WINDOWS' AND ORPHANS' PENSION FUND ORDINANCE, 1900
Title
WINDOWS' AND ORPHANS' PENSION FUND ORDINANCE, 1900
Description
ORDINANDE No. 3 OF 1900.
Widows' and Orphans' Pension Fund
AN ORDINANCE to consolidate and amend the Law providing
for the Grant of Pension to the Widows and Orphans of
deceased Public Officers.
[1st June,1900.]
BE it enacted by the Governor of Hongkong,with the advice and
consent of the Legislative Council thereof,as follows:-
1.This Ordinance may be cited as the Widows' and Orphans' Pension
Fund Ordinance,1900.
2.In this Oridnance,unless the context otherwise requires,-
'Public officer' means a person permanently employed in the
service of the Government or a member of the Police Force of the
rank of sergeant or of higher rank,but does not include any such
person whose salary is less than two hundred and forty dollars per
annum:
'Salary' means the salary of the officer's substantive appointment
or appointments,including allowance for house or chair:
'The Treasurer' means the officer holding the office of Treasurer
of the Colony:
'The Crown Agents' mean the Crown Agents for the Colonies in
London:
'Directors' mean the directors of the Fund,appointed under this
Ordinance:
'Orphan' means the child of a deceased public pfficer by his wife,
born after marriage:
'Pension' means any pension granted under this Oridnance,
except where the context implies that the pension of the contributor
himself is referred to:
'Pensioner' means any person entitled to a pension under this
Oridnance,except where the context implies that the contributor
himself is referred to:
'The Fund' means all money raised under this Oridnance or the
Oridnances repealed by the same,whether by contributors,fines,
interest,loan,or otherwise:
'Widow' means the wife of a deceased public officer:
'Wife' means the lawful wife of any public officer of the Christians
or Juwish religion,or,in the case of Chinese,the Kit Fat or The
Fong,or,in the case of any other Asiatic nation,the principal wife, 3.The Fund shall be called'The Widows' and Orphans' Fund' and
shall be raised as hereinafter directed.
4.All public officers or pensioners who have hitherto contributed to
the Fund shall continue to do so.
5.All moneys belonging to the Fund,whether arising from past or
future contributions,fines,interest,or otherwise,shall be invested with
the Government of the COlony,and shall bear interest payable by the
said Government during the continuance of the fund,at the rate of six
per sentum per annum free from any deduction,and such interest shall
be made up on the thirty-first day of December in each year,and shall
be calculated upon the mean monthly balance standing in the hands
of the Treasurer to the credit of the fund during the course of the
year.
6.-(1.)For the due and proper management of the Fund the Gover-
nor,with the advice of the Executive Council,shall appoint any number
of public officers,not exceeding five,as directors thereof.
(2.)It shall be lawful for the Governor,with the advice of the Exe-
cutive Council,to cancel and annul and appointment of any person ap-
pointed to be a director,and,on notification thereof in The Gazette,such
person shall cause to be a director and to have and exercise the powers
of a director.
(3.)In the event of the death of a director,or in the event of the
adsence from the Colony of a director,or in the event of the cancellation
and annulment of the appointment of any director,the Governor,with
the advice of the Executive Council,shall appoint a public officer to be
a director in place of the director who has dired,or is absent from the
Oclony,or whose appointment has been cancelled or annulled,and such
person so appointed shall have and exercise all the powers and duties
conferred and imposed upon a director by this Ordinance.
(4.)The directors shall superintend and direct the management and
administration of the Fund,and shall see that the laws and regulations
relating thereto are duly fulfilled.
(5.)It shall be the duty of the directors annually,on or before the
thirty-first day of January,to prepare a statement and account of the
Fund for the year ending the thirty-first day of Demcember preceding,
and such statement and account shall be laid before the Governor and the
Legislative Council.
(6.)The Governor may from time to time appoint such officer or
officers as he may consider fit and necessary for carrying out the pro-
visions of this Ordinance,and all persons so appointed shall hold office
during the pleasure of the Governor. (7.)At every meeting of the directors the senior public present
shall preside.Every question shal be decided by the votes of the ma-
jority of those directors present at the meeting:Provided that,if the
votes are equally divided,the chairman shall have a casting vote in
addition to his vote as director.There shall be no meeting at which
there are not at least three directors present and voting.
7.A sum not exceeding five per centum of the annual contributors
to the Fund shall be paid by the Treasurer to the directors for the pur-
pose of defraying all expenses connected with the management and ad-
ministration of the fund:Provided that no payment shall be made to
any director as salary or remuneration for his own services without the
consent and approval of the Governor,with the advice of the Executive
Council:Provided,also,that if in any year any exceptional manage-
ment and administration expenses arise,it shall be lawful to have re-
course to any unexpended balamce of such five per centum in any
previous years subsequent to the last valuation.
8.The directors may frame rules and regulations,not being inconsis-
tent with the provisions of this Ordinance,for the proper carrying out of
the provisions thereof,and such rules and regulations,when approved by
the Governor,with the advice of the Executive Council,and published
in The Gazette,shall ve valid and binding upon all persons.
9.-(1.)From and after the commencement of this Ordinance,subject
to the provisions of section 35,a monthly abatement of four per centum
shall be made from the salary or pension,as the case may be,of every
existing contributor to the Fund,and of every public officer hereafter
appointed,and of every member of the Police Force who has attained or
may hereafter attaun the rank of sergeant or any higher rank.
(2.)The abatement of four per centum from the salaries and pensions
of public officers shall be made by the Treasurer,or,in case of payments
made by the Crown Agents,by the Crown Agents,on each occasion of
payment of salary or pension,and shall be placed to the credit of the
Fund:Provided that,in the latter case,such abatement of four per cen-
tum shall be calculated and made in dollars by the Crown Agents
on the full salary in dollars payable to such public officer when employed
in the Colony or on the pension in dollars payable to sch public officer
if resident in the Colony,and such public officer shall be entitled to re-
ceive from the Crown Agents the equivalent in sterling of the balance
in dollars of such salary or pension,calculated at the rate at which such
public officer is entitled to receive such salary or pension in England;
and,in the case of a public entitled only to a half of scuh full
salary,such public officer shall be entitled to receive from the Crown Agents the equivalent in sterling,calculated in manner aforesaid,of the
balance in dollars of the half of such full salary,after the abatement of
four per centum has been calculated on such full salary in dollars and
made on the half of such full salary in dollars.
(3.)In the event of such abatement not being made,every public
officer shall pay to the Trasurer or Crown Agents,within fifteen days
after the receipt by him of his salary or pension,a sum equal to four
per centum upon his monthly salary or pension,or,in the event of any
public officer being on leave without salary,such public officer shall pay,
before the fifteenth day of each and every month during the continuance
of such leave,to the Treasurer or Crown Agents a sum equal to four
per centum upon the full salary which he would have received monthly
if he had not been on leave.All sums due under the provisions of
this sub-section,and the arrears of any contribution due and payable
under the provisions of the Widows' and Orphans' Pensions Ordinance,
1890,shall be taken to be a debt due to the Fund by the public officer,
and shall be payable to the Trasurer or Crown Agents,together with
interest thereon at six per centum per annum,forthwith or by such in-
instalments as the directors may determine.The Treasurer or Crown
Agents shall,on the written order of the directors or of any two of them,
deduct from any moneys which may be or may become due or payable
to the public officer by whom such debt is payable the whole or any
part of such debt.
10.The abatement of four per centum per annum from the salary or
pension of a public officer shall continue to be made until such public
officer has either attained the age of sixty-five years or has been subject tp
and shasll thereupon cease and determine.
11.A public officer who from any cayse whatever ceases to belong to
the public service and retires on a pension shall not be called upon to
make any further contribution to the Fund beyond a monthly abatement
from his pension of four per centum on such pension,to commence from
the date of his retirement until he attains sixty-five years of age or has
been subject to abatement for thirty-five yaers,when such abatement shall
cease:Provided that,in the event of such public officer having no wife,
or make child below the age of eighteen years,or female child unmarried
and below the age of twenty-one years,at any time intimating his in-
tention to the directors not to contirbute further,he shall not be required
to contribute further,and he shall be condsidered as having ceased to have
any interest in the Fund and shall have no claim thereon.
12.-(1.)Whenevr the salary of a public officer becomes reducted by
abatement of his emoluments or by retirement on pension,such public officer may elect to continue to contribute upon the higher salary which
he was receiving previous to such reduction,and subject to the same
terms and conditions as if he had continued to draw the higher salary.
