A
10
CAP. 401
Pension Benefits (Judicial Officers)
[1988 Ed.
1988 Ed.]
Pension Benefits (Judicial Officers)
(CAP, 401
11
at the prescribed rate where his capacity to contribute to his own support becomes impaired at or after his retirement because of the injury and it shall be payable in accordance with the regulations.
(2) Where an additional pension is granted under subsection (1) in respect of an injury which was caused in circumstances creating a legal liability in a person other than the Government, the Government may take proceedings against that person to recover an amount not exceeding the amount of the additional pension multiplied by 14.
(3) Subsection (1) does not apply in the case of an officer who, in consequence of his injury, is entitled to and has received compensation under the Employees' Compensation Ordinance (Cap. 282) or the Pneumoconiosis (Compensation) Ordinance (Cap. 360).
Minimum medical pension
16. An officer referred to in section 7(1)(h) is entitled to a minimum pension based on 25% of his highest pensionable emoluments.
Grant of additional pension on abolition
of office or compulsory retirement
17. (1) An additional pension at the prescribed rate shall be granted to an officer
(a) who retires under section 7(1)(ɗ) on abolition of his office; or
(b) on his compulsory retirement under section 7(1)(g).
(2) An additional pension granted to an officer under subsection (1) is payable when a pension is paid to him.
Grant of pension bencfits in respect
of service while on abnormal duty
18. (1) Where an officer is serving
(a) as an officer or member of the Royal Hong Kong Regiment under the
Royal Hong Kong Regiment Ordinance (Cap. 199);
(b) as a member of the Royal Hong Kong Auxiliary Police Force under
the Royal Hong Kong Auxiliary Police Force Ordinance (Cap. 233); (c) as an officer or member of the Royal Hong Kong Auxiliary Air Force under the Royal Hong Kong Auxiliary Air Force Ordinance (Cap. 198); or
(d) as a member of the Essential Services Corps under the Essential
Services Corps Ordinance (Cap. 197),
and is injured in circumstances in which a pension, gratuity or other award is grantable in respect of that service, a pension, gratuity or other award may at the option of the officer be granted
(i) under section 15, unless section 15(3) applies, in like manner as if his service had been public service under the Government and as if he had been injured in the like circumstances while in service; or
(ii) under any Ordinance mentioned in paragraph (a), (b), (c) or (d) that is
applicable.
(2) Where an officer is serving -
(a) as an officer or member of the Royal Hong Kong Regiment under the
Royal Hong Kong Regiment Ordinance;
(b) as a member of the Royal Hong Kong Auxiliary Police Force under
the Royal Hong Kong Auxiliary Police Force Ordinance;
(c) as an officer or member of the Royal Hong Kong Auxiliary Air Force under the Royal Hong Kong Auxiliary Air Force Ordinance; or
(d) as a member of the Essential Services Corps under the Essential
Services Corps Ordinance,
and is killed in circumstances in which a pension, gratuity or other award is grantable in respect of that service, the Director of Accounting Services shall direct that his beneficiaries shall be granted a pension, gratuity or other award
(i) under section 20, unless section 20(9) applies, in like manner as if his service had been public service under the Government and as if he had died, in the like circumstances while in service; or
(ii) under any Ordinance mentioned in paragraph (a), (b), (c) or (d) that is
applicable, whichever the Director considers is most beneficial to the beneficiaries as a whole.
(3) If under the appropriate Ordinance applicable to the Royal Hong Kong Regiment, the Royal Hong Kong Auxiliary Police Force, the Royal Hong Kong Auxiliary Air Force or the Essential Services Corps a pension, gratuity or other award may be granted in respect of injury or death during training or instruction or other form of service, then the expression "service" in subsections (1) and (2) includes training, instruction or other form of service in the Regiment, Force or Corps, as the case may be.
Discretionary power to grant ex gratia payment where officer leaves the public service
19. Where an officer leaves the public service and a pension or short service gratuity cannot otherwise be granted to him under this Ordinance, the Governor may, if he thinks fit, grant an ex gratia payment to the officer in an amount that he thinks just and proper.
Dependant pension
20. (1) Subject to subsection (3), where an officer dies as a result of injuries received -
(a) in the actual discharge of his duty;
(b) without his own default; and
(c) on account of circumstances specifically attributable to the nature of
his duty,