and has received compensation under
the Employees' Compensation Ordinance (Cap. 282) or the Pneumoconiosis
(Compensation) Ordinance (Cap. 360).





Grant of additional pension on abolition of office or
compulsory retirement

16. (1) An additional pension at the prescribed rate shall be granted to an
officer

(a) who retires under section 11 (1)(d) on abolition of his office; or

(b) who is compulsorily retired under section 11(1)(g).

(2) An additional pension granted to an officer under subsection (1) shall be
payable when a pension is paid to him.

Grant of pension benefits in respect of service while
on abnormal duty

17. (1) Where an officer is serving-

(a)as an officer or member of the Royal Hong Kong Regiment under the
Royal Hong Kong Regiment Ordinance (Cap. 199);

(b)as a member of the Royal Hong Kong Auxiliary Police Force under the
Royal Hong Kong Auxiliary Police Force Ordinance (Cap. 233);

(c)as an officer or member of the Royal Hong Kong Auxiliary Air Force under
the Royal Hong Kong Auxiliary Air Force Ordinance (Cap. 198); or

(d)as a member of the Essential Services Corps under the Essential Services
Corps Ordinance (Cap. 197),

and is injured or killed 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 officer or the beneficiary of the deceased officer be granted

(i) under sections 14 and 15 or section 19, as may be appropriate, in like
manner as if his service had been public service under the Government
within the meaning of this Ordinance and as if he had been injured, or
had died, in the like circumstances while in service; or

(ii) under any Ordinance mentioned in paragraph (a), (b), (c) or (d) that is
applicable.

(2) For the purposes of subsection (1)-

(a) where the beneficiaries of a deceased officer consist of-

(i) his spouse and one or more children of such spouse;

(ii) his spouse and one or more children of such spouse and one or
more children of a previous spouse or spouses; or

(iii) his spouse and one or more children of a previous spouse or
spouses,

the option shall be exercised by the spouse save that if the Director of
Accounting Services is of opinion that the option exercised by the spouse
is less beneficial to the interests of the beneficiaries as a whole than if the
spouse had opted differently the Director of Accounting Services may
direct that the spouse 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 the spouse had in fact so opted;





(b)where the beneficiary of a deceased officer 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 officer in respect of whose death the pension, gratuity or
other award is payable or in default of such guardian or legal personal
representative by the Director of Accounting Services.

(3) If under the appropriate Ordinance applicable to the Royal Hong
Kong Regiment, the Royal Hong Kong Auxiliary Police Force, the Royal Hong
Kong Auxiliary Air Force or the Essential Services Corps a pension, gratuity or
other award may be granted in respect of injury or death during training or
instruction or other form of service, then the expression 'service' in subsec-
tion (1) includes training, instruction or other form of service in the Regiment,
Force or Corps, as the case may be.

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

18. Where an officer leaves the public service and a pension or short
service 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.

Dependant pension

19. (1) Subject to subsection (3), where an officer dies as a result of
injuries received-

(a) in the actual discharge of his duty;

(b) without his own default; and

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

while in service under the Government, the Governor shall grant, in addition to
a death gratuity (if any)-

(i) if the officer leaves a spouse, a dependant pension to the spouse, whilst
the spouse 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:
Provided that the Governor may, in his discretion, grant a
dependant pension under this paragraph at a rate not exceeding
one-fourth of such pensionable emoluments;

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

(iii) if the deceased officer leaves one or more children, but does not leave a
spouse or leaves a spouse to whom no dependant pension is granted, a
dependant pension to each child of double the amount in accordance
with paragraph (ii):





Provided that the dependant pension granted to a child or
children under this paragraph shall be not less than $6,000 a year
where no other dependant pension is granted under this section;

(iv)if the deceased officer leaves one or more children and a spouse to
whom a dependant pension is granted, and the spouse subsequently
dies, re-marries or ceases for any other reason to receive the dependant
pension, a dependant pension to each child as from the date of the
death or marriage of the spouse, or the date on which a dependant
pension to the spouse ceases, of double the amount in accordance with
paragraph (ii):
Provided that the dependant pension granted to a child or
children under this paragraph shall be not less than $6,000 a year
where no other dependant pension is granted under this section;

