Cap. 89 - Pensions Ordinance

To consolidate and amend the law regulating the granting of pensions, gratuities and other allowances in respect of public service. [9 December 1949](Format changes—E.R. 7 of 2020) 1. Short title This Ordinance may be cited as the Pensions Ordinance. 2. Interpretation (1) In this Ordinance, unless the context otherwise requires—authorized increase (特准增加額) has the same meaning as in the Pensions (Increase) Ordinance (Cap. 305); (Added 36 of 1987 s. 36)compensation scheme (補償計劃) means a compensation scheme approved under section 6A; (Added 36 of 1987 s. 36) established office (設定職位) means— (a) in respect of service under the Government an office which—(i) by virtue of provision for the time being in force in an Order made by the Chief Executive and published in the Gazette, is declared to be an established office; and any such Order may specify a date prior to such Order from which the office is deemed to be an established office; and any such Order may from time to time be amended, added to, or revoked by an Order so made and published; but where by virtue of any such amendment or revocation any office ceases to be an established office, then so long as any person holding that office at the time of the amendment or revocation continues therein, the office shall, as respects that person, continue to be an established office; or(ii) immediately preceding the commencement# of this Ordinance was pensionable whether to holders of such office generally or to a particular holder; and such office shall be an established office until it is no longer an established office by virtue of an Order made by the Chief Executive and published in the Gazette; and such Order shall have the like effect as an Order made under subparagraph (i) hereof revoking an Order made under this Ordinance: Provided that no declaration that any office is an established office shall be deemed to imply that any holder thereof who is not on the permanent establishment under the Government at the date of his retirement shall be the holder of an established office; or(iii) by virtue of an Order made by the Chief Executive and published in the Gazette is declared to be deemed to have been an established office; and any such Order may specify the period during which the office is deemed to have been an established office; (Amended 27 of 1952 s. 2; 72 of 1973 s. 2; 36 of 1987 s. 36; 63 of 1999 s. 3) (b) in respect of other public service an office which is for the time being a pensionable office under the law or regulations in force in such service; (Amended 36 of 1987 s. 36) expatriation pay (外地僱員津貼) means a special addition to salary granted in accordance with the provisions of the administrative rules known as the Government Regulations and of any other administrative rules or instruments regulating the public service which govern such pay; (Amended 36 of 1987 s. 36; 63 of 1999 s. 3)highest pensionable emoluments (最高可供計算退休金的薪酬) means the highest pensionable emoluments determined in accordance with the regulations made under this Ordinance; (Added 36 of 1987 s. 36)Judicial Officers Recommendation Commission (司法人員推薦委員會) means the Judicial Officers Recommendation Commission established by the Judicial Officers Recommendation Commission Ordinance (Cap. 92); (Added 36 of 1987 s. 36. Amended 79 of 1995 s. 50)non-established office (非設定職位) means an office in the public service which is not an established office; (Added 36 of 1987 s. 36)notional highest pensionable emoluments (理論上最高可供計算退休金的薪酬) means the highest pensionable emoluments enjoyed or drawn by an officer during his service which are deemed for the purposes of this Ordinance to be increased in value by the same percentage as the authorized increase since the date when he left the service up to the date he attains the age of 55 years or the date of his death, whichever is the earlier; (Added 36 of 1987 s. 36)officer who has elected (已作出選擇的人員) means an officer who, being eligible under Establishment Circular Number 2/67 dated 5 January 1967 and published as Legal Notice Number 3 of 1967 in the Gazette so to elect, has elected under and in accordance with the terms and conditions of the said Establishment Circular that 90% only of substantive salary and 50% only of expatriation pay shall be taken in computing the pension, gratuity or other allowance which may be granted to him under this Ordinance; (Added 5 of 1967 s. 2)other public service (其他公職、其他公職服務) means public service not under the Government; (Amended 36 of 1987 s. 36) pensionable emoluments (可供計算退休金的薪酬) means— (a) in respect of service under the Government after 31 March 1965—(i) substantive salary or, in the case of an officer who has elected, 90% of substantive salary;(ii) expatriation pay or, in the case of an officer who has elected, 50% of expiration pay;(iii) personal allowance; (Amended 4 of 1993 s. 4)(iv) special allowance or, in the case of an officer who has elected, 90% of special allowance; and (Added 19 of 1970 s. 2. Amended 4 of 1993 s. 4)(v) an allowance to be taken as a pensionable emolument under subsection (3), (Added 4 of 1993 s. 4)but does not include any other emoluments whatever; (Replaced 5 of 1967 s. 2. Amended 36 of 1987 s. 36) (b) in respect of other public service emoluments which count for pension in accordance with the law or regulations in force in such service; pensionable emoluments enjoyed (享有的可供計算退休金的薪酬) in relation to an officer on leave without salary includes the pensionable emoluments that he would have enjoyed if he had been on duty on full pensionable emoluments; (Added 26 of 1982 s. 2)pensionable service (可供計算退休金的服務期、可供計算退休金的服務) means service which may be taken into account in computing pension; (Added 26 of 1982 s. 2)personal allowance (個人津貼) means a special addition to salary granted personally to the holder for the time being of the office, but does not include such an addition if it is granted subject to the condition that it shall not be pensionable; public service (公職、公職服務) means— (a) service in a civil capacity under the Government or any country or territory in the Commonwealth; (Amended 36 of 1987 s. 36; 63 of 1999 s. 3) (b) service under the East Africa High Commission, the East African Common Services Organization, the East African Posts and Telecommunications Administration, the East African Railways and Harbours Administration, the East African Community, the East African Harbours Corporation, the East African Posts and Telecommunications Corporation, the East African Railways Corporation or any of their successor authorities; (Replaced 34 of 1970 s. 2. Amended 36 of 1987 s. 36) (c) service which is pensionable—(i) under the Oversea Superannuation Scheme;(ii) under any Acts relating to the superannuation of teachers in the United Kingdom;(iii) under a local authority in the United Kingdom; or(iv) under the National Health Service of the United Kingdom; (d) any other service that the Governor has determined to be public service for the purposes of this Ordinance; (Amended 36 of 1987 s. 36) (e) except for the purposes of computation of a pension or gratuity and of section 9, service in respect of which a pension may be granted under the Governor’s Pensions Act 1957 (1957 c. 62 U.K.) or the Governors’ Pension Scheme 1979 or any Act or Scheme amending or replacing that Act or Scheme; (Amended 36 of 1987 s. 36) (f) service as the holder of the office of President, Vice-President, Justice of Appeal, Registrar, officer or servant of the Court of Appeal for Eastern Africa or the Court of Appeal for East Africa; (Replaced 34 of 1970 s. 2) (g) service in the service of the Interim Commission for the West Indies; (Added 13 of 1966 Schedule) (h) pensionable service with the British Telecommunication and the Post Office, United Kingdom of Great Britain and Northern Ireland; (Added 34 of 1970 s. 2. Amended 36 of 1987 s. 36) Public Service Commission (公務員敍用委員會) means the Public Service Commission established by the Public Service Commission Ordinance (Cap. 93); (Added 78 of 1970 s. 2. Amended 15 of 1979 s. 8) public service in a civil capacity under the Government (以文職身分任職於政府的公職服務) shall be deemed to include, as service in a non-established office— (a) service, other than service as a doctor, in a Chinese Public Dispensary administered by the Chinese Public Dispensaries Committee under the then Secretary for Home Affairs, and (b) service under the District Watch Force administered by the District Watch Committee under the then Secretary for Home Affairs, when such service has been followed without a break by service under the Government; and the period from 25 December 1941 to 31 March 1947 shall be subject to the provisions of section 20 as though such service prior to 25 December 1941 as is included in paragraphs (a) and (b), was service under the Government; (Amended L.N. 22 of 1969; 36 of 1987 s. 36) qualifying service (符合領取退休金資格的服務期) means service which may be taken into account in determining whether an officer is eligible by length of service for pension, gratuity or other