1988 Ed.]
Pension Benefits (Judicial Officers)
[CAP. 401
5
(2) For the avoidance of doubt it is hereby declared that, where a person has been confirmed in an established office and is afterward appointed to another established office, then, unless the terms of the appointment otherwise require, the last mentioned office is, for the purposes of this Ordinance, an office in which he has been confirmed.
Application
3. (1) Subject to an exemption under section 37, this Ordinance only applies to
(a) an officer who is appointed or re-appointed to service under the Government on or after 1 July 1987, whether on transfer from other public service or otherwise, on terms which attract pension benefits under this Ordinance;
(b) an officer whose application under section 9 is approved;
(c) a person who has exercised an option under section 10; and
(d) an officer or person who, under section 11, is deemed to have applied under section 9 or exercised an option under section 10.
(2) A person shall not derive any pension, gratuity or other allowance under the Pensions Ordinance (Cap. 89) and pension benefits under the Pension Benefits Ordinance (Cap. 99) and this Ordinance in respect of the same period of service.
Pension benefits to be of right
4. Except as otherwise provided in this Ordinance, the entitlement to pension benefits is a right.
Pension benefits to be charged to general revenue
5.
There shall be charged on and paid out of the general revenue all money that is from time to time granted by way of pension benefits.
Normal retirement age
6. (1) The normal retirement age of-
(a) a judge of the Supreme Court or District Court is the retiring age specified in Article XVIA(2)(a) of the Letters Patent (App. I, p. CI);
(b) a Registrar or Deputy Registrar of the Supreme Court is when he attains the age of 65 years; or
(c) an officer not referred to in paragraph (a) or (b) is when he attains the age of 60 years.
(2) Subject to subsections (3) and (4), an officer, other than one referred to in subsection (1)(a), shall not continue in service after his normal retirement age.
(3) The Governor may approve the continued service of an officer, other than one referred to in subsection (1)(a), for an aggregate of 5 years plus accrued leave after he attains his normal retirement age.