PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE

PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE

LAWS OF HONG KONG

PENSION BENEFITS (JUDICIAL OFFICERS)

ORDINANCE

CHAPTER 401





CHAPTER 401

PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE

ARRANGEMENT OF SECTIONS

Section.................................... Page
1. Short title ..........................2
2. Interpretation .......................2

3. Application ................. 5

4. Pension benefits to he of right ..................................................... 5

5. Pension benefits to be charged to general revenue 5
6. Normal retirement age ................5
7. Circumstances in which pension may be granted 6
Time of pension payments .............7
9. Application regarding previous pensionable service 7
10. Option of person already retired .....8

11. Deemed application/option ........... 8

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

appointment ................................................................ 9

13. Compensation scheme ..................9
14. Grant of pension on retirement on account of injuries

15. Grant of additional pension on account of injuries 9

16. Minimum medical pension .............10

17.Grant of additional pension on abolition of office or compulsory retirement 10

18. Grant of pension benefits in respect of service while on abnormal duty 10

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

service ............................11

20. Dependant pension ................................................... 11
21. Death gratuity ....................... 14

22. Maximum pension .....................16

23. Pensionable emoluments .................................................................................... 17

24. Computation and grant of pension benefits 18
25. Deemed increase in pensionable service 19

26. Commuted pension gratuity and reduced pension ............................... 19

27. Husband entitled to pension benefits only if dependent 20
28. Suspension of pension on re-appointment to the service 20
29. Power not to grant, or to cancel or reduce pension 20
30. Pension to cease on bankruptcy ......21

31.Pension benefits may be cancelled, suspended or reduced on conviction, etc. 22

32. Representations to designated officer .......
..........................................22

33. Petition to Governor ................23






34. Pension may be suspended on certain post-retirement employment 24

35. Pension benefits not assignable ............................................. 25
36. Grant of short service gratuity ...... 26

37. Governor's power to exempt or modify 26

38. Regulations....................................................................................................................
..........................................26





CHAPTER 401
PENSION BENEFITS (JUDICIAL OFFICERS)
To provide for the granting of pension benefits to judicial officers.
[23 December 1988] L.N. 349/88

Originally 85 of 1988

Short title
1 This Ordinance may be cited as the Pension Benefits (Judicial Officers)

Ordinance.

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

'additional pension' means an additional pension granted under section 15 or
17;
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 that is not an
adopted child of the officer unless its mother was, at the time of its birth,
the officer's wife;

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

in section 26(1);
compensation scheme' means a compensation scheme approved under sec-

tion 13;

'death gratuity' means a death gratuity payable under section 21;

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

which is deferred under section 8(1)(a);

'dependant pension' means a pension granted under section 20 to a dependant

of a deceased officer;

'designated officer' means an officer appointed under section 32(1);

,,established office' has the same meaning as in the Pension Benefits Ordinance

(Cap. 99);

'highest pensionable emoluments' means the highest annual pensionable

emoluments determined in accordance with the regulations;





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

'normal retirement age' means the retirement age specified in section 6;

'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 earlier date he attains his retirement age or the date of his
death;

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

,,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;

'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;

'pensionable emoluments' means

(a) in respect of service of an officer under the Government, the emolu-
ments specified in section 23(a), (b), (c) or (d), 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 23(e);

'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;

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

'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 under the government
of 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 22, service in respect of which a pension may be granted under
the Governors' 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;

'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 26(1);

'the regulations' means regulations made under this Ordinance;

'retirement' means retirement from the public service;

'salary' means the substantive salary attached to any established or
nonestablished office in the service;

'short service gratuity- means a short service gratuity granted to an officer under
section 36;

'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;

(b)where there is no such wife and the officer is C 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 a person has
been confirmed in an established office and is afterward appointed to another
established office, then, unless the terms of the appointment otherwise require, the
last mentioned office is, for the purposes of this Ordinance, an office in which he
has been confirmed.

Application

3. (1) Subject to an exemption under section 37, this Ordinance only applies to--

(a)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, on terms which attract pension benefits under this
Ordinance;

(b) an officer whose application under section 9 is approved;

(c) a person who has exercised an option under section 10; and

(d)an officer or person who, under section 11, is deemed to have applied
under section 9 or exercised an option under section 10.