allowance; (Added 26 of 1982 s. 2)salary (薪金) means the salary attached to an established office or, where provision is made for taking service in a non-established office into account as pensionable service, the salary attached to that office; (Amended 36 of 1987 s. 36)Secretary (公務員事務局局長) means the Secretary for the Civil Service; (Added 3 of 1992 s. 26. Amended L.N. 362 of 1997)special allowance (特別津貼) means a special addition to salary declared to be pensionable as a special allowance by a resolution of the Legislative Council under section 2A; (Added 19 of 1970 s. 2) spouse (配偶) in relation to an officer— (a) (where the officer 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) means the person to whom the officer is lawfully married; (b) (where the officer 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) means, subject to section 18(3)(a), the person whom the officer first married; (c) (where the officer contracts a lawful Chinese customary marriage) means the kit fat or tin fong wife; (Added 3 of 1993 s. 26) surviving spouse (尚存配偶) in relation to an officer means the person who is the spouse of the officer at the time of his death. (Added 3 of 1993 s. 26)(2) For the avoidance of doubts it is hereby declared that, where an officer has been confirmed in an established office and is thereafter appointed to another established office, then, unless the terms of such appointment otherwise require, such last mentioned office is, for the purposes of this Ordinance, an office in which he has been confirmed. (Amended 36 of 1987 s. 36)(3) Where the Chief Executive considers that it is appropriate to do so, he may direct that any allowance received by an officer in respect of an acting appointment shall be taken as pensionable emoluments. (Added 4 of 1993 s. 4. Amended 63 of 1999 s. 3) Editorial Note: # Commencement date: 9 December 1949. 2A. Power of Legislative Council to declare a special allowance pensionable (1) The Legislative Council may by resolution declare a special addition to salary to be pensionable as a special allowance for the purposes of this Ordinance.(2) A resolution under subsection (1) shall specify the date from which it shall have effect and such date may be before the date on which the resolution is passed but shall not be before 1 November 1967.(Added 19 of 1970 s. 3) 2B. Delegation of powers by the Chief Executive The Chief Executive may delegate the Secretary for the Civil Service or a Deputy Secretary for the Civil Service to exercise the power to make orders in respect of an established office conferred on him by the definition of established office in section 2; and thereupon, or from the date specified by the Chief Executive, the person delegated shall have and may exercise such power.(Added 73 of 1979 s. 2. Amended 36 of 1987 s. 36; 63 of 1999 s. 3) 2C. Application (1) Subject to subsection (2), this Ordinance applies to every officer who is appointed or re-appointed to service under the Government before the date of commencement* of the Pension Benefits Ordinance (Cap. 99), whether on transfer from other public service or otherwise, on terms which attract pension, gratuity or other allowance.(2) This Ordinance shall not apply to a serving officer within the meaning of the Pension Benefits Ordinance (Cap. 99) to whom that Ordinance applies by virtue of section 4(1)(b) or (c) of that Ordinance.(3) This Ordinance does not apply to an officer to whom the Pension Benefits (Judicial Officers) Ordinance (Cap. 401) applies by virtue of section 3(1)(b), (c) or (d) of that Ordinance. (Added 85 of 1988 s. 45)(Added 36 of 1987 s. 36) Editorial Note: * Commencement date: 1 July 1987. 3. Pension regulations (1) Pensions, gratuities and other allowances shall be granted by the Chief Executive in accordance with the regulations under this Ordinance to officers who have been in the service under the Government and to the dependants of such persons where such service is terminated by death: Provided that where a pension, gratuity or other allowance is expressed to be grantable by the Chief Executive in Council such pension, gratuity or other allowance shall be granted only by the Chief Executive in Council. The said regulations may from time to time be amended, added to, or revoked by regulations made by the Chief Executive in Council, and all regulations so made shall be published in the Gazette and laid before the Legislative Council. (Amended 36 of 1987 s. 36; 63 of 1999 s. 3)(2) The expression this Ordinance (本條例) shall, wherever it occurs in this Ordinance, be construed as including a reference to the regulations made thereunder.(3) Whenever the Chief Executive in Council is satisfied that it is equitable that any regulation made under this section should have retrospective effect in order to confer a benefit upon or remove a disability attaching to any person that regulation may be given retrospective effect for that purpose: (Amended 63 of 1999 s. 3) Provided that no such regulation shall have retrospective effect unless it has received the prior approval of the Legislative Council signified by resolution. (4) Any pension, additional pension, gratuity or ex gratia payment granted to an officer under this Ordinance shall be computed in accordance with the provisions relating to such officer which are in force at the actual date of his retirement, death or injury, as the case may be. (Replaced 98 of 1994 s. 4)(5) Subsection (4), as enacted by section 4 of the Pensions Ordinances (Miscellaneous Amendments) Ordinance 1994 (98 of 1994), is deemed to have come into operation on 1 February 1993. (Added 98 of 1994 s. 4) 4. Pensions, etc., to be charged on general revenue There shall be charged on and paid out of the general revenue all such sums of money as may from time to time be granted by way of pension, gratuity or other allowance in pursuance of this Ordinance.(Amended 36 of 1987 s. 36) 5. Pensions, etc. to be of right Except as otherwise provided in this Ordinance, the entitlement to pension, gratuity or other allowance under this Ordinance shall be a right.(Replaced 36 of 1987 s. 36) 6. Circumstances in which pension may be granted (1) Subject to subsection (2), unless otherwise provided under this Ordinance or regulations made thereunder no pension, gratuity or other allowance shall be granted under this Ordinance to any officer holding an established office except on his retirement from the public service in one of the following cases— (Amended 36 of 1987 s. 36)(a) in the case of a judge or a district judge—(i) on or after attaining the age of 55 years; or(ii) on or after attaining the age of 45 years when such retirement is with the approval of the Chief Executive; (Replaced 34 of 1970 s. 3. Amended 2 of 1976 s. 3; 36 of 1987 s. 36)(aa) in the case of an officer other than a judge or a district judge, on or after attaining the normal age of retirement, as provided in section 8, or the age of 45 years when such retirement is with the approval of the Chief Executive; (Added 34 of 1970 s. 3. Amended 2 of 1976 s. 3; 36 of 1987 s. 36)(b) in the case of transfer to other public service—(i) on his retirement on or after attaining the age at which he is permitted by the law or regulations of the service in which he is last employed to retire on pension; or(ii) on his retirement in any other circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on pension or gratuity,but subparagraph (ii) shall not apply in the case of a female officer who retires for the reason that she has or is about to be married; (Replaced 36 of 1987 s. 36)(c) on the abolition of his office;(d) on compulsory retirement for the purpose of facilitating improvement in the organization of the department to which he belongs, by which greater efficiency or economy may be effected;(e) on medical evidence to the satisfaction of the Chief Executive that he is incapable by reason of any infirmity of mind or body of discharging the duties of his office and that such infirmity is likely to be permanent; (Amended 36 of 1987 s. 36)(f) (Repealed 36 of 1987 s. 36)(g) on retirement in circumstances, not mentioned in the preceding paragraphs of this section, rendering him eligible for a pension under the Pensions (Governors of Dominions, &c.) Acts 1911 to 1947 (1947 c. 12 U.K.);(h) on retirement in accordance with any compensation scheme; (Added 36 of 1987 s. 36)(i) subject to subsection (2), on retirement in the public interest; (Added 36 of 1987 s. 36)(j) subject to subsection (2), on compulsory retirement in exercise of disciplinary powers of punishment by the Government: (Added 36 of 1987 s. 36) Provided that a gratuity may be granted to a female officer, in accordance with the provisions of this Ordinance, who retires for the reason that she has married or is about to marry, notwithstanding that she is not otherwise eligible under this section for the grant of any pension, gratuity or other allowance. (2) Unless otherwise directed by the Chief Executive, pension, gratuity or other allowance granted to an officer to whom subsection (1)(i) or (j) applies shall not be payable until the officer attains the age of 55 years. (Added 36 of 1987 s. 36)(3) A pension shall be paid in monthly instalments, or less frequently if so requested by the recipient. (Added 4 of 1993 s. 5)(Amended 63 of 1999 s. 3) 6A. Compensation scheme For the purposes of section 6(1)(h) the Chief Executive in Council may, from time to time, approve a compensation scheme which— (Amended 4 of 1993 s. 6; 63 of 1999 s. 3)(a) shall apply to such officers as are specified in the scheme;(b) may provide for the payment of compensation, pension, gratuity or other allowance and additional benefits to officers on their retirement, the commutation of pension, gratuity or other allowance, the payment of death gratuities to dependants of officers, and for other matters relating thereto, other than in accordance with this Ordinance; and(c) shall provide for the circumstances under which compensation and other benefits are payable under the scheme.