TNAG-1670-FCO40-23182-Future-of-Hong-Kong-continuity-of-administration-civil-serv-1987 — Page 226

PENSION BENEFITS

(j) by substituting the following for section 7-

Discretionary power to grant ex gratia

payment where officer leaves

the public service.

Ord. No. 36/87

A207

7. Where an officer leaves the public service and a pension or gratuity cannot otherwise be granted to him under this Ordinance, the Governor may, if he thinks fit, grant such ex gratia payment to the officer as he thinks just and proper.'

(k) in section 8—

(i) by deleting from subsection (1) "a pensionable" in both places where it occurs and substituting in each case the follow- ing-

"an established"; and

(ii) by deleting subsections (2) and (3);

(1) in section 9—

(Cap. 89, sub. leg.)

(i) by substituting the following for subsection (1)—

"(1) Except in cases referred to in subsection (2), a pension (or in the case of more than one pension, the total of the pensions) granted to an officer under this Ordinance shall not exceed two-thirds of-

(a) the highest pensionable emoluments enjoyed or

drawn by him; or

(b) the notional highest pensionable emoluments deemed to have been enjoyed or drawn by him in the course of his service under the Government.

whichever is the greater.";

(ii) in subsection (2), by deleting "funds of the Colony" and substituting the following--

"general revenue";

(iii) in subsection (3), by deleting "funds of the Colony shall be subject to the approval of the Secretary of State, in order that it may be❞ and substituting the following-

"general revenue shall be subject to the approval of the Governor and”; and

(iv) by substituting the following for subsection (4)—

"(4) An additional pension granted to an officer under regulation 31 of the Pensions Regulations in respect of injury shall not be taken into account for the purpose of subsec- tions (1), (2) and (3); but where the officer is granted any such additional pension, the amount thereof together with any authorized increase on the additional pension from the date of the injury to the date when the additional pension is paid for the first time and any other pension or pensions granted to him shall not exceed five-sixths of

(a) the highest pensionable emoluments enjoyed or

drawn by him; or

(b) the notional highest pensionable emoluments deemed to have been enjoyed or drawn by him in the course of his service,

whichever is the greater."