(c) on account of circumstances specifically attributable to the
nature of his duty,
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 exceptional cases, at a rate not exceeding one fourth of such pay:
(ii) if the deceased member leaves a widow to whom a pension is granted under sub-paragraph (i) and a child or children, a pension in respect of each child of an amount not exceeding one eighth of the pension prescribed under sub-paragraph (i); (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 sub-paragraph (iii):
(v) if the deceased member leaves a child or children and a widow to whom a pension is granted under sub-paragraph (ũ), 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 amoual prescribed in sub-paragraph (iii);
(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) pensions shall not be payable under this regulation at any time
in respect of more than six children;
(b) in the case of a pension granted under sub-paragraph (vi), 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 eighteen years and in the case of a female on marriage or at the age of twenty one years.
(2) For the purposes of this regulation—–
(a) 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;
(b) 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 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 simul- taneously 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:
(c) where member contracts a lawful Chinese customary
marriage “wife” shall mean the kit fat or tin fong wife;
(d) "widow" shall mean the woman who is the wife of a member
at the time of his death;
(e) "child" shall mean-
() the child of a member borne by a woman who is the wife of such member at the time of the birth; and
(ii) a person wholly or mainly dependent upon the deceased member for support, adopted as a child by such member before the date of injury in a manner recognized by the Governor.
COUNCIL CHAMBER,
27th January, 1959.
La
Clerk of Councils.
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