1951-HKRS28-8-18_Part02 — Page 45

the Force and for

widows and

families of

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illness, which in the opinion of the board constituted for the purpose of this section, is attributable to or aggravated by such service, shall be entitled to apply for the appropriate disability pension. Such pension shall be paid in accordance with the lives whilst provisions of the Force Pay and Pensions Code at rates applie called out, in training able to his rank and appropriate to his unit.

those who

love their

or under

instractiont

Ordinance

No. 60 of 1949.

(a) The dependants of an officer or member, as declared on the date of enlistment or as subsequently notified to the Com- mandant, who loses his life whilst called out, in training or under instruction whose death is, in the opinion of the board constituted for the purpose of this section, attributable to the illness caused or aggravated by such service shall, irrespective of the deceased's nationality or domicile, be entitled to apply for the appropriate pension. Such pension shall be paid in accordance with the provisions of the Force Pay and Pensions Code at rates applic able to the deceased's rank and appropriate to his unit.

(3) For

the purpose of this section the expression “dependant" shall have the meaning assigned to it in the Force Pay and Pensions Code: Provided that the expressions "wife", "widow" and "child" shall have the meanings assigned to them in subsection (3) of section 17 of the Pensions Ordinance, 1949.

(4) (2) The Governor in Council may also for the better carrying out of the provisions of this section, make re- gulations providing for-

(i) the manner in which pensions, gratuities, or other allowances may be granted in respect of the death, dis ablement or illness of any officer or member;

(ii) establishing a board for the purpose of exercising and performing such powers, duties, privileges and functions as may be imposed upon it by lavar;

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in particular, for cases where an applicant owing to illness or any other cause is unable to be present at the hearing of an appeal;

(vii) payment of travelling expenses and allowances to members of a Tribunal, to appellants or to their representatives or attendants, and of medical expenses reasonably incurred by an appellant for the purpose of un appeal;

(viii) the recording and proving of the decisions of a Tribunal;

(ix) the appoinment of such staff as may be necessary to enable a Tribunal properly to fulfil its functions;

(x) all such matters whether similar to or of the same nature as the foregoing or not, relating to the powers, duties and procedure of a Tribunal.

(b) The decision of a Tribunal upon an appeal made under the provisions of any regulations made under this subsection shall be final and conclusive.

(c) In this subsection the expressions "Tribunal" and "appellant" mean respectively, any Pensions Appeal Tribunal established by regulations made under the provisions of sub-paragraph (ii) of paragraph (a) of this subsection, and any person who is aggrieved by the grant, variation or refusal of a pension, gratuity or other allowance and who appeals against such grant, variation or refusal.

(5) No pension, gratuity or other allowance granted under this section shall be assignable or transferable or liable to be

(iii) establishing Pensions Appeal Tribunals, t which an appeal may be made by, or on behalf of, any; person who has been granted or refused a pensiontached, sequestered or levied upon for or in respect of any gratuity or other allowance or whose pension, gratuity debt or claim whatsoever, other than a debt due to the Government or other allowance has been varied and who is aggrieved of the Colony. by such grant, refusal or variation;

(iv) the manner in which and the time within which appeals shall be made to and the manner in which appeals shall be heard by a Tribunal;

(v) the mode of proof, the admissibility of evidence and for the disclosure of documents whether in the possession of a Government department or not;

(vi) the representation of an appellant or any other party to the proceedings at the hearing of an appeal and

(6) Pensions, gratuities and other allowances shall be paid out of general revenue and are hereby made charges upon such

revenue.

18. (1) Every officer and member who when called out, in Hospital training or under instruction sustains wounds or injuries or treatment. contracts an illness shall be granted free hospital and medical