(2.)If such public officer does not elect so to continue to contribute
upon the higher salary,and contributes on the lower salary or pension,
any pension to his widow or children shall be diminished by the same
amount as it would have been increased had such public officer's salary
been increased and not diminished.
13.-(1.)A public officer who retires from the public service,or who is
deprived of the office in respect of which he contributed to the Fund,but
who is not granted a pension,may continue to contribute,from the date
of his so retiring or being deprived of his office,on the salary which he
was receiving at the date of such retirement or deprivation,at the same
rate and subject to the same terms and conditions as if he had continued
in the public service and continued to receive the salary which he was
receiving at the date of such retirement or deprivation.
(2.)In the event of his ceasing to contribute or in the event of any
contributions due from him not having been paid for six months,his
widow or his widow and children,as the case may be,shall be entitled
on the death of such public officer only to a pension computed on the
basis of the interest acquired by such contributor in the Fund at the date
of his ceasing to contribute,in accordance with the tables hereinafter
referred to.
14.-(1.)A public officer other than a bachelor who has been trans-
ferred,prior to the commencement of this Ordinance,or who may be
hereafter transferred,from the service of this Government to any other
office under the Crown may continue to contribute to the Fund from the
date of his ceasing to hold office in the service of this Government on the
salary which he was receiving at the date of such transfer,at the same
rate and subject to the same terms as if he had continued in the service
of this Government and continued to receive the salary which he was
receiving at the date of such transfer.
(2.)In the event of his ceasing to contribute or in the event of any
contributions duefrom him not having been paid for six months,his
widow or his widow and children,as the case may be,shall be entitled
on the death of such publuc officer only to a pension computed on the
basis of the interest acquired by such contributor to the Fund at the date
of his being transferred or of his ceasing to contribute,in accordance
with the tables hereinafter referred to.
15.-(1.)Every puiblic officer shall,within three months of the date
of his becoming liable to contirbute to the Fund,forward to the directors a declaration setting forth the date of his becoming so liable ,his own
name in full and the date of his birth,and,if he is married,the date of
his marriage and the ,maiden name in full and the date of birth of his
wife,and,if he has any child or children,his or her name or their names
in full and the date of each of their births.
(2.)The public officer making the declaration shal furnish to the
directors such proof of the statements made therein as may be required
by the directors.
16.Every public officetr who marries after the commencement of this
Ordinance shall,within three months of his marriages,forward to the
directors a declaration setting forth the date of such marriage and the
maiden name of his wife and the date of her birth.
17.Every public officer shall,within three months,notify to the direc-
tors the date of the birth of each child,if any,born to him after the
commencement of this Ordinance.
18.Every public officer whose wife dies or is divorsed from him,or
whose child dies,or whose female child is married,and the guardian of
every child who dies or of every female child who is married,shall,
within three months thereof,notify to the directors the date of such
death,divorce,or marriage.
19.-(1.)Every public officer who,in the judgment of the directors,-
(a.)fails,omits,or refuses to perform any duty cast upon him,or
to do any act required of him,by this Ordinance or by the rules
any regulations made as herein provided;or
(b.)furnishes any false information or makes any flase declaration,
may be adjudged by the directors to pay for each such default,omission,
refusal,false information,or false declaration a penalty not exceeding
twnety-five dollars.
(2.)The Treasurer shall,on the judgment of the directors being
notified to him,deduct such penalty from the first moneys payable to
the public officer as salary or otherwise,and shall pay such amount to
the credit of the Fund.
20.-(1.)The widows and orphans entitled to pensions from the Fund
are the widows and orphans of public offices who have contributed to
the Fund in accordance with the provisions of this Ordinance or the
Widows' and Orphans' Pensions Ordinance,1890,and amending
Ordinances,save as hereinafter excepted.
(2.)No pension shall become due,and no pension shall be paid,to
any widow or orphan of any public,until every debt due to the
Fund by such public officer has been fully discharged. 21.No widow of a public officer who dies within one year from the
date of his marriage shall be entitled to a pension under this Ordinance,
unless a child is born of such marriage:Provided that it shall be lawful
for the directors,with the consent of the Governor-in-Council,to award
a pension to such widow,if it appears to them just and reasonable to
do so.
22.The allowance or pension to an orphan shall cease,in the case of
a male,at the age of eighteen years,and,in the case of a female,on
marriage or at the age of twnety-one years.
23.-(1.)The pension or allowance to which a widow or child of a
deceased public officer is entitled shall be computed according to the Tables
contained in the Schedule to this Ordinance.Such Tables shall be ad-
justed and revised by an actuary or actuaries,who shall be appointed
from time to time by the Governor,with the advice of the Executive
Council.The first appointment of an actuary or actuaries shall take place
on the 31st day of December,1900,or as soon after as possible.All pen-
sions to widows or children,whether in possession or in expectation and
reversion,shall be subject to re-adjustment,and shall be computed upon the
Tables so adjusted and revised,and diminished or increased accordingly.
(2.)It shall be in the discretion of the directors to commute the
pension payable to a widow residing in China,or in any other country
where the payment of pensions is impracticable,by the payment of such
amount as may be agreed on with the widow,which amount shall vary
according to the widow's age,and such widow or the children of the
contributor shall have no further claim on the Fund:Provided always
that such amount shall not exceed the number of years' purchase of such
pension as may be fixed by the directors under section 8.
24.When orphans have no living mother or stepmother entitled to a
pension and their ages entitle them to a pension,such pension shall be
computed as follows:-
(1.)if there are three orphans or less entitled to pension,each orphan
shall receive one-fourth of the pension to which the wife of the
deceased contributor would have been entitled if she had survived
him or which she was receiving at the time of her death;and,
(2.)if there are more than three such orphans so entitled to pension,
then the pension to which such widow would have been entitled or
was receiving shall be divided equally among them.
25.The widow of a public officer who marries again shall cease to
receive a pension from the date of such marriage;and the children of
such widow and public officer shall thereupon be entitled to pension as
hereinbefore provided in the event of the death of both parents.
26.A wife against whom any public officer has obtained a divorce
in a British Court of Justice shall,for the purposes of this Ordinance,
be considered as dead,but where a public officer has been separated
from his wife,either judicially ,or by mutual consent,or otherwise,the
directors may,having regard to the grounds of the separation and the
subsequent conduct of both parties,grant a pension either to the widow
or to the orphans,if any,as they think most desirable.
27.-(1.)When a public officer dies leaving a widow and children,
the issue of a previous marriage existing when he became a contributor
to the Fund or contracted after he became such contributor,and such
children are of ages which entitle them to pensions from the Fund,such
children shall be entitled each of them to a share or portion of the half
of the pension to which their mother,if she had survived their father,
would have been entitled,such share or portion being calculated in
accordance with the provisions of section 24.
(2.)The widow of such public officer shall be entitled to one-half of
the pension to which she would have been entitled if there had been no
such children;and if the public officer dies leaving no such children,or
when they cease to be entitled to pension,then she shall be entitled to
the whole of such pension as she would have received if there had been
no such children.
(3.)If the widow dies leaving no issue of her marriage with the
public officer,the children of the first marriage shall be entitled to such
pensions as if the public offcer had not contracted such subsequent
marriage.
(4.)If the widow dies leaving children,the issue of her marriage with
the public officer,such children shall be entitled each to a share or
portion of the pension to which their mother was entitled,such share
or portion being calculated in accordance with the provisions of sec-
tion 24.
28.The children of a widower who is or becomes a contributor to the
fund shall be entitled,on his death,and the children of a widower who
has contributed to the Fund and has dies prior to the commencement of
this Ordinance shall be entitled,from and after the commencement of
this Ordinance,to the pension to which they would have been entitled
if their mother had been living at the time of his becoming liable to
contribute thereto.
29.The pension payable to any person entitled thereto under this
Ordinance shall begin upon the death of the public officer or of his
widow,as the case may be,and shall accrue daily and shall be paid
monthly.But before any such payment,it shall be lawful for the directors to requrie proof that any widow or child is alive and entitled
to the pension claimed by such widow or child.
30.-(1.)In any case in which a minor is entitled to payment of a
pension or portion of a pension under this Oridnance,it shall be lawful
for the directors to appoint some fit and proper person to whom such
pension shall be paid on behalf of such minor.
(2.)Such appointment shall be in writing under the hands of at least
three of the directors,and the receipt of such person shall be a legal
discharge for the payment of such pension or portion thereof.
