Cap. 254 - Auxiliary Forces Pay and Allowances Ordinance

To make provision for the granting of pay, pensions, gratuities, allowances and other benefits in respect of the auxiliary forces and for connected purposes. (Replaced 20 of 1997 s. 15) [1 April 1967](Format changes—E.R. 1 of 2023) 1. Short title This Ordinance may be cited as the Auxiliary Forces Pay and Allowances Ordinance. 2. Interpretation (1) In this Ordinance, unless the context otherwise requires— (Amended 20 of 1997 s. 16)active service (現役服務) means service pursuant to a full call out or a limited call out;appropriate daily rate of pay (適用日薪額), in respect of a member, means such amount of daily pay as may be fixed by the Finance Committee of the Legislative Council for the classification for his rank; (Replaced 23 of 1979 s. 2)appropriate hourly rate of pay (適用時薪額), in respect of a member, means such amount of hourly pay as may be fixed by the Finance Committee of the Legislative Council for the classification for his rank; (Replaced 23 of 1979 s. 2)auxiliary forces (輔助隊) means—(a) (Repealed 20 of 1997 s. 25)(b) the auxiliary section of the Government Flying Service established under the Government Flying Service Ordinance (Cap. 322); (Replaced 54 of 1992 s. 19)(c) the Hong Kong Auxiliary Police Force established under section 3 of the Hong Kong Auxiliary Police Force Ordinance (Cap. 233); (Amended 57 of 1997 s. 34; L.N. 362 of 1997; 76 of 1999 s. 3)(d) the Essential Services Corps raised under section 4 of the Essential Services Corps Ordinance (Cap. 197) and any unit thereof; (Amended 57 of 1997 s. 34; 58 of 1997 s. 34)(e) the Auxiliary Medical Service raised under section 3 of the Auxiliary Medical Service Ordinance (Cap. 517); and (Added 57 of 1997 s. 34. Amended 58 of 1997 s. 34)(f) the Civil Aid Service raised under section 3 of the Civil Aid Service Ordinance (Cap. 518); (Added 58 of 1997 s. 34)child (子女) means—(a) any child, including an illegitimate child or a step-child, of a member, but (subject to paragraph (aa)) does not include a child of the member adopted by another person; (Amended 28 of 2004 s. 35)(aa) any child of the member adopted by another person under an adoption order granted under paragraph (c) of section 5(1) of the Adoption Ordinance (Cap. 290) where the member is the parent referred to in that paragraph; or (Added 28 of 2004 s. 35)(b) a child who was wholly or mainly dependant upon the deceased member for support, and who had been adopted by the member before the date of the injury which resulted in the death of the member; (Added 20 of 1997 s. 16)classification (級別), in respect of a member, means the pay classification assigned to his rank by notice under section 5;commander (總指揮) means—(a) (Repealed 20 of 1997 s. 25)(b) in relation to the Government Flying Service, the Controller as defined in section 2 of the Government Flying Service Ordinance (Cap. 322); (Replaced 54 of 1992 s. 19)(c) in relation to the Hong Kong Auxiliary Police Force, the Commissioner of Police; (Amended L.N. 362 of 1997)(d) in relation to a unit of the Essential Services Corps other than the Auxiliary Fire Service Unit, the Commissioner appointed under regulation 3 of the Essential Services Corps (General) Regulations (Cap. 197 sub. leg. A); (Amended 57 of 1997 s. 34; 58 of 1997 s. 34)(e) in relation to the Auxiliary Fire Service Unit, the Unit Controller appointed under regulation 2 of the Essential Services (Auxiliary Fire Service) Corps Regulations (Cap. 197 sub. leg. C);(f) in relation to the Auxiliary Medical Service raised under section 3 of the Auxiliary Medical Service Ordinance (Cap. 517), the Commissioner, Auxiliary Medical Service; and (Replaced 57 of 1997 s. 34)(g) in relation to the Civil Aid Service raised under section 3 of the Civil Aid Service Ordinance (Cap. 518), the Commissioner, Civil Aid Service; (Replaced 58 of 1997 s. 34)duty (職責) includes active service, training and any voluntary duty;full call out (全面動員) means a call out made—(a) by the Chief Executive under section 10(1) of the Government Flying Service Ordinance (Cap. 322) or regulation 18 of the Essential Services Corps (General) Regulations (Cap. 197 sub. leg. A) or section 16(1) of the Auxiliary Medical Service Ordinance (Cap. 517) or section 16(1) of the Civil Aid Service Ordinance (Cap. 518); or (Amended 98 of 1970 Schedule; 54 of 1992 s. 19; 20 of 1997 s. 25; 57 of 1997 s. 34; 58 of 1997 s. 34)(b) by the Commissioner of Police with the prior approval of the Chief Executive under section 16(1) of the Hong Kong Auxiliary Police Force Ordinance (Cap. 233); (Amended 71 of 1999 s. 3; 76 