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Even in the case of a bachelor who retires the abatement continues if he does not elect to discontinue; the case
of Isaac Alfred Wheal does not come within the enumeration
of cases bringing about cesser of contribution and rights
under the Ordinance.
The abatement in respect of Isaac Alfred Wheal should have continued; the persons to benefit being his widow in case, to adopt his own words, he should marry again, and the children, if any, provided the marriage was contracted during the abatement period, and before the year preceding his death section 15: In the
circumstances he must be deemed to have continued to
contribute.
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I am of opinion that Lilian heal, the widow, is entitled to a pension under the widows' and Orphans' Pension Ordinance, 1908, (Hong Kong).
I add that it is arguable that the arrears of contribution cannot now be recovered except from the
estate of Isaac Alfred Wheal deceased: The Ordinance
provided that all arrears of contributions due and
payable thereunder shall be a debt due by the officer section 7(4). However as it appears that the widow recognises en obligation to pay it seems unnecessary to pursue this point.
(Sd). H. K. Holmes,
Crown Solicitor,
Hong Kong.
30th October, 1926.
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