31.-(1.)If the widow of any public officer ceases to assist,deserts,
or abandons a child or children who would be entilted on her death to
draw pension,and who may be in a state of proverty or destitution,the
directors may,in their discretion,pay to a fit and proper person on
behalf of such child or children such proportion of the pension as they
may think fit in each case,and the widow shall have no further claim
on the directors in respect thereof.
(2.)This section shall apply to any cases of desertion that may have
occurred before the commencement of this Ordinance.
32.-(1.)No pension payable from the Fund shall be assigned or
transferred,and every assignment or transfer thereof shall be absolutely
null and void and of no effect.
(2.)No such pension shall be attached,or levied upon,or arrested,or
taken in execution on account of any debt or payment due by the person
to whom such pension is payable.
33.If any question arises as to whether any person is a public officer
within the meaning of this Ordinance,or as to whether any person is
entitled to any pension as the widow or child of a public office,or as to
the amount of pension to which any widow or child is entitled,or as to
the meaning ot construction to be assigned to any section of this Ordi-
nance or to any rule or regulation made under the provisions thereof,
it shall be lawful for the directors,and they are hereby required ,on
the application of any such public officer,widow,or child,to submit
such question for decision to the Governor;and the decision of the
Governor thereon,with the advice of the Executive Council,shall be
final.
34.No widow of a public officer whose marriage was contracted after
he had ceased to contribute,and no child of such marriage,shall be
entitled to any pension.
35.The pension to which any widow,or,in the event of the death
of the widow,to which the child or children,of a public officer becomes or become entitled,shall in case exceed fifteen hundred dollars,or
such larger sum as may be fixed by the actuary or actuaries appointed
under this Ordinance:Provided that no public officer shall be compelled
to pay any contributions beyond such as would bring up the pension to
which a widow or child or children might be entitled to such maximum
amount.
36.No pension,whether payable to a widow or to a child or children,
shall be increased or decreased by reason of the residence of the person
entitled to such pension being less or more healthy as to climate than
this Colony.
37.All payments out of the Fund shall be made in dollars current in
the Colony.
38.Fifty per centum of the contributions made by a bachelor shall
be returned,but wthout interest,on the retirement,unmarries,of such
officer from the public service of the Colony,with or without oension.
SHCEDULE.
RULES AND REGULATIONS FOR THE PURPOSE OF CARRYING OUT THE PRO-
VISIONS OF THE WIDOWS' AND ORPHANS' PENSION FUND ORDINANCE,1900.
1.The Tables referred to in these Rules and Regulations are the Tables
for calculating the pensiona of widows and orphan children of public officers,
referred to in Section 23.
2.The following is the mode of assessing the pensions of widows,whose
husbands were contributors to the Widows' and Orphans' Pension Fund:-
FIRST WIFE'S PENSION.
A.IN CONSIDERATION OF THE CONTRIBUTIONS PAID BY SUCH MEMBER
DURING BACHELORHOOD.
RULE:Accumulate the ocntributions without interest,and multiply the
amount by the quantity found in Table A corresponding to the
respective ages of the husband and wife at the time of marriage.
The product will give the annual pension to which the wife will
be entitled on her husband's death,on account of his past contri-
butions.
EXAMPLE:Thus,if the total contributions of such member during
bachelorhood,when accumulated without interest,amount to $300, and the ages of himself and wife at the time of marriage are 30 and
20 respectively, then
$300 x 2928=$87.81=wife's pension.
NOTE-Where the contributor has joined before the 1st day of June, 1900, the contri-
butions should be accumulated up to that date with 6 per cent. compound interest.
(B.) IN CONSIDERATION OF THE FUTURE ANNUAL CONTRIBUTIONS TO BE
PAYABLE FROM THE DATE OF MARRIAGE.
(a.) In respect of Official Income receivable at the Time of Marriage.
RULE: Multiply the annual contribution by the quantity found in
Table B corresponding to the respective ages of the husband and
wife at the time of marriage.
The product will give the annual pension to which the wife will
be entitled on her husband's death on account of his contributions
in respect of the offcial income receivabale at the time of mariage.
EXAMPLE: Thus, if such last-referred to member's official income at the
time of marriage is $1,000 a year, and the annual contribution is
$40 (to cease at 55), and the ages of himself and wife at the time
of marriage are 30 and 20 respectively, then
$$40 x 3.188=$127.55=wife's persion.
(b.) In respect of Increments made to the Official Income after Marriage.
RULE: Multiply the additional contribution by the quantity found in
TableB corresponding to the respective ages of the husband and
wife at the date of the increment of offcial income.
The product will give the additional annual pension to which the
wife will be entitled on her husband's death, in respect of his
additional contributions on account of an increase of his offcial
income.
EXAMPLE: Thus, if such last-referred to member's official income is in-
creased by $200 a year, and the then ages of himself and wife are
respectively 35 and 25, then the further pension will be
$8 x 2.781=$22.25=wife's further pension.
(C.) ASSESSMENT OF THE AMOUNT OF THE PENSION DURING THE TIME
SUCH MEMBER IS A WIDOWER.
When such member becomes a widower, a pension is to be supposed to
attach for the benefit of a wife of exactly the same age as the late wife would
have been if then alive, such pension either remaining unchanged in amount
from that to which the late wife was entitled or becoming subsequently aug-
mented or reduced in the manner provided for by the Rules, according as
such member's contributions increase or decrease from that time through
variations in his official income The amount so determined is to form the basis for estimating the com-
mencing pension to which a second wife becomes entitled at the time of
her marriage.
EXAMPLE: Thus, if such last-referred to member becomes a widower, a
pension of ($87.81+$127.55+$22.25) $237.61 is to be supposed
to attach for the benefit of a wife of exactly the same age as the
late wife would have been if then alive, and the pension wil con-
tinue at that amount until such member's official income (and his
consequent contribution) is either increased or decreased. If a
further increment of $200 official income is made when such mem-
ber is aged 40 and his late wife , if then alive, would have been aged
30, then the additional amount of supposed pension would be found
by Rule 2 B (b.) thus
$8x2.295=$18.36=wife's supposed further pension.
Should such member re-marry, the amount to be used as a basis
for estimating the commencing pension to which the second wife
would be entitled would be either
$237.61, if no augmentation has been made to the official in-
come; or
$255.97, if an augmentation of $200 has been made to the official
income at age 40, as above.
NOTE.-If there have been more wives than one, care must be taken to use always the
age of the last wife.
SECOND WIFE'S PENSION.
(A.) PENSION TO WHICH A SECOND WIFE (OF SUCH MEMBER AS ABOVE)
BECOMES ENTITLED ON MARRIAGE.
(a.) When the Second Wife at the Time of Marriage is of the same Age
as, or older than the First Wife would have been if then alive.
RULE: The pensionis to commence at the amount as determined by
Rule 2 hereof, and to remain stationary at that amount, unless and
until such member's official income is increased or decreased.
(b.)When the Second Wife at the Time of Marriage is younger than
the First Wife would have been if then alive.
RULE: Take the pension as determined by Rule 2 hereof, and multiply
it by the quantity found in Table C corresponding to the respective
ages of the husband and that which his first wife would have
reached if alive at the time of the husband's second marriage;
multiply the last product by the quantity found in Table A cor-
responding to the respective ages of the husband and his second
wife at the time of their marriage. The final product will give the
commencing annual pension to which the second wife will be entitled
on her husband's death, in respect of his official income at the time
of their marriage;and this pension is to remain stationary at that
amount,unless and until such member's official income is increased
or decreased.
EXAMPLE:Thus,if,at the date of re-marriage,the age of such member's
first wife,if then alive,would have been 35,his own age is 45,and
that of the second wife is 30,and if the pension to which the first
wife,if alive,would have been entitled,as found by Rule 2 hereof,is
$237.61,then
$237.61*3.777*.2453-$220.14-second wife's commencing
pension.
B.INCREMENTS ON THE LAST-FOUND PENSIONS.
The second wives' pensions are to be augmented as often as their husbands
have an increase of official income,such augmentatoins to be calcu-
lated according to the principles and in the manner described in
Rule 2 B (b.) hereof,always taking the ages of the husband and
wife as they stand at the date of the increase of official income.
THIRD AND SUBSEQUENT WIVES' PENSIONS.
4.The rules laid down in Rules 2 and 3 hereof will apply,mutatis
mutandis,to the case of a pension to a third or any subsequent wife
of a member as above.It should be borne in mind that the pension
to the last wife,and the age she would have been if alive at the date
of the further marriage,are always to be taken as the basis for esti-
mating the commencing pension to which the new wife is entitled.
