TNAG-1212-FCO40-1515-Crimes-and-sentences-in-Hong-Kong--including-death-sentences-1982 — Page 16

A136

Ord. No. 26/82

PENSIONS (AMENDMENT)

(f) by deleting regulation 19A and substituting the following—

**Deemed increase in service.

19A. In the case of an officer who retires from the public service under section 6(e) of the Ordinance and whose period of qualifying service under the Government is--

(a) not less than 5 nor more than 20 years; or

(b) more than 20 years but whose period of pension-

able service is less than 20 years,

his pensionable service shall be deemed to be-

(i) twice the actual period of his pensionable service,

subject to a maximum of 20 years; or

(ii) the period of pensionable service that he would have completed if he had served until attaining the age of 55 years,

whichever is the lesser.";

(g) in regulation 21(b) by--

(i) deleting "on probation or agreement" and substituting the following-

"on agreement expressly providing for the payment of a gratuity dependent upon the length of his service or on agreement on monthly terms not providing for payment of a gratuity or while he was on probation"; and

(ii) inserting at the end thereof after "public service" the following-

"and, if on agreement providing for the payment of such a gratuity, has repaid the gratuity (if any) received in respect of that period";

(h) in regulation 26--

(i) by inserting at the end of paragraph (1) after "in excess of 25 years" the following--

and

any incomplete month of service shall be taken to be that fraction of complete month whereof the denominator is 30 and the numerator the number of days of service in that incomplete month, irrespective of the actual number of days in that month";

(ii) in paragraph (2)—

(A) by deleting sub-paragraph (b) and substituting the

following-

"(b) for the words "service in a pensionable office" in paragraph (1) there shall be substituted the words "public service";";

(B) in sub-paragraph (c) by deleting the full stop at the end

and substituting the following—

"; and"; and

(C) by inserting after sub-paragraph (c) the following-

"(d) for the words "section 6(c), (d) or (e) of the Ordinance" in paragraph (2)(ii) there shall be substituted the words "regulation 26(4)(c), (cc) or (d).";

PENSIONS (AMENDMENT)

Ord. No. 26/82

A137

(iii) by deleting paragraph (9) and substituting the following- "(9) In the case of an officer who retires under para- graph (4)(c) and whose period of service under the Govern- ment is-

(a) not less than 5 nor more than 20 years; or

(b) more than 20 years but whose period of service to be taken into account in computing an award under paragraph (1) is less than 20 years,

for the purposes of paragraph (1) or paragraph (8) his period of service to be taken into account in computing an award under paragraph (1) shall be deemed to be

(i) twice his actual period of service to be taken into account in computing an award under paragraph (1) (subject to a maximum of 20 years); or

(ii) the period of service to be taken into account in computing an award under paragraph (1) that he would have completed if he had served until attain- ing the age of 55 years,

whichever is the lesser.";

(i) in regulation 28(1)(b) by deleting "service in a non-pensionable

office" and substituting the following-

"monthly paid service";

(i) in regulation 29-

(i) in paragraph (2) by deleting "this regulation" and sub- stituting the following-

"paragraph (1)";

(ii) by deleting paragraph (2A) and substituting the following- "(2A) In the case of an officer whose period of service under the Government is-

(a) not less than 5 nor more than 20 years; or (b) more than 20 years but whose period of service to be taken into account in computing an award under regulation 26(1) is less than 20 years,

the commuted annual allowance gratuity, if any, may be sup- plemented by deeming his period of service to be taken into account in computing an award under regulation 26(1) to be twice his actual period of service to be taken into account in computing such award (subject to a maxium of 20 years) or the period of such service he would have completed if he had served until attaining the age of 55 years, whichever is the lesser:

Provided that this paragraph shall not apply in the case of a computation of à gratuity where the officer's service to be so taken into account has already been deemed under regulation 26(9) to be twice his actual period of such service or the period of such service he would have completed if he had served until attaining the age of 55 years.";

(iii) by adding after paragraph (2AA) the following new paragraph--

"(2B) For the purpose of supplementing under para- graph (2), (2A) or (6) the commuted annual allowance