PENSION BENEFITS (MISCELLANEOUS
Ord. No. 61/88
A331
AMENDMENTS)
Pensions Ordinance
8. (1) Section 12 of the Pensions Ordinance is repealed and the Section following substituted-
"Pensions etc.
not to be
assignable
(Cap. 363)
(Cap. 112)
(Cap. 305)
12. (1) Save as otherwise provided by the Public Officers (Assignment of Emoluments) Ordinance, 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 (includ- ing a deferred pension), gratuity or other allow- ance 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 satisfac- tion, 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 a pension (including a deferred pen- sion), gratuity or other allowance so granted to him, of the power conferred on the Director of Account- ing 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 per cent - 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 Pensions (Increase) Ordinance.".
substituted
(Cap. 89)