TNAG-1670-FCO40-23182-Future-of-Hong-Kong-continuity-of-administration-civil-serv-1987 — Page 69

Pension to

ccase on

bankruptcy.

22

(b) cancel or reduce a pension granted to an officer if it be shown

the Governor that the pension was obtained by the wilful suppres sion 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 would not have been granted in full or in part.

(2) Subject to the advice of the Public Service Commission, the Governor may

(a) refuse to grant a pension; or

(b) cancel or reduce a pension granted,

to an officer to whom section 11(1)(a) or (j) applies, if it be shown to the Governor that—

(i) the officer retired during any disciplinary proceedings brought against him by the Government, or resigned from the service to avoid such disciplinary proceedings; and

(ii) had such proceedings been completed or taken place they would in the opinion of the Public Service Commission have led to the dismissal of the officer from the service or compulsory retirement in the exercise of disciplinary powers of punishment by the Government with a reduction of the pension benefits granted to him.

(3) A cancellation or reduction of pension under subsection (1)(b) or (2)(b) shall be effective as from such date as the Governor shall determine, and in the case of a reduction of pension the reduction shall be by such amount, not exceeding 25 per cent of the pension, as the Governor shall determine.

(4) Any decision under subsection (1) or (2) and any determination under subsection (3) shall be forthwith notified in writing by the Secretary for the Civil Service to the person concerned.

(5) Any person who is aggrieved by any decision under subsection (1) or (2) and any determination under subsection (3) may, within 30 days of the notification to him of the decision or determination or such longer period as the Governor may in any particular case permit, petition the Governor against the decision and determination and the Governor may confirm, vary or reverse the decision and determination as he thinks fit.

28. (1) If any person to whom a pension has been granted is adjudi- cated bankrupt or is declared insolvent by judgment of any court, subject to subsection (5), payment of the pension shall cease as from the date on which he is so adjudicated.

(2) If any person is adjudicated bankrupt or declared insolvent- (a) after retirement in circumstances in which he is eligible for pension but before the pension is granted, any pension eventually granted to him shall cease as from the date of adjudication or declaration, as the case may be; or

(b) before such retirement, and he has not obtained his discharge from bankruptcy or insolvency at the date of his retirement, a pension may be granted to him, but, subject to subsection (5), payment on foot thereof shall forthwith cease.