(v) if the deceased officer does not leave a spouse, or leaves a spouse to
whom no dependant pension is granted, and if the mother of the
deceased officer was wholly or mainly dependent on the deceased
officer for her support, a dependant pension to the mother, while the
mother is without adequate means of support, of an amount not
exceeding the dependant pension which could have been granted to
the spouse under paragraph (i);

(vi) if the deceased officer does not leave a spouse, or leaves a spouse to
whom no dependant pension is granted, or does not leave any children
or mother to whom a dependant pension is granted, and the father of
the deceased officer was wholly or mainly dependent on the deceased
officer for his support, a dependant pension to the father, while the
father is without adequate means of support, of an amount not ex-
ceeding the dependant pension which could have been granted to the
spouse under paragraph (i).

(2) A dependant pension shall be payable as soon as possible after the
death of the officer.

(3) A dependant pension-

(a)shall not be payable under subsection (1) at any time in respect of
more than 6 children;

(b) when granted under subsection (1) shall cease-
(i) in the case of a child, at the appropriate time provided in
subsection (4);
(ii) in the case of the deceased officer's mother, as from the date of
re-marriage if the mother subsequently re-marries. or as from such
date as the Governor may determine if it appears to him at any time
that the mother is adequately provided with other means of support;
(iii) in the case of the deceased officer's father, as from such date as
the Governor may determine if it appears to him at any time that the
father is adequately provided with other means of support.

(4) A dependant pension granted under subsection (1) to a child shall
cease-





(a) in the case of a male child-

(i) at the age of 18 years unless at the time he attains that age he is
receiving full-time education;

(ii) at the time at which he has since attaining the age of 18 years ceased
to receive continuous full-time education:

Provided that a dependant pension that has ceased under this
subparagraph may be paid again during the period when the full-time
education is resumed; or

(iii) at the age of 23 years,

whichever first occurs;

(b) in the case of a female child-

(i) on her marriage;

(ii) at the age of 21 years unless at the time she attains that age she is
receiving full-time education;

(iii) at the time at which she has since attaining the age of 21 years
ceased to receive continuous full-time education:

Provided that a dependant pension that has ceased under this
subparagraph may be paid again during the period when the full-time
education is resumed; or

(iv) at the age of 23 years,

whichever first occurs.

(5) For the purposes of subsection (1), 'pensionable emoluments' includes
pensionable emoluments enjoyed or drawn.

(6) For the purposes of subsection (4)-

(a)full-time education' means full-time education at any university, college,
school or other educational establishment recognized as such by the
Director of Education; and

(b)a child on normal university, college, school or other educational
establishment holidays or awaiting for a normal period for admission to a
university, college, school or other educational establishment is receiving
full-time education.

(7) For the purposes of this section-

(a)where an officer contracts a marriage and by reason of the form thereof the
officer is or becomes lawfully married to more than one woman at the same
time, 'wife' (without prejudice to the definition of 'wife' in section 2)
means the woman whom such officer first married:

Provided that in the event of any wife eligible for a dependant
pension under this section ceasing to be so eligible and at the same 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
section to have become a widower at the time of such cessation 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;





(b)'child' (without prejudice to the definition of 'child' in section 2)
means-
(i) any child of a female officer and, in the case of a child of a male
officer, any child born by a woman who at the time of the birth was the
wife or widow of the officer; or
(ii) a child who was wholly or mainly dependent upon the deceased
officer for support, and who had been adopted by the officer before the
date of the injuries which resulted in the death of the officer.

(8) 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 for the purposes of subsection (1) to have died in the circumstances
described in that subsection.

(9) 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 any of those
Ordinances in respect of such death.

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

Provided that no such resolution may provide for a decrease in the
minimum dependant pension in relation to officers dying before the date of
the resolution.