of 1999 s. 3)limited call out (有限動員) means—(a) a limited call out made with the prior approval of the Chief Executive under regulation 19 of the Essential Services Corps (General) Regulations (Cap. 197 sub. leg. A); (Amended 98 of 1970 Schedule; 54 of 1992 s. 19; 20 of 1997 s. 25; 71 of 1999 s. 3)(aa) a call out by the Controller under section 10(2) of the Government Flying Service Ordinance (Cap. 322); (Added 54 of 1992 s. 19)(b) a call out by the Commissioner of Police by order under section 16(2) of the Hong Kong Auxiliary Police Force Ordinance (Cap. 233); (Amended 38 of 1980 s. 13; 57 of 1997 s. 34; 76 of 1999 s. 3)(c) a call out by the Director of Fire Services by departmental order under regulation 4 of the Essential Services (Auxiliary Fire Service) Corps Regulations (Cap. 197 sub. leg. C); (Amended L.N. 218 of 1984; 57 of 1997 s. 34; 58 of 1997 s. 34)(d) a call out by the Commissioner, Auxiliary Medical Service under section 16(2) of the Auxiliary Medical Service Ordinance (Cap. 517); or (Added 57 of 1997 s. 34. Amended 58 of 1997 s. 34)(e) a call out by the Commissioner, Civil Aid Service under section 16(2) of the Civil Aid Service Ordinance (Cap. 518); (Added 58 of 1997 s. 34)member (隊員) means any officer or member of the auxiliary forces;pension (撫恤金) means any injury pension, death gratuity or dependant pension granted, payable or paid under this Ordinance; (Added 20 of 1997 s. 16)rank (職級) means any rank, grade, appointment or grouping of members;spouse (配偶), in relation to a member, means—(a) (where the member contracts a marriage and by reason of the form of the marriage he is precluded from being married to another person at the same time) the person to whom the member lawfully married;(b) (where the member contracts a marriage and by reason of the form of the marriage he is or becomes lawfully married to more than one person at the same time) subject to subsection (2), the person whom the member first married;(c) (where the member contracts a lawful Chinese customary marriage) the kit fat or tin fong wife;(d) where paragraphs (a), (b) and (c) are not applicable, the person who can prove to the satisfaction of the Secretary for Security that he cohabits with the member as if he were the spouse of the member; (Added 20 of 1997 s. 16) training (訓練) means duty other than active service, pursuant to an order of the commander of an auxiliary force or any unit thereof;unit (單位) includes a sub-unit;voluntary duty (志願職責) means duty in the circumstances referred to in section 7;year (年) means a period of 12 months commencing on 1 April in each year.(2) For the purpose of paragraph (b) of the definition of spouse, in the event of any wife or husband (as the case may be) eligible for a dependant pension under this Ordinance ceasing to be so eligible and at the same time of such cessation the member was lawfully married as aforesaid to another wife or husband or other wives or husbands (as the case may be), the member shall be deemed for the purposes of this Ordinance to have become a widower or widow (as the case may be) at the time of such cessation and simultaneously to have married the woman or man (as the case may be) who at such time was his wife or husband and whom he married first after his marriage to the wife or husband (as the case may be) who has ceased to be eligible as aforesaid. (Added 20 of 1997 s. 16) 3. Pay, etc. to be paid out of moneys provided by Legislative Council (1) Except where the amount of any gratuity or pension is fixed by or under regulations made under section 16(1)(a) or (b), any pay, allowance, bounty, gratuity and pension payable under this Ordinance shall be of such amounts as may from time to time be fixed by the Finance Committee of the Legislative Council.(2) The sums required to pay any allowance, bounty, gratuity or pension under this Ordinance shall be paid out of moneys provided by the Legislative Council for the purpose.(3) Where a dependant pension is payable under this Ordinance in respect of any death 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 commuted lump sum, determined in accordance with section 6(10) of the Auxiliary Forces Pay and Allowances (Pensions) Regulation (Cap. 254 sub. leg. I). (Amended E.R. 1 of 2023)(4) Where an injury pension is payable under this Ordinance in respect of any 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 injury pension multiplied by 14.(Replaced 20 of 1997 s. 17) 4. Schedule The Secretary for Security may from time to time by notice published in the Gazette amend the Schedule.