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(b) where the beneficiary of a deceased officer is a child who is fatherless and motherless, the option shall be exercised by the legal guardian of such child or in default thereof by the legal personal representa- tive of the deceased officer in respect of whose death the pension, gratuity or other award is payable or in default of such guardian or legal personal representative by the Director of Accounting Services. (3) If under the appropriate Ordinance applicable to the Royal Hong Kong Regiment, the Royal Hong Kong Auxiliary Police Force, the Royal Hong Kong Auxiliary Air Force or the Essential Services Corps a pension, gratuity or other award may be granted in respect of injury or death during training or instruction or other form of service, then the expression "service" in subsection (1) includes training, instruction or other form of service in the Regiment, Force or Corps, as the case may be.

18. Where an officer leaves the public service and a pension or short service 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.

Discretionary power to grant ex gratia payment where officer leaves the public

service.

19. (1) Subject to subsection (3), where an officer dies as a result of Dependant injuries received-

(a) in the actual discharge of his duty;

(b) without his own default; and

(c) on account of circumstances specifically attributable to the nature

of his duty,

while in service under the Government, the Governor shall grant, in addition to a death gratuity (if any)—

(i) if the officer leaves a spouse, a dependant pension to the spouse, whilst the spouse remains unmarried, at a rate not exceeding one-sixth of the officer's annual pensionable emoluments at the date of the injury or $12,000 a year, whichever is the greater:

Provided that the Governor may, in his discretion, grant a dependant pension under this paragraph at a rate not exceeding one-fourth of such pensionable emoluments;

(ii) if the deceased officer leaves a spouse to whom a dependant pension is granted under paragraph (i) and one or more children, a dependant pension to each child of an amount not exceeding one-eighth of the dependant pension granted in accordance with paragraph (i);

(iii) if the deceased officer leaves one or more children, but does not leave a spouse or leaves a spouse to whom no dependant pension is granted, a dependant pension to each child of double the amount in accordance with paragraph (ii):

Provided that the dependant pension granted to a child or children under this paragraph shall be not less than $6,000 a year where no other dependant pension is granted under this section; (iv) if the deceased officer leaves one or more children and a spouse to whom a dependant pension is granted, and the spouse subse- quently dies, re-marries or ceases for any other reason to receive the dependant pension, a dependant pension to each child as from the

pension.

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