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benefits of the scheme no matter whion he marries, cordingly the new sub-section (4) gives the option to the widower with pensionable children.
15. Section 9 (5) of the principal Ordinance provides that an officer who leaves the service married and with pension- able children shall have no option of continuing after the cessation of the last risk. Curiously enough, an officer who leaves the service married without pensionable children cau under the principal Ordinauce continue to contribute after the death of his wife, and cau secure the benefits of the scheme if he remarries and leaves a widow or children of the second marriage. To make the Ordinance consistent with the principles adopted above the new sub-section (5) gives the option to an officer who leaves the service mar ried with or without pessionable children.
16. The new sub-sections (6), (7), (8) and (9) deal with the case of an officer who leaves the service without a pension. They render section 11 of the principal Ordi- Dance unnecessary. They provide that if an officer elects to continue to contribute he will be liable to continue his contributions, and will be liable to contribute at the rate of 4% on his final salary, any reduction of the salary on interdiction being disregarded. The contribution is to be payable on the 31st December and 30th June in each year, and if he fails to pay any instalment within three months after the due date he shall be deemed to have ceased to contribute. If any officer who leaves the service without a pension elects not to contribute, or subsequently ceases to contribute, any pension will be calculated on the basis of the interest acquired by the officer at the date of bis censing to contribute.
17. The new sub-section (10) is inserted in order to put a definite limit to the time up to which any option given by the section can be exercised. It seems to be necessary because section 8 of the principal Ordinance deals only with abatements, and section 9 includes both abatements and payments inale by an officer who is not receiving any pay or pension.
18. The new sub-sections (11), (12) and (13) effect no change in the law.
19. As section 11 of the principal Ordinance will no longer be required it is repealed by section 1 of this Ordinance, and section 10A of the principal Ordinance is renumbered as section 11.
20. Section 15 (1) of the principal Ordinance provides that no widow of an officer whose marriage was contracted after he had ceased to contribute, and no child of such marriage, shall be entitled to a pension. This seems un- fair and harsh if applied to an officer who has ceased to contribute solely for the reason that he had contributed for 35 years or has reached the age of 65. Sneh an officer
wiil ex hypothesi have paid his full contribution and will not have been any actual burden on the scheme. It is considered that his contributions should be treated as covering any future risk, and this is effected by the proviso added by section 12 of this Ordinance.
21. Under the principal Ordinance the pension to a male orphan ceases at the age of 18 years. cases this in a very expensive tine in the boy's education In many and there is a strong feeling that the age ought to be raised to 21. This amendment is effected by section 13 of this Ordinance.
22. The Tables contained in the Schedule to the prin- cipal Ordinance are all worked out on the 6% basis, i.e., on the assumption that the contributions are earning in- terest at the rate of 6%. New tables have been approved, not for Hong Kong ouly, which assume a rate of 8%. These new tables will be substituted for the old tables by section 18 of this Ordinance. Section 14 of this Ordinance
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provides that all future pensions shall be calculated on the hasis of the new tables and that all existing pensions shall be recalculated on that basis. This will mean a certain increase in existing pensions and in the calculation of future pensions, but the increase will not be so great As might be imagined because a temporary increase of 25% has been made during recent years,
23. Sub-section (2) of the old section 17 is re-enactedl
as section 18 by section 15 of this Ordinance.
24. Section 21 of the principal Ordinance provides (1) that a wife against whom au officer has obtained a divorce shall be considered as dond for the purposes of the Ordi- paure, and (2) that where au oficer and his wife have been separated, either judicially or by mutual consent or otherwise, the directors muy grant the pension either to the widow or to the orphans, baving regard to the grounds of the separation and the subsequent conduct of both par- ties. The section is open to criticism on the following grounds :--
(a) It does not deal with the case of a livorce at the suit of the wife, unless this case is intended
to be included in the word "otherwise ".
(b) If that was the intention it should be made
more clear.
(c) Again, if that was the intention, the directors should not have discretion to deprive the wife of her pension.
(d) It does not deal with the case of nullity, unless that case is intended to be included in the word otherwise". Similar remarks to those in (b) and (c) above apply to this case also. (e) The second part of the section throws a diffi- cult and unnecessary inquiry on the directors. The interests of the children are sufficiently guarded by section 26 of the principal Ordi-
nance.
(f) The term
"British court of justice' is not entirely clear.
Section 16 of this Ordinance, therefore, repeals section
21 of the principal Ordinance and substitutes a section
containing the following provisions : →
(i) When a marriage has been dissolved at the suit of the husband, the wife shall be considered as dead.
(ii) When a marriage has been dissolved at the suit of the wife, such wife and the children (if any) of the marriage shall be entitled to the exclu- sion of any subsequent wife and children, 80 long as the former wife remains alive and uumurried or any of the former children remain pensionable.
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(iii) When a marriage has been declared null and void the wife or pretended wife shall be con- sidered as dead.
(iv) A more particular description is substituted for
the term "British Court of Justice".
It will be noticed that where the wife is divorced by the husband any children of the marriage will under section 22 of the principal Ordinance be entitled to at least half of the whole pension.
25. Section 17 of this Ordinance adds two new sectious
to the principal Ordinance. The new section 33 (1) gives power to the Governor in Council to refund his contribu tious to an officer who has contributed in the mistaken belief that he was liable to contribute under the Ordinance. Such cases have occurred.
26. The new section 33 (2) has alrealy been referred to in paragraph 6 above.
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