(2) A person shall not derive any pension, gratuity or other allowance under
the Pensions Ordinance (Cap. 89) and pension benefits under the Pension Benefits
Ordinance (Cap. 99) and this Ordinance in respect of the same period of service.

Pension benefits to be of right

4. Except as otherwise provided in this Ordinance, the entitlement to pension
benefits is a right.

Pension benefits to be charged to general revenue

5. There shall be charged on and paid out of the general revenue all money
that is from time to time granted by way of pension benefits.

Normal retirement age

6. (1) The normal retirement age of-

(a)a judge of the Supreme Court or District Court is the retiring age specified
in Article XVIA(2)(a) of the Letters Patent (App. 1, p. Cl);

(b)a Registrar or Deputy Registrar of the Supreme Court is when he attains
the age of 65 years; or

(c)an officer not referred to in paragraph (a) or (b) is when he attains the age
of 60 years.

(2) Subject to subsections (3) and (4), an officer, other than one referred to in
subsection (1)(a), shall not continue in service after his normal retirement age.

(3) The Governor may approve the continued service of an officer, other than
one referred to in subsection (1)(a), for an aggregate of 5 years plus accrued

leave after he attains his normal retirement age.





(4) An officer may continue in office for as long as necessary to enable him to
deliver judgment or to do any other thing in relation to proceedings that were
commenced before his normal retirement age or before the end of continued service
approved under subsection (3).

(5) Where, after his normal retirement age, an officer continue's in service
under subsection (3) or (4) or under Article XVIA(1) or (2) of the Letters Patent, the
continued service shall be considered pensionable service.

Circumstances in which pension may he granted

7. (1) Except as provided in this Ordinance, a pension shall be granted in
respect of an officer's pensionable service
(a)subject to section 29(2), on his retirement on or after attaining his normal
retirement age, and after completion of qualifying service of not less than

(i) 10 years in the case of an officer appointed before h is attaining the
age of 50 years; and

(ii) 5. years in the case of an officer appointed on or after his attaining
the age of 50 years;

(b) on his voluntary early retirement after completion of qualifying
service of not less than the relevant period specified in paragraph (a)
(i) in the case of an officer appointed before 1 July 1987, on or after his
attaining the age of 55 years; and

(ii). in the case of an officer appointed on or after 1 July 1987, on or
after his attaining the age of 60 years;

(c) in a case where he is transferred 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 was 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 was last
employed to retire on pension or gratuity, but this subparagraph does not
apply in the case of a female judicial officer who retires because she has
or is about to be married;

(d) for an officer other than a judge of the Supreme Court or District Court, on
his retirement on the abolition of. his office, and after completion of
qualifying service of not less than 2 years;

(e)in the case of a judge of the Supreme Court or District Court, on
retirement after removal from office under Article XVIA of the Letters
Patent (App. 1, p. Cl), whether or not he has completed, qualifying service
of not less than the relevant period specified in paragraph (a);

in the case of an officer other than a judge of the Supreme Court or
District Court and subject to section 31(1)(a), on his retirement in
the public interest or on his compulsory retirement in exercise of
disciplinary powers of punishment by the Governor, whether or not
he has completed qualifying service of not less than the relevant
period specified in paragraph (a);





(9)for, an officer other than a judge. of the Supreme Court or District Court,
on his compulsory retirement for the purpose of facilitating improvement
in the organization of the judiciary, by which greater efficiency or
economy may be effected, and after completion of qualifying service of
not less than 2 years;

(h)on his retirement on medical evidence that satisfies the Governor that the
officer is incapable by reason of an infirmity of mind or body of
discharging the duties of his office and that the infirmity is likely to be
permanent;

(i)on his retirement in accordance with a compensation scheme, whether or
not he has completed qualifying service of not less than the relevant
period specified in paragraph (a);

(j)subject to section 29(2), on his resignation from the judiciary, with the
approval of the Chief Justice, after completion of qualifying service of not
less than 10 years; or

(k)on his retirement on or after attaining the maximum pension specified in
section 22.

(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), (b) or (k), or resignation under
subsection (1)(j), shall take place after the officer has served a period of service,
which may be specified by the Chief Justice, after the officer has notified the Chief
Justice of his intention to retire or resign.