(Added 36 of 1987 s. 36) 7. Discretionary power to grant ex gratia payment where officer leaves the public service Where an officer leaves the public service and a pension or gratuity cannot, except by the application of section 20A, be granted to him under this Ordinance, the Chief Executive may, if he thinks fit, grant such ex gratia payment to the officer as he thinks just and proper.(Replaced 36 of 1987 s. 36. Amended 4 of 1993 s. 7; 63 of 1999 s. 3) 7A. Removal of judge or district judge from office If a judge or a district judge is removed from office by the Chief Executive by instrument under the Public Seal, the Chief Executive may, if he thinks fit, grant to him such pension, gratuity or other allowance as he thinks just and proper.(Added 2 of 1976 s. 4. Amended 63 of 1999 s. 3) 8. Compulsory retirement (1) The normal age of retirement of an officer, other than a judge or a district judge, holding an established office shall be on attaining the age of 55 years: Provided that— (a) the Chief Executive may approve any such officer’s continued service after attaining such age; (b) a female who held an established office on 1 April 1957 may elect to retire on attaining the age of 50 years by giving to the Chief Executive notice in writing of such election on or before attaining the age of 49 years and such election shall be irrevocable. (Replaced 34 of 1970 s. 4. Amended 2 of 1976 s. 5; 36 of 1987 s. 36; 63 of 1999 s. 3) (2)-(3) (Repealed 36 of 1987 s. 36) 9. Maximum pension (1) Except in cases referred to in subsection (2), a pension (or in the case of more than one pension, the total of the pensions) granted to an officer under this Ordinance shall not exceed two-thirds of—(a) the highest pensionable emoluments enjoyed or drawn by him; or(b) the notional highest pensionable emoluments deemed to have been enjoyed or drawn by him in the course of his service under the Government,whichever is the greater. (Replaced 36 of 1987 s. 36)(2) An officer who shall have been granted a pension in respect of other public service shall not at any time draw from the general revenue an amount of pension which, when added to the amount of any pension or pensions drawn in respect of other public service, exceeds two-thirds of the highest pensionable emoluments enjoyed or drawn by him at any time in the course of his public service: (Amended 26 of 1982 s. 4; 36 of 1987 s. 36)Provided that where an officer receives in respect of some period of public service both a gratuity and a pension, the amount of such pension shall be deemed for the purpose of this subsection to be—(a) where the right to commute any part of a pension in return for payment of a gratuity has been exercised, the amount if that right had not been exercised; or(b) in all other cases, four-thirds of its actual amount. (Amended 13 of 1962 s. 4)(3) Where the limitation prescribed by subsection (2) operates, the amount of the pensions to be drawn from the general revenue shall be subject to the approval of the Chief Executive and determined with due regard to the amount of any pension or pensions to be drawn in respect of other public service. (Amended 36 of 1987 s. 36; 63 of 1999 s. 3)(4) An additional pension granted to an officer under regulation 31 of the Pensions Regulations (Cap. 89 sub. leg. A) in respect of injury shall not be taken into account for the purpose of subsections (1), (2) and (3); but where the officer is granted any such additional pension, the amount thereof together with any authorized increase on the additional pension from the date of the injury to the date when the additional pension is paid for the first time and any other pension or pensions granted to him shall not exceed five-sixths of—(a) the highest pensionable emoluments enjoyed or drawn by him; or(b) the notional highest pensionable emoluments deemed to have been enjoyed or drawn by him in the course of his service,whichever is the greater. (Replaced 36 of 1987 s. 36)(5) For the purposes of subsections (1), (2) and (4), in determining the highest pensionable emoluments enjoyed by an officer in respect of a period of absence from duty on leave without salary, regard shall only be had to the pensionable emoluments that an officer would have enjoyed if he had been on duty on full pensionable emoluments where—(i) the officer has since expiration of that period of absence, (taking the earliest period first if there is more than one) completed an equal period of service on duty or leave with salary (other than leave immediately preceding retirement); or(ii) the officer retires in one of the cases referred to section 6(1)(c), (d) or (e); or (Amended 80 of 1997 s. 102)(iii) the Chief Executive in any case so directs. (Added 26 of 1982 s. 4. Amended 63 of 1999 s. 3)(Amended E.R. 1 of 2015) 10. (Repealed 36 of 1987 s. 36) 11. Suspension of pension on reappointment, etc. If a person to whom a pension has been granted under this Ordinance is reappointed to the public service, or appointed to service in a subvented organization which is for the purposes of this section determined to be public service by the Chief Executive by notice in the Gazette, payment of the pension may, with the person’s consent, be suspended during the period of his service in the public service or the organization, as the case may be.(Replaced 4 of 1993 s. 8. Amended 63 of 1999 s. 3) 12. Pensions etc. not to be assignable (1) Save as otherwise provided by the Public Officers (Assignment of Emoluments) Ordinance (Cap. 363), a pension (including a deferred pension), gratuity or other allowance granted 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 officer to whom such pension gratuity or other allowance was granted,and no such pension, gratuity or other allowance shall be liable to be attached, sequestered or levied upon for or in respect of any claim or debt other than a debt due to the Government.(2) (a) Where any person to whom a pension (including a deferred pension), gratuity or other allowance is granted under this Ordinance owes a debt to the Government, subject to paragraph (b), the Director of Accounting Services may apply that pension, gratuity or other allowance, 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 a pension (including a deferred pension), gratuity or other allowance so granted to him, of the power conferred on the Director of Accounting Services by this subsection,the amount applied in such exercise shall not, as regards a particular such pension, gratuity or other allowance, exceed an amount equal to 25% thereof.(3) Each of the references in this section either to a deferred or other pension or to an allowance (other than a gratuity) shall be construed as including a reference to any increase in the pension or allowance which is for the time being authorized under section 4 of the Pension (Increase) Ordinance (Cap. 305).(Replaced 61 of 1988 s. 8(1)) 12A. Operation of section 12 Section 12, as enacted by section 8(1) of the Pension Benefits (Miscellaneous Amendments) Ordinance 1988 (61 of 1988), shall be deemed to have come into operation on 1 July 1987.(61 of 1988 s. 8(2) incorporated) 13. Pensions, etc., to cease on bankruptcy (1) If any person to whom a pension or other allowance has been granted under this Ordinance is adjudicated bankrupt or is declared insolvent by judgment of any competent court, then such pension or allowance shall forthwith cease.(2) If any person is adjudicated bankrupt or declared insolvent as aforesaid either—(a) after retirement in circumstances in which he is eligible for pension or allowance under this Ordinance but before the pension or allowance is granted; or(b) before such retirement, and he shall not have obtained his discharge from bankruptcy or insolvency at the date of retirement,then, in the former case any pension or allowance eventually granted to him shall cease as from the date of adjudication or declaration as the case may be and, in the latter case, the pension or allowance may be granted, but shall cease forthwith and not become payable.