A330
Ord. No. 61/88
PENSION BENEFITS (MISCELLANEOUS
AMENDMENTS)
the direction, being a day which is earlier than the day on which the gratuity would otherwise fall to be paid under paragraph (a). (c) Where the Governor gives a direction under this subsection, the commuted pension gratuity to which the direction relates shall be payable on the day specified in the direction.".
Pension
6.
benefits may be
cancelled,
(a)
suspended or
reduced on
conviction, etc.
Section substituted
Section 29(6) is amended—
by repealing "such person or officer" and substituting "the person or officer concerned"; and
(b) by adding "of such person” after "maintenance or benefit".
7. (1) Section 31 is repealed and the following substituted-
"Pension benefits not assignable (Cap. 363)
(Cap. 112)
(Cap. 305)
31. (1) Save as otherwise provided by the Public Officers (Assignment of Emoluments) Ordinance, pension benefits granted to an officer 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,
and pension benefits 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) Where any person to whom pension benefits are granted owes a debt to the Government, subject to paragraph (b), the Director of Accounting Services may apply those benefits, 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; and
(ii) the person has not consented to the exercise, in relation to pension benefits 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 benefit, exceed an amount equal to 25 per cent of the benefit.
(3) Each of the references in this section to pension benefits shall be construed as including a reference to any increase in the benefits which is for the time being authorized under section 4 of the Pensions (Increase) Ordinance.".
(2) This section shall be deemed to have come into operation on 1 July 1987.