Time of pension payments

8. (1) Subject to section 28, commencement of pension payments to an officer
shall

(a) in case he is an officer to whom section 7(1)(e), (f) or (j) applies-

(i) where he is an officer appointed before 1 July 1987, be deferred until
he attains the age of 55 years; or

(ii) where he is an officer appointed on or after 1 July 1987, be deferred
until he attains the age of 60 years,
or, where the Governor so directs, be deferred until a date earlier than
referred to in subparagraph (i) or (ii), as specified in the direction;

(b)where the pension is granted under a compensation scheme, be on the
retirement of the officer under section 7(1)(i) as prescribed in the
compensation scheme; and

(c)in any other case, be as soon as possible after the retirement of the
officer.

(2) A pension shall be paid monthly or less frequently if so requested by the
recipient.

Application, regarding previous pensionable. service

9. (1) In subsections (2) to (9), 'officer' means an officer who is subject to the
Pensions Ordinance (Cap. 89).





(2) An officer may apply to the Chief Justice under a Circular to be issued
under this section by the Chief Justice, to have all of his service attracting pension
under the Pensions Ordinance to be taken into account as pensionable service
under this Ordinance.

(3) Within 3 months after receiving an application under subsection (2), the
Chief Justice may, having regard to the circumstances of the particular case, reject
the application if he considers that approval of the application would prejudice the
interests of the judicial service.

(4) Unless rejected by the Chief Justice under subsection (3), an application
under subsection (2) shall be deemed to be approved.

(5). Where the Chief Justice rejects an application he shall inform the officer in
writing of the rejection and the reasons for it.

(6) An officer whose application is rejected may, within 30 days after the
notification to him of the rejection, or a* longer period that the he Governor may
permit, petition the Governor against the rejection and the Governor may either
confirm the rejection or approve the application.

(7) An officer in respect of whom 90% only of his substantive salary is taken
as a pensionable emolument, under the Pensions Ordinance may apply, at the same
time as he applies under subsection (2) under the Circular referred to in subsection
(2), that 100% of his substantive salary shall be taken into account as a pensionable
emolument under this Ordinance.

(8) An application under subsection (7) shall be deemed to be approved if the
application under subsection (2) is approved and shall be deemed to be rejected if
the application under subsection (2) is rejected.

(9) An application approved under this section is irrevocable. vocable.

(10) A person who, before becoming an officer on transfer from the public
service, was subject to the Pension Benefits Ordinance (Cap. 99) shall have all of his
service attracting pension under that Ordinance taken into account as pensionable
service under this Ordinance.

Option of person already retired

10. (1) A person who was an officer immediately before his retirement on or
after 1 July 1987 under the Pensions Ordinance (Cap. 89) may at his option, to be
exercised under a Circular to be issued under this section by the Chief Justice,
require that all of his service attracting pension under that Ordinance shall be taken
into account as pensionable service under this Ordinance.

(2) A person who exercises an option under this section shall be deemed to
have retired under this Ordinance.

(3) An option exercised under this section is irrevocable.

Deemed applicationloption

11. (1) An officer who was eligible to apply under section 9(2) but who died on
or after 1 July 1987 and before the expirty of the period within which he may have
applied under the Circular, shall be deemed to have so applied and his application
shall be deemed to be approved..



(2) A person who was eligible to exercise an option under section 10 but who
died on or after 1 July 1987 and before the expiry of the period within which he
could have exercised it under the Circular, shall be deemed to have exercised that
option if the beneficiary of the pension agrees.

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

12. A person who is eligible for, or was granted, a pension under this
Ordinance or the Pension Benefits Ordinance (Cap. 99) 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 the re-
appointment.

Compensation scheme

13. For the purposes of section 7(1)(i) the Governor in Council may approve a
compensation scheme which

(a) shall apply to officers 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 related matters, other than in accordance 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 pensionable service, if his retirement is thereby necessitated or materially
accelerated, notwithstanding that he has completed qualifying service of less than
the relevant period specified in section 7(1)(a).

(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 a person
other than the Government, the Government may take proceedings against that
person to recover an amount not exceeding the amount of the additional pension
multiplied by 14.

(3) Subsection (1) does 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).