Death gratuity

20. (1) Where an officer-

(a)who has completed not less than 2 years' qualifying service, dies other
than as specified in paragraph (b); or

(b)irrespective of the length of the period of his qualifying service, dies as
a result of injuries received-
(i) in the actual discharge of his duty;
(ii) without his own default; and
(iii) on account of circumstances specifically attributable to the
nature of his duty,

while in service under the Government, there shall be paid a death gratuity of
an amount calculated in accordance with subsection (2).

(2) A death gratuity payable under subsection (1) in respect of the death
of an officer shall be 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 50% under section 24(1),

whichever is the greater.





(3) In computing a commuted pension gratuity for the purposes of subsection
(2), 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.

(4) Where a pensioner, other than a person referred to in subsection (5), dies
after retirement from service under the Government, there shall be paid a death
gratuity of an amount equal to

(a) his annual pensionable emoluments; or

(b)the commuted pension gratuity which he would have received had he
opted on his retirement for reduction of his pension by 50% under section
24(1),

whichever is the greater, less any pension benefits already paid or payable to him
but excluding any additional pension granted under section 15(1).

(5) Where an officer, who has been granted a deferred pension-

(a)dies before any deferred pension is paid to him, there shall be paid a death
gratuity of an amount not exceeding the maximum commuted pension
gratuity which he would have received had he retired at the date of his
retirement in the public interest under section 11 (1)(e), his compulsory
retirement under section 1 1(1)(f) or his resignation under section 1 1(1)(j),
as the case may be, and opted for reduction of his pension by 50% under
section 24(1), plus any authorized increase; or

(b)dies after any deferred pension is paid to him, there shall be paid a death
gratuity of an amount equal to the maximum commuted pension gratuity
which he would have received had he opted for reduction of his pension
by 50% under section 24(1) plus any authorized increase thereon up to the
time when the deferred pension was paid to him for the first time, less any
pension benefits already paid or payable to him and any authorized
increase thereon up to the time when the deferred pension was paid to him
for the first time, but excluding any additional pension granted under
section 15(1).

(6) Subject to subsections (7) and (8), in the case of an officer, other than an
officer referred to in subsection (5), who dies in the circumstances described in
subsection (1) and whose period of qualifying service is

(a) not less than 5 nor more than 22-1 years; or

2

(b) more than 22-1 years but whose pensionable service is less than 221

2 2

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
221 years); or

_k

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





(7) Subsection (6) shall apply in the case of an officer who is eligible for,
or is granted, a pension, and who is re-appointed to service under the Govern-
ment, irrespective of the length of qualifying service completed during such
re-appointment.

(8) In the case of an officer to whom subsection (7) applies, the deemed
increase of pensionable service under subsection (6) 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 (6) had his total period of service
been continuous; or

(b) the actual period of his service after his re-appointment,

whichever is the lesser, and any officer who has been granted a deemed increase
of pensionable service under this Ordinance or the Pensions Ordinance (Cap.
89), or both the Ordinances, 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 pension-
able service specified in subsection (6).

(9) 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 pension-
able emoluments or notional highest pensionable emoluments, whichever is the
greater, been taken for the calculation of the death gratuity, less any pension
benefits already paid or payable to him but excluding any additional pension
granted under section 15(1).

(10) Every death gratuity 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 remain-
der 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.

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

Maximum pension

21. (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, including any pension





or pensions granted under the Pensions Ordinance (Cap. 89)) granted to an officer
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,

whichever is the greater.

(2) An additional pension granted to an officer under section 15(1), or any
additional pension granted to him 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 subsection (1) of this section; 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 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.

(3) An officer who is granted a pension in respect of other public service shall
not at any time draw from the general revenue an amount of pension in respect of
service under the Government which, when added to the amount of any pension
granted in respect of other public service, exceeds 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,

whichever is the greater:

Provided that where an officer is granted in respect of some period of his
service under the Government or in other public service both a gratuity and a
pension, the amount of such pension shall be deemed for the purposes of this
subsection to be

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

(ii) in all other cases, four-thirds of its actual amount.

(4) For the purposes of subsections (1), (2) and (3), the highest pensionable
emoluments enjoyed or drawn by an officer or the notional highest pensionable
emoluments deemed to have been enjoyed or drawn by him shall be determined in
accordance with regulation 16 of the regulations.