(3) Where a pension or allowance ceases by reason of this section, it shall be lawful for the Chief Executive, from time to time during the remainder of such person’s life, or during such shorter period or periods, either continuous or discontinuous, as the Chief Executive shall think fit, to direct all or any part of the moneys to which such person would have been entitled by way of pension or allowance, had he not become bankrupt or insolvent, to be paid to, or applied for the maintenance or benefit of all or any to the exclusion of the other or others, of the following, that is to say, such person and any spouse, child or children of such person, or such other of his dependants as the Chief Executive may determine, in such proportions and manner as the Chief Executive thinks proper, and such moneys shall be paid or applied accordingly. (Amended 55 of 1972 s. 4; 36 of 1987 s. 36; 63 of 1999 s. 3)(4) Moneys applied for the discharge of the debts of the person whose pension or allowance has so ceased shall, for the purposes of this section, be regarded as applied for his benefit.(5) Where, by reason of subsection (1) or (2), payment to a person of a pension or other allowance granted to him is not being made and the person obtains his discharge from bankruptcy or insolvency, as the case may be, payment of the pension, allowance or pension and allowance, as may be appropriate, shall be restored to him as from the date on which he is so discharged. (Replaced 36 of 1987 s. 36) 14. Power not to grant, or to cancel or reduce, pension or allowance (1) Subject to subsection (5) and to section 15A, a designated officer may—(a) refuse to grant a pension or allowance to a person if it be shown to the designated officer that the person wilfully suppressed facts that are material to the grant of a pension or allowance; or(b) cancel or reduce a pension or allowance granted to a person if it be shown to the designated officer that the pension or allowance was obtained by the wilful suppression by the person of facts, or that it was granted in ignorance of facts, which were such that had they been known before the retirement of the person, the pension or allowance would not have been granted or would only have been granted in part.(2) Subject to subsection (6) and to section 15A, a designated officer may—(a) refuse to grant a pension or allowance; or(b) cancel or reduce a pension or allowance granted,to an officer to whom section 6(1)(a) or (aa) or regulation 26(4)(b) or (bb) of the Pensions Regulations (Cap. 89 sub. leg. A) applies, if it be shown to the designated officer that— (Amended 4 of 1993 s. 9; E.R. 7 of 2020)(i) the officer retired during any disciplinary proceedings brought against him by the Government; and(ii) had such proceedings been completed or taken place they would, in the opinion of the Public Service Commission, have led to the dismissal of the officer from the service or compulsory retirement in the exercise of disciplinary powers of punishment by the Government with a reduction of the pension or allowance granted to him.(3) A cancellation or reduction of pension or allowance made by a designated officer under subsection (1) or (2) shall be effective as from such date as the designated officer shall determine, and in the case of a reduction of pension or allowance the reduction shall be by such amount, not exceeding 25% of the pension or allowance, as the designated officer shall determine.(4) Where, under this section, a designated officer refuses to grant a pension or allowance to a person or officer, a pension or allowance, as the case may be, shall accordingly not be granted to that person or officer.(5) Before a designated officer, acting under subsection (1)— (Amended E.R. 7 of 2020)(a) refuses to grant a pension or allowance; or(b) cancels or reduces a pension or allowance granted,to a person who holds or who, immediately before leaving the public service, held—(i) a judicial office, as defined in the Public Service Commission Ordinance (Cap. 93), he shall take into consideration the advice of the Judicial Officers Recommendation Commission; (Amended 79 of 1995 s. 50)(ii) an office in the public service other than an office specified in section 6(2) of, or the First Schedule to, the Public Service Commission Ordinance (Cap. 93), he shall take into consideration the advice of the Public Service Commission.(6) As regards the exercise of any power under subsection (2) to—(a) refuse to grant a pension or allowance; or(b) cancel or reduce a pension or allowance granted,to an officer who holds or who, immediately before leaving the public service, held—(i) a judicial office, as defined in the Public Service Commission Ordinance (Cap. 93), a designated officer shall, before exercising the power, take into consideration the advice of the Judicial Officers Recommendation Commission; (Amended 79 of 1995 s. 50)(ii) an office in the public service other than an office specified in section 6(2) of, or the First Schedule to, the Public Service Commission Ordinance (Cap. 93), a designated officer shall, before exercising the power, take into consideration the advice of the Public Service Commission.(7) (a) In this section and sections 15 and 15A designated officer (指定人員) has the meaning assigned to it by section 2(1) of the Pension Benefits Ordinance (Cap. 99).(b) For the purpose of giving effect to this section and sections 15 and 15A—(i) section 29A(1) of the Pension Benefits Ordinance (Cap. 99), shall be construed and have effect as if “the Pensions Ordinance” were substituted for “this Ordinance”; and(ii) the reference in section 29B of the Pension Benefits Ordinance (Cap. 99) to a requirement under section 29A(7) of that Ordinance shall be construed as including a reference to a requirement under section 15A(6).(Replaced 86 of 1988 s. 6) 15. Pension, gratuity or allowance may be cancelled, suspended or reduced on conviction, etc. (1) Where—(a) an officer to whom a pension or allowance has been granted— (Amended L.N. 63 of 1992)(i) is convicted of any offence in connection with the public service under the Government, being an offence which is certified by the Chief Executive to have been gravely injurious to Hong Kong or to be liable to lead to serious loss of confidence in the public service; (Amended 63 of 1999 s. 3)(ii) is convicted of any offence under Part II of the Prevention of Bribery Ordinance (Cap. 201), being an offence related to the person’s previous public service under the Government; or(iii) is convicted of any offence endangering national security; or (Amended 6 of 2024 s. 131)(b) an officer is compulsorily retired in the exercise of disciplinary powers of punishment by the Government following a conviction of any offence referred to in paragraph (a),the pension or allowance which has been granted to him may be cancelled, suspended or reduced, or he may not be granted a pension, gratuity or allowance, as the case may be.(2) If after the retirement of an officer in circumstances in which he is eligible for a pension, gratuity or allowance but before the pension, gratuity or allowance is granted he is convicted and sentenced as specified in subsection (1)(a), any pension, gratuity or allowance eventually granted to him may be cancelled, suspended or reduced.(3) Subject to section 15A, the power under subsection (1) or (2) to cancel, suspend, reduce or refuse to grant a pension, allowance or gratuity shall be exercisable by a designated officer. (Replaced 86 of 1988 s. 7)(4) Where, under this section, a designated officer refuses to grant a pension, allowance or gratuity to an officer or person, a pension, allowance or gratuity, as the case may be, shall accordingly not be granted to that officer or person. (Replaced 86 of 1988 s. 7)(5)-(7) (Repealed 86 of 1988 s. 7)(Replaced 36 of 1987 s. 36) 15A. Provisions supplementary to sections 14 and 15 (1) For the purposes of section 15(1) and (2), a designated officer may determine—(a) whether a pension, gratuity or allowance shall be cancelled, suspended or reduced, or shall not be granted, as the case may be;(b) the date from which, subject to subsection (11), a pension, gratuity or allowance shall be cancelled, suspended or reduced; and(c) in the case of a reduction in a pension, gratuity or allowance, the amount of the reduction not exceeding 25% of the pension, gratuity or allowance.(2) (a) Before a designated officer exercises a power conferred on him by section 14 or 15, he shall by a communication in writing addressed to the officer or other person concerned inform him that exercise of such a power in relation to him is being considered and why such exercise is being considered.(b) The communication referred to in paragraph (a) shall state that, within a period specified in the communication (being a period ending not earlier than 30 days after the date of the communication) or such longer period as the designated officer may allow, the officer or other person to whom it is addressed may make representations to the designated officer as regards the exercise in relation to him of a power conferred on the designated officer by section 14 or 15.