TNAG-1670-FCO40-23182-Future-of-Hong-Kong-continuity-of-administration-civil-serv-1987 — Page 293

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(m) by repealing section 10; (n) as regards section 12-

(Cap. 112.)

(i) by renumbering the section as subsection (1);

(ii) by deleting "periodical sums of" from paragraph (b); and (iii) by inserting the following subsection after subsection (1)—

"(2) Where any person who is granted a pension, gratuity or other allowance owes a debt to the Government, the Director of Accounting Services may, whether or not with the consent of the person, make such deductions from the pension, gratuity or other allowance not exceeding 25 per cent thereof, as the Director of Accounting Services thinks fit for the purpose of satisfying the debt; but the maximum of 25 per cent shall not apply to any tax payable under the Inland Revenue Ordinance.

(0) in subsection (3) of section 13--

(i) by deleting "the Secretary of State, or if the person in question is resident in the Colony,";

(ii) by deleting "Secretary of State or the Governor, as the case may be," in both places where it occurs and substituting the following--

"Governor"; and

(iii) by inserting after "children of such person" the follow-

ing-

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or such other of his dependants as the Governor may determine,";

(p) by substituting the following for subsection (5) of section 13—

"(5) Where, by reason of subsection (1) or (2), payment to a person of a pension or other allowance 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, allowance or pension and allowance, as may be appropriate, shall be restored to him as from the date on which he is so discharged.";

(q) by substituting the following for section 14

"Power not to grant, or to cancel or

reduce, pension or allowance.

14. (1) After taking into consideration the advice of the Public Service Commission or the Judicial Service Com- mission, as the case may require, the Governor may-

(a) refuse to grant a pension or allowance to an officer if it be shown to the Governor that the officer wilfully suppressed facts that are material to the grant of a pension or allowance; or

(b) cancel or reduce a pension or allowance granted to an officer if it be shown to the Governor that the pension or allowance was obtained by the wilful suppression by the officer of facts, or that it was granted in ignorance of facts, which were such that had they been known before the retirement of the officer the pension or allowance would not have been granted in full or in part.