Pensionable emoluments

22. Except as otherwise provided in this Ordinance and the regulations-

(a)in the case of an officer to whom section 4(1)(a) and (1)(c) applies, and an
officer to whom section 4(1)(b) applies where 100% of his





substantive salary (expatriation pay and special allowance was to
be taken as pensionable emoluments under the Pensions Ordinance
(Cap. 89)), 100% of his salary, expatriation pay, personal allowance
and special allowance shall be taken as his pensionable emoluments,
but not any other emoluments whatever;

(b)in the case of an officer to whom section 4(1)(b) applies and who has
further opted under section 8(3)-
(i) in respect of his service prior to the material date-
(A) 90 %of his salary;
(B) 50% of his expatriation pay;
(C) 100% of his personal allowance; and
(D) 90% of his special allowance,

shall be taken as his pensionable emoluments, but not any other
emoluments whatever; and
(ii) in respect of his service after the material date, 100% of his
salary, expatriation pay, personal allowance and special allowance
shall be taken as his pensionable emoluments, but not any other
emoluments whatever,

and for the purposes of this paragraph, 'material date' means a date
to be determined in accordance with the terms of a Circular issued
under and for the purposes of this paragraph by the Secretary for the
Civil Service;

(e)in the case of an officer to whom section 4(1)(b) applies (other than
an officer in respect of whom 100% of substantive salary, special
allowance and expatriation pay was to be taken as pensionable
emoluments under the Pensions Ordinance), and who has not further
opted under section 8(3)-
(i) 90% of his salary;
(ii) 50% of his expatriation pay;
(iii) 100% of his personal allowance; and
(iv) 90% of his special allowance,

shall be taken as his pensionable emoluments, but not any other
emoluments whatever;

(d)in the case of an officer whilst serving in other public service, the
emoluments which are pensionable emoluments in accordance with
the law or regulations in force in such service shall be taken as his
pensionable emoluments.

Computation and grant of pension benefits

23. (1) Pension benefits granted to an officer, or to his dependants, shall
be computed-

(a)except in the case of a deferred pension, in accordance with the
provisions relating to such officer which are in force at the date of
his retirement, or death or injury, as the case may be;





(b)in the case of a deferred pension, in accordance with the provisions which
are in force at the date when the officer leaves the service.

(2) Subject to section 21, a separate pension shall be computed and granted in
respect of each period of continuous service of an officer in the public service.

Commuted pension gratuity and reduced pension

24. (1) Subject to subsections (5) and (7), an officer to whom any pension is to
be granted under this Ordinance, other than a pension under section 14 and an
additional pension under section 15, shall, if he has exercised his option in
accordance with subsections (2) and (3) of this section, be paid, in lieu of any such
pension or aggregate of the pensions, a reduced pension at the rate of 50, 55, 60, 65,
70, 75, 80, 85, 90 or 95% of the pension, or a similar percentage of the aggregate of
the pensions, according to the option exercised, together with a commuted pension
gratuity equal to 14 times the amount of the reduction so made in the annual pension
or aggregate annual pensions.

(2) The option referred to in subsection (1) shall be exercised, and if it has been
exercised may be revoked, not later than the day immediately preceding the date of
such officer's retirement or, in the case of a deferred pension, not later than the date
immediately preceding the date on which such officer attains the age when the
deferred pension is payable under section 7(a):

Provided that the Governor may, if it appears to him equitable in all the
circumstances so to do, allow an officer in any particular case to exercise the option,
or revoke an option previously exercised, at any time between that date and the
actual date when the pension or aggregate pensions is payable for the first time.

(3) The option referred to in subsection (1) shall-

(a) be in writing addressed to the Director of Accounting Services; and

(b)state the rate of the reduced pension, in accordance with that subsection,
in the annual pension or aggregate of the annual pension,

and the date of the exercise of the option shall be deemed to be the date on which
the Director of Accounting Services receives the option.

