TNAG-1670-FCO40-23182-Future-of-Hong-Kong-continuity-of-administration-civil-serv-1987 — Page 284

23

(3) Where a pension ceases under subsection (1) or (2), the Governor may, from time to time during the remainder of the person's life, or during such shorter period or periods, either continuous or discontinuous, as the Governor shall think fit, direct that ex gratia payment of all or any part of the moneys to which such person would have been entitled by way of pension had he not been adjudicated bankrupt or declared insolvent be paid to, or applied for the maintenance or benefit of all or any, to the exclusion of the other or others, of the following, that is to say, such person and any spouse, child or children of such person, or such other of his dependants as the Governor may determine, in such proportions and manner as the Governor thinks fit, and such moneys shall be paid or applied accordingly.

(4) Moneys applied for the discharge of the debts of the person whose pension has ceased under subsection (1) or (2) shall, for the purposes of this section, be regarded as applied for his benefit.

(5) Where, by virtue of subsection (1) or (2), payment to a person of a pension granted to him is not being made and the person obtains his discharge from bankruptcy or insolvency, as the case may be, payment of the pension shall be restored to him as from the date on which he is so discharged.

29. (1) Where an officer to whom pension has been granted-

Pension benefits may be cancelled, suspended or reduced on

conviction, etc.

(a) is convicted of any offence in connexion with the public service under the Government, being an offence which is certified by the Governor to have been gravely injurious to Hong Kong or to be liable to lead to serious loss of confidence in the public service;

(b) is convicted of any offence under Part II of the Prevention of (Cap. 201.)

Bribery Ordinance, being an offence related to the person's previous public service under the Government; or

(c) is convicted of treason under section 2 of the Crimes Ordinance,

the pension may be cancelled, suspended or reduced.

(2) If after the retirement of an officer in circumstances in which he is eligible for pension benefits but before the pension benefits are granted he is convicted and sentenced as specified in subsection (1), any pension benefits eventually granted to him may be cancelled, suspended or reduced.

(3) Where an officer is compulsorily retired in the exercise of discipli- nary powers of punishment by the Government following a conviction of any offence referred to in subsection (1), the deferred pension which may be granted to him may be cancelled, suspended or reduced, or he may not be granted a deferred pension.

(4) For the purposes of subsections (1), (2) and (3), the Governor may determine

(a) whether pension benefits shall be cancelled, suspended or reduced,

or shall not be granted, as the case may be;

(b) the date from which pension benefits shall be cancelled, suspended

or reduced; and

(Cap. 200.)