1949-HKRS28-8-16_Part04 — Page 24

Authenticated Laws 確真本香港法例 All

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T

Interpreta- 3. In these Regulations, unless the context otherwise

requires

Lion.

"qualifying service" means service which may be taken into account in determining whether an officer is eligible by length of service for pension, gratuity or other allowance;

"pensionable service" means service which may be taken into account in computing pension under these Regulations;

"the Ordinance" means the Pensions Ordinance, 1949.

PART II.

OFFICERS WITHOUT OTHER PUBLIC SERVICE,

Application

3. Save when the Governor in Council in any special case of Part II. otherwise directs, this Part of these Regulations shall not apply in the case of any officer transferred to or from the service of this Colony from or to other public service except for the purpose of determining whether such officer would have been eligible for pension or gratuity and the amount of pension or gratuity, for which the officer would have been eligible, if the service of the officer had been wholly in this Colony.

Pensions to

At what

4. Subject to the provisions of the Ordinance and of these whom and Regulations, every officer holding a pensionable office in this rates to be Colony, who has been in the service of this Colony in a civil granted.

capacity for ten years or more, may be granted on retirement a pension at the annual rate of one six-hundredth of his pensionable emoluments for cach complete month of his pensionable service.

Gratuities

whee length of service does not qualify for pension.

Marriage gratuities.

6. Every officer, otherwise qualified for a pension, who has not been in the service of this Colony in a civil capacity for ten years, may be granted on retirement a gratuity not exceeding five times the annual amount of the pension which, if there had been no qualifying period, might have been granted to him under Regulation 4 of these Regulations.

6. Where a female officer having held a pensionable office or offices in this Colony for not less than five years and having been confirmed in a pensionable office, retires from the service of this Colony for the reason that she has married or is about to marry, and is not eligible for the grant of any pension or otherwise eligible for gratuity under this Part of these Regula- tions, she may be granted on production within six months after her retirement, or such longer period as the Governor may in any

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particular case allow, of satisfactory evidence of her marriage, a gratuity not exceeding one-twelfth of a month's pensionable emoluments for each completed month of pensionable service in this Colony or one year's pensionable emoluments, whichever shall be the less.

7.

PART II.

TRANSFERRED OFFICERS.

This Part of these Regulations shall apply only in the Application case of an officer transferred to or from the service of this Colony of Part III. from or to other public service.

8. (1) In this Part and Part IV of these Regulations-

"Schedule Government" means the Government of any territory, or any authority, mentioned in the Schedule to these Regulations and includes the Government of Ceylon, in respect of any officer appointed to the service of that Government prior to the 4th February, 1948, and the Government of Palestine, in respect of any officer appointed to the service of that Government prior to the 15th May, 1948;

"Service in the Group" means service under the Government of this Colony and under a Scheduled Government or Scheduled Governments.

(2) Where an officer, to whom this Part of these Regulations applies, is, on his retirement from the public service, not granted a pension or gratuity in respect of his employment in the service in which he is last employed, solely by reason of the fact that he has not held office or pensionable office therein for a specified period he should nevertheless be deemed for the purpose of this Part of these Regulations to have retired in circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on pension or gratuity.

Interpreta- tion.

9. (1) Where the other public service of an officer to whom Pension

for service this Part of these Regulations applies has been wholly under one wholly or more Scheduled Governments, and his aggregate service would within the have qualified him had it been wholly in this Colony for a pension Group. under the Ordinance, he may, on his retirement from the public service in circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on pension or gratuity be granted in respect of his service in this

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