(4) Subject to the provisions of subsection (2) as regards the revocation of an
option, an option exercised under that subsection shall be irrevocable.

(5) An officer who dies before exercising an option under subsection (1) but
after he has retired shall be deemed to have exercised the option to reduce his
pension or aggregate pensions by 50% and the commuted pension gratuity and
reduced pension shall be paid in accordance with subsection (1).

(6)(a) Subject to paragraph (c) and subsection (7), a commuted pension
gratuity shall be payable

(i) in case the relevant pension is a deferred pension, when that
pension is payable under section 7 for the first time;

(ii) incase a direction is given by the Governor under section 11(2) in
relation to the relevant pension, when that pension would be payable for
the first time if it were a deferred pension;





(iii) in any other case, when the relevant reduced pension is payable
under this Ordinance for the first time.

(b)The Governor may, as regards a particular case, direct that a commuted
pension gratuity shall be payable on a day specified in the direction,
being a day which is earlier than the day on which the gratuity would
otherwise fall to be paid under paragraph (a).

(e)Where the Governor gives a direction under this subsection, the
commuted pension gratuity to which the direction relates shall be payable
on the day specified in the direction. (Replaced 61 of 1988 s.5)

(7) Where an officer retires in accordance with any compensation scheme, the
reduced pension and the commuted pension gratuity shall be computed, and shall
be payable, in accordance with the compensation scheme applicable to the officer.

Husband entitled to pension benefits only if dependent

25. No pension benefits or moneys related thereto shall accrue to a husband of
a female officer under sections 19(1)(i) and 28(3), nor shall he be a beneficiary and be
entitled to exercise the option conferred by section 17, unless satisfactory evidence
is produced by him to the Secretary for the Civil Service to show that he is wholly or
mainly dependent upon his wife for support by reason of his infirmity of mind or
body, illness or old age.

Suspension of pension on re-appointment to the service

26. (1) If an officer who is eligible for a pension or to whom a pension has been
granted is re-appointed to the public service, or appointed to service in any
subvented organization which is determined to be public service for the purposes of
this section by the Governor by notice in the Gazette, the payment of the pension
may be suspended during the period of his service after his re-appointment or
appointment, as the case may be.

(2) A pension that is suspended under subsection (1) shall be payable with
effect from the date on which the service of the officer after his re-appointment or
appointment ceases.

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

27. (1) Subject to subsection (5) and to section 29A, a designated officer may

(a)refuse to grant a pension 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

(b)cancel or reduce a pension granted to a person if it be shown to the
designated officer that the pension 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 would not have been granted or would only have
been granted in part.





(2) Subject to subsection (6) and to section 29A, a designated officer
may-

(a) refuse to grant a pension; or

(b) cancel or reduce a pension granted,

to an officer to whom section 11 (1)(a), (b), (j) or (k) applies, if it be shown to the
designated officer that-
(i) the officer retired during any disciplinary proceedings brought against
him by the Government, or resigned from the service to avoid such
disciplinary proceedings; 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 Govern-
ment with a reduction of the pension benefits granted to him.

(3) A cancellation or reduction of pension 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 the reduction
shall be by such amount, not exceeding 25% of the pension, as the designated
officer shall determine.

(4) Where, under this section, a designated officer refuses to grant a
pension to a person or officer, a pension 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

(b) cancels or reduces a pension granted,

to a person other than a person who holds or who, immediately before leaving
the public service, held an office specified in section 6(2) of, or the First Schedule
to, the Public Service Commission Ordinance (Cap. 93), he shall take into
consideration the advice of the Public Service Commission.

(6) In exercising any power under subsection (2) to-

(a) refuse to grant a pension; or

(b) cancel or reduce a pension granted,

to an officer other than an officer who holds or who, immediately before leaving
the public service, held an office specified in section 6(2) of, or the First Schedule
to, the Public Service Commission Ordinance, a designated officer shall take
into consideration the advice of the Public Service Commission.
(Replaced 86 of 1988 s. 3)

Pension to cease on bankruptcy

28. (1) If any person to whom a pension has been granted is adjudicated
bankrupt or is declared insolvent by judgment of any court, subject to sub-
section (5), payment of the pension shall cease as from the date on which he
is so adjudicated.





