without reference to the Secretary of State.
(C) HONG KONG PENSIONS ORDINANCE CAP 89
Several matters concerning public servants are still
referred to the Secretary of State for approval under this Ordinance. This has been an administrative practice rather than a formal requirement. The matters are as follows:
(i) Determination of service as public service.
(ii) Amendment to the Pensions Regulations.
(iii) Authority for approving premature retirement.
(iv) Authority for approving early retirement on medical
grounds.
(v) Approval of the amount of pensions to be drawn where total amount of mixed service pension exceeds 2/3 of the highest pensionable emoluments.
(vi) Direction of ex-gratia payment upon bankruptcy of
the pensioner.
(vii) Restoration of pension after discharge from
bankruptcy.
(viii) Cessation of dependents' pension for an officer
killed on duty.
(ix) Approval for war-service to count for pension
purposes.
(x) Approval for no-pay leave to count for pension
purposes.
(xi) Allowance in certain cases to hospital matrons and
nursing sisters with other services.
We have agreed with the HKG and Legal Advisers that only (i) and (ii) need be retained for the Secretary of State's approval as they involve matters which apply more widely to the public services of other dependent territories. The remaining references are either obsolete or rarely used; and it is not necessary therefore to retain them for the Secretary of State's approval.
PJYAUF/2