1940-HKRS28-8-1_Part02 — Page 32

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Regulations, be deemed to be on leave without pay, not granted on grounds of public policy, from the public service in which he was last employed, and to have held the substantive office last held by him in that service, prior to military service; and during any period between the termination of his military service and the date of his re- entering the public service he shall, for the said purposes, be deemed to be on leave as aforesaid from the service, and to have held the substantive office, in which he is re- employed: Provided that--

(a) This section shall not apply when either period men- tioned in paragraph (2) of this section exceeds three months, or such longer period as the Governor, with the approval of the Secretary of State, may in any special case determine: or if the officer fails, after serving with His Majesty's Forces, to re-enter the public service otherwise than in circum- stances in which he would be permitted, under the law applicable to the public service in which he is last employed prior to military service, to retire on pension or gratuity, such circumstances arising not later than the expiration of three months, or such longer period as may be determined as aforesaid, after the termination of his military service;

(b) If during any period mentioned in paragraph (1) of this section the officer shall have qualified for pension, or received emoluments in lieu of pension rights, actually in respect of military service, paragraph (1) of this section shall, as respecta that period, have effect as if the words "leave without salary not granted on grounds of public policy"

were substituted for the words "leave on full Salary":

(c) If during his military service the officer shall be injured or killed, he shall not, for the purposes of any provision of the principal Ordinance or of the Regulations thereunder relating to injury awards be deemed to have been injured or killed in the discharge of his duty;

(2) The provisions of this section which require that the officer shall be deemed to have held a specified office and to have been on leave from a specified service shall not apply in respect of any period during which he shall actually have held any other substantive office and have been on leave from any public service;

(e) Save where in any particular case the Governor otherwise directs, this section shall not apply where the office in the public service last held by the officer prior to military service was not a pensionable office,

Passed the Legislative Council of Hong Kong, this 17th day of October, 1940,

مسلم

dramaturgess.

Deputy Clerk of Councils.