(2) If any person is adjudicated bankrupt or declared insolvent-

(a)after retirement in circumstances in which he is eligible for pension but
before the pension is granted, any pension eventually granted to him shall
cease as from the date of adjudication or declaration, as the case may be;
or

(b)before such retirement, and he has not obtained his discharge from
bankruptcy or insolvency at the date of his retirement, a pension may be
granted to him, but, subject to subsection (5), payment on foot thereof
shall forthwith cease.

(3) Where a pension ceases under subsection (1) or (2), the Governor may, from
time to time during the remainder of the person's life, or during such shorter period
or periods, either continuous or discontinuous, as the Governor shall think fit, direct
that ex gratia payment of all or any part of the moneys to which such person would
have been entitled by way of pension had he not been adjudicated bankrupt or
declared insolvent 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 fit, and such moneys shall be paid or applied accordingly.

(4) Moneys applied for the discharge of the debts of the person whose
pension has ceased under subsection (1) or (2) shall, for the purposes of this
section, be regarded as applied for his benefit.

(5) Where, by virtue of subsection (1) or (2), payment to a person of a pension
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 shall be
restored to him as from the date on which he is so discharged.

Pension benefits may be cancelled, suspended or
reduced on conviction, etc.

29. (1) Where an officer to whom pension has been granted-

(a)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;

(b)is convicted of any offence under Part 11 of the Prevention of Bribery
Ordinance (Cap. 201), being an offence related to the person's previous
public service under the Government; or

(c)is convicted of treason under section 2 of the Crimes Ordinance (Cap.
200),

the pension may be cancelled, suspended or reduced.

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





(3) Where 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 subsection (1), the deferred pension which may be granted to him may
be cancelled, suspended or reduced, or he may not be granted a deferred pension.

(4) Subject to section 29A, the power under subsection (1), (2) or (3) to cancel,
suspend, reduce or refuse to grant pension benefits shall be exercisable by a
designated officer. (Replaced 86 of 1988 s. 4)

(5) Where, under this section, a designated officer refuses to grant a deferred
pension to a person, a deferred pension shall accordingly not be granted to that
person. (Replaced 86 of 1988 s. 4)

(6)-(8) (Repealed 86 of 1988 s. 4)

Provisions supplementary to sections 27 and 29

29A. (1) The Governor may appoint an officer in the public service to be a
designated officer for the purposes of this Ordinance and such appointment may be
made either generally or for the purpose of enabling the officer, should he think fit,
to exercise as regards a particular case specified in the appointment, any of the
powers conferred on a designated officer by this Ordinance.

(2) For the purposes of section 29(1), (2) and (3), a designated officer may
determine

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

(b)the date from which, subject to subsection (12), pension benefits shall be
cancelled, suspended or reduced; and

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

(3)(a) Before a designated officer exercises a power conferred on him by
section 27 or 29, 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 state 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 27 or 29.

(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 27 or 29
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 communication
is not so received, or where such an application is so received, it is
disallowed,

notwithstanding the absence of representations referred to in paragraph
(b), the designated officer may exercise in relation to such person a power
conferred on such officer by section 27 or 29.

(4) A designated officer shall not exercise a power conferred on him by section
27 or 29 without having had regard to the submission (if any) made to him by or on
behalf of the officer or other person concerned pursuant to this section.

(5) Where a designated officer exercises a power conferred on him by section
27 or 29, he shall forthwith notify in writing the officer or other person concemed.

(6) A person who is aggrieved by a decision of a designated officer made in the
exercise of a power under section 27 or 29 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.

(7) Where the Governor receives a petition under subsection (6), he may, by a
letter addressed to a member of 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.

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

(9) Where pension benefits are cancelled or suspended in accordance with a
determination under subsection (2), the Governor may direct that all or any part of
the moneys to which the officer or other person concerned would have been
entitled by way of pension benefits had he not been convicted and sentenced as
specified in section 29(1) or retired as specified in section 29(3) be paid or applied in
the same manner and in all respects as provided for in section 28(3), and when the
Governor so directs, the moneys to which the direction relates shall be paid or
applied in accordance with the direction.