(Amended 23 of 1979 s. 4) 5. Classification of members and limitation of periods of training (1) The Secretary for Security shall, by notice published in the Gazette, assign to each rank in the auxiliary forces one of the pay classifications specified in the Schedule.(2) The Secretary for Security may specify the maximum aggregate period of training in any year or part of a year for which a member who falls within any pay classification specified in the Schedule shall be eligible for pay and allowances under this Ordinance.(3) A member shall not be eligible for any pay or allowances under this Ordinance for undertaking training in excess of the maximum aggregate period of training specified by the Secretary for Security under subsection (2) in relation to the classification to which he belongs, unless the additional training—(a) has been authorized by his commander; and(b) does not exceed the additional period of training which his commander has been empowered by the Secretary for Security to authorize.(Amended 23 of 1979 s. 5) 6. Limited call out (1) In the event of a limited call out any member so called out shall, from the time of reporting for active service, be eligible to be paid—(a) in respect of active service for less than 8 hours, at the appropriate hourly rate of pay; or(b) in respect of active service for 8 hours or more, at the appropriate daily rate of pay.(2) Where, in the event of a limited call out, a member is engaged in active service for a period of less than 8 hours following immediately upon a period of 24 hours active service he shall be eligible to be paid at the appropriate hourly rate of pay for that period of service of less than 8 hours.(3) Where, in the event of a limited call out, a member is eligible to be paid at the appropriate daily rate of pay, his pay shall be calculated by reference to each period of 24 hours from the time of reporting for active service, whether that period is wholly in one day or partly in one day and partly in another day.(4) Where, in the event of a limited call out, a member is eligible to be paid at the appropriate hourly rate of pay he shall be eligible to be paid the same amount for each hour or part thereof of active service.(5) Notwithstanding that he may be required forthwith to stand down or not to remain on active service, every member who reports for active service pursuant to a limited call out shall be eligible to be paid the amount payable for one hour at the appropriate hourly rate of pay. 7. Voluntary duty Where any member voluntarily reports for and carries out duty other than training, then, if his attendance is certified and approved as duty by his commander or by an officer authorized by his commander, such attendance shall, subject to the approval of the Secretary for Security, be deemed to be service pursuant to a limited call out, and he shall be eligible to be paid in accordance with section 6.(Amended 23 of 1979 s. 6) 8. Full call out (1) In the event of a full call out, any member so called out shall, from the time of reporting for active service, be eligible to be paid—(a) in respect of active service for less than 25 days, at the rates and in the manner provided in section 6; or(b) in respect of active service for 25 days or more, at the monthly rate set out in subsection (2) and in the manner provided in subsection (3).(2) For the purpose of subsection (1)(b), the monthly rate of pay shall be whichever is the greater of—(a) 25 times the appropriate daily rate of pay; or(b) for a member of the Hong Kong Auxiliary Police Force, the monthly salary at the lowest point in the Salary Scale for an officer of equivalent rank in the Hong Kong Police Force; or(c) for a member of the Auxiliary Fire Services Unit or the Civil Aid Service, the monthly salary at the lowest point in the Salary Scale for an officer of equivalent rank in the Fire Services Department; or (Amended 58 of 1997 s. 34)(d) for a member of the Auxiliary Medical Service, the monthly salary at the lowest point in the Salary Scale of an officer of equivalent rank in the Department of Health; or (Amended L.N. 76 of 1989; 57 of 1997 s. 34)(e) for an auxiliary member of the Government Flying Service, the monthly salary at the point in the Salary Scale applicable under paragraph (b) to a member of the Hong Kong Auxiliary Police Force of the same classification; or (Amended 98 of 1970 Schedule; 54 of 1992 s. 19; 20 of 1997 s. 25)(f) for a member of any other unit of the Essential Services Corps, the point in the Salary Scale applicable under paragraph (d) to a member of the Auxiliary Medical Services Unit of the same classification: Provided that, in the case