1977-HKRS28-16-25_Part04 — Page 38

Made of mo electioox.

Prant of cl on nervilon,

Declan at Questings ander ine CHUNEDO.

Power of Governor

to pre direct)prak,

Pedino pol lo be posed.

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required by this Ordinance to be given to the Directors or the Director of Accounting Services, all or any part of the rights or benefits which would or might enure to him or his widow of children under this Ordinance shall be liable to be forfeited at the discretion of the Directors.

17. (1) Any election authorized to be made under this Ordinance shall be in writing and shall be made to the Director of Accounting Services.

(2) The date of the making of the clection shall be deemed to be the date of the receipt of the written notification of the election by the Director of Accounting Services.

(3) After the expiry of any period within which an election under this Ordinance is required to be made, any such election shall be irrevoc- able.

(4) The Directors may in their discretion in any special circumstances extend the period for making any election under this Ordinance.

(5) Where an officer dies during the period within which he may make any election under this Ordinance without making that election, and he leaves a widow or children who would benefit from a pensjon that might enure under this Ordinance, the Secretary for the Civil Service may make the election on behalf of the officer if he considers that it would have operated to the advantage of the beneficiaries, and for ali purposes of this Ordinance the election shall be deemed to have been made by the officer immediately before his death.

18. The Director of Accounting Services may require such proof as he considers desirable that any person who claims to be entitled to a pension under this Ordinance, or on behalf of whom such cluim is made, is alive and entitled to the pension, and the payment of any peusion may be refused until such proof is furnished to the satisfaction of the Director of Accounting Services,

19. If any question arises as to whether any person is a contributet within the meaning of this Ordinance, or as to whether any person is entitled to any pension as the widow or child of a contributor or as to the amount of pension to which any widow or child is entilled, or as to the meaning of construction to be assigned to any provision of this Ordinance, the Directors may, and if required by any contributor or widow or child of a contributor or a person claiming to be such, shall, submit such question to the Governor for decision, and the decision of the Governor shall be final.

20. (1) The Governor may give such directions as he thinks fit (either generally or in any particular case) with respect to the exercise or per- formance by the Directors or any public officer of the powers, duties and functions of the Directors or the officer under this Ordinance.

(2) The Directors and all public officers shall, in the exercise or performance of any powers, dulies or functions under this Ordinance, comply with any directions given by the Governor under subsection (1)

21. Except as may be expressly provided in this Ordinance no pension payable and no rights of any person under this Ordinance shall be assignable or transferrable or liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatsoever, save a debt due to the Government by reason of non-payment of contributions or over- payment of pension or otherwise arising out of or in connexion with the operation of this Ordinance.

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22. Where a marriage which is voidable but not void from the Enca of beginning is declared to be null by any court of competent jurisdiction, certalo audity the same results shall follow under this Ordinance as would have followed deprce, thereunder if the marriago had not been voidable and had been dissolved

at the date of the decrEC.

23. (1) There shall be paid out of the general revenue of Hong Foundal Kong-

pronkton. (a) any pension or return of contributions, interest thereon and addition thereto payable under or by virtue of this Ordinance; (b) any expenses incurred in the administration of this Ordinance, (2) Contributions, interest thereon and any addition thereto paid by contributors under this Ordinance shall be paid into the general revenue of Hong Kong.

24 Where this Ordinance applies to a divorced or widowed female Date of public officer under section 3 and the Schedule, it shall do so from the anndication to following date.

(a) the conumencement of this Ordinance in the case of a divorced or widowed officer who was in service under the Government on pensionable terras at such commencement;

(6) the date of her divorce or her husband's death in case of an officer who after the commencement of this Ordinance was fa service under the Government on pensionable terms at the line of her divorce of her husband's death;

(c) the date of her appointment or transfer to service under the Government on pensionable terms in the case a divorced or widowed officer so appainted or transferred after the commence ment of this Ordinance who was not in service under the Govern- ment immediately prior to such appointment;

(d) in the case of an officer who was in service under the Government on non-persionable terms immediately before she was, after the commencement of this Ordinance, appointed to such service on pensionable terma-

(i) the date on which she was first both a divorcee or widow and in continuous service, or

(i) the commencement of this Ordinance,

whichever is the later, if she so elects at the same time as she elects that this Ordinance shall apply to her; and if she does not elect for the date specified in sub-paragraph (1) or (D), the date she was appointed to service under the Government on pensionable terms;

Provided that if the officer was on agreement immediately before She was appointed on pensionable terms, the date shall not be earlier than the date of commencement of her pensionable service.

femaks officer.

25. Where a public officer ceases to be a contributor under the exist- No decrease ing Ordinance otherwise than in pursuance of section 35 thereof and of vidus

benelita. becomes a contributor under this Ordinance, then notwithstanding anything

to the contrary is this Ordinance, if—

(a) there being no children's pension payable, the rate of the widow's

pension; or

(b) there being no widow's pension payable, the rate of the children's

pension; or