TNAG-0314-FCO40-350-Appointments-to-judiciary-of-Hong-Kong-1971 — Page 59

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

4. On the grounds of proven unsuitability (Ghana

and India), absence of special pension arrangements

(Nigeria) or lack of information (Federation of

Rhodesia and Nyasaland), various precedents have been

discarded as inappropriate for Hong Kong. The ODA

view as quoted below however, is that the pensions

problem could best be met by adopting the formula.

used first in the West Indies and later in Kenya.

"At present Judges in Hong Kong are

pensionable under the Pensions Ordinance, Cap

89, 1949, as amended. Pension is earned on a

constant of one six-hundredth and, for a judge,

is payable on retirement on or after the age of

55 or, with the approval of the Secretary of

State, on or after the age of 45.

In the West Indies the Pensions Act 1958,

as amended, provided for the public service to

earn pension on a constant of one six-hundredth

and for pension to be payable on retirement

after the age of 55 or, in special cases, with

approval, after the age of 50. The Federal

Supreme Court (Salaries and Pensions) Act 1960

provided enhanced terms for all judges, whether

elevated from the local bar or not, which

produced pensions earned on a constant of one

four hundred and eightieth with the

qualifications that the first ten years carried

double pensionability and that pension payable

as a result of service or less than five years

was limited to an amount of one-quarter of

annual pensionable emoluments.

Pension was

payable on retirement after the age or 60, and

2

/was

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