Minimum medical pension

16. An officer referred to in section 7(1)(h) is entitled to a minimum pension
based on 25% of his highest pensionable emoluments.

Grant of additional pension on abolition
of office or compulsory retirement

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

(a) who retires under section 7(1)(d) on abolition of his office; or

(b) on his compulsory retirement under section 7(1)(g).

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

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

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

and is injured in circumstances in which a pension, gratuity or other award is
grantable in respect of that service, a pension, gratuity or other award may at the
option of the officer be granted

(i)under section 15, unless section 15(3) applies, in like manner as if his
service had been public service under the Government and as if he had
been injured in the like circumstances while in service; or





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

(2) Where an officer is serving-

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

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

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

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

and is killed in circumstances in which a pension, gratuity or other award is
grantable in respect of that service, the Director of Accounting Services shall
direct that his beneficiaries shall be granted a pension, gratuity or other award-
(i) under section 20, unless section 20(9) applies, in like manner as if his
service had been public service under the Government and as if he 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,

whichever the Director considers is most beneficial to the beneficiaries as a
whole.

(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
subsections (1) and (2) 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

19. 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 an ex gratia payment to the officer
in an amount that he thinks just and proper.

Dependant pension

20. (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, while
the spouse remains unmarried, at a rate of one-sixth of the officer's
annual pensionable emoluments at the date of the injury; but the
Governor may grant a dependant pension under this paragraph at a rate
not exceeding one - fourth of those 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 of 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 determined under
paragraph (ii) as if the officer had left a spouse;

(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);

(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); or

(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, in
the Governor's opinion, without adequate means of support, of an amount
not exceeding the dependant pension which could have been granted to
the spouse under paragraph (i).

(2) A dependant pension is payable as soon as possible after the death of the
officer and shall be paid monthly or less frequently if so requested by the recipient.

(3) A dependant pension-

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

(b) when granted under subsection (1) ceases-

(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 a date the
Governor may determine if it appears to him at any time that the mother is
adequately provided with other means of support; and

(iii) in the case of the deceased officer's father, as from a date 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 ceases-

(a) in the case of a male child, on the earlier of-

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

(ii) the time at which he has since attaining the age of 18 years ceased
to receive continuous full-time education; but 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) his attaining the age of 23 years; and

(b) in the case of a female child, on the earlier of-

(i) her marriage;

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

(iii) the time at which she has since attaining the age of 21 years ceased
to' receive continuous full-time education; but 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) her attaining the age of 23 years.

(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 a university, college,
school or other educational establishment recognized by the Director of
Education; and

(b) a child on no 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 its form 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 the officer first married; but where a wife eligible for a
dependant pension under this section ceases to be so eligible and at the
same time of the cessation the officer was lawfully married as mentioned
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 the
cessation and simultaneously to have married the woman who at that time
was his wife and whom he married first after his marriage to the wife who
has ceased to be eligible;





(b)'child' (without prejudice to the definition of 'child' in section 2) means

(i) a child of a female officer and, in the case of a child of a male officer,
a 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 on 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 does not apply in the case of the death of an 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 either of those Ordinances in
respect of that death.

Death gratuity

21. (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 the greater of

(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 exercised an option for reduction of his
pension by 50% under section 26(1).

(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 the greater of
(a) his annual pensionable emoluments; or





(b)the commuted pension gratuity which he would have received had he
exercised an option on his retirement for reduction of his pension by 50%
under section 26(1),

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 a 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 under section 7(1)(e) or (f), or his resignation under section
7(1)(j), as the case may be, and exercised an option for reduction of his
pension by 50% under section 26(1), plus any authorized increase; or

(b)dies after a 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 exercised an option for reduction of
his pension by 50% under section 26(1) plus any authorized increase on it
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 on it 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 1/2 years; or


(b) more than 22 1/2 years but whose pensionable service is less than 22 1/2
years,

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

(i)twice the period of pensionable service, including any deemed increase
under section 25, that would have been taken into account for the
computation of his pension benefits had he retired on the day he died
(subject to a maximum of 22 1/2 years); or

(ii) the period of pensionable service, including any deemed increase under
section 25, that would have been taken into account for the computation
of his pension benefits had he retired on reaching the normal retirement
age.

