1949-HKRS29-8-16_Part04 — Page 7

Pension regulations.

be subject to the provisions of section 18 of this Ordinance as though such service, prior to the 25th day of December, 1941, as is included in paragraphs (a) and (b) hereof, was service under the Government of this Colony;

"other public service" means public service not under the Government of this Colony.

(2) For the avoidance of doubts it is hereby declared that, where an officer has been confirmed in a pensionable office and is thereafter appointed to another pensionable office, then, unless the terms of such appointment otherwise require, such last mentioned office is, for the purposes of this Ordinance, an office in which he has been confirmed.

(1) Pensions, gratuities and other allowances may be granted by the Governor in accordance with the regulations contained in the Schedule to this Ordinance to officers who have been in the service of this Colony and to the dependants of such persons where such service is terminated by death: Provided that where a pension, gratuity or other allowance is expressed to be grantable by the Governor in Council such pension, gratuity or other allowance shall be granted only by the Governor in Council.

The said regulations may from time to time be amended, added to, or revoked by regulations made by the Governor in Council with the sanction of the Secretary of State, and all regulations so made shall be laid before the Legislative Council and published in the Gaselts,

(2) All regulations made under this section shall have the same force and effect as if they were contained in the Schedule to this Ordinance, and the expression "this Ordinance" shall, wherever it occurs in this Ordinance, be construed as including a reference to the said Schedule.

(3) Whenever the Governor in Council is satisfied that it is equitable that any regulation made under this section should have retrospective effect in order to confer a benefit upon or remove a disability attaching to any person that regulation may be given retrospective effect for that purpose: Provided that no such regulation shall have retrospective effect unless it has received the prior approval of the Legislative Council approved by

resolution.

(4) Any pension or gratuity granted to any officer under This Ordinance shall be computed in accordance with the provisions relating to such officer which are in force at the actual date of his retirement,

charged on

4. There shall be charged on and paid out of the general Pensions, revenues of this Colony all such sums of money as may from Lite ele, to be to time be granted by way of pension, gratuity or other allowance revenues of in pursuince of this Ordinance.

this Colony.

6. (1) No officer shall have an absolute right to compensa- Pensione,

etc., not of tion for past services or to pension, gratuity, or other allowance: right. nor shall anything in this Ordinance affect the right of the Crown to dismiss any officer at any time and without compensation.

(a) Where it is established to the satisfaction of the Governor in Council that an officer has been guilty of negligence, irregularity or misconduct, the pension, gratuity, or other allowance may be reduced or altogether withheld; and if an officer is dismissed from the service of this Colony for such negligence, irregularity or misconduct, no pension, gratuity or other allowance shall be granted, unless in any special case the Governor in Council with the approval of the Secretary of State otherwise directs.

which

6. Unless otherwise provided under this Ordinance or Ciream- regulations made hereunder no pension, gratuity or other allowance stapes in shall be granted under this Ordinance to any officer holding a pension pensionable office except on his retirement from the public service may be granted. in one of the following cases -

(1) on or after attaining the normal age of retirement, as provided in section 8 hereof, or the age of 45 years when such retirement is with the approval of the Governor and, if such officer was appointed with the approval of the Secretary of State and has not attained the normal age of retirement, when such retirement is with the approval of the Governor and Secretary of State;

(2) in the case of transfer to other public service, on or after attaining the age at which he is permitted by the law or regulations of the service in which he is last employed to retire on pension or gratuity;

(3) on the abolition of his officu;

(4) on compulsory retirement for the purpose of facilitar- ing improvement in the organization of the department to which he belongs, by which greater efficiency or economy may be effected;

(5) on medical evidence to the satisfaction of the Governor or the Secretary of State that he is incapable by reason of any infirmity of mind or body of discharging the duties of his office and that such infirmity is likely to be permanent;