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THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 9, 1927. 369
No 512.
Any pension or periodical or deferred gratuity or allowance ordered to be forfeited and withdrawn as aforesaid shall cease as from the date of the cause of such forfeiture.
Provided that if any question shall arise as to the competency of any court or as to whether any sentence imposed comes within the intendment of the first paragraph of this regulation then the decision of the Governor in Council thereon shall be final and conclusive.
Provided further that any pension, gratuity or allowance ceasing as afore- said shall be restored with retrospective effect in the case of a person who after conviction at any time receives a free pardon. For the purpose of this regulation the enduring of the punishment to which any person has been or may be sentenced shall not be deemed to be or to have the effect of a free pardon.
And provided further that where a pension, gratuity or allowance ceases for any reason aforesaid the Secretary of State for the Colonies or, if the pensioner is resident in the Colony then the Governor in Council with the approval of the Secretary of State, may cause all or any part of the moneys to which the pensioner would have been entitled by way of pension, gratuity or allowance during the remainder of the pensioner's life or during any shorter period or periods, either conti- unous or discontinuous, to be paid to or applied for the benefit of all or any exclusive of the others of the following persons, that is to say, the dependents of the pensioner, and the pensioner himself if and when his sentence, if any as aforesaid, shall have expired, in such proportions, if there be more than one recipient or beneficiary, and manner and subject to such conditions, qualifications and restrictions as the Secretary of State or the Governor in Council with such approval as atoresaid, as the case may be, may see fit to direct and impose. Any such directions, conditions, qualifications and restric- tions may in like manner be revised, altered, added to or withdrawn at any time and from time to time.
Regulation made by the Governor in Council under section 17 of the Police Force Ordinance, 1900, Ordinance No. 11 of 1900, on the 7th day of September, 1927.
The regulations regarding pensions of non-European subordinate officers and non- European constables of the police force, made by the Governor in Council and set forth on pages 269 to 275 of the Regulations of Hong Kong, 1814 to 1925, amended as appears in Government Notification No. 229 published in the Gazette of the 30th April, 1926, are hereby further amended by the rescission of regulation 12-on page 272-and the substitution therefor of the following regulation :-
12. Every pension and every periodical or deferred gratuity or allowance is and shall be deemed to have been granted only on the condition that the Governor in Council may order that the same be forfeited and withdrawn in any of the . following cases :--
(1) on the conviction of the grantee before any court in His Majesty's dominions or elsewhere for any crime or offence for which he is sentenced to death, or penal servitude, or any term of imprisonment with hard labour, or any term of imprisonment of any other kind exceeding twelve months;
(2) on the grantee becoming bankrupt;
(3) on the grantee knowingly associating with thieves or suspected
persons;
(4) on the grautee refusing to give information and assistance to the police whenever in his power, for the detection and apprehension of criminals, and for the suppression of any disturbance of the public peace; or