720
THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 20, 1933.
Retirement due to infirmity through fault of officer.
Retirement for inefficiency.
(2) The option referred to in paragraph (1) shall be exer- cisable by an officer at any time on or before the date or day applicable to his case as herein mentioned, but not there- after unless on special grounds the Governor in Council allows an extension of time, that is to say,
(a) In the case of an officer who has attained pensionable status the 30th day of June, 1934.
(b) In the case of any other officer-the 30th day after he first attains pensionable status, or the 30th day of June, 1934, whichever shall be the later:
Provided that an officer who has previously had the op- portunity of exercising the option but has not done so, and who is still performing pensionable service as specified in regula- tion 7, or is on leave of absence, may apply within one month (or within such extended period as the Governor in Council may allow) of his subsequent marriage for permission to exer- cise the option, which permission may be granted at the dis- cretion of the Governor after examination of the officer by three Government medical officers, or if the officer marries while on leave of absence after examination by any medical practitioner authorised by the Secretary of State to make the examination.
(3) The date of the exercise of the option by an officer shall be deemed to be the date of the receipt of his written notification addressed either to the Colonial Secretary in the Colony or to the Crown Agents for the Colonies; or, in any case falling under the proviso in paragraph (2) of this regula- tion, the date on which the Governor grants permission to exercise the option.
(4) If an officer has exercised the option, his decision shall be irrevocable so far as concerns any pension ultimately to be granted to him under these regulations, except where such officer is retiring, before reaching the age at which he could ordinarily be permitted to retire, upon abolition of office or in accordance with provisions of a scheme for accelerated retirement.
(5) An officer shall be deemed to attain pensionable status at the time when he might, if permitted to retire on the ground of infirmity of mind or body, be granted a pension.
12. If an officer retires on account of infirmity of mind or body certified by three Government medical officers to have been brought about by the officer's own default or vicious habits, the pension or gratuity, or reduced pension or gratuity, may be reduced or further reduced by an amount not exceed- ing one-half of the pension or gratuity, or reduced pension or gratuity, which he otherwise would receive.
13. Where an officer is removed from his office on the ground of his inability to discharge efficiently the duties there- of, and a pension, gratuity, other allowance cannot otherwise. be granted to him under the provisions of these regulations, the Governor in Council, with the approval of the Secretary of State, may if he considers it justifiable, having regard to all the circumstances of the case, grant such a pension, gratuity or other allowance as he thinks just and proper, but in no case exceeding in amount that for which the officer would be quali- fied if he were suffering from some infirmity of mind or body likely to be permanent.