1949-HKRS29-8-16_Part04 — Page 10

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Pensions,

etc., may cease on accepting certain appoint- ments.

Gratuity to catate where

in service

of the Colony.

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pension or allowance had he not been sentenced as aforesaid to be paid, or applied, in the same manner in all respects as prescribed in the preceding section, and such moneys shall be paid or applied accordingly.

(4) If such person after conviction at any time receives a free pardon, the pension or allowance shall be restored with retrospective effect; but in determining whether arrears of such pension or allowance are payable to such person and in computing the amount thereof, account shall be taken of all moneys paid or applied under the preceding sub-section,

16. If any person to whon: a pension or other allowance has been granted under this Ordinance otherwise than under section 17 becomes either a director of any company or a partner in any partnership the principal part of whose business is in any way directly concerned with the Colony, or an officer or servant employed in the Colony by any such company or partnership, without the prior permission of the Governor in writing, such pension or allowance shall cease if the Governor so directs :

Provided that it shall be lawful for the Governor, an being satisfied that the person in respect of whose pension or allowance any such direction shall have been given has ceased to be a director of such company or a partner in such partnership or to be employed as an officer or servant of such company or partnership in the Colony, as the case may be, to give directions for the restoration of such pension or allowance, with retrospective effect, if he shall see fit, to such a date as he shall specify, and the pension or allowance shall be restored in accordance with any such directions.

16, (1) Where an officer holding a pensionable office who is not on probation or agreement, or an officer holding a non- officer dies pensionable office to which he has been transferred from a pensionable office in which he has been confirmed, dies while in the service of this Colony, it shall be lawful for the Governor in Council to grant to his legal personal representative, or in case the gratuity does not exceed $2,500, to such person as the Governor in Council shall name as the recipient, a gratuity of an amount not exceeding his annual pensionable emoluments,

(2) Such gratuity if granted to the legal personal representative shall form part of the estate of the officer for purposes of distribution but, nevertheless, no estate duty shall be payable in respect thereof, and its addition to the principal value

of the estate shall not be taken into consideration for the purpose of increasing the rate at which estate duty on the remainder of the estate may be payable.

(3) For the purpose of this section, "annual pensionable emoluments" means the emoluments which would be taken for the purpose of computing any pension or gratuity granted to the officer if he had retired at the date of his death in the circumstances described in paragraph (5) of section 6 of this Ordinance.

17. (1) Where any officer dies as 2 result of injuries Pensions to received-

(a) in the actual discharge of his duty; and (b) without his own default; and

(e) on account of circumstances specifically attribu-

table to the nature of his duty;

while in the service of the Government of this Colony it shall be lawful for the Governor in Council to grant, in addition to the grant, if any, of a gratuity-

(i) if the deceased officer leaves a widow, a pension to her, while unmarried and of good character, at a rate not exceeding one-sixth of his annual pensionable emoluments at the date of the injury or four hundred and eighty dollars a year, whichever is the greater or in exceptional cases at a rate not exceeding one-fourth of such emoluments ;

(ii) if the deceased officer leaves a widow to whom a pension is granted under the preceding sub-paragraph and a child or children, a pension in respect of each child of an amount not exceeding one-eighth of the pension prescribed under the preceding sub-paragraph;

(ii) if the deceased officer leaves a child or children but does not leave a widow or no pension is granted to the widow, a pension in respect of each child of double the amount prescribed by the preceding sub-paragraph;

(iv) if the deceased officer leaves a child or children and a widow to whom a pension is granted under sub- paragraph (1) of this sub-section, and the widow subsequently dies, a pension in respect of each child as from the date of the death of the widow of double the amount prescribed in sub- paragraph (ii) of this sub-section;

(v) if the deceased officer does not leave a widow, or if no pension is granted to his widow, and if his mother was wholly or mainly dependent on him for her support, a

dependante when an officer ia killed on duty.