(10) Where a person whose pension benefits have been cancelled or
suspended, or have been reduced, in accordance with a determination under
subsection (2) receives a free pardon, the pension benefits to which such person
would have been entitled had he not been convicted and sentenced as specified
in section 29(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 benefits are payable to such person and in computing the
amount thereof account shall be taken of all moneys paid or applied under
subsection (9) or, where pension benefits have been reduced, paid as reduced
pension benefits.

(11) Where a person whose pension benefits have been cancelled or
suspended, or have been reduced, in accordance with a determination under
subsection (2), has served any sentence of imprisonment imposed on conviction,
the Governor may direct that the pension benefits to which such person would
have been entitled had he not been convicted and sentenced as specified in
section 29(1) shall be restored to him as from the date on which he com-
pletes 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
benefits to which the direction relates shall be restored in accordance with the
direction.

(12) Where a designated officer exercises a power conferred on him by
section 27 or 29, 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 (6) 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. 5)

Panel

29B. (1) There shall be an advisory panel (in section 29A and this section
referred to as 'the Panel') to perform the functions conferred on it by section 29A
and this section.

(2) The Panel shall consist of 3 members of whom-

(a) 1 shall be appointed by the Governor from amongst-
(i) the judiciary; or
(ii) the members of the Bar who are not public officers; or
(iii) the members of the Solicitors' profession who are not such
officers;

(b)another shall be appointed by the Governor from amongst the justices
of the peace who are not public officers; and

(c)the remaining member shall be a person, other than a person described
in paragraph (a) or (b) or a public officer, appointed by the Governor.





(3) Where the Governor makes a requirement under section 29A(7), the
member of the Panel to whom the letter containing the requirement is addressed
shall, as soon as may be, convene a meeting of all the members of the Panel to
consider and report to the Governor on the petition to which the requirement
relates.

(4)(a) A person appointed to be a member of the Panel shall be
appointed for such period (being a period not exceeding 3 years), as
shall be specified by the Governor at the time of appointment.

(b)A member of the Panel may resign his office by letter addressed to the
Governor and the resignation shall take effect as on and from the date
of the receipt of the letter by the Governor.

(c)The Governor may remove from office any member of the Panel who
has become incapable through ill-health of effectively performing his
duties, or who has committed stated misbehaviour or whose removal
appears to the Governor to be necessary for the effective performance
by the Panel of its functions.

(5) Sections 42, 48 and 49 of the Interpretation and General Clauses
Ordinance (Cap. 1) shall not have effect as regards the Panel or its members.
(Added 86 of 1988 s. 5)

Pension may be suspended on certain post-retirement
employment

30. (1) The Governor may direct that any pension 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 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 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 shall be restored accordingly.

Pension benefits not assignable

31. (1) Save as otherwise provided by the Public Officers (Assignment of
Emoluments) Ordinance (Cap. 363), pension benefits granted to an officer shall not
be assignable 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,

and pension benefits shall not 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 pension benefits are granted owes a debt
to the Government, subject to paragraph (b), the Director of Accounting
Services may apply those benefits, 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 pension
benefits 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
benefit, exceed an amount equal to 25% of the benefit.

(3) Each of the references in this section to pension benefits shall be construed
as including a reference to any increase in the benefits which is for the time being
authorized under section 4 of the Pensions (Increase) Ordinance (Cap. 305).

(Replaced 61 of 1988 s. 7(1))

Operation of section 31

31A. Section 31, as enacted by section 7(1) of the Pension Benefits
(Miscellaneous Amendments) Ordinance 1988 (61 of 1988), shall be deemed to have
come into operation on 1 July 1987.

(61 of 1988 s. 7(2) incorporated)

Grant of short service gratuity

32. (1) If a pension cannot be granted to an officer whose service under the
Government is less than the qualifying service specified in section 11, he shall be
granted, on retirement from the public service, a short service gratuity at the
prescribed rate in respect of his service.