PENSIONS TO WIDOWS AND CHILDREN OF SUCH MEMBERS
AS MAY HAVE JOINTED THE PUBLIC SERVICE OF
OTHER COLONIES.
5.The widow's pension should be based upon the estimated acquired
interest that such transferred member has in the then existing Fund at the
date of his transfer.This interest5 may be assessed as shown below:-
A.IF SUCH MEMBER IS A BACHELOR AT THE TIME OF HIS TRANSFER.
First Wife:His interest in the Fund should be taken as at the time of
transfer and according to Rule 2 A;and this amount should be
further accumulated without interest from the time of such transfer
until his first marriage;and the pension thence arising that the
widow is entitled to should be computed by the same Rule-regard
being had to the cessation of further contributions.
EXAMPLE:Thus,if the total contributions of such member during
bachelorhood and up to the time of transfer amount to $200,and
if this sum,when further accumulated without interest,amounts to $300 by the time of his first marriage,and if the ages of himself and
wife at marriage are 30 and 20 respectively,then
$300*.2927=$87.81=wife's pension.
Second Wife:Take the pension as above determined,and multiply it by
the quantity found in Table C corresponding to the respective ages
of the husband and that which his late wife would have reached if
alive at the time of the husband's second marriage;multiply this
last product by the quantity found in Table A corresponding to the
respective ages of the husband and his second wife at the time of
their marriage(vide Rule 2 C).
EXMAPLE:Thus,if,at the date of re-marriage,the age of such husband's
first wife,if then alive,would have been 35,his own age is 45,and
that of his second wife is 30,and if the pension to which the first
wife,if alive,would have been entitled as found above,if $87.81,then
$87.81*3.777*.2453=$81.35=second wife's pension.
Third,etc., Wife:For a third or subsequent wife,take the pension for
the last existing wife,and proceed to adjust it in the manner shown
for the case of the second wife.
B.IF SUCH MEMBER IS MARRIED,OR A WIDOWER,AT THE TIME OF HIS
TRANSFER.
The widow's pension attaching to his then wife,or,if he is a widower,
the pension which is supposed to attach for the benefit of a wife of
the same age as his wife would have been if then alive(vide
Rule 2C),should be abated by just the maount that it would be
increased,corresponding to the amount of contributions that such
member will cease to pay upon transfer from the public service of
the Colony,and according to the principles laid down in the Ordi-
nance.Again,this abated pension should be adjusted upon re-
marriage,in the manner shown in Rule 5,corresponding to the then
ages of the husband and wife.
CHILDREN'S PENSIONS.
6.The children's pensions,being based upon what the widow was re-
ceiving,or would have received,if there had been one,may be calcu-
latred according to the rules contained in Rules 2,3,4,and 5,regard
being had to the conditions laid down by the Ordinance.
GENERAL WORKING.
7.The cost of remittances to and from Europe,with the loss,if any,
upon the exchange,will be borne by the individual beneficiaries
upon whose account these outgoings may be incurred.
ORDINANCES OF HONGKONG
VOL.II
1891-1901
P.594 ORDINANCES OF HONGKONG
VOL.II
1891-1901
P.595 ORDINANCES OF HONGKONG
VOL.II
1891-1901
P.596 ORDINANCES OF HONGKONG
VOL.II
1891-1901
P.597 ORDINANCES OF HONGKONG
VOL.II
1891-1901
P.598 ORDINANCES OF HONGKONG
VOL.II
1891-1901
P.599 ORDINANCES OF HONGKONG
VOL.II
1891-1901
P.600 ORDINANCES OF HONGKONG
VOL.II
1891-1901
P.601 ORDINANCES OF HONGKONG
VOL.II
1891-1901
P.602 ORDINANCES OF HONGKONG
VOL.II
1891-1901
P.603 ORDINANCES OF HONGKONG
VOL.II
1891-1901
P.604 ORDINANCES OF HONGKONG
VOL.II
1891-1901
P.605
shall be lawful for the Legislative Council at any time by resolu-
tion to declare as follows:-
(a) that any article named and described in the said schedule A
shall be deemed to be a poison for the purposes of this Ordinance;
(b) that any article named and described in the schedule to this
Ordinance may be removed therefrom.
3. (1) Whenever it appears to any Justice of the Peace upon the
oath of any person that there is reasonable cause to believe that in
any dwelling-house, shop, or other building or place, or on board
any ship, not being or having the status of a ship of war, within
the Colony, there is concealed or deposited any poison as defined by
section 2 m respect of which an offence has been committed against
Ordinance No. 12 of 1908, or that. any person has conirnitted an
offence against such Ordinance, lie rnay by his warrant direeled to
any officer of police empower such officer by day or bY night-
(a) to enter such dwelling-house, shop, or other building or place,
or to go on board such ship, and there to search for and take
possesion of any such poision in such dwelling-house ,shop,build-
ing, place, or ship;and
(b) to arrest any person being in such dwelling-house shop, or
other buildirlg, or place, or ship, in whose possession, custody or
control such poison may be found, or whoin sneh officer may reason-
ably suspect to have concealed or deposited any such poison in such
dwell ing-bortse, shop, building, place, or ship or thereabout ; and
(c) to arrest any
j person named In such warrant.
(.2) ---Officer of police ' in this section shall be deenied to include
any European revenue officer holding a warrant under section 66
of the Liquors Consolidation Ordinance, 1911.
4. Such officer may, if necessary-
(a) break. open any outer or inner door of such dwelling-house,,
ship, or other building, or place, and enter therein;
(b) forcibly enter such ship and every part 'thereof';
(c) remove by force any obstruction to such entry, search,
seizure and removal as he is empowered to effect.
As amended by No. 29 of 1910, No. 50 of 1911, No. 51 of 1911,
No. 12 of 1912, No. 13 of 1912 and No. 43 of 1912 Supp.
Sched.
As ainended by No. 12 of 1912.
A.D. 1900. Ordinance No. 15 of 1900, with Ordinance No. 28 of 1900 incorporated. Short title. Interpretation of terms. Repealing section not printed. Widows' and Orphans' Fund. Former contributors. Investment of moneys of Fund. Appointment of directors for management of Fund, and powers and duties of directors. Cost of management of Fund. Making of rules and regulations. Abatement from salaries and pensions of existing contributors, etc. Repealed by this Ordinance. Period for which abatement to be made. Contribution of public officer retiring on pension. Right to continue contributions in full on reduced income. Right of public officer retiring or deprived of his office to continue to contribute.Provision for case of public officer transferred to other employment under the Crown. Obligation on public officer to furnish particulars within three months of his appointment. Obligation on public office notify marriage. Obligation on public officer to notify birth of child. Obligation on public officer to notify death or divorce of wife, etc. Penalty for non-complicance with obligation. Persons entitled to pensions. Repeal by this Ordinance. Exclusion from benefits of Fund. Duration of pension to orphan. Computation of pension. Schedule. Provision for case of motherless orphans. Provision for case of widow marrying. Provision of case divorce or separation. Provision for case of widow and children of previous marriage. Pension to children of widower. Mode and condition of payment of pension. Appointment of person to receive payment on behalf of minors. Payment of pension to person acting on behalf of minors in case of desertion. Pension not to be assigned or levied upon. Decision of questions under the Ordinance. Case where widow not entitled to pension. Limitation of amount of pension. Pension not affected by residence of pensioner. Currency of payments. Return of one-half of bachelor's contirbution on retirement. Section 23.
Widows' and Orphans' Pension Fund
AN ORDINANCE to consolidate and amend the Law providing
for the Grant of Pension to the Widows and Orphans of
deceased Public Officers.
[1st June,1900.]
BE it enacted by the Governor of Hongkong,with the advice and
consent of the Legislative Council thereof,as follows:-
1.This Ordinance may be cited as the Widows' and Orphans' Pension
Fund Ordinance,1900.