(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 Government,
irrespective of the length of qualifying service completed during the 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 shall not exceed the lesser of





(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,

and an officer an officer who has been granted a deemed increase of pensionable
service under regulation 18 of the Pension Benefits Regulations (Cap. 99, sub. leg.)
or regulation 19A or 26(9) of the Pensions Regulations (Cap. 89, sub. leg.), or both
of those regulations, in respect of his previous period of service shall only be
eligible for a further deemed increase of pensionable service under this section for
any subsequent period of service to the extent that the total of these deemed
increases of pensionable service does not exceed the maximum deemed increase of
pensionable service specified in subsection (6).

(9) In respect of an officer who has more than one period of continuous
pensionable service, there shall be paid a death gratuity in respect of each period of
continuous pensionable service under this section; but the total sum of the death
gratuities payable in respect of more than one period of continuous pensionable
service shall not exceed the sum of the death gratuity that would have been payable
had the officer's whole period of pensionable 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 benefits already paid or payable to him but excluding any additional
pension granted under section 15(1).

(10) A 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 is
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 an amount determined by the
Governor, a person named by the Governor to be the recipient.

(11) This section does 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

22. (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) and the Pension Benefits
Ordinance (Cap. 99)) granted to an officer shall not exceed two-thirds of the greater
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.





(2) An additional pension granted to an officer under section 15(1) of this
Ordinance or of the Pension Benefits Ordinance, or an 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); but,
where the officer is granted any or all of those additional pensions, the amount of
each of them 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 the
greater 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.

(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 the greater 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,

but where an officer is granted in respect of a period of his service under the
Government or in other public service both a gratuity and a pension, the amount of
the 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.

Pensionable emoluments

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

(a)in the case of an officer to whom section 3(1)(b), (c) or (d) applies (where
100% of his substantive salary and personal allowance was to be taken as
pensionable emoluments under the Pensions Ordinance (Cap. 89) or the
Pension Benefits Ordinance (Cap. 99)), and in the case of an officer to
whom section 3(1)(a) applies, 100% of his salary and personal allowance
shall be taken as his pensionable emoluments, but not any other
emoluments;

(b)in the case of an officer to whom section 3(1)(b) applies and whose
application under section 9(7) is approved





(i) in respect of his service prior to the material date-
(A) 90% of his salary; and
(B) 100% of his personal allowance,

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

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

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 Chief Justice,

(c) in the case of an officer to whom section 3(1)(b) applies (other than an
officer in respect of whom 100% of his substantive salary and personal
allowance was to be taken as pensionable emoluments under the
Pensions Ordinance or the Pension Benefits Ordinance) and who has not
applied under section 9(7) or whose application under section 9(7) is
rejected

(i) 90% of his salary; and

(ii) 100% of his personal allowance,

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

(d) in the case of an officer to whom section 3(1)(c) or (d) applies (other than
an officer in respect of whom 100% of his substantive salary and personal
allowance was to be taken as pensionable emoluments under the
Pensions Ordinance or the Pension Benefits Ordinance)

(i) 90% of his salary; and

(ii) 100% of his personal allowance,

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

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

Computation and grant of pension benefits

24. (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 the officer which are in force at the date of his
retirement, 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 22, a separate pension shall be computed and granted in
respect of each period of continuous service. of an officer in the public service.





Deemed increase in pensionable service

25. An officer's pensionable service shall be deemed to be increased by one
month for each completed month of pensionable service in a judicial office that is
both after age 50 and after 1 July 1987.

Commuted pension gratuity and reduced pension

26. (1) Subject to subsections (5) and (8), an officer to whom a 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 that
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
the officer's retirement or, in the case of a deferred pension, not later than the date
immediately preceding the date on which the officer attains the age when the
deferred pension is payable under section 8(1)(a)-, but 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) Except as may be provided under subsection (2), an option exercised under
that subsection is 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) Subject to subsections (7) and (8), a commuted pension gratuity is payable-

(a) in case the relevant pension is a deferred pension, when that pension is
payable under section 8 for the first time;

(b)in case a direction is given by the Governor under section 7(2) in relation
to the relevant pension, when that pension would be payable for the first
time if it were a deferred pension;

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





(7) Where the Governor directs that a particular commuted pension gratuity
shall be payable on a date that is earlier than the day on which the gratuity would
otherwise be payable under subsection (6), that commuted pension gratuity is
payable on the specified date.

