Records
to be kept
by the
Board,
Right to pensions.
Inter pretation.
Appoint- ment of a Pensions Appeal Tribunal
(3) In the case of any claim where the officer in charge of Force Records or the appropriate naval, military or air authorities, as the case may be, are unable to furnish a declaration as re- quired by this regulation the Board shall decide whether the disablement or death in respect of which the claim is made was due to service with the Force.
8.
The Board shall in the case of awards made in officers or members of the Force or their dependants-
(a) keep a record of all awards made;
(b) furnish a copy of every award to the officer in charge of
Force Records;
(c) inform every person to whom an award has been made of the terms of his award, and the procedure to be follow- ed in order to obtain payment thereof.
9. Where the Board has made an award under these re- gulations in respect of the disablement or death of any officer or member of the Fores, the person to whom the award has been made shall have the right to receive the sums payable under the award :
Provided that this regulation shall not affect any condi- tion to which the award or any payment thereunder is subject, on any power of the Board to vary or revoke the award, or to with- hold, reduce or apply any payment thereunder in accordance with the provisions of this Part.
PART II.
APPOINTMENT, POWERS AND Functions OF APPEAL TRIBUNAL.
10. References in this Part to the rejection of a claim or the withholding of an award shall be construed as including refer- ences to the cancellation of an award made on a claim.
11, (1) The Governor shall appoint a Pensions Appeal Tribunal, for the purpose of hearing appeals under these regula- tions which shall consist of→
(a) a judge or a district judge nominated by the Chief Justice
who shall be chairman;
(b) a medical practitioner registered in the Colony for a
period of not less than seven years;
(c) a person nominated by the Commandant of the Royal
Hong Kong Defence Force.
(2) The Pensions Appeal Tribunal shall sit upon such dates and at such places, and shall hear such appeals, as the chairman thereof may from time to time appoint.
(3) The Governor may appoint a person to be secretary lo the Pensions Appeal Tribunal.
12. (3) Where any claim in respect of the disablement of Appeain
against any officer or member of the Force is made under Part I of these rejection regulations and is rejected by the Board on the ground that the of clainis, injury (including a wound or disease) on which the claim is based-
(a) is not attributable to service with the Force; and (b) does not fulfil the following conditions, namely, that it existed before or arose during service with the Force and has been and remains aggravated thereby;
the Board shall notify the claimant of their decision, specifying that it is made on that ground, and thereupon an appeal shall lie to the Tribunal on the issue whether the claim was rightly rejected on that ground.
(2) Where, for the purposes of any such claim as aforesaid, the injury on which the claim is based is accepted by the Board as fulfilling the conditions specified in paragraph (b) of sub- regulation (1) but not as attributable to service with the Force the Board shall notify the claimant of their decision, specifying that the injury is so accepted, and thereupon an appeal shalt lie Lo the Tribunal on the issue whether or not the injury was attribur- able to such service.
(3) Where any claim, in respect of the death of any officer or member of the Force, is made under Part I of these regula- tions, and is rejected by the Board on the ground that neither of the following conditions is fulfilled, namely-
(a) that the death of that person was due to or hastened by an injury which was attributable to service with the Force;
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