PUBLIC OFFICERS (ASSIGNMENT OF EMOLUMENTS) ORDINANCE

PUBLIC OFFICERS (ASSIGNMENT OF EMOLUMENTS) ORDINANCE

LAWS OF HONG KONG

PUBLIC OFFICERS (ASSIGNMENT OF

EMOLUMENTS) ORDINANCE

CHAPTER 363





CHAPTER 363

PUBLIC OFFICERS (ASSIGNMENT OF EMOLUMENTS)

To enable public officers to assign part of their emoluments in certain
circumstances, andfor incidental and related matters.

[19 December 1980.]

1. This Ordinance may be cited as the Public Officers (Assignment
of Emoluments) Ordinance.

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

,,authorized officer' means

(a) the Secretary for the Civil Service;

(b)any other public officer the Secretary for the Civil Service may
by notice in the Gazette declare to be an authorized officer for
the purposes of this Ordinance;

,,emoluments', subject to subsection (2), means

(a)in the case of an officer holding an established office, other
than an officer on probationary terms, month-to-month or
agreement terms, the salary attached to his 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;

(b)in the case of an officer holding a non-established office, or
an established office on probationary terms or month-to
month terms, the salary payable to him in his substantive
rank;

(c)any pension (other than a commuted peWion gratuity)
payable under the Pensions Ordinance or the Pension Benefits
Ordinance and

(d)any annual allowance payable under the Pensions Ordinance
to an officer holding a non-established office, or an
established office on probationary terms or month-to month
terms; (Replaced, 36 of 1987, s. 48)

,,established office', in relation to the holder of an established office,
has

(a)in case the Pensions Ordinance applies to such holder, the
meaning assigned to it by section 2 of that Ordinance;

(b) in case the Pension Benefits Ordinance so applies, the meaning
assigned to it by section 2 of that Ordinance; (Added, 36 of
1987, s. 48)





'non-established office' means an office which is not an established
office. (Added, 36 of 1987, s. 48)

(2) The Governor in Council may make regulations amending the
definition of 'emoluments' in subsection (1).

3. (1) A public officer may with the written permission of an
authorized officer assign such proportion or part of his emoluments for
such period as the authorized officer may approve.

(2) Where an assignment is made under subsection (1), it shall,
subject to section 6, be irrevocable during the period approved by an
authorized officer under that subsection.

( 3) Upon the making by a public officer of an assignment under
subsection (1), the Government may, until that assignment is revoked in
accordance with this Ordinance, deduct from the emoluments due to
the public officer the amount assigned and remit it to the assignee.

4. (1) An assignment under section 3(1) shall be in such form as
may be approved by the Secretary for the Civil Service, who shall
publish such approved form in the Gazette.

(2) Where any approved form is amended or replaced, such
amendment or new form shall be published in the Gazette.

(3) An assignment purported to be made under section 3(1) that is
not in a form approved by the Secretary for the Civil Service shall be
void.

5. (1) Subject to subsection (2), except with the written approval of
an authorized officer, no deduction or payment shall be made in
pursuance of an assignment under section 3(1) which has the effect of
reducing the amount a public officer receives in any month to below
75% of the officer's emoluments payable at the time of the making of the
assignment:

Provided that in no case shall any such deduction or payment
have the effect of reducing the amount a public officer receives in any
month to below 50% of such emoluments.

(2) In calculating the amount to be deducted under subsection (1)
there shall be disregarded any other deductions made by the
Government from the officer's emoluments.

6. (1) Notwithstanding section 3(2), an assignment made by a
public officer under section 3(1) shall be revoked

(a) by the death of the officer;

(b)by the expiration of the period of the, assignment approved
by an authorized officer under section 3(1) or the repayment
of the loan to which the assignment relates, whichever is the
sooner;





(c)by the making against the officer of an order under the
Bankruptcy Ordinance adjudging him bankrupt.

(2) Notwithstanding section 3(2), a public officer who has made an
assignment under section 3(1) may, with the written approval of an
authorized officer

(a) amend the assignment;

(b) suspend the operation of the assignment; or

(c) revoke the assignment.

(3) An authorized officer shall not give approval for the purposes
of subsection (2) until he has taken all reasonable steps to consult the
assignee and taken into account any representation made by the
assignee.

7. No action shall lie against the Government or any public officer
(not being the public officer who made an assignment under section
3(1))

(a)by any public officer or any person claiming on behalf of any
public officer in respect of any deduction or payment of his
emoluments in pursuance of an assignment made under
section 3(1) or an amended assignment under section 6(2)(a)
or in respect of the exercise of any of the powers conferred by
section 6(2);

(b)by any person for failure to make any deduction or payment
from the emoluments of any public officer in pursuance of an
assignments made under section 3(1) or an amended
assignment under section 6(2)(a) or in respect of any approval
given under section 6(2).

8. Nothing in this Ordinance nor any assignment under this
Ordinance shall prejudice any right or process of recovery of tax by the
Commissioner of Inland Revenue, nor any right of the Government to
recover any moneys or debt due to it, whether by deduction from a
public officer's emoluments or otherwise.
Originally 74 of 1980. 36 of 1987. Short title. Interpretation. (Cap. 89) (Cap. 99) (Cap. 89) (Cap. 99) Assignability of emoluments. Form of Assignment. Assignment not to reduce emoluments below certain level. Revocation of Assignments. (Cap. 6.) Government not to be liable in respect of assignments. Assignment not to prejudice tax and debts due to Government.

Originally 74 of 1980. 36 of 1987. Short title. Interpretation. (Cap. 89) (Cap. 99) (Cap. 89) (Cap. 99) Assignability of emoluments. Form of Assignment. Assignment not to reduce emoluments below certain level. Revocation of Assignments. (Cap. 6.) Government not to be liable in respect of assignments. Assignment not to prejudice tax and debts due to Government.

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