1970-HKRS29-8-37_Part06 — Page 12

Pensions for

disabled officers or members or for their dependants.

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(4) An officer of member who has been called out shall remain called out until he is stood down from active service by order of the Commanding Officer, with the prior approval of the Governor.

(5) Notwithstanding subsection (4), the Commanding Officer may direct any officer or member, who has been called out,-

(a) to stand down from active service; and

(b) to report back for active service at such place and al

such time as may be directed.

(6) On receipt of a direction under paragraph (a) of sub- section (5), the officer or member shall be deemed to have ceased to be on active service and, if a direction is made under paragraph (b) of that subsection, the officer or member shall, on reporting back in accordance with such direction, be deemed to have been called out on active service in pursuance of a new order under subsection (1).

15. (1) An officer or member who, when on active service or under training, sustains an injury or contracts an illness which, in the opinion of the board constituted for the purpose of this section, is attributable to or aggravated by such service, may be awarded a disability pension, which shall be paid in accordance with the provisions of the Order by Her Majesty applicable to his rank and appropriate to the Force.

(2) If an officer or member loses his life, whilst on active service or under training and his death is, in the opinion of the board constituted for the purpose of this section, attributable to an injury sustained during, or an illness caused or aggravated by, such service, his dependants may be awarded a pension which shall be paid in accordance with the provisions of the Order by Her Majesty applicable to the deceased's rank and appropriate to the Force.

(3) A pension payable in accordance with the provisions of subsection (1) or (2) shall be calculated in accordance with the provisions of the Order by Her Majesty in force at the date of the service in respect of which the pension is payable, irrespective of whether the officer or member, at such time, was on active service or under training.

(4) For the purpose of this section, the expression "depend- ant" shall have the meaning assigned to it in the Order by Her Majesty:

Provided that the expressions "wife", "widow" and "child" shall have the meanings assigned to them in subsection (3) of section 18 of the Pensions Ordinance.

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(5) The Governor in Council may, for the better carrying out of the provisions of this section, make regulations providing for-

(a) the manner in which pensions may be granted in respect of the death, disablement or illness of any officer or member:

(b) establishing a board for the purpose of exercising and performing such powers and duties, privileges and func- tions as may be imposed upon it by this Ordinance; (c) establishing a Pensions Appeal Tribunal, to which an appeal may be made by, or on behalf of, an officer or member, or any of his dependants, as the case may be, who has been granted or refused a pension, or whose pension has been varied and who is aggrieved by such grant, refusal or variation;

(d) 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 Pensions Appeal Tribunal;

(e) the mode of proof and the admissibility of evidence before a Pensious Appeal Tribunal, including the dis- closure of documents in the possession of a Government department;

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

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

(k) the recording and proving of the decisions of a Pensions

Appeal Tribunal;

(0 the appointment of such staff as may be necessary to enable a Pensions Appeal Tribunal properly to fulfil its functions:

() any other matter, whether similar to or of the same nature as the foregoing or not, relating to the powers, duties and procedure of a Pensions Appeal Tribuna).

(6) The decision of a Pensions Appeal Tribunal upon an appeal made under the provisions of any regulations made under this subsection shall be final.