(2) Short service gratuity granted to an officer shall be payable to him as
soon as possible after retirement.

Governor's power to exempt or modify

33. (1) The Governor may exempt any officer and his dependants from
the application of any provisions of this Ordinance and the regulations in any
particular case, or may modify the application of any such provisions in any
such case in the manner specified by him, where in his opinion inequity results
from the application of such provisions; but any such exemption or modifica-
tion 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.

Power to amend Schedule

34. The Chief Secretary may by order published in the Gazette amend the
Schedule.

Regulations

35. (1) The Governor in Council may make regulations providing for-

(a)the grant of pension benefits to officers who are transferred to or from
service under the Government from or to other public service;

(b)the factor for the computation of pension on retirement and such
factor may apply to service before 1 July 1987;

(c) the computation of qualifying service;

(d)the service which may be taken into account as qualifying service
or pensionable service, which may include qualifying service or pen-
sionable service prior to 1 July 1987, and for deeming an increase
in pensionable service in certain circumstances;

(e)the emoluments which may be taken into account for computing
pension benefits;

the determination of highest pensionable emoluments;

(g)empowering the Secretary for the Civil Service to amend a Schedule to
the regulations containing, and containing only, a list of Scheduled
Governments within the meaning of the regulations;

(h) the better carrying out of the purpose and provisions of this Ordinance.

(2) Subject to subsection (3), whenever the Governor in Council is
satisfied that it is equitable that any regulation made under subsection (1)
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.

(3) No regulation given retrospective effect under subsection (2) shall
become operative unless it has received the prior approval of the Legislative
Council signified by resolution.





SCHEDULE [ss. 2, 10 & 341

SCHEDULED OFFICERS

Rank and File
Department Directorate Ranks Senior Ranks Grades
(1) Correctional Commissioner ofSenior Superintendent Assistant Officer 1
Services Correctional Services of Correctional

Department Deputy Commissioner Services Assistant Officer 11

of Correctional Superintendent of Instructor
Services Correctional Services(Correctional Services)
Assistant Chief Officer
Commissioner of
Correctional Principal Officer
Services Officer
General Manager Superintendent of

(Correctional Services Correctional Services

Industries) Industries

Chief Industrial
Officer
(Correctional
Services)

Principal Industrial
Officer
(Correctional
Services)

Industrial Officer
(Correctional
Services)

(2) Customs and Commissioner of Senior Superintendent Chief Customs Officer
Excise Customs and Excise of Customs and

Department Deputy Commissioner Excise Senior Customs Officer

of Customs and Superintendent of Customs Officer
Excise Customs and Excise
Assistant Assistant
Commissioner of Superintendent of
Customs and Excise Customs and Excise

Senior Inspector of
Customs and Excise

Inspector of
Customs and Excise

(3) Fire Services Director of FireSenior Divisional Principal Fireman
Department Services Officer Senior Fireman
Deputy Director of Divisional Officer
Fire Services Assistant Divisional Fireman
Chief Fire Officer OfficerPrincipal
Ambulanceman
Chief Ambulance Senior Station Officer
Officer Station OfficerSenior Ambulanceman
Deputy Chief Fire Ambulanceman
Officer Assistant Chief
Ambulance Officer






Superintendent
(Ambulance)
Senior Ambulance
Officer
Ambulance Officer





Rank and File
Department Directorate Ranks Senior Ranks Grades
(4) Immigration Director of Principal Immigration Senior Immigration
Department Immigration Officer Assistant
Deputy Director of Assistant Principal Immigration Assistant
Immigration Immigration Officer
Assistant Director of Chief Immigration
Immigration Officer
Senior Immigration
Officer
Immigration Officer
Assistant immigration
Officer

(5) Royal Hong Commissioner of Senior Superintendent Station Sergeant
Kong Police Police
Force Deputy Commissioner Superintendent Sergeant
of Police Chief InspectorConstable
Senior Assistant Senior Inspector
Commissioner of Inspector
Police
Assistant
Commissioner of
Police
Chief Superintendent

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