CAP. 89]
Pensions
[1988 Ed.
Application
2C. (1) Subject to subsection (2), this Ordinance applies to every officer who is appointed or re-appointed to service under the Government before the date of commencement of the Pension Benefits Ordinance (Cap. 99), whether on transfer from other public service or otherwise, on terms which attract pension, gratuity or other allowance.
(2) This Ordinance shall not apply to a serving officer within the meaning of the Pension Benefits Ordinance to whom that Ordinance applies by virtue of section 4(1)(b) or (c) of that Ordinance.
(3) This Ordinance does not apply to an officer to whom the Pension Benefits (Judicial Officers) Ordinance (Cap. 401) applies by virtue of section 3(1)(b), (c) or (d) of that Ordinance. (Added 85 of 1988 s. 45)
Pension regulations
(Added 36 of 1987 s. 36)
3. (1) Pensions, gratuities and other allowances shall be granted by the Governor in accordance with the regulations under this Ordinance to officers who have been in the service under the Government and to the dependants of such persons where such service is terminated by death:
Provided that where a pension, gratuity or other allowance is expressed to be grantable by the Governor in Council such pension, gratuity or other allowance shall be granted only by the Governor in Council.
The said regulations may from time to time be amended, added to, or revoked by regulations made by the Governor in Council, and all regulations so made shall be published in the Gazette and laid before the Legislative Council. (Amended 36 of 1987 s. 36)
(2) The expression "this Ordinance" shall, wherever it occurs in this Ordinance, be construed as including a reference to the regulations made thereunder.
(3) Whenever the Governor in Council is satisfied that it is equitable that any regulation made under this section should have retrospective effect in order to confer a benefit upon or remove a disability attaching to any person that regulation may be given retrospective effect for that purpose:
Provided that no such regulation shall have retrospective effect unless it has received the prior approval of the Legislative Council signified by resolution.
(4) Any pension or gratuity granted to any officer under this Ordinance shall be computed in accordance with the provisions relating to such officer which are in force at the actual date of his retirement.
Pensions, etc., to be charged on general revenue
4.
There shall be charged on and paid out of the general revenue all such sums of money as may from time to time be granted by way of pension, gratuity or other allowance in pursuance of this Ordinance.
(Amended 36 of 1987 s. 36)