1951-HKRS30-8-41_Part01 — Page 32

11. (1) If a member of the Reserve dies as a result of injuries received-

(a) in the actual discharge of his duty; and

(b) without his own default; and

(c) on account of circumstances specifically attributable

to the nature of his duty,

while called out for active service, it shall be lawful for the Governor in Council to grant-

(i) to the dependants of such member a gratuity not exceeding nine months' pay Provided that the dependants who shall be recipients of any gratuity granted under this regulation shall be such as may be named in the award in each particular case and The gratuity shall not form part of the estate for the purpose of distribution nor shall it be taken into account in computing estate duty;

(i) if the deceased member leaves a widow, a pension to her, while unmarried and of good character, at a rate not exceeding ten sixtieths of his annual pay at the date of the injury or four hundred and eighty dollars a year, whichever is the greater or in excep-- tional cases at a rate not exceeding one fourth of such payi

(ii) if the deceased member 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;

(iv) if the deceased member 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;

(v) if the deceased member leaves a child or children and a widow to whom a pension is granted under sub- paragraph (1) of this regulation, 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 (iii) of this regulation;

(vi) if the deceased member 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 pension to the mother, while of good

character and without adequate means of support, of an amount not exceeding the pension which might have been granted to his widow:

Provided that-

(A) pension shall not be payable under this regulation

at any time in respect of more than six children; (B) in the case of pension granted under sub-paragraph (vi) of this regulation, if the mother is a widow at the time of the grant of the pension and subsequently remarries such pension shall cease as from the date of remarriage; and if it appears to the Governor in Council at any time that the mother is adequately provided with other means of support, such pension shall cease as from such date as the Governor in Council may determine; and

(C) a pension granted to a child under this regulation shall cease in the case of a male at the age of 18 years and in the case of a female child on marriage at the age of 21 years.

(2) For the purposes of this regulation-

(a) "pay" shall not include any allowances ; (b) where a member contracts a marriage and by reason of the form thereof he is precluded from being married to another person at the same time, “wife" shall mean the woman to whom such member is lawfully married;

(c) where a member contracts a marriage and by reason of the form thereof he is or becomes lawfully married to more than one woman at the same time, "wife" shall mean the woman to whom such member first married; Provided that in the event of any wife eligible for a pension under this regulation ceasing to be so eligible and at the time of such cessation the member was lawfully married as aforesaid to another wife or other wives the member shall be deemed for the purposes of this regulation to have become a widower at the time of such cessation aforesaid and simultaneously to have married the woman who at such time was his wife and whom he married first after his marriage to the wife who has ceased to be eligible as aforesaid;

(d) where a member contracts a lawful Chinese customary marriage "wife" shall mean the Kit Fat or Tin Fong wife;