1290
THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 8, 1939.
Provision for the prevention of double payments.
Interpreta- tion of
member of the pilotage or light vessel ser- vices in Part I of Scheme.
or war injuries and a detention or detentions, so that varying ranks would apply under paragraph (1) of this Article, then, in making an award to that mariner or member regard shall be had to the various ranks held by that mariner or member at the respective dates on which he sustained those war injuries, or on which those detentions commenced, and on the degree of disablement directly attributable to each such war injury and detention.
(3) If the death of a mariner or member of the pilotage or light vessel services is certified under this Part of this Scheme to be directly attributable to the combined effect of two or more war injuries or two or more detentions or to both a war injury or war injuries and a detention or detentions, the award in respect of the death of that mariner or member may be based upon the highest equivalent naval rank which that mariner or member is to be treated as having held on any of the dates on which he sustained those war injuries or on which any of those detentions commenced.
9. Notwithstanding anything contained in this Part of this Scheme, where the Minister is satisfied that a person is eligible, in respect of an injury sustained by him or another person (being an injury received by the injured person in the execution of his duty or attributable to his service) for a pension, allowance or grant under-
(a) section 1 of the Superannuation Act, 1887; or
(b) section 665 of the Merchant Shipping Act, 1894, as amended or extended by any subsequent enactment; or
(c) the Order in Council dated the 2nd June, 1915 (relating to pensions for men serving on Admiralty Yard Craft) or the Order in Council dated the 1st July, 1937 (relat- ing to pensions for officers of the Royal Fleet Auxiliaries), or
(d) any enactment relating to persons in the service of a local lighthouse authority within the meaning of the Merchant Shipping Act, 1894,
no pension or allowance may be awarded under this Part of this Scheme on account of any disablement or death which is directly attributable to that injury.
10. A person who, whilst a mariner or member of the mariner and pilotage or light vessel services, has sustained a war injury or has suffered a detention, to which his death or disablement is directly attributable, shall, for the purposes of this Part of this Scheme, be treated as a mariner or a member of the pilotage or light vessel services, as the case may be, notwith- standing that he may have ceased to be so employed or engaged or to be a person of such a character as to come within the definition of a mariner or of a member of the pilotage or light vessel services respectively contained in Article 1 of this Scheme.
Provisions of Naval Order
which do not apply
to mariners or members of the
pilotage or light vessel services.
11. Notwithstanding anything hereinbefore contained, the following provisions of the Naval Order shall not apply to mariners or members of the pilotage or light vessel services, that is to say, paragraphs (1) and (2) of Article 1, paragraphs (2A), (5), (6), (7), (10), (11) and (15) of Article 2, Article 3, paragraphs (a), (b), (c) and (d) of Article 4, Article 5, para- graph (2) of Article 6, Articles 8 and 10, paragraph (2) of Article 12, Articles 17, 19, 21, 22 and 23, paragraph (2) of