CAP. 99]
Pension Benefits
[1988 Ed.
(b) "child" (without prejudice to the definition of “child” in section 2)
means--
(i) any child of a female officer and, in the case of a child of a male officer, any child born by a woman who at the time of the birth was the wife or widow of the officer; or
(ii) a child who was wholly or mainly dependent upon the deceased officer for support, and who had been adopted by the officer before the date of the injuries which resulted in the death of the officer.
(8) An officer who dies as a result of injuries received while travelling by any means in pursuance of official instructions or in the course of his duties shall be deemed for the purposes of subsection (1) to have died in the circumstances described in that subsection.
(9) This section shall not apply in the case of the death of any officer if his dependants, as defined in section 3 of the Employees' Compensation Ordinance (Cap.282) or section 2 of the Pneumoconiosis (Compensation) Ordinance (Cap.360), are entitled to and have received compensation under any of those Ordinances in respect of such death.
(10) The Legislative Council may, by resolution, vary in respect of officers dying after such date as may be specified in the resolution, the sum of $12,000 specified in subsection (1)(i) and the sum of $6,000 specified in subsection (1)(iii) and (iv):
Provided that no such resolution may provide for a decrease in the minimum dependant pension in relation to officers dying before the date of the resolution.
Death gratuity
20. (1) Where an officer-
(a) who has completed not less than 2 years' qualifying service, dies other than as specified in paragraph (b); or
(b) irrespective of the length of the period of his qualifying service, dies as a result of injuries received-
(i) in the actual discharge of his duty;
(ii) without his own default; and
(iii) on account of circumstances specifically attributable to the nature of his duty,
while in service under the Government, there shall be paid a death gratuity of an amount calculated in accordance with subsection (2).
(2) A death gratuity payable under subsection (1) in respect of the death of an officer shall be an amount not exceeding-
(a) his annual pensionable emoluments; or
(b) the commuted pension gratuity which he would have received had he retired at the date of his death and opted for reduction of his pension by 50% under section 24(1),
whichever is the greater.