of paragraph (e) or (f), if there is no member of the Hong Kong Auxiliary Police Force or of the Auxiliary Medical Services Unit of the same classification, the monthly salary at the appropriate point in the Salary Scale for an officer of equivalent rank in the Hong Kong Police Force or in the Department of Health, as may be determined by the Chief Executive. (Amended L.N. 76 of 1989; L.N. 362 of 1997; 71 of 1999 s. 3)(3) Where any member is paid at a monthly rate under paragraph (b), (c), (d), (e) or (f) of subsection (2) payment shall be calculated by reference to each calendar month, and the amount payable—(a) in respect of active service for a complete calendar month, shall be the whole amount of the monthly rate; and(b) in respect of active service for less than a complete calendar month, shall bear the same proportion to the whole amount of the monthly rate, as the number of days or part of days served during the calendar month bears to the number of days in that month.(4) For the purposes of subsection (2)—Salary Scale (薪級) means the Salary Scale from time to time approved for the public service by the Legislative Council. 9. Training (1) Every member shall, while undergoing training, be eligible to be paid—(a) in respect of continuous attendance for 8 hours or more in any period of 24 hours, at the appropriate daily rate of pay; and(b) in respect of attendance for less than 8 hours following without interruption upon continuous attendance for 24 hours, at the appropriate hourly rate of pay; and(c) in respect of attendance for less than 8 hours, at the appropriate hourly rate of pay.(2) Where a member is eligible to be paid at the appropriate daily rate of pay, his pay shall be calculated by reference to each period of 24 hours from the time of reporting for training, whether that period is wholly in one day or partly in one day and partly in another day.(3) Where a member is eligible to be paid at the appropriate hourly rate of pay he shall be eligible to be paid the same amount for each hour or part thereof of training. 10. Ration allowance (1) Subject to subsection (2), in respect of attendance for 8 hours or more during which he is not provided with free meals or rations, every member who attends for duty shall, in addition to his pay, be eligible to receive a daily ration allowance of such an amount as may be fixed under section 3: (Amended 39 of 1978 s. 2; 23 of 1979 s. 7)Provided that no member shall be eligible to receive more than one ration allowance in respect of the same period of 24 hours.(2) No member of the Hong Kong Auxiliary Police Force shall be eligible to receive a ration allowance. (Added 39 of 1978 s. 2. Amended L.N. 362 of 1997) 11. Flying allowance An auxiliary member of the Government Flying Service, who pilots or serves in an aircraft while on duty, shall, in addition to his appropriate pay, be eligible to receive a special flying allowance of such an amount as may be fixed under section 3.(Amended 23 of 1979 s. 8; 54 of 1992 s. 19) 12. Payment of public officers on active service (1) Any public officer who is continuously engaged on active service for more than 25 days, shall, if he is eligible to continue to receive salary or wages under such employment, elect either—(a) to continue to receive such salary or wages; or(b) to continue to be paid in respect of such active service in accordance with section 8,and if such member elects to continue to receive such salary or wages, he shall not be eligible to continue to be paid under section 8.(2) Nothing in subsection (1) shall be deemed to prohibit any member being eligible to receive a ration allowance under section 10. 13. Certain persons not eligible for pay under section 9 Any member who is a public officer shall not be eligible to be paid under section 9 for undergoing training with an auxiliary force or unit if he is required to undergo that training as part of his normal duty as a public officer. 14. Prohibition against double pay or allowances A member who undertakes duty with more than one unit shall, except with the permission of the Secretary for Security, be eligible to receive pay or allowances under this Ordinance for undertaking duty with only one such unit.(Amended 23 of 1979 s. 9) 15. Bounty payable for satisfactory service A member who—(a) complies with or is exempt from the requirements of efficiency applicable to the auxiliary force or unit in which he serves;(b) completes during a year the programme of training specified by his commander; and(c) completes during a year a period of continuous training of not less than 7 days to the satisfaction of his commander,shall, if his commander certifies accordingly, be eligible to be paid, in addition to his appropriate daily and hourly pay, a bounty of such amount as may be fixed under section 3.