2.In this Oridnance,unless the context otherwise requires,-
'Public officer' means a person permanently employed in the
service of the Government or a member of the Police Force of the
rank of sergeant or of higher rank,but does not include any such
person whose salary is less than two hundred and forty dollars per
annum:
'Salary' means the salary of the officer's substantive appointment
or appointments,including allowance for house or chair:
'The Treasurer' means the officer holding the office of Treasurer
of the Colony:
'The Crown Agents' mean the Crown Agents for the Colonies in
London:
'Directors' mean the directors of the Fund,appointed under this
Ordinance:
'Orphan' means the child of a deceased public pfficer by his wife,
born after marriage:
'Pension' means any pension granted under this Oridnance,
except where the context implies that the pension of the contributor
himself is referred to:
'Pensioner' means any person entitled to a pension under this
Oridnance,except where the context implies that the contributor
himself is referred to:
'The Fund' means all money raised under this Oridnance or the
Oridnances repealed by the same,whether by contributors,fines,
interest,loan,or otherwise:
'Widow' means the wife of a deceased public officer:
'Wife' means the lawful wife of any public officer of the Christians
or Juwish religion,or,in the case of Chinese,the Kit Fat or The
Fong,or,in the case of any other Asiatic nation,the principal wife, 3.The Fund shall be called'The Widows' and Orphans' Fund' and
shall be raised as hereinafter directed.
4.All public officers or pensioners who have hitherto contributed to
the Fund shall continue to do so.
5.All moneys belonging to the Fund,whether arising from past or
future contributions,fines,interest,or otherwise,shall be invested with
the Government of the COlony,and shall bear interest payable by the
said Government during the continuance of the fund,at the rate of six
per sentum per annum free from any deduction,and such interest shall
be made up on the thirty-first day of December in each year,and shall
be calculated upon the mean monthly balance standing in the hands
of the Treasurer to the credit of the fund during the course of the
year.
6.-(1.)For the due and proper management of the Fund the Gover-
nor,with the advice of the Executive Council,shall appoint any number
of public officers,not exceeding five,as directors thereof.
(2.)It shall be lawful for the Governor,with the advice of the Exe-
cutive Council,to cancel and annul and appointment of any person ap-
pointed to be a director,and,on notification thereof in The Gazette,such
person shall cause to be a director and to have and exercise the powers
of a director.
(3.)In the event of the death of a director,or in the event of the
adsence from the Colony of a director,or in the event of the cancellation
and annulment of the appointment of any director,the Governor,with
the advice of the Executive Council,shall appoint a public officer to be
a director in place of the director who has dired,or is absent from the
Oclony,or whose appointment has been cancelled or annulled,and such
person so appointed shall have and exercise all the powers and duties
conferred and imposed upon a director by this Ordinance.
(4.)The directors shall superintend and direct the management and
administration of the Fund,and shall see that the laws and regulations
relating thereto are duly fulfilled.
(5.)It shall be the duty of the directors annually,on or before the
thirty-first day of January,to prepare a statement and account of the
Fund for the year ending the thirty-first day of Demcember preceding,
and such statement and account shall be laid before the Governor and the
Legislative Council.
(6.)The Governor may from time to time appoint such officer or
officers as he may consider fit and necessary for carrying out the pro-
visions of this Ordinance,and all persons so appointed shall hold office
during the pleasure of the Governor. (7.)At every meeting of the directors the senior public present
shall preside.Every question shal be decided by the votes of the ma-
jority of those directors present at the meeting:Provided that,if the
votes are equally divided,the chairman shall have a casting vote in
addition to his vote as director.There shall be no meeting at which
there are not at least three directors present and voting.
7.A sum not exceeding five per centum of the annual contributors
to the Fund shall be paid by the Treasurer to the directors for the pur-
pose of defraying all expenses connected with the management and ad-
ministration of the fund:Provided that no payment shall be made to
any director as salary or remuneration for his own services without the
consent and approval of the Governor,with the advice of the Executive
Council:Provided,also,that if in any year any exceptional manage-
ment and administration expenses arise,it shall be lawful to have re-
course to any unexpended balamce of such five per centum in any
previous years subsequent to the last valuation.
8.The directors may frame rules and regulations,not being inconsis-
tent with the provisions of this Ordinance,for the proper carrying out of
the provisions thereof,and such rules and regulations,when approved by
the Governor,with the advice of the Executive Council,and published
in The Gazette,shall ve valid and binding upon all persons.
9.-(1.)From and after the commencement of this Ordinance,subject
to the provisions of section 35,a monthly abatement of four per centum
shall be made from the salary or pension,as the case may be,of every
existing contributor to the Fund,and of every public officer hereafter
appointed,and of every member of the Police Force who has attained or
may hereafter attaun the rank of sergeant or any higher rank.
(2.)The abatement of four per centum from the salaries and pensions
of public officers shall be made by the Treasurer,or,in case of payments
made by the Crown Agents,by the Crown Agents,on each occasion of
payment of salary or pension,and shall be placed to the credit of the
Fund:Provided that,in the latter case,such abatement of four per cen-
tum shall be calculated and made in dollars by the Crown Agents
on the full salary in dollars payable to such public officer when employed
in the Colony or on the pension in dollars payable to sch public officer
if resident in the Colony,and such public officer shall be entitled to re-
ceive from the Crown Agents the equivalent in sterling of the balance
in dollars of such salary or pension,calculated at the rate at which such
public officer is entitled to receive such salary or pension in England;
and,in the case of a public entitled only to a half of scuh full
salary,such public officer shall be entitled to receive from the Crown Agents the equivalent in sterling,calculated in manner aforesaid,of the
balance in dollars of the half of such full salary,after the abatement of
four per centum has been calculated on such full salary in dollars and
made on the half of such full salary in dollars.
(3.)In the event of such abatement not being made,every public
officer shall pay to the Trasurer or Crown Agents,within fifteen days
after the receipt by him of his salary or pension,a sum equal to four
per centum upon his monthly salary or pension,or,in the event of any
public officer being on leave without salary,such public officer shall pay,
before the fifteenth day of each and every month during the continuance
of such leave,to the Treasurer or Crown Agents a sum equal to four
per centum upon the full salary which he would have received monthly
if he had not been on leave.All sums due under the provisions of
this sub-section,and the arrears of any contribution due and payable
under the provisions of the Widows' and Orphans' Pensions Ordinance,
1890,shall be taken to be a debt due to the Fund by the public officer,
and shall be payable to the Trasurer or Crown Agents,together with
interest thereon at six per centum per annum,forthwith or by such in-
instalments as the directors may determine.The Treasurer or Crown
Agents shall,on the written order of the directors or of any two of them,
deduct from any moneys which may be or may become due or payable
to the public officer by whom such debt is payable the whole or any
part of such debt.
10.The abatement of four per centum per annum from the salary or
pension of a public officer shall continue to be made until such public
officer has either attained the age of sixty-five years or has been subject tp
and shasll thereupon cease and determine.
11.A public officer who from any cayse whatever ceases to belong to
the public service and retires on a pension shall not be called upon to
make any further contribution to the Fund beyond a monthly abatement
from his pension of four per centum on such pension,to commence from
the date of his retirement until he attains sixty-five years of age or has
been subject to abatement for thirty-five yaers,when such abatement shall
cease:Provided that,in the event of such public officer having no wife,
or make child below the age of eighteen years,or female child unmarried
and below the age of twenty-one years,at any time intimating his in-
tention to the directors not to contirbute further,he shall not be required
to contribute further,and he shall be condsidered as having ceased to have
any interest in the Fund and shall have no claim thereon.
12.-(1.)Whenevr the salary of a public officer becomes reducted by
abatement of his emoluments or by retirement on pension,such public officer may elect to continue to contribute upon the higher salary which
he was receiving previous to such reduction,and subject to the same
terms and conditions as if he had continued to draw the higher salary.
(2.)If such public officer does not elect so to continue to contribute
upon the higher salary,and contributes on the lower salary or pension,
any pension to his widow or children shall be diminished by the same
amount as it would have been increased had such public officer's salary
been increased and not diminished.
13.-(1.)A public officer who retires from the public service,or who is
deprived of the office in respect of which he contributed to the Fund,but
who is not granted a pension,may continue to contribute,from the date
of his so retiring or being deprived of his office,on the salary which he
was receiving at the date of such retirement or deprivation,at the same
rate and subject to the same terms and conditions as if he had continued
in the public service and continued to receive the salary which he was
receiving at the date of such retirement or deprivation.
(2.)In the event of his ceasing to contribute or in the event of any
contributions due from him not having been paid for six months,his
widow or his widow and children,as the case may be,shall be entitled
on the death of such public officer only to a pension computed on the
basis of the interest acquired by such contributor in the Fund at the date
of his ceasing to contribute,in accordance with the tables hereinafter
referred to.