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

Husband entitled to pension benefits only if dependent

27. No pension benefits shall accrue to a husband of a female officer under
section 20(1)(i) or 30(3), nor shall he be a beneficiary under section 18(2), unless
evidence to the satisfaction of the Chief Justice is produced to show that he is
wholly or mainly dependent on 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

28. (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) is 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

29. (1) After taking into consideration the advice of the Judicial Service
Commission, and subject to section 32, a designated officer may

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

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

(2) After taking into consideration the advice of the Judicial Service
Commission and subject to section 32, a designated officer may

(a) refuse to grant a pension; or

(b) cancel or reduce a pension granted,

to an officer to whom section 7(1)(a), (b), (k) or (j) applies, if it is shown to the
designated officer that





(i)the officer retired during any disciplinary proceedings brought against
him, or resigned from the service to avoid disciplinary proceedings; and

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

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

(4) Where a designated officer refuses to grant a pension to a person or officer,
a pension shall not be granted to the person or officer.

Pension to cease on bankruptcy

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

(2) If a 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 his 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 of the pension
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 thinks fit,
direct that ex gratia payment of all or any part of the money to which the 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, the
person and any spouse, child or children of the person, or other of his dependants
that the Governor may determine, in proportions and manner that the Governor
thinks fit, and the money shall be paid or applied accordingly.

(4) Money 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 he cancelled suspended or
reduced on conviction, etc.

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

(a)is convicted of an offence in connection with public service under the
Government, and that offence 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 an offence under Part 11 of the Prevention of Bribery
Ordinance (Cap. 201), and that offence is 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 as
specified in subsection (1), and sentenced, 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 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 pot be granted a deferred pension.

(4) For the purposes of subsections (1), (2) and (3), a designated officer may,
subject to section 32, 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 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.

Representations to designated officer

32. (1) The Governor may appoint an officer to be a designated officer for the
purposes of this Ordinance and the 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) Before a designated officer exercises a power conferred on him by section
29 or 31, 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 it is being considered.

(3) The communication 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 a longer period that 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 29 or 31.

4) A person to whom the communication is addressed shall notify in writing
the designated officer of his intention to make representations.

(5) The officer or other person to whom the communication is addressed shall,
within the period specified in the communication (or a longer period that 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 29 or 31
should not be exercised in relation to him.

(6) Where-
(a) a communication referred to in subsection (2) is issued;

(b) the period specified in the communication has expired;

(c)a notification referred to in subsection (4) is not received by the
designated officer from the person to whom the communication is
addressed; and

(d)an application to extend the period specified in the communication is not
received, or where an application to extend is received but is disallowed,

notwithstanding the absence of representations referred to in subsection (3), the
designated officer may exercise in relation to the person a power conferred on the
designated officer by section 29 or 31.

(7) A designated officer shall not exercise a power conferred on him by section
29 or 31 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.

(8) Where a designated officer exercises a power conferred on him by section
29 or 31, he shall forthwith notify in writing the officer or other person concerned.

Petition to Governor

33. (1) A person who is aggrieved by a decision of a designated officer made in
the exercise of a power under section 29 or 31 may, within the period of 30 days
beginning on the date of the notification of the decision, or a longer period that the
Governor may permit, petition the Governor against the decision.

(2) Where the Governor receives a petition under subsection (1), he may, by a
letter addressed to a member of the Panel established by section 29B of the Pension
Benefits Ordinance (Cap. 99), require the Panel to consider and report to him on the
petition, and where the Governor does so

(a) the Panel shall comply with the requirement; and

(b)before he determine's the petition, the Governor shall have regard to the
report of the Panel.





(3) In determining a petition under subsection (2) the Governor may, as he
thinks fit, confirm, vary or reverse the decision to which the petition relates.

(4) Where pension benefits are cancelled or suspended in accordance with
section 3 1, the Governor may direct that all or any part of the money to which the
officer or other person Concerned would have been entitled by way of pension
benefits had he not been convicted or retired be paid or applied in the same manner
and in all respects as provided for in section 30(3), and when the Governor so
directs, the money to which the direction relates shall be. paid or applied in
accordance with the direction.

