1973-HKRS28-16-21_Part02 — Page 14

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(b) existed before or arose during service and

has been and remains aggravated thereby, the officer or member may be awarded a pension, gratuity, allowance or other payment in accordance with the provisions of the Royal Warrant applicable to his rank and appropriate to the Regiment.

(2) Where an officer or member dies and a Pensions Assessment Board is of the opinion that the death was due to or hastened by-

(a) an injury which was attributable to service;

Of

(6) the aggravation by service of an injury which

existed before or arose during service,

the dependants of the deceased officer or member may be awarded a pension, gratuity, allowance or other payment in accordance with the provisions of the Royal Warrant applicable to the deceased's rank and appropriate to the Regiment.

(3) A pension, gratuity, allowance or other pay- ment awarded under this section shall be calculated in accordance with the provisions of the Royal Warrant in force at the date of the service in respect of which the pension, gratuity, allowance or other payment is awarded. irrespective of whether the officer or member was, at such time, in service.

(4) A pension, gratuity, allowance or other pay- ment awarded under this section-

(a) shall be paid from moneys provided by the

Legislative Council;

(b) shall not be assignable, transferable or liable to be attached, sequestered or levied upon for or in respect of any debt or claim what- soever, other than a debt due to the Gover- ment.

(5) The Governor in Council may make regula- tions for all or any of the following matters-

(a) the establishment of a Pensions Assessment

Board-

(i) with power to award a pension, gratuity, allowance or other payment under this section; and

(ii) for the purpose of exercising or per- forming such powers, duties or functions as

(Cap. 29.)

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may be conferred or imposed on it in connexion therewith;

(6) such modification of the Royal Warrant as may be considered necessary for the purposes of this section;

(c) the establishment of a Pensions Appeal Tribunal to which an appeal may be made against any award or refusal of a pension, gratuity, allowance or other payment, or against any decision or assessment of the degree of disablement by a Pensions Assess- ment Board, or against any variation of such award, decision or assessment;

(d) the making, conduct and hearing of appeals; (e) the submission and admissibility of evidence

in appeals:

( the representation of the parties to an appeal and, in particular, the representation of an appellant who for any reason unable to attend or conduct his appeal;

(g) the payment of travelling expenses, fees and allowances to members of a Pensions Appeal Tribunal, witnesses, appellants, and repre- sentatives and attendants of appellants;

(h) the payment of medical expenses reasonably incurred by an appellant for the purposes of an appeal;

(1) the recording and proving of decisions of

a Pensions Appeal Tribunal;

() the appointment and payment of such staff as may be necessary to enable a Pensions Appeal Tribunal properly to fulfil its func- tions:

(^) generally for the better carrying out of the

provisions of this section.

(6) For the purposes of this section- "dependant" shall be construed in the same way as

in the Royal Warrant:

Provided that “wife”. “widow" and "child" shall have the meanings assigned to them in section 18(3) of the Pensions Ordinance; "injury" includes wound and disease;