14.-(1.)A public officer other than a bachelor who has been trans-
ferred,prior to the commencement of this Ordinance,or who may be
hereafter transferred,from the service of this Government to any other
office under the Crown may continue to contribute to the Fund from the
date of his ceasing to hold office in the service of this Government on the
salary which he was receiving at the date of such transfer,at the same
rate and subject to the same terms as if he had continued in the service
of this Government and continued to receive the salary which he was
receiving at the date of such transfer.
(2.)In the event of his ceasing to contribute or in the event of any
contributions duefrom him not having been paid for six months,his
widow or his widow and children,as the case may be,shall be entitled
on the death of such publuc officer only to a pension computed on the
basis of the interest acquired by such contributor to the Fund at the date
of his being transferred or of his ceasing to contribute,in accordance
with the tables hereinafter referred to.
15.-(1.)Every puiblic officer shall,within three months of the date
of his becoming liable to contirbute to the Fund,forward to the directors a declaration setting forth the date of his becoming so liable ,his own
name in full and the date of his birth,and,if he is married,the date of
his marriage and the ,maiden name in full and the date of birth of his
wife,and,if he has any child or children,his or her name or their names
in full and the date of each of their births.
(2.)The public officer making the declaration shal furnish to the
directors such proof of the statements made therein as may be required
by the directors.
16.Every public officetr who marries after the commencement of this
Ordinance shall,within three months of his marriages,forward to the
directors a declaration setting forth the date of such marriage and the
maiden name of his wife and the date of her birth.
17.Every public officer shall,within three months,notify to the direc-
tors the date of the birth of each child,if any,born to him after the
commencement of this Ordinance.
18.Every public officer whose wife dies or is divorsed from him,or
whose child dies,or whose female child is married,and the guardian of
every child who dies or of every female child who is married,shall,
within three months thereof,notify to the directors the date of such
death,divorce,or marriage.
19.-(1.)Every public officer who,in the judgment of the directors,-
(a.)fails,omits,or refuses to perform any duty cast upon him,or
to do any act required of him,by this Ordinance or by the rules
any regulations made as herein provided;or
(b.)furnishes any false information or makes any flase declaration,
may be adjudged by the directors to pay for each such default,omission,
refusal,false information,or false declaration a penalty not exceeding
twnety-five dollars.
(2.)The Treasurer shall,on the judgment of the directors being
notified to him,deduct such penalty from the first moneys payable to
the public officer as salary or otherwise,and shall pay such amount to
the credit of the Fund.
20.-(1.)The widows and orphans entitled to pensions from the Fund
are the widows and orphans of public offices who have contributed to
the Fund in accordance with the provisions of this Ordinance or the
Widows' and Orphans' Pensions Ordinance,1890,and amending
Ordinances,save as hereinafter excepted.
(2.)No pension shall become due,and no pension shall be paid,to
any widow or orphan of any public,until every debt due to the
Fund by such public officer has been fully discharged. 21.No widow of a public officer who dies within one year from the
date of his marriage shall be entitled to a pension under this Ordinance,
unless a child is born of such marriage:Provided that it shall be lawful
for the directors,with the consent of the Governor-in-Council,to award
a pension to such widow,if it appears to them just and reasonable to
do so.
22.The allowance or pension to an orphan shall cease,in the case of
a male,at the age of eighteen years,and,in the case of a female,on
marriage or at the age of twnety-one years.
23.-(1.)The pension or allowance to which a widow or child of a
deceased public officer is entitled shall be computed according to the Tables
contained in the Schedule to this Ordinance.Such Tables shall be ad-
justed and revised by an actuary or actuaries,who shall be appointed
from time to time by the Governor,with the advice of the Executive
Council.The first appointment of an actuary or actuaries shall take place
on the 31st day of December,1900,or as soon after as possible.All pen-
sions to widows or children,whether in possession or in expectation and
reversion,shall be subject to re-adjustment,and shall be computed upon the
Tables so adjusted and revised,and diminished or increased accordingly.
(2.)It shall be in the discretion of the directors to commute the
pension payable to a widow residing in China,or in any other country
where the payment of pensions is impracticable,by the payment of such
amount as may be agreed on with the widow,which amount shall vary
according to the widow's age,and such widow or the children of the
contributor shall have no further claim on the Fund:Provided always
that such amount shall not exceed the number of years' purchase of such
pension as may be fixed by the directors under section 8.
24.When orphans have no living mother or stepmother entitled to a
pension and their ages entitle them to a pension,such pension shall be
computed as follows:-
(1.)if there are three orphans or less entitled to pension,each orphan
shall receive one-fourth of the pension to which the wife of the
deceased contributor would have been entitled if she had survived
him or which she was receiving at the time of her death;and,
(2.)if there are more than three such orphans so entitled to pension,
then the pension to which such widow would have been entitled or
was receiving shall be divided equally among them.
25.The widow of a public officer who marries again shall cease to
receive a pension from the date of such marriage;and the children of
such widow and public officer shall thereupon be entitled to pension as
hereinbefore provided in the event of the death of both parents.
26.A wife against whom any public officer has obtained a divorce
in a British Court of Justice shall,for the purposes of this Ordinance,
be considered as dead,but where a public officer has been separated
from his wife,either judicially ,or by mutual consent,or otherwise,the
directors may,having regard to the grounds of the separation and the
subsequent conduct of both parties,grant a pension either to the widow
or to the orphans,if any,as they think most desirable.
27.-(1.)When a public officer dies leaving a widow and children,
the issue of a previous marriage existing when he became a contributor
to the Fund or contracted after he became such contributor,and such
children are of ages which entitle them to pensions from the Fund,such
children shall be entitled each of them to a share or portion of the half
of the pension to which their mother,if she had survived their father,
would have been entitled,such share or portion being calculated in
accordance with the provisions of section 24.
(2.)The widow of such public officer shall be entitled to one-half of
the pension to which she would have been entitled if there had been no
such children;and if the public officer dies leaving no such children,or
when they cease to be entitled to pension,then she shall be entitled to
the whole of such pension as she would have received if there had been
no such children.
(3.)If the widow dies leaving no issue of her marriage with the
public officer,the children of the first marriage shall be entitled to such
pensions as if the public offcer had not contracted such subsequent
marriage.
(4.)If the widow dies leaving children,the issue of her marriage with
the public officer,such children shall be entitled each to a share or
portion of the pension to which their mother was entitled,such share
or portion being calculated in accordance with the provisions of sec-
tion 24.
28.The children of a widower who is or becomes a contributor to the
fund shall be entitled,on his death,and the children of a widower who
has contributed to the Fund and has dies prior to the commencement of
this Ordinance shall be entitled,from and after the commencement of
this Ordinance,to the pension to which they would have been entitled
if their mother had been living at the time of his becoming liable to
contribute thereto.
29.The pension payable to any person entitled thereto under this
Ordinance shall begin upon the death of the public officer or of his
widow,as the case may be,and shall accrue daily and shall be paid
monthly.But before any such payment,it shall be lawful for the directors to requrie proof that any widow or child is alive and entitled
to the pension claimed by such widow or child.
30.-(1.)In any case in which a minor is entitled to payment of a
pension or portion of a pension under this Oridnance,it shall be lawful
for the directors to appoint some fit and proper person to whom such
pension shall be paid on behalf of such minor.
(2.)Such appointment shall be in writing under the hands of at least
three of the directors,and the receipt of such person shall be a legal
discharge for the payment of such pension or portion thereof.
31.-(1.)If the widow of any public officer ceases to assist,deserts,
or abandons a child or children who would be entilted on her death to
draw pension,and who may be in a state of proverty or destitution,the
directors may,in their discretion,pay to a fit and proper person on
behalf of such child or children such proportion of the pension as they
may think fit in each case,and the widow shall have no further claim
on the directors in respect thereof.
(2.)This section shall apply to any cases of desertion that may have
occurred before the commencement of this Ordinance.
32.-(1.)No pension payable from the Fund shall be assigned or
transferred,and every assignment or transfer thereof shall be absolutely
null and void and of no effect.
(2.)No such pension shall be attached,or levied upon,or arrested,or
taken in execution on account of any debt or payment due by the person
to whom such pension is payable.
33.If any question arises as to whether any person is a public officer
within the meaning of this Ordinance,or as to whether any person is
entitled to any pension as the widow or child of a public office,or as to
the amount of pension to which any widow or child is entitled,or as to
the meaning ot construction to be assigned to any section of this Ordi-
nance or to any rule or regulation made under the provisions thereof,
it shall be lawful for the directors,and they are hereby required ,on
the application of any such public officer,widow,or child,to submit
such question for decision to the Governor;and the decision of the
Governor thereon,with the advice of the Executive Council,shall be
final.
