TNAG-1670-FCO40-23182-Future-of-Hong-Kong-continuity-of-administration-civil-serv-1987 — Page 87

Amendment of

Widows' and

Children's

Pensions Ordinance.

(Cap. 79.)

40

provisions in any such case in the manner specified by hir where inequity results from the application of such pro- visions; but any such exemption or modification shall not be detrimental to the officer or his dependants and shall be in keeping with the spirit of this Ordinance.

(2) No exemption or modification under subsection (1) shall become operative unless it has received the prior approval of the Legislative Council signified by resolution.";

(ac) in subsections (1) and (3) of section 21, by deleting "of the Colony"

wherever it occurs and substituting in each case the following-

"under the Government";

(ad) in subsection (2) of section 21, by deleting "in the Colony” in the

first place where it occurs and substituting the following--

"under the Government"; and

(ae) in subsections (2), (3) and (5) of section 21, by deleting "operative in the Colony" and substituting in each case the following-

"operative in Hong Kong".

37. The Widows' and Children's Pensions Ordinance shall be amended as follows-

(a) in subsection (1) of section 2-

(Cap. 305.)

(Cap. 89.) (

(i) by inserting the following definitions after the definition of "agreement"-

"authorized increase" has the same meaning as in the Pen-

sions (Increase) Ordinance;

"basic pension" has the same meaning as in the Pensions

(Increase) Ordinance;";

(ii) in the definition of "medical grounds"-

(A) in paragraph (a), by deleting "circumstances prescribed in paragraph (e) of section 6 of the Pensions Ordinance" and substituting the following-

"retirement on medical evidence to the satisfaction of the Governor that he is incapable by reason of any infirmity of mind or body of discharging the duties of his office and that such infirmity is likely to be permanent"; and

(B) in paragraph (b), by deleting "said paragraph (e)" and

substituting the following-

"circumstances prescribed in paragraph (a)"; and (iii) in the definition of "public officer", by deleting ", in the public service on pensionable terms" and substituting the following

of 1987.)

"who is appointed or re-appointed to an established office on terms which attract pension, gratuity or other benefits under the Pensions Ordinance or the Pension Benefits Ordinance 1987";