26
CAP. 401]
Pension Benefits (Judicial Officers)
[1988 Ed.
Grant of short service gratuity
36. (1) If a pension cannot be granted to an officer whose service under the Government is less than the qualifying service specified in section 7 or 12, he shall be granted, on retirement from the public service, a short service gratuity at the prescribed rate in respect of his service.
(2) Short service gratuity granted to an officer is payable to him as soon as possible after retirement.
Governor's power to exempt or modify
37. (1) The Governor may exempt an officer and his dependants from the application of any provision of this Ordinance and the regulations in any particular case, or may modify the application of any provision in any such case in the manner specified by him, where in his opinion inequity results from the application of the provision; but an exemption or modification shall not be detrimental to the officer or his dependants and shall be in keeping with the spirit of this Ordinance.
(2) No exemption or modification shall be made under subsection (1) unless a draft of it has been laid before and approved by resolution of the Legislative Council, and section 34 of the Interpretation and General Clauses Ordinance (Cap. 1) does not apply in relation to the exemption or modification.
Regulations
38. (1) The Governor in Council may make regulations providing for-
(a) the grant of pension benefits to persons who are transferred to or from service under the Government from or to other public service;
(b) the factor for the computation of pension on retirement and such factor may apply to service before 1 July 1987;
(c) the computation of qualifying service and pensionable service;
(d) the service which may be taken into account as qualifying service or pensionable service, which may include qualifying service or pensionable service prior to 1 July 1987, and for deeming an increase in pensionable service in certain circumstances;
(e) the emoluments which may be taken into account for computing pension benefits;
(f) the determination of highest pensionable emoluments; and
(g) the better carrying out of the purpose and provisions of this Ordinance.
(2) Subject to subsection (3), where the Governor in Council is satisfied that it is equitable that any regulation made under subsection (1) should have retrospective effect in order to confer a benefit upon or remove a disability attaching to any person, the Governor in Council may by notice in the Gazette declare that the regulation has retrospective effect for that purpose.
(3) No declaration shall be made under subsection (2) unless a draft of it has been laid before and approved by resolution of the Legislative Council, and section 34 of the Interpretation and General Clauses Ordinance (Cap. 1) does not apply in relation to the declaration.