CO129-291 - Governor Sir Blake - 1899 [5-6] — Page 37

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

Should the widow of any public officer cease to assist or desert or abandon children who would be entitled on her death to draw pension, and who may be in a state of poverty or destitution, the Directors may, in their discretion, pay to the guardian of such children, such proportion of the pension as they may think fit in each case.

Such payments shall be considered as final. And the widow shall have no further claim on the Directors in respect thereof. This section shall apply to any cases of desertion that may have occurred before the passing of this Ordinance.

32. No pension payable from the fund shall be assigned or transferred, and every assignment or transfer shall be absolutely null and void and of no effect. No such pension shall be attached or levied upon or arrested or taken in execution on account of any debt or payment due by the person to whom such pension is payable.

[Ibid, s. 36.]

33. Should any question arise as to whether any person is a public officer within the meaning of this Ordinance, or as to whether any person is entitled to any pension as the widow or child of a public officer, or as to the amount of pension to which any widow or child shall be entitled, or as to the meaning or construction to be assigned to any section of this Ordinance, or to any rule or regulation made under the provisions thereof, it shall be lawful for the directors, and such directors are required, upon the application of any such public officer, widow, or child, to submit such question for decision to the Governor; and the decision of the Governor thereon, with the advice of the Executive Council, shall be final.

[Ibid, s. 9.]

34. No widow of a public officer, whose marriage was contracted after he had ceased to contribute, and no child of such marriage shall be entitled to any pension.

[Ibid, s. 26 (2).]

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Should the widow of any public officer cease to assist or desert or abandon children who would be entitled on her death to draw pension, and who may be in a state of poverty or destitution, the Directors may, in their discretion, pay to the guardian of such children, such proportion of the pension as they may think fit in each case. Such payments shall be considered as final. And the widow shall have no further claim on the Directors in respect thereof. This section shall apply to any cases of desertion that may have occurred before the passing of this Ordinance. 32. No pension payable from the fund shall be assigned or transferred, and every assignment or transfer shall be absolutely null and void and of no effect. No such pension shall be attached or levied upon or arrested or taken in execution on account of any debt or payment due by the person to whom such pension is payable. [Ibid, s. 36.] 33. Should any question arise as to whether any person is a public officer within the meaning of this Ordinance, or as to whether any person is entitled to any pension as the widow or child of a public officer, or as to the amount of pension to which any widow or child shall be entitled, or as to the meaning or construction to be assigned to any section of this Ordinance, or to any rule or regulation made under the provisions thereof, it shall be lawful for the directors, and such directors are required, upon the application of any such public officer, widow, or child, to submit such question for decision to the Governor; and the decision of the Governor thereon, with the advice of the Executive Council, shall be final. [Ibid, s. 9.] 34. No widow of a public officer, whose marriage was contracted after he had ceased to contribute, and no child of such marriage shall be entitled to any pension. [Ibid, s. 26 (2).] Page 6
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ï; " half. or portion of the half of the pension to which their mother, if she had survived their father, would have been entitled. The widow of such public officer shall be entitled to one- half of the pension to which she would have been entitled had there been no such children; and if the public officer dies leaving no such children, or when they cease to be entitled to pension, then she shall be entitled to the whole of such pension as she would have received had there been no such children. Should the widow die leaving no issue of her marriage with the public officer, the children of the first marriage shall be entitled to such pensions as if the public officer had not contracted such subsequent marriage. Should the widow die leaving children the issue of ber marriage with the public officer, such children shall be en- titled each to an equal share or portion of the pension to which their mother was entitled. 28. The children of a widower who shall become or has Pension to become a contributor to the fund shall be entitled on his children of a widower, death, and the children of a widower who has contributed Cryion Ord. to the fund and has died prior to the coming into operation 1 1898, of this Ordinance, shall be entitled from and after the s. 27.] 29 30 coming into operation of this Ordinance, to the pension to which they would have been entitled if their mother bad been living at the time of his becoming liable to contribute thereto.. death to be 00. The pension payable to any person entitled thereto l'ension to be under this Ordinance shall begin upon the death of the paid monthly, public cfficer or of his widow, as the ease may be, and shall and proof of sccrue daily and shall be paid mouthly. But before any produced such payment it shall be lawful for the directors to require before pay- proof that any widow or child is alive and entitled to the art, pension claimed by such widow or child. [Ord. 30 of 1890, 8.35 und *.37.3 -1. In any case in which a minor is entitled to pay- Directors to ment of a pension or portion of a pension under this appoint Ordinance, it shall be lawful for the directors to appoint person to re- ceive payment sme fit and proper person to whom such pension shall be on behalf of such mine Such appointment shall be in writing under the pinors. band of at least three of the directors, and the receipt of [Ibid, s. 30.] such person shall be a legal discharge for the payment of such pension or portion thereof. a child 9/. $1. 3 Should_the_widow of any public officer cease to assistr ́ ́desert or abandon children who would be entitled on her denth to draw pension, and who may be in a state of 36 poverty or destitution, the Directors may, in their discretion, a fit and proper persi pay to the guardian of such children, such proportion of on behalf of such child. the pension as they may think fit in each case. Suck payments shall be considered as final And the widow shall have no further claim on the Directors in resvect thereof. This section shall apply to any cases of desertion that may have occurred before the passing of this Ordinance. "children or levied 32. No pension payable from the fund shall be assigned Pensions not or transferred, and every assignment or transfer shall be to be assigned absolutely null and void and of no effect. No such pension upon. shall be attached or levied upon or arrested or taken in [7bid, a. 36.) execution on account of any debt or payment due by the person to whom such pension is payable. 33. Should any question arise as to whether any person Questions and is a public officer within the meaning of this Ordinance, or disputes to be as to whether any person is entitled to any pension as the decided by Governor in widow or child of a public officer, or as to the amount of Executive pension to which any widow or child shall be entitled, or Council. as to the meauing or construction to be assigned to any [1bid, #. 9.] section of this Ordinance, or to any rule or regulation made under the provisions thereof, it shall be lawful for the directors, and such directors are required, upon the application of any such public officer, widow, or child, to submit such question for decision to the Governor; and the decision of the Governor thereon, with the advice of the Executive Council, shall be final. 34. No widow of a public officer, whose marriage was Widow not contracted after he had ceased to contribute, and no child entitled to of such marriage shall be entitled to any pension. presion if marriage con- officer had tracted after ceased to con- tribute. [Ibid, 4. 26 (2).] 6
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half.