(5) Where a person whose pension benefits have been cancelled, suspended
or reduced, in accordance with section 3 1, receives a free pardon, the pension
benefits to which he would have been entitled had he not been convicted shall be
restored to him with retrospective effect as from the date of cancellation,
suspension or reduction; but in determining whether any arrears of the pension
benefits are payable to him and in computing the amount of the benefits account
shall be taken of all money paid or applied under subsection (4) or, where pension
benefits have been reduced, paid as reduced pension benefits.

(6) Where a person whose pension benefits have been cancelled, suspended or
reduced, in accordance with section 31, has served a sentence of imprisonment
imposed on conviction, the Governor may direct that the pension benefits to which
he would have been entitled had he not been convicted 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 benefits to which the direction relates shall be restored in
accordance with the. direction.

(7) Where a designated officer exercises a power conferred on him by section
29 or 31, 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 (1), until the time for
bringing the petition has expired; or

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

Pension may be suspended on certain
post-retirement employment

34. (1) The Governor may direct that a pension granted to a person shall be
suspended as from a date the Governor shall specify if the 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 the business or the business of the partnership or company
or of his employment is, in the opinion of the Governor, carried on in, Hong Kong,
and the Chief. Justice shall forthwith notify in writing the person concerned of the
direction.

(2) The Governor may specify. a period of more than 2 years for the -purposes
of subsection (1) where he thinks fit, and the Chief Justice shall forthwith notify in
writing the person concerned of the specified period.

(3) A person who is aggrieved by a direction under subsection (1) or a
specification under subsection (2) may, within 30 days after the notification to him
of the direction or specification or a longer period that 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 cessation of the engagement or any later date the Governor may specify, and the
pension shall be restored accordingly.

Pension benefits not assignable

35. (1) Except as otherwise provided by the Public Officers (Assignment of
Emoluments) Ordinance (Cap. 363), pension benefits granted to an officer are not
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 a court for the payment of money towards the
maintenance of the spouse or former spouse or minor child of the officer,

and pension benefits are not liable to be attached, sequestered or levied on for or in
respect of any claim or debt other than a debt due to the Government.*

(2) Where a person to whom pension benefits are granted owes a debt to the
Government, subject to subsection (3), the Director of Accounting Services may
apply those benefits, either in whole or in part, for the satisfaction or partial
satisfaction of the debt.

(3) Where-

(a)a person owes a debt to the Government arising otherwise than on
account of tax payable under the Inland Revenue Ordinance (Cap. 112);
and

(b)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 under subsection (2),

the amount applied in satisfaction on of the debt shall not, as regards a particular
pension benefit, exceed 25% of the pension benefit.

(4) In this section 'pension benefits' includes an increase in the benefits
under section -4 of the Pensions (Increase) Ordinance (Cap. 305).





Grant of short service gratuity

36. (1) If a pension cannot be granted to an officer whose service under
the Government is less than the qualifying service specified in section 7 or 12, 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 is payable to him as soon as
possible after retirement.

Governor's power to exempt or modify

37. (1) The Governor may exempt an officer and his dependants from the
application of any provision of this Ordinance and the regulations in any particular
case, or may modify the application of any provision in any such case in the manner
specified by him, where in his opinion inequity results from' the application of the
provision; but an 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 shall be made under subsection (1) unless a
draft of it has been laid before and approved by resolution of the Legislative
Council, and section 34 of the Interpretation and General Clauses Ordinance (Cap.
1) does not apply in relation to the exemption or modification.

Regulations

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

(a) the grant of pension benefits to persons 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 and pensionable service;

(d)the service which may be taken into account as qualifying service or
pensionable service, which may include qualifying service or pensionable
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;

(f) the determination of highest pensionable emoluments; and

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

(2) Subject to subsection (3), where 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, the Governor in Council may by notice in the Gazette
declare that the regulation has retrospective effect for that purpose.

(3) No declaration shall be made under subsection (2) unless a draft of it has
been laid before and approved by resolution of the Legislative Council, and section
34 of. the Interpretation and General Clauses Ordinance(Cap. 1) does not apply in
relation to the declaration.
L.N. 349/88

L.N. 349/88

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