1949-HKRS29-8-16_Part04 — Page 6

Order may specify a date prior to such Order from which the office is deemed to be a pensionable office; and any such Order may from time to time be amended, added to, or revoked by an Order so made and published; but where by virtue of any such amendment or revocation any office ceases to be a pensionable office, then so long as any person holding that office at the time of the amendment or revocation continues therein, the office shall, as respects that person, continue to be a pensionable office; or

(ii) immediately preceding the commencement of this Ordinance was pensionable whether to holders of such office generally or to a particular holder; and such office shall continue to be pensionable until declared to be no longer pensionable by an Order made by the Governor in Council and published in the Gazette; and such Order shall have the like effect as an Order made under sub-paragraplı (i) hereof revoking an Order made under this Ordinance :

Provided that no declaration that any office is a pension- able office shall be deemed to imply that any folder thereof who is not on the permanent establishment of the Colony at the date of his retirement shall be pensionable;

(b) in respect of other public service an office which is for the time being a pensionable office under the law or regula- tions in force in such service;

**non-pensionable office" means an office which is not

a pensionable office;

"pensionable emoluments** means—

(4) in respect of service in this Colony substantive salary, expatriation pay and personal allowance but does not include any other emoluments whatever:

Provided that where this Ordinance requires the pension- able emoluments received at a date prior to the first day of January, 1947, by an officer to whom the Pensions Ordinance, 1932, applied, to be taken into account the interpretation given to the words "pensionable emoluments" in the said Ordinance shall be applied to such emoluments;

(b) in respect of other public service emoluments which count for pension in accordance with the law or regulations in force in such service;

"salary" means the salary attached to a pensionable office or, where provision is made for taking service in a non- pensionable office into account as pensionable service, the salary attached to that office;

"personal allowance" means a special addition to salary granted personally to the holder for the time being of the office, but does not include such an addition if it is granted subject to the condition that it shall not be pensionable;

"expatriation pay" means a special addition to salary granted in accordance with the General Orders of this Colony governing such pay;

"Secretary of State" means one of His Majesty's Principal Secretaries of State:

"public service" means service in a civil capacity under the Government of this Colony or the Government of any other part of His Majesty's dominions or of any British protec- torate, protected state or mandated or trust territory administered by the Government of any part of His Majesty's dominions, or of the New Hebrides or the Anglo-Egyptian Sudan, or service which is pensionable under the Teachers' (Superannuation) Act, 15 & 16 1925, or any Act amending or replacing the same, or under the Geo. 5 2.59. Colonial Superannuation Scheme, or in a Colonial University College or pensionable employment under a local authority in the United Kingdom, or in such other service as the Secretary of State may determine to be "public service" for the purpose of any provision of this Ordinance, and, except for the purposes of computation of pension or gratuity and of section 9 of this Ordinance, includes service as a Governor-General, Governor or High Commissioner in any part of His Majesty's dominions, any British protected state or protectorate, any mandated or trust territory administered by the government of any part of His Majesty's dominions, or the Anglo-Egyptian Sudan;

"public service in a civil capacity under the Govern- ment of this Colony" shall be deemed to include, as service in a non-pensionable office-

(a) service, other than service as a doctor, in a Chinese Public Dispensary administered by the Chinese Public Dispensaries Committee under the Secretary for Chinese Affairs, and

(8) service under the District Watch Force administered by the District Watch Committee under the Secretary for Chinese Affairs,

when such service has been followed without a break by service under the Government of this Colony; and the period from the 25th day of December, 1941, to the 31st day of March, 1947, shall