4. On the grounds of proven unsuitability (Ghana
and India), absence of special pension arrangements
(Nigeria) or lack of information (Federation of
Rhodesia and Nyasaland), various precedents have been
discarded as inappropriate for Hong Kong. The ODA
view as quoted below however, is that the pensions
problem could best be met by adopting the formula.
used first in the West Indies and later in Kenya.
"At present Judges in Hong Kong are
pensionable under the Pensions Ordinance, Cap
89, 1949, as amended. Pension is earned on a
constant of one six-hundredth and, for a judge,
is payable on retirement on or after the age of
55 or, with the approval of the Secretary of
State, on or after the age of 45.
In the West Indies the Pensions Act 1958,
as amended, provided for the public service to
earn pension on a constant of one six-hundredth
and for pension to be payable on retirement
after the age of 55 or, in special cases, with
approval, after the age of 50. The Federal
Supreme Court (Salaries and Pensions) Act 1960
provided enhanced terms for all judges, whether
elevated from the local bar or not, which
produced pensions earned on a constant of one
four hundred and eightieth with the
qualifications that the first ten years carried
double pensionability and that pension payable
as a result of service or less than five years
was limited to an amount of one-quarter of
annual pensionable emoluments.
Pension was
payable on retirement after the age or 60, and
2
/was
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