(Amended 23 of 1979 s. 10) 16. Regulations (1) The Chief Executive in Council may make regulations for all or any of the following matters—(a) the payment of gratuities and pensions and the provision of other benefits to members of the auxiliary forces;(b) the payment of gratuities and pensions to widows, widowers, children and other dependants of members of the auxiliary forces;(ba) for the purpose of paragraph (a), the appointment by the Secretary for Security of a medical board and the determination of the composition of the medical board in order to assess and re-assess the extent of injury and the percentage of permanent incapacity of members; (Added 20 of 1997 s. 18)(c) any matter or thing which is to be or may be prescribed under this Ordinance. (Amended 23 of 1979 s. 11; 20 of 1997 s. 18)(2) Without prejudice to the generality of subsection (1), a regulation made under subsection (1) may empower—(a) the Chief Executive—(i) or any person authorized in writing by the Chief Executive, to determine, in such circumstances as may be prescribed in the regulation, the rate of pensions payable;(ii) to grant injury pensions and dependant pensions;(iii) to determine the maximum amount of a death gratuity payable to a person named by him;(iv) to name a person as the recipient of a death gratuity;(v) to appoint an actuary for the purpose of commuting a dependant pension into a lump sum;(vi) to determine the time for the cessation of the payment of a dependant pension to the mother or father of a deceased member;(b) the Secretary for Security—(i) to approve the time and the manner of the payment of an injury pension and a dependant pension;(ii) to approve a longer period for the recipient of a dependant pension to apply for commutation of a dependant pension into a lump sum;(iii) to divide the payment of the lump sum into which a dependant pension has been commuted into parts;(iv) to accept a child as mentally or physically disabled for the payment of a dependant pension;(c) the Permanent Secretary for Education to recognize full-time education at any university, college, school or other educational establishments; (Amended 3 of 2003 s. 41; L.N. 130 of 2007)(d) the Legislative Council to vary the amount of dependant pension by resolution. (Added 20 of 1997 s. 18)(Amended 71 of 1999 s. 3) 17. Regulation for appeal tribunal The Secretary for Security may by regulation provide for the establishment of an appeal tribunal with power to review decisions in relation to a claim for a pension and matters incidental to an appeal to the tribunal.(Added 20 of 1997 s. 19) 18. Pension not assignable (1) A pension granted to a member under this Ordinance shall not be assignable or transferable except for the purpose of—(a) satisfying (either in whole or in part) a debt due to the Government; or(b) satisfying an order of any court for the payment of money towards the maintenance of the spouse or former spouse or minor child of the member,and pensions shall not be liable to be attached, sequestered or levied upon for or in respect of any claim or debt other than a debt due to the Government.(2) (a) Subject to paragraph (b), where any person to whom a pension is granted owes a debt to the Government, the Director of Accounting Services may apply the pension, either in whole or in part, for the satisfaction, or partial satisfaction, of the debt.(b) Where—(i) a person owes a debt to the Government arising otherwise than on account of tax payable under the Inland Revenue Ordinance (Cap. 112); and(ii) the person has not consented to the exercise, in relation to pension granted to him, of the power conferred on the Director of Accounting Services by this subsection,the amount applied in such exercise shall not, as regards such pension, exceed an amount equal to 25% of the pension.(3) Each of the references in this section to pension shall be construed as including a reference to any increase in the pension which is for the time being authorized under section 4 of the Pensions (Increase) Ordinance (Cap. 305).(Added 20 of 1997 s. 19) Schedule* [ss. 4 & 5] Auxiliary Forces Pay Classifications Pay Classification A1 A2 B1 B2 C D E F G I J K L M N P Q R S T U V V1 X Y2 Y1 Y Z AA AB AC AD AE AF AG AG1 AH AI (Schedule replaced L.N. 303 of 1978. Amended 23 of 1979 s. 12; L.N. 276 of 1980) Editorial Note: * For rates of pay and amounts of allowances, see 23 of 1979 s. 14.