34.No widow of a public officer whose marriage was contracted after
he had ceased to contribute,and no child of such marriage,shall be
entitled to any pension.
35.The pension to which any widow,or,in the event of the death
of the widow,to which the child or children,of a public officer becomes or become entitled,shall in case exceed fifteen hundred dollars,or
such larger sum as may be fixed by the actuary or actuaries appointed
under this Ordinance:Provided that no public officer shall be compelled
to pay any contributions beyond such as would bring up the pension to
which a widow or child or children might be entitled to such maximum
amount.
36.No pension,whether payable to a widow or to a child or children,
shall be increased or decreased by reason of the residence of the person
entitled to such pension being less or more healthy as to climate than
this Colony.
37.All payments out of the Fund shall be made in dollars current in
the Colony.
38.Fifty per centum of the contributions made by a bachelor shall
be returned,but wthout interest,on the retirement,unmarries,of such
officer from the public service of the Colony,with or without oension.
SHCEDULE.
RULES AND REGULATIONS FOR THE PURPOSE OF CARRYING OUT THE PRO-
VISIONS OF THE WIDOWS' AND ORPHANS' PENSION FUND ORDINANCE,1900.
1.The Tables referred to in these Rules and Regulations are the Tables
for calculating the pensiona of widows and orphan children of public officers,
referred to in Section 23.
2.The following is the mode of assessing the pensions of widows,whose
husbands were contributors to the Widows' and Orphans' Pension Fund:-
FIRST WIFE'S PENSION.
A.IN CONSIDERATION OF THE CONTRIBUTIONS PAID BY SUCH MEMBER
DURING BACHELORHOOD.
RULE:Accumulate the ocntributions without interest,and multiply the
amount by the quantity found in Table A corresponding to the
respective ages of the husband and wife at the time of marriage.
The product will give the annual pension to which the wife will
be entitled on her husband's death,on account of his past contri-
butions.
EXAMPLE:Thus,if the total contributions of such member during
bachelorhood,when accumulated without interest,amount to $300, and the ages of himself and wife at the time of marriage are 30 and
20 respectively, then
$300 x 2928=$87.81=wife's pension.
NOTE-Where the contributor has joined before the 1st day of June, 1900, the contri-
butions should be accumulated up to that date with 6 per cent. compound interest.
(B.) IN CONSIDERATION OF THE FUTURE ANNUAL CONTRIBUTIONS TO BE
PAYABLE FROM THE DATE OF MARRIAGE.
(a.) In respect of Official Income receivable at the Time of Marriage.
RULE: Multiply the annual contribution by the quantity found in
Table B corresponding to the respective ages of the husband and
wife at the time of marriage.
The product will give the annual pension to which the wife will
be entitled on her husband's death on account of his contributions
in respect of the offcial income receivabale at the time of mariage.
EXAMPLE: Thus, if such last-referred to member's official income at the
time of marriage is $1,000 a year, and the annual contribution is
$40 (to cease at 55), and the ages of himself and wife at the time
of marriage are 30 and 20 respectively, then
$$40 x 3.188=$127.55=wife's persion.
(b.) In respect of Increments made to the Official Income after Marriage.
RULE: Multiply the additional contribution by the quantity found in
TableB corresponding to the respective ages of the husband and
wife at the date of the increment of offcial income.
The product will give the additional annual pension to which the
wife will be entitled on her husband's death, in respect of his
additional contributions on account of an increase of his offcial
income.
EXAMPLE: Thus, if such last-referred to member's official income is in-
creased by $200 a year, and the then ages of himself and wife are
respectively 35 and 25, then the further pension will be
$8 x 2.781=$22.25=wife's further pension.
(C.) ASSESSMENT OF THE AMOUNT OF THE PENSION DURING THE TIME
SUCH MEMBER IS A WIDOWER.
When such member becomes a widower, a pension is to be supposed to
attach for the benefit of a wife of exactly the same age as the late wife would
have been if then alive, such pension either remaining unchanged in amount
from that to which the late wife was entitled or becoming subsequently aug-
mented or reduced in the manner provided for by the Rules, according as
such member's contributions increase or decrease from that time through
variations in his official income The amount so determined is to form the basis for estimating the com-
mencing pension to which a second wife becomes entitled at the time of
her marriage.
EXAMPLE: Thus, if such last-referred to member becomes a widower, a
pension of ($87.81+$127.55+$22.25) $237.61 is to be supposed
to attach for the benefit of a wife of exactly the same age as the
late wife would have been if then alive, and the pension wil con-
tinue at that amount until such member's official income (and his
consequent contribution) is either increased or decreased. If a
further increment of $200 official income is made when such mem-
ber is aged 40 and his late wife , if then alive, would have been aged
30, then the additional amount of supposed pension would be found
by Rule 2 B (b.) thus
$8x2.295=$18.36=wife's supposed further pension.
Should such member re-marry, the amount to be used as a basis
for estimating the commencing pension to which the second wife
would be entitled would be either
$237.61, if no augmentation has been made to the official in-
come; or
$255.97, if an augmentation of $200 has been made to the official
income at age 40, as above.
NOTE.-If there have been more wives than one, care must be taken to use always the
age of the last wife.
SECOND WIFE'S PENSION.
(A.) PENSION TO WHICH A SECOND WIFE (OF SUCH MEMBER AS ABOVE)
BECOMES ENTITLED ON MARRIAGE.
(a.) When the Second Wife at the Time of Marriage is of the same Age
as, or older than the First Wife would have been if then alive.
RULE: The pensionis to commence at the amount as determined by
Rule 2 hereof, and to remain stationary at that amount, unless and
until such member's official income is increased or decreased.
(b.)When the Second Wife at the Time of Marriage is younger than
the First Wife would have been if then alive.
RULE: Take the pension as determined by Rule 2 hereof, and multiply
it by the quantity found in Table C corresponding to the respective
ages of the husband and that which his first wife would have
reached if alive at the time of the husband's second marriage;
multiply the last product by the quantity found in Table A cor-
responding to the respective ages of the husband and his second
wife at the time of their marriage. The final product will give the
commencing annual pension to which the second wife will be entitled
on her husband's death, in respect of his official income at the time
of their marriage;and this pension is to remain stationary at that
amount,unless and until such member's official income is increased
or decreased.
EXAMPLE:Thus,if,at the date of re-marriage,the age of such member's
first wife,if then alive,would have been 35,his own age is 45,and
that of the second wife is 30,and if the pension to which the first
wife,if alive,would have been entitled,as found by Rule 2 hereof,is
$237.61,then
$237.61*3.777*.2453-$220.14-second wife's commencing
pension.
B.INCREMENTS ON THE LAST-FOUND PENSIONS.
The second wives' pensions are to be augmented as often as their husbands
have an increase of official income,such augmentatoins to be calcu-
lated according to the principles and in the manner described in
Rule 2 B (b.) hereof,always taking the ages of the husband and
wife as they stand at the date of the increase of official income.
THIRD AND SUBSEQUENT WIVES' PENSIONS.
4.The rules laid down in Rules 2 and 3 hereof will apply,mutatis
mutandis,to the case of a pension to a third or any subsequent wife
of a member as above.It should be borne in mind that the pension
to the last wife,and the age she would have been if alive at the date
of the further marriage,are always to be taken as the basis for esti-
mating the commencing pension to which the new wife is entitled.
PENSIONS TO WIDOWS AND CHILDREN OF SUCH MEMBERS
AS MAY HAVE JOINTED THE PUBLIC SERVICE OF
OTHER COLONIES.
5.The widow's pension should be based upon the estimated acquired
interest that such transferred member has in the then existing Fund at the
date of his transfer.This interest5 may be assessed as shown below:-
A.IF SUCH MEMBER IS A BACHELOR AT THE TIME OF HIS TRANSFER.
First Wife:His interest in the Fund should be taken as at the time of
transfer and according to Rule 2 A;and this amount should be
further accumulated without interest from the time of such transfer
until his first marriage;and the pension thence arising that the
widow is entitled to should be computed by the same Rule-regard
being had to the cessation of further contributions.
EXAMPLE:Thus,if the total contributions of such member during
bachelorhood and up to the time of transfer amount to $200,and
if this sum,when further accumulated without interest,amounts to $300 by the time of his first marriage,and if the ages of himself and
wife at marriage are 30 and 20 respectively,then
$300*.2927=$87.81=wife's pension.
