TNAG-1670-FCO40-23182-Future-of-Hong-Kong-continuity-of-administration-civil-serv-1987 — Page 80

(Cap. 89, sub. leg.)

33

(2) Subject to the advice of the Public Service Commis- sion, the Governor may—

(a) refuse to grant a pension or allowance; or

(b) cancel or reduce a pension or allowance granted,

to an officer to whom section 6 or regulation 26(4) of the Pensions Regulations applies, if it be shown to the Governor that the officer retired during any disciplinary proceedings brought against him by the Government and had such proceedings been completed they would in the opinion of the Public Service Commission have led to his dismissal from the service or compulsory retirement in the exercise of discipli- nary powers of punishment by the Government with a reduction of the pension or allowance granted to him.

(3) A cancellation or reduction of pension or allowance 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 or allowance the reduction shall be by such amount, not exceeding 25 per cent of the pension or allowance, 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 Gover- nor 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.";

(r) by substituting the following for section 15——

"Pension, gratuity or allowance may be cancelled, suspended or reduced on conviction, etc.

(Cap. 201.)

(Cap. 200.)

15. (1) Where-

(a) an officer to whom a pension or allowance has been

granted—

(i) 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;

(ii) is convicted of any offence under Part II of the Prevention of Bribery Ordinance, being an offence related to the person's previous public service under the Government; or

(iii) is convicted of treason under section 2 of the Crimes Ordinance; or