(c) A person to whom a communication referred to in paragraph (a) is addressed shall notify in writing the designated officer of an intention of his to make representations referred to in paragraph (b).(d) The officer or other person to whom a communication referred to in paragraph (a) is addressed shall, within the period specified in the communication (or such longer period as the designated officer may allow), be afforded an opportunity of stating in writing, or having so stated on his behalf, why any of the powers conferred by section 14 or 15 on a designated officer should not be exercised in relation to him.(e) Where—(i) a communication referred to in paragraph (a) is issued; and(ii) the period specified in the communication has expired; and(iii) a notification referred to in paragraph (c) is not received by the designated officer from the person to whom the communication is addressed; and(iv) an application to extend the period specified in the communication is not so received, or where such an application is so received, it is disallowed,notwithstanding the absence of representations referred to in paragraph (b), the designated officer may exercise in relation to such person a power conferred on such officer by section 14 or 15.(3) A designated officer shall not exercise a power conferred on him by section 14 or 15 without having had regard to the submission (if any) made to him or on behalf of the officer or other person concerned pursuant to this section.(4) Where a designated officer exercises a power conferred on him by section 14 or 15, he shall forthwith notify in writing the officer or other person concerned.(5) A person who is aggrieved by a decision of a designated officer made in the exercise of a power under section 14 or 15 may, within the period of 30 days beginning on the date of the notification of the decision, or such longer period as the Chief Executive may permit, petition the Chief Executive against the decision. (Amended 63 of 1999 s. 3)(6) Where the Chief Executive receives a petition under subsection (5), he may, by a letter addressed to a member of the panel established by section 29B of the Pension Benefits Ordinance (Cap. 99) (in this section referred to as the Panel), require the Panel to consider and report to him on the petition, and where the Chief Executive makes such a requirement—(a) the Panel shall comply with the requirement; and(b) before he determines the petition, the Chief Executive shall have regard to the report of the Panel. (Amended 63 of 1999 s. 3)(7) In determining a petition under subsection (6) the Chief Executive may, as he thinks fit, confirm, vary or reverse the decision to which the petition relates. (Amended 63 of 1999 s. 3)(8) Where a pension, gratuity or allowance is cancelled or suspended in accordance with a determination under subsection (1), the Chief Executive may direct that all or any part of the moneys to which the officer or other person concerned would have been entitled by way of pension, gratuity or allowance had he not been convicted and sentenced as specified in section 15(1)(a) or retired as specified in section 15(1)(b) be paid or applied in the same manner and in all respects as is provided for in section 13(3), and where the Chief Executive so directs the moneys to which the direction relates shall be paid or applied in accordance with the direction. (Amended 63 of 1999 s. 3)(9) Where a person whose pension or allowance has been cancelled or suspended, or has been reduced, in accordance with a determination under subsection (1) receives a free pardon, the pension or allowance to which such person would have been entitled had he not been convicted and sentenced as specified in section 15(1) shall be restored to him with retrospective effect as from the date of cancellation, suspension or reduction; but in determining whether any arrears of such pension or allowance are payable to such person and in computing the amount thereof account shall be taken of all moneys paid or applied under subsection (8) or, where a pension or allowance has been reduced, paid as a reduced pension or allowance.(10) Where a person whose pension or allowance has been cancelled or suspended, or has been reduced, in accordance with a determination under subsection (1), has served any sentence of imprisonment imposed on conviction, the Chief Executive may direct that the pension or allowance to which such person would have been entitled had he not been convicted and sentenced as specified in section 15(1) shall be restored to him as from the date on which he completes serving the sentence of imprisonment or any later date as the Chief Executive shall specify in the direction, and where the Chief Executive so directs, the pension or allowance to which the direction relates shall be restored in accordance with the direction. (Amended 63 of 1999 s. 3)(11) Where a designated officer exercises a power conferred on him by section 14 or 15, the relevant cancellation, suspension or reduction, as the case may be, shall not come into operation—(a) in case no petition is brought under subsection (5) as regards the exercise, until the time for bringing such petition has expired; or(b) in case such a petition is brought, before the petition is either determined or withdrawn.(Added 86 of 1988 s. 8) 16. Pension or allowance may be suspended on certain post-retirement employment (1) The Chief Executive may direct that any pension or allowance granted to a person shall be suspended as from such date as the Chief Executive shall specify if such person has, within 2 years after his retirement and without the prior permission in writing of the Chief Executive—(a) entered business on his own account;(b) become a partner in a partnership;(c) become a director of a company; or(d) become an employee,if the principal part of such business or the business of such partnership or company or of his employment is, in the opinion of the Chief Executive, carried on in Hong Kong, and such direction shall be forthwith notified in writing by the Secretary to the person concerned. (Amended 10 of 2005 s. 194)(2) The Chief Executive may specify a period of more than 2 years for the purposes of subsection (1) where he thinks fit, and such specification shall be forthwith notified in writing by the Secretary to the person concerned. (Amended 10 of 2005 s. 194)(3) A person who is aggrieved by any direction under subsection (1) or any specification under subsection (2) may, within 30 days of the notification to him of the direction or specification or such longer period as the Chief Executive may in any particular case permit, petition the Chief Executive against the direction or specification and the Chief Executive may confirm, vary or reverse the direction or specification as he thinks fit.(4) Where a person whose pension or allowance has been suspended under subsection (1) ceases to be engaged in any of the capacities specified in that subsection, the Chief Executive may, if he is satisfied that the person has so ceased to be engaged, direct that the pension or allowance shall be restored to him with retrospective effect as from the date of cesser of the engagement or any later date as the Chief Executive shall specify, and the pension or allowance shall be restored accordingly.(Replaced 36 of 1987 s. 36. Amended 63 of 1999 s. 3) 17. Death gratuity or ex gratia payment (1) Subject to subsection (8), where an officer, who is not on agreement and who has completed not less than 2 years’ qualifying service, dies while in service under the Government, there shall be paid a death gratuity of an amount not exceeding—(a) his annual pensionable emoluments; or(b) the commuted pension gratuity which he would have received had he retired at the date of his death and opted for reduction of his pension by 25% under regulation 23 of the Pensions Regulations (Cap. 89 sub. leg. A), whichever is the greater.(1A) Where an officer who is not on agreement and who has completed less than 2 years’ qualifying service dies while in service under the Government, there shall be paid an ex gratia payment of an amount equal to—(a) where the officer has completed less than 1 year’s qualifying service, one fourth of his annual pensionable emoluments; or(b) where the officer has completed not less than 1 year’s qualifying service, half of his annual pensionable emoluments. (Added 3 of 1993 s. 27)(2) In computing a commuted pension gratuity for the purposes of subsection (1), the officer’s service shall be deemed to include any period of untaken vacation leave for which an ex gratia payment corresponding to the salary for that period has been granted.(3) Where a pensioner dies after retirement from service under the Government, there shall be paid a death gratuity of an amount equal to—(a) in case any pension and gratuity are already paid to him—(i) his annual pensionable emoluments; or(ii) the commuted pension gratuity which he would have received on retirement had he opted for reduction of his pension by 25% under regulation 23 of the Pensions Regulations (Cap. 89 sub. leg. A),whichever is the greater, less the pension and gratuity already so paid, but excluding any additional pension granted under regulation 31 of the Pensions Regulations (Cap. 89 sub. leg. A); (Amended E.R. 7 of 2020)(b) in case neither a pension nor a gratuity is so paid—(i) his annual pensionable emoluments; or(ii) the commuted pension gratuity which he would have received on retirement had he opted for the maximum reduction of his pension under the said regulation 23, plus any increase which would have fallen to be paid had section 4(2) of the Pensions (Increase) Ordinance (Cap. 305) applied to the gratuity as it applies to a commuted pension gratuity within the meaning of the Pension Benefits Ordinance (Cap. 99),whichever is the greater.(4) Subject to subsection (5), in the case of an officer who dies and whose period of qualifying service under the Government is—(a) not less than 5 nor more than 20 years; or(b) more than 20 years but whose pensionable service is less than 20 years,the pensionable service which may be taken into account for the computation of death gratuity may be supplemented by deeming his pensionable service to be—(i) twice the actual period of his pensionable service (subject to a maximum of 20 years);

