3
Assignability
of emolumiCTE.
Farm of ARBOOKor.
Audent
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Revocation of Aspenner...
(Cap. 6)
() in the case of a non-pensionsble officer, the salary payable to
him in his substantive rank;
(c) any pension payable under the Pensions Ordinance (other than
a commuted pension gratuity); and
(b) any annual allowance payable under the Pensions Ordinance to
a non-prosionable officer,
(2) The Governor in Council may make regulations amending the definition of "emoluments" in subsection (1).
3. (1) A public officer may with the written permission of an authorized officer assign auch proportion of part of his emoluments for such period as the authorized officer may approve.
(2) Where an assignment is made under subsection (1), it shall, subject to section 6, be irrevocable during the period approved by an authorized officer under that subsection.
(3) Upon the making by a public officer of an assignment under subsection (1), the Government, mày, until that assignment is revoked fo accordance with this Ordinance! deduct from the emoluments due to the public officer the amount assigned and remit it to the assignee.
4. (1) An assignment under section 301) shall be in such form as may be approved by the Secretary for the Civil Service, who shall publish such approved form in the Gazette.
(2) Where any approved form is amended or replaced, such amend- ment or new form shall be published in the Gazette.
(3) An assignment purported to be trade under section 3(1) that is not in a forma approved by the Secretary for the Civil Service shall be void.
5. (1) Subject to subsection (2), except with the written approval of an authorized officer, na deduction or payment shall be made in pursuance of so assignment under section 3(1) which has the effect of reducing the amount à public officer receives in any month to below 75% of the officer's emoluments payable at the time of the making of the assignment:
Provided that in no case shall any such deduction or payment have the effect of reducing the amount a public officer receives in any month to below 50% of such emoluments.
(2) In calculating the amount to be deducted under subsection (1) there shall be disregarded any other deductions made by the Government from the officer's emoluments.
6 (1) Notwithstanding section 3(2), au assignment made by a public officer under section 3(1) shall be revoked-
(a) by the death of the officer:
(b) by the expiration of the period of the assignment approved by an authorized officer under section (1) or the repayment of the loan to which the assignment relates, whichever is the sooner;
(c) by the making against the officer of an order under the Bank-
ruptcy Ordinance adjudging him bankrupt.
(2) Notwithstanding section 3(2), a public officer who has made an assignment under section 3(1) may, with the written approval of an authorized officer-
(a) amend the assignment;
(6) suspend the operation of the assignment; or
(e) revoke the assignment.
(3) An authorized officer shall not give approval for the purposça of subsection (2) until he has taken all reasonable steps to consult the assignee and taken into account any representation made by the assignee.
7. No action shall lie against the Goverment or any public officer (not being the public officer who made an assignment under section 301)
(a) by any public officer or any person claiming on behalf of any public officer in respect of any deduction or payment of his emoluments in pursuance of an assignment made under section 3(1) or an amended assignment under section 6(2)(a) or in respect of the exercise of any of the powers conferred by section 56(2);
(8) by any person for failure to make any deduction or payment from the emoluments of any public officer in pursuance of an assignment made under section 301) or an amended assignment under section 6(2)(a) or in respect of any approval given under section 6(2).
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B. Nothing in this Ordinance nor any assignment under this Ordin- Adulturot not ance shall prejudice any right or process of recovery of lax by the torjulet an Commissioner of Inland Revenue, nor any right of the Goverment to 2nd debris doe recover any moneys or debt due to it, whether by deduction from a public officer's emoluments or otherwise.
to Governmço I...
9. Section 12 of the Pensions Ordinance is amended by deleting Aasedament "A pension" and substituting the following-
at Peralesa Onlunce.
"Ne. M Save as otherwise provided in the Public Officers (Assignment of coup. #93 of 19000 Emoluments) Ordinance 1980, a pension".
10. Section 19 of the Police Force Ordinance is amended-
in subsection (1)
(a)
(i) in paragraph (<) by deleting or liable to be attached, sequestered or fevied upon for or in respect of any debt or claim whatsoever":
(i) by deleting paragraph (b)
(8) by deleting the full stop at the end of subsection (2) and sub-
stiloting a semicolon; and
(c) by inserting at the end of subsection (2) the following paragraph- an assignment made under the Public Officers (Assign- ment of Emoluments) Ordinance 1980.".
(No. 74 od 1980)
Passed by the Hong Kong Legislative Coung this 17th day of December 1980.
Clerk to the Legikarivé Ouncil.
Amendwest of Police Force Ordinance.
(cap. 232)