or portion of the half of the pension to which their mother, if she had survived their father, would have been entitled. The widow of such public officer shall be entitled to one- half of the pension to which she would have been entitled had there been no such children; and if the public officer dies leaving no such children, or when they cease to be entitled to pension, then she shall be entitled to the whole of such pension as she would have received had there been no such children. Should the widow die leaving no issue of her marriage with the public officer, the children of the first marriage shall be entitled to such pensions as if the public officer had not contracted such subsequent marriage. Should the widow die leaving children the issue of ber marriage with the public officer, such children shall be en- titled each to an equal share or portion of the pension to which their mother was entitled.

28. The children of a widower who shall become or has Pension to

become a contributor to the fund shall be entitled on his children of a

widower, death, and the children of a widower who has contributed Cryion Ord. to the fund and has died prior to the coming into operation 1 1898, of this Ordinance, shall be entitled from and after the s. 27.]

29

30

coming into operation of this Ordinance, to the pension to which they would have been entitled if their mother bad been living at the time of his becoming liable to contribute thereto..

death to be

00. The pension payable to any person entitled thereto l'ension to be under this Ordinance shall begin upon the death of the paid monthly, public cfficer or of his widow, as the ease may be, and shall and proof of sccrue daily and shall be paid mouthly. But before any produced such payment it shall be lawful for the directors to require before pay- proof that any widow or child is alive and entitled to the art, pension claimed by such widow or child.

[Ord. 30 of 1890, 8.35 und *.37.3

-1. In any case in which a minor is entitled to pay- Directors to ment of a pension or portion of a pension under this appoint Ordinance, it shall be lawful for the directors to appoint person to re-

ceive payment sme fit and proper person to whom such pension shall be on behalf of such mine Such appointment shall be in writing under the pinors.

band of at least three of the directors, and the receipt of [Ibid, s. 30.] such person shall be a legal discharge for the payment of such pension or portion thereof.

a child

9/.

$1.

3

Should_the_widow of any public officer cease to assistr ́ ́desert or abandon children who would be entitled on her denth to draw pension, and who may be in a state of

36

poverty or destitution, the Directors may, in their discretion, a fit and proper persi pay to the guardian of such children, such proportion of on behalf of such child.

the pension as they may think fit in each case.

Suck payments shall be considered as final And the widow shall have no further claim on the Directors in resvect thereof. This section shall apply to any cases of desertion that may have occurred before the passing of this Ordinance.

"children

or levied

32. No pension payable from the fund shall be assigned Pensions not or transferred, and every assignment or transfer shall be to be assigned absolutely null and void and of no effect. No such pension upon. shall be attached or levied upon or arrested or taken in [7bid, a. 36.) execution on account of any debt or payment due by the person to whom such pension is payable.

33. Should any question arise as to whether any person Questions and is a public officer within the meaning of this Ordinance, or disputes to be as to whether any person is entitled to any pension as the decided by

Governor in widow or child of a public officer, or as to the amount of Executive pension to which any widow or child shall be entitled, or Council. as to the meauing or construction to be assigned to any [1bid, #. 9.] section of this Ordinance, or to any rule or regulation made under the provisions thereof, it shall be lawful for the directors, and such directors are required, upon the application of any such public officer, widow, or child, to submit such question for decision to the Governor; and the decision of the Governor thereon, with the advice of the Executive Council, shall be final.

34. No widow of a public officer, whose marriage was Widow not contracted after he had ceased to contribute, and no child entitled to of such marriage shall be entitled to any pension.

presion if

marriage con-

officer had

tracted after

ceased to con- tribute.

[Ibid, 4. 26 (2).]

6

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