or(ii) the period of pensionable service that he would have completed if he had served until attaining his retirement age,whichever is the lesser.(5) In the case of an officer who is re-appointed to service under the Government, the deemed increase of pensionable service under subsection (4) in respect of the final period of service of the officer may not exceed—(a) the deemed increase of pensionable service for which the officer would have been eligible under subsection (4) had his total period of service been continuous; or(b) the actual period of his service after his re-appointment,whichever is the lesser, and any officer who has been granted a deemed increase of pensionable service under subsection (4) in respect of his previous period of service shall only be eligible for a further deemed increase of pensionable service for any subsequent period of service to the extent that the total deemed increase of pensionable service does not exceed the maximum deemed increase of pensionable service specified in subsection (4).(6) In respect of an officer who has more than one period of continuous service, there shall be paid a death gratuity in respect of each period of continuous service under this section; but the total sum of the death gratuities payable in respect of more than one period of continuous service shall not exceed the sum of the death gratuity that would have been payable had the officer’s whole period of service been continuous and had his highest pensionable emoluments or notional highest pensionable emoluments, whichever is the greater, been taken for the calculation of the death gratuity, less any pension, gratuity or allowance already paid or payable to him but excluding any additional pension granted under regulation 31 of the Pensions Regulations (Cap. 89 sub. leg. A).(7) Every death gratuity or ex gratia payment payable under this section shall be paid as soon as possible after the death of the officer or pensioner to—(a) where he had not made a nomination under subsection (7A), his legal personal representative and shall form part of the estate of the officer or pensioner for the purposes of distribution but no estate duty shall be payable in respect of the death gratuity or ex gratia payment and its addition to the principal value of the estate shall not be taken into consideration for the purpose of increasing the rate at which estate duty on the remainder of the estate may be payable; or(aa) where he had made a nomination under subsection (7A), to his spouse; or (Added 3 of 1993 s. 27)(b) where the death gratuity or ex gratia payment does not exceed such amount as may be determined by the Chief Executive, a person named by the Chief Executive to be the recipient. (Amended 3 of 1993 s. 27; 63 of 1999 s. 3)(7A) An officer may by a notice in writing to the Secretary nominate his spouse to be the recipient of the death gratuity or ex gratia payment payable under this section in respect of his death. (Added 3 of 1993 s. 27)(7B) An officer who makes a nomination under subsection (7A) may at any time revoke the nomination by a notice in writing to the Secretary. (Added 3 of 1993 s. 27)(8) For the purposes of subsection (1), an officer who dies in the circumstances mentioned in section 18(1)(a), (b) and (c) shall be deemed to have not less than 2 years’ qualifying service.(9) This section shall not apply in the case of a death of an officer or pensioner where benefits corresponding to a death gratuity under this section are paid or payable under the Oversea Superannuation Scheme in respect of the death.(Replaced 36 of 1987 s. 36. Amended E.R. 1 of 2015) 18. Pensions to dependants when an officer dies on duty (Amended 20 of 1997 s. 2)(1) Where any officer dies as a result of injuries received—(a) in the actual discharge of his duty; and(b) not due to his own serious and wilful misconduct; and (Replaced 3 of 1993 s. 28)(c) on account of circumstances specifically attributable to the nature of his duty,while in the service of the Government it shall be lawful for the Chief Executive to grant, in addition to the grant, if any, of a gratuity— (Amended 37 of 1960 s. 3; 36 of 1987 s. 36; 63 of 1999 s. 3)(i) if the deceased officer dies after 31 March 1965 leaving a surviving spouse, a pension to the spouse at a rate of one-sixth of the officer’s annual pensionable emoluments at the date of the injury or $12,000 a year, whichever is the greater: (Amended 36 of 1987 s. 36; 3 of 1993 s. 28; 4 of 1993 s. 10) Provided that the Chief Executive may, in his discretion, grant a pension at a rate not exceeding one-fourth of such emoluments; (Replaced 34 of 1970 s. 6. Amended 63 of 1999 s. 3) (ii) if the deceased officer leaves a surviving spouse to whom a pension is granted under paragraph (i) and a child or children, a pension in respect of each child of an amount of one-eighth of the pension prescribed under paragraph (i); (Amended 4 of 1993 s. 10)(iii) if the deceased officer leaves a child or children but does not leave a surviving spouse or no pension is granted to the surviving spouse, a pension in respect of each child of double the amount prescribed by paragraph (ii): Provided that the pension granted to a child or children under this paragraph shall be not less than $6,000 a year where no other pension is granted under this section; (Added 36 of 1987 s. 36) (iv) if the deceased officer leaves a child or children and a surviving spouse to whom a pension is granted under paragraph (i), and the surviving spouse subsequently dies, a pension in respect of each child as from the date of the death of the surviving spouse of double the amount prescribed in paragraph (ii): (Amended 22 of 1954 s. 5; 3 of 1993 s. 28) Provided that the pension granted to a child or children under this paragraph shall be not less than $6,000 a year where no other pension is granted under this section; (Added 36 of 1987 s. 36) (v) if the deceased officer does not leave a surviving spouse, or if no pension is granted to the surviving spouse, and if—(A) his mother or father was wholly or mainly dependent on him financially, a pension to the mother or father, while she or he is without adequate means of support, of an amount not exceeding the pension which might have been granted to his surviving spouse;(B) both his mother and father were wholly or mainly dependent on him financially, a pension to each of them, while she or (where appropriate) he is without adequate means of support, of an amount not exceeding half of the pension which might have been granted to his surviving spouse: (Replaced 3 of 1993 s. 28)(vi) (Repealed 3 of 1993 s. 28) Provided that— (a) pensions shall not be payable under this subsection at any time in respect of more than 6 children, whether or not such children are the first 6 children of the officer; (Amended 3 of 1993 s. 28) (b) in the case of a pension granted under paragraph (v), if it appears to the Chief Executive that the mother or father is adequately provided with other means of support, such pension granted to her or (where appropriate) him shall cease as from such date as the Chief Executive may determine; (Replaced 3 of 1993 s. 28. Amended 63 of 1999 s. 3) (bb) (Repealed 3 of 1993 s. 28) (c) a pension granted to a child under this section shall cease at the appropriate time provided in subsection (1A) or (1AA). (Replaced 30 of 1980 s. 4; 3 of 1993 s. 28) (Amended 55 of 1972 s. 5)(1A) A pension granted under this section to a child of an officer appointed or reappointed to service under the Government before the day appointed under subsection (1AA) shall, subject to subsection (1AB), cease— (Amended 3 of 1993 s. 28)(a) in the case of a male—(i) at the age of 18 years unless at