Second Wife:Take the pension as above determined,and multiply it by
the quantity found in Table C corresponding to the respective ages
of the husband and that which his late wife would have reached if
alive at the time of the husband's second marriage;multiply this
last product by the quantity found in Table A corresponding to the
respective ages of the husband and his second wife at the time of
their marriage(vide Rule 2 C).
EXMAPLE:Thus,if,at the date of re-marriage,the age of such husband's
first wife,if then alive,would have been 35,his own age is 45,and
that of his second wife is 30,and if the pension to which the first
wife,if alive,would have been entitled as found above,if $87.81,then
$87.81*3.777*.2453=$81.35=second wife's pension.
Third,etc., Wife:For a third or subsequent wife,take the pension for
the last existing wife,and proceed to adjust it in the manner shown
for the case of the second wife.
B.IF SUCH MEMBER IS MARRIED,OR A WIDOWER,AT THE TIME OF HIS
TRANSFER.
The widow's pension attaching to his then wife,or,if he is a widower,
the pension which is supposed to attach for the benefit of a wife of
the same age as his wife would have been if then alive(vide
Rule 2C),should be abated by just the maount that it would be
increased,corresponding to the amount of contributions that such
member will cease to pay upon transfer from the public service of
the Colony,and according to the principles laid down in the Ordi-
nance.Again,this abated pension should be adjusted upon re-
marriage,in the manner shown in Rule 5,corresponding to the then
ages of the husband and wife.
CHILDREN'S PENSIONS.
6.The children's pensions,being based upon what the widow was re-
ceiving,or would have received,if there had been one,may be calcu-
latred according to the rules contained in Rules 2,3,4,and 5,regard
being had to the conditions laid down by the Ordinance.
GENERAL WORKING.
7.The cost of remittances to and from Europe,with the loss,if any,
upon the exchange,will be borne by the individual beneficiaries
upon whose account these outgoings may be incurred.
ORDINANCES OF HONGKONG
VOL.II
1891-1901
P.594 ORDINANCES OF HONGKONG
VOL.II
1891-1901
P.595 ORDINANCES OF HONGKONG
VOL.II
1891-1901
P.596 ORDINANCES OF HONGKONG
VOL.II
1891-1901
P.597 ORDINANCES OF HONGKONG
VOL.II
1891-1901
P.598 ORDINANCES OF HONGKONG
VOL.II
1891-1901
P.599 ORDINANCES OF HONGKONG
VOL.II
1891-1901
P.600 ORDINANCES OF HONGKONG
VOL.II
1891-1901
P.601 ORDINANCES OF HONGKONG
VOL.II
1891-1901
P.602 ORDINANCES OF HONGKONG
VOL.II
1891-1901
P.603 ORDINANCES OF HONGKONG
VOL.II
1891-1901
P.604 ORDINANCES OF HONGKONG
VOL.II
1891-1901
P.605
shall be lawful for the Legislative Council at any time by resolu-
tion to declare as follows:-
(a) that any article named and described in the said schedule A
shall be deemed to be a poison for the purposes of this Ordinance;
(b) that any article named and described in the schedule to this
Ordinance may be removed therefrom.
3. (1) Whenever it appears to any Justice of the Peace upon the
oath of any person that there is reasonable cause to believe that in
any dwelling-house, shop, or other building or place, or on board
any ship, not being or having the status of a ship of war, within
the Colony, there is concealed or deposited any poison as defined by
section 2 m respect of which an offence has been committed against
Ordinance No. 12 of 1908, or that. any person has conirnitted an
offence against such Ordinance, lie rnay by his warrant direeled to
any officer of police empower such officer by day or bY night-
(a) to enter such dwelling-house, shop, or other building or place,
or to go on board such ship, and there to search for and take
possesion of any such poision in such dwelling-house ,shop,build-
ing, place, or ship;and
(b) to arrest any person being in such dwelling-house shop, or
other buildirlg, or place, or ship, in whose possession, custody or
control such poison may be found, or whoin sneh officer may reason-
ably suspect to have concealed or deposited any such poison in such
dwell ing-bortse, shop, building, place, or ship or thereabout ; and
(c) to arrest any
j person named In such warrant.
(.2) ---Officer of police ' in this section shall be deenied to include
any European revenue officer holding a warrant under section 66
of the Liquors Consolidation Ordinance, 1911.
4. Such officer may, if necessary-
(a) break. open any outer or inner door of such dwelling-house,,
ship, or other building, or place, and enter therein;
(b) forcibly enter such ship and every part 'thereof';
(c) remove by force any obstruction to such entry, search,
seizure and removal as he is empowered to effect.
As amended by No. 29 of 1910, No. 50 of 1911, No. 51 of 1911,
No. 12 of 1912, No. 13 of 1912 and No. 43 of 1912 Supp.
Sched.
As ainended by No. 12 of 1912.
A.D. 1900. Ordinance No. 15 of 1900, with Ordinance No. 28 of 1900 incorporated. Short title. Interpretation of terms. Repealing section not printed. Widows' and Orphans' Fund. Former contributors. Investment of moneys of Fund. Appointment of directors for management of Fund, and powers and duties of directors. Cost of management of Fund. Making of rules and regulations. Abatement from salaries and pensions of existing contributors, etc. Repealed by this Ordinance. Period for which abatement to be made. Contribution of public officer retiring on pension. Right to continue contributions in full on reduced income. Right of public officer retiring or deprived of his office to continue to contribute.Provision for case of public officer transferred to other employment under the Crown. Obligation on public officer to furnish particulars within three months of his appointment. Obligation on public office notify marriage. Obligation on public officer to notify birth of child. Obligation on public officer to notify death or divorce of wife, etc. Penalty for non-complicance with obligation. Persons entitled to pensions. Repeal by this Ordinance. Exclusion from benefits of Fund. Duration of pension to orphan. Computation of pension. Schedule. Provision for case of motherless orphans. Provision for case of widow marrying. Provision of case divorce or separation. Provision for case of widow and children of previous marriage. Pension to children of widower. Mode and condition of payment of pension. Appointment of person to receive payment on behalf of minors. Payment of pension to person acting on behalf of minors in case of desertion. Pension not to be assigned or levied upon. Decision of questions under the Ordinance. Case where widow not entitled to pension. Limitation of amount of pension. Pension not affected by residence of pensioner. Currency of payments. Return of one-half of bachelor's contirbution on retirement. Section 23.
Abstract
A.D. 1900. Ordinance No. 15 of 1900, with Ordinance No. 28 of 1900 incorporated. Short title. Interpretation of terms. Repealing section not printed. Widows' and Orphans' Fund. Former contributors. Investment of moneys of Fund. Appointment of directors for management of Fund, and powers and duties of directors. Cost of management of Fund. Making of rules and regulations. Abatement from salaries and pensions of existing contributors, etc. Repealed by this Ordinance. Period for which abatement to be made. Contribution of public officer retiring on pension. Right to continue contributions in full on reduced income. Right of public officer retiring or deprived of his office to continue to contribute.Provision for case of public officer transferred to other employment under the Crown. Obligation on public officer to furnish particulars within three months of his appointment. Obligation on public office notify marriage. Obligation on public officer to notify birth of child. Obligation on public officer to notify death or divorce of wife, etc. Penalty for non-complicance with obligation. Persons entitled to pensions. Repeal by this Ordinance. Exclusion from benefits of Fund. Duration of pension to orphan. Computation of pension. Schedule. Provision for case of motherless orphans. Provision for case of widow marrying. Provision of case divorce or separation. Provision for case of widow and children of previous marriage. Pension to children of widower. Mode and condition of payment of pension. Appointment of person to receive payment on behalf of minors. Payment of pension to person acting on behalf of minors in case of desertion. Pension not to be assigned or levied upon. Decision of questions under the Ordinance. Case where widow not entitled to pension. Limitation of amount of pension. Pension not affected by residence of pensioner. Currency of payments. Return of one-half of bachelor's contirbution on retirement. Section 23.
Identifier
https://oelawhk.lib.hku.hk/items/show/728
Edition
1901
Volume
v2
Subsequent Cap No.
94
Cap / Ordinance No.
No. 3 of 1900
Number of Pages
27
Files
Collection
Historical Laws of Hong Kong Online
Citation
“WINDOWS' AND ORPHANS' PENSION FUND ORDINANCE, 1900,” Historical Laws of Hong Kong Online, accessed November 17, 2024, https://oelawhk.lib.hku.hk/items/show/728.
