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(Cap. 282.) (Cap. 360.)
Death gratuity.
(9) This section shall not apply in the case of the death of any office his dependants, as defined in section 3 of the Employees' Compensation Ordinance or section 2 of the Pneumoconiosis (Compensation) Ordinance, are entitled to and have received compensation under any of those Ordin- ances in respect of such death.
(10) The Legislative Council may, by resolution, vary in respect of officers dying after such date as may be specified in the resolution, the sum of $12,000 specified in subsection (1)(i) and the sum of $6,000 specified in subsection (1)(iii) and (iv):
Provided that no such resolution may provide for a decrease in the minimum dependant pension in relation to officers dying before the date of the resolution.
20. (1) Where an officer-
(a) who has completed not less than 2 years' qualifying service, dies
other than as specified in paragraph (b); or
(b) irrespective of the length of the period of his qualifying service,
dies as a result of injuries received—
(i) in the actual discharge of his duty;
(ii) without his own default; and
(iii) on account of circumstances specifically attributable to the nature of his duty,
while in service under the Government, there shall be paid a death gratuity of an amount calculated in accordance with subsection (2).
(2) A death gratuity payable under subsection (1) in respect of the death of an officer shall be an amount not exceeding―
(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 50 per cent under section 24(1),
whichever is the greater.
(3) In computing a commuted pension gratuity for the purposes of subsection (2), the officer's service shall be deemed to include any period of untaken vacation leave for which an ex gratia payment corresponding to the salary for that period has been granted.
(4) Where a pensioner, other than a person referred to in subsec- tion (5), dies after retirement from service under the Government, there shall be paid a death gratuity of an amount equal to—
(a) his annual pensionable emoluments; or
(b) the commuted pension gratuity which he would have received had he opted on his retirement for reduction of his pension by 50 per cent under section 24(1),
whichever is the greater, less any pension benefits already paid or payable to him but excluding any additional pension granted under section 15(1).
(5) Where an officer, who has been granted a deferred pension-