the time he attains that age he is receiving full-time education in any university, college, school or other educational establishment; or(ii) at the time at which he has since attaining the age of 18 years ceased to receive continuous full-time education at any university, college, school or other educational establishment: (Amended 36 of 1987 s. 36) Provided that a pension that has ceased under this subparagraph may be paid again during the period when such full-time education is resumed; or (Added 36 of 1987 s. 36) (iii) at the age of 23 years,whichever first occurs;(b) in the case of a female—(i) (where she is married) at the age of 18 years unless at the time she attains that age, she is receiving full-time education at any university, college, school or other educational establishment; or (Replaced 3 of 1993 s. 28)(ii) (where she is not married) at the age of 21 years unless at the time she attains that age, she is receiving full-time education at any university, college, school or other educational establishment; or (Replaced 3 of 1993 s. 28)(iii) at the time at which she has since attaining the age of 18 years (where she is married) or 21 years (where she is not married) ceased to receive continuous full-time education at any university, college, school or other educational establishment: (Amended 36 of 1987 s. 36; 98 of 1994 s. 5) Provided that a pension that has ceased under this subparagraph may be paid again during the period when such full-time education is resumed; or (Added 36 of 1987 s. 36) (iv) at the age of 23 years,whichever first occurs. (Added 30 of 1980 s. 4)(1AA) A pension granted under this section to a child of an officer appointed or reappointed to service under the Government on or after a day appointed* by the Secretary for the purposes of this subsection by notice in the Gazette shall, subject to subsection (1AB), cease—(a) at the age of 18 years unless at the time he attains that age he is receiving full-time education at any university, college, school or other educational establishment; or(b) at the time at which he has since attaining the age of 18 years ceased to receive continuous full-time education at any university, college, school or other educational establishment: Provided that a pension that has ceased under this paragraph may be paid again during the period when such full-time education is resumed; or (c) at the age of 23 years,whichever first occurs. (Added 3 of 1993 s. 28)(1AB) Where a child of an officer is accepted by the Secretary as mentally or physically disabled to such extent that he cannot reasonably be expected to be financially independent, a pension granted under this section to the child shall continue to be payable so long as he remains so disabled. (Added 3 of 1993 s. 28)(1B) (a) For the purposes of subsection (1A) or (1AA), a child on normal university, college, school or other educational establishment holidays or awaiting for a normal period admission to a university, college, school or other educational establishment is receiving full-time education.(b) In subsection (1A) or (1AA), university, college, school or other educational establishment means a university, college, school or other educational establishment recognized as such by the Permanent Secretary for Education. (Added 30 of 1980 s. 4. Amended 3 of 1993 s. 28; 3 of 2003 s. 41; L.N. 130 of 2007)(1C) A pension granted under this section shall be paid in monthly instalments, or less frequently if so requested by the recipient. (Added 4 of 1993 s. 10)(2) In the case of an officer not holding an established office, the expression pensionable emoluments (可供計算退休金的薪酬) in subsection (1) means the emoluments enjoyed by him which would have been pensionable emoluments if the office held by him had been an established office. (Amended 36 of 1987 s. 36)(3) For the purposes of this section—(a) where any spouse of an officer eligible for a pension under this Ordinance ceases to be so eligible and at the time of such cessation the officer was married to another spouse or other spouses, the officer shall be deemed for the purposes of this Ordinance—(i) to have become a widower at such time; and(ii) to have married simultaneously the person who at such time was his spouse and whom he married first after his marriage to the spouse who has ceased to be eligible as aforesaid; (Replaced 3 of 1993 s. 28)(b) spouse (配偶) includes any person who can prove to the satisfaction of the Secretary that she co-habits with an officer as the spouse of him; (Replaced 3 of 1993 s. 28)(c)-(d) (Repealed 3 of 1993 s. 28)(e) child (子女) means— (i) any child of an officer, but (subject to subparagraph (ia)) does not include a child of an officer adopted by another person; (Replaced 3 of 1993 s. 28. Amended 28 of 2004 s. 35) (ia) any child of the officer adopted by another person under an adoption order granted under paragraph (c) of section 5(1) of the Adoption Ordinance (Cap. 290) where the officer is the parent referred to in that paragraph; and (Added 28 of 2004 s. 35) (ii) a person wholly or mainly dependent upon the deceased officer for support, adopted as a child by such officer before the date of injury in a manner recognized by the Chief Executive. (Amended 63 of 1999 s. 3) (4) (Repealed 36 of 1987 s. 36)(5) An officer who dies as a result of injuries received while travelling by any means in pursuance of official instructions or in the course of his duties shall be deemed to have died in the circumstances detailed in subsection (1)(a) and (c). (Amended 36 of 1987 s. 36; 3 of 1993 s. 28)(5A) Where a pension is granted under this section in respect of an injury which was caused in circumstances creating a legal liability in a person other than the Government, the Government may take proceedings against the person to recover an amount not exceeding the commuted lump sum determined in accordance with section 18A. (Added 98 of 1994 s. 5)(6) This section shall not apply in the case of the death of any officer if his members of the family, as defined in section 3 of the Employees’ Compensation Ordinance (Cap. 282) or section 2 of the Pneumoconiosis and Mesothelioma (Compensation) Ordinance (Cap. 360), are entitled to and have received compensation under the provisions of those Ordinances in respect of such death. (Replaced 37 of 1960 s. 5. Amended 51 of 1980 s. 48; 52 of 2000 s. 29; 6 of 2008 s. 38)(7) The Legislative Council may, by resolution, vary in respect of officers dying after such date as may be specified in such a resolution, the sum of $12,000 specified in subsection (1)(i) and the sum of $6,000 specified in subsection (1)(iii) and (iv): (Amended 36 of 1987 s. 36) Provided that no such resolution may provide for a decrease in the minimum pension in respect of officers dying before the date of the resolution. (Added 34 of 1970 s. 6) Editorial Note: * Appointed day: 5 March 1993—see L.N. 73 of 1993. 18A. Commutation of pensions payable under section 18 (1) A person to whom a pension is payable under section 18 may within 3 months after the commencement of the payment of the pension or such longer period as the Secretary may approve apply in writing to the Secretary to commute the pension into a lump sum.(2) A lump sum referred to in subsection (1) shall be computed in accordance with an actuarial table prepared from time to time by an actuary appointed by the Chief Executive. (Amended 63 of 1999 s. 3)(3) Where an application is made under subsection (1) in respect of a deceased officer, any pension granted in respect of him before the computation of the lump sum shall be deducted from the lump sum.(4) A lump sum referred to in subsection (1) may for the purposes of payment be divided into such number of parts as the Secretary may think fit.(Added 3 of 1993 s. 29) 19. Grant of benefits in respect of service while on abnormal duty (1) Where an officer is serving—(a) (Repealed 20 of 1997 s. 25)(b) as a member of the Hong Kong Auxiliary Police Force under the Hong Kong Auxiliary Police Force Ordinance (Cap. 233); (Amended L.N. 362 of 1997; 76 of 1999 s. 3)(c) as an auxiliary member of the Government Flying Service under the Government Flying Service Ordinance (Cap. 322); (Replaced 54 of 1992 s. 19)(d) as a member of the Essential Services Corps under the Essential Services Corps Ordinance (Cap. 197);(e) as a member of the Auxiliary Medical Service under the Auxiliary Medical Service Ordinance (Cap. 517); or (Added 57 of 1997 s. 34)(f) as a member of the Civil Aid Service under the Civil Aid Service Ordinance (Cap. 518), (Added 58 of 1997 s. 34)and is injured in circumstances in which a pension, gratuity or other award is grantable in respect of that service, a pension, gratuity or other award may at the option of the officer be granted—(i) under regulation 31 of the Pensions Regulations (Cap. 89 sub. leg. A), unless regulation 31(6) applies, in like manner as if his service had been public service under the Government and as if he had been injured in the like circumstances while in service; or(ii) under any Ordinance mentioned in paragraph (b), (c), (d), (e) or (f) that is applicable if he is injured before the date of the commencement* of the Auxiliary Forces Pensions (Miscellaneous Amendments) Ordinance 1997 (20 of 1997) or under the Auxiliary Forces Pay and Allowances Ordinance (Cap. 254) if he is injured on or after the date of the commencement of the Auxiliary Forces Pensions (Miscellaneous Amendments) Ordinance 1997 (20 of 1997).(2) Where an officer is serving—(a) (Repealed 20 of 1997 s. 25)(b) as a member of the Hong Kong Auxiliary Police Force under the Hong Kong Auxiliary Police Force Ordinance (Cap. 233); (Amended L.N. 362 of 1997; 76 of 1999 s. 3)(c) as an auxiliary member of the Government Flying Service under the Government Flying Service Ordinance (Cap. 322); (Replaced 54 of 1992 s. 19)(d) as a member of the Essential Services Corps under the Essential Services Corps Ordinance (Cap. 197);(e) as a member of the Auxiliary Medical Service under the Auxiliary Medical Service Ordinance (Cap. 517); or (Added 57 of 1997 s. 34)(f) as a member of the Civil Aid Service under the Civil Aid Service Ordinance (Cap. 518), (Added 58 of 1997 s. 34)and dies in circumstances in which a pension, gratuity or other award is grantable in respect of that service, his beneficiaries shall be granted a pension, gratuity or other award—(i) under section 18, unless section 18(6) applies, in like manner as if his service had been public service under the Government and as if he had died in the like circumstances while in service; or(ii) under any Ordinance mentioned in paragraph (b), (c), (d), (e) or (f) that is applicable if he is injured before the date of the commencement* of the Auxiliary Forces Pensions (Miscellaneous Amendments) Ordinance 1997 (20 of 1997) or under the Auxiliary Forces Pay and Allowances Ordinance (Cap. 254) if he is injured on or after the date of the commencement of the Auxiliary Forces Pensions (Miscellaneous Amendments) Ordinance 1997 (20 of 1997),as directed by the Director of Accounting Services on the basis of his judgment as to which of paragraph (i) or (ii) is more beneficial to the beneficiaries as a whole. (Amended E.R. 7 of 2020)(3) If under the appropriate Ordinance applicable to the Hong Kong Auxiliary Police Force, the Government Flying Service, the Essential Services Corps, the Auxiliary Medical Service or the Civil Aid Service a pension, gratuity or other award may be granted in respect of injury or death during training or instruction or other form of service, then the expression service (服務) in subsections (1) and (2) includes training, instruction or other form of service in the Force, Service or Corps, as the case may be. (Amended 54 of 1992 s. 19; L.N. 362 of 1997)(Replaced 4 of 1993 s. 11. Amended 20 of 1997 ss. 3 & 25; 57 of 1997 s. 34; 58 of 1997 s. 34) Editorial Note: The operation of this provision is affected by the following savings provisions— (1) section 23(2) of 20 of 1997; and (2) section 33(2) of Cap. 517 and Cap. 518. * Commencement date: 9 May 1997. 19A. (Repealed 3 of 1993 s. 30) 20. Effect of enemy occupation For the purpose of calculating a pension, allowance or gratuity under this Ordinance an officer’s service may with the approval of the Chief Executive be deemed to be unbroken notwithstanding that he ceased to be employed in the service under the Government after 25 December 1941, if such officer resumed such service not later than 31 March 1947, and in such case such period of cessation of service which occurred before 15 March 1946, or any part thereof may, with the approval of the Chief Executive, be deemed to be service which may be counted for the purpose of calculating a pension, allowance or gratuity grantable under this Ordinance: (Amended 36 of 1987 s. 36)Provided that an officer who did not resume duty and who died not later than 31 March 1947 shall nevertheless be deemed to have resumed duty, for the purpose of this section, on the date of his death.(Amended 13 of 1966 Schedule; 63 of 1999 s. 3) 20A. Chief Executive’s power to exempt or modify (1) The Chief Executive may exempt any officer and his dependants from the application of any provisions of this Ordinance and the regulations made thereunder in any particular case, or may modify the application of any such provisions in any such case in the manner specified by him, where inequity results from the application of such provisions; but any such exemption or modification shall not be detrimental to the officer or his dependants and shall be in keeping with the spirit of this Ordinance. (Amended 63 of 1999 s. 3)(2) No exemption or modification shall be made under subsection (1) unless a draft of it has been laid before and approved by resolution of the Legislative Council, and section 34 of the Interpretation and General Clauses Ordinance (Cap. 1) does not apply in relation to the exemption or modification. (Replaced 4 of 1993 s. 13)(Added 36 of 1987 s. 36) 21. Commencement and application of the Ordinance and recomputation of benefits (1) Subject to express provisions to the contrary in this Ordinance or the regulations made thereunder, this Ordinance and such regulations shall be deemed to have had effect from 1 January 1947 and the provisions thereof shall except as otherwise provided apply to all officers in the service under the Government on or after the said date: Provided that no pension or gratuity shall be grantable under this Ordinance in respect of service by an officer terminating between 1 January 1947 and the enactment of this Ordinance when no pension or gratuity would have been grantable, if this Ordinance had effect on the date of enactment, by reason of the age at which such officer left the service under the Government. (Amended 36 of 1987 s. 36) (2) Any pension, gratuity or other allowance granted under the provisions of an Ordinance or regulation repealed by this Ordinance other than Pension Regulations C made under the Pensions Ordinance 1932 (21 of 1932), in respect of service under the Government by an officer who was in receipt of salary according to a scale of pay operative in Hong Kong in consequence of the Salaries Revision, 1947, shall be recomputed according to the provisions of this Ordinance. Such recomputed pension, gratuity or other allowance shall be granted in substitution of the former award except that where it is to the advantage of the recipient such former award shall be deemed to have been validly made under this Ordinance. (Amended 36 of 1987 s. 36)(3) A pension, gratuity or other allowance in respect of service of an officer who is not or has not been in receipt of salary based upon a scale of pay operative in Hong Kong in consequence of the Salaries Revision, 1947, shall be grantable hereunder according to the provisions relating to the grant of pension, gratuity or other allowance in respect of such officer’s service applicable prior to 1 January 1947, except in respect of service which would necessitate the application thereto of the provisions of Pension Regulations C made under the Pensions Ordinance 1932, in which case the provisions of Part V of the regulations hereunder shall be applied in respect of the service to which the said Pension Regulations C would have been applicable: Provided that if such an officer rejoins or an officer is appointed to the service under the Government after the enactment of this Ordinance the provisions of this Ordinance other than this subsection shall apply in respect of the grant of any pension, gratuity or other allowance granted after so rejoining or being so appointed. (Amended 36 of 1987 s. 36) (4) Salaries Revision, 1947 (1947年薪酬調整) means for the purposes of this section, the revision of salaries initiated by the report of the Commissioners appointed on 20 March 1947 by virtue of section 2 of the repealed Commissioners Powers Ordinance (Cap. 86, 1964 Ed.).(5) If any question arises as to whether any salary is according to a scale of pay operative in Hong Kong in consequence of the Salaries Revision, 1947, the decision thereon of the Chief Executive shall be final. (Amended 37 of 1960 s. 3; 36 of 1987 s. 36; 63 of 1999 s. 3) 22. Provisions for officers transferred to Government from the service of the Government of Palestine For the purposes of this Ordinance, any person holding office in the service of the Government of Palestine immediately before 15 May 1948 shall be deemed to continue in his office until either he is appointed to public service elsewhere, or, if he is not so appointed, he retires or is removed from his office. 23. Transitional Nothing in the Employees’ Compensation (Amendment) (No. 2) Ordinance 2000 (52 of 2000) (the amending Ordinance) shall apply to claims for compensation in respect of accidents occurring before the commencement* of the amending Ordinance, and the provisions in force immediately before the commencement of the amending Ordinance shall continue to apply to such claims as if they had not been amended by the amending Ordinance.(Added 52 of 2000 s. 30)Editorial Note:* Commencement date: 1 August 2000.