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CAP. 401
Pension Benefits (Judicial Officers}
[1988 Ed.
1988 Ed.]
Pension Benefits (Judicial Officers)
ICAP. 401
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Pension benefits may be cancelled, suspended or
reduced on conviction, etc.
31. (1) Where an officer to whom a pension has been granted
(a) is convicted of an offence in connection with public service under the Government, and that offence 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;
(b) is convicted of an offence under Part II of the Prevention of Bribery Ordinance (Cap. 201), and that offence is related to the person's previous public service under the Government; or
(c) is convicted of treason under section 2 of the Crimes Ordinance
(Cap. 200),
the pension may be cancelled, suspended or reduced.
(2) If after the retirement of an officer in circumstances in which he is eligible for pension benefits but before the pension benefits are granted he is convicted as specified in subsection (1), and sentenced, any pension benefits eventually granted to him may be cancelled, suspended or reduced.
(3) Where an officer is compulsorily retired in the exercise of disciplinary powers following a conviction of any offence referred to in subsection (1), the deferred pension which may be granted to him may be cancelled, suspended or reduced, or he may not be granted a deferred pension.
(4) For the purposes of subsections (1), (2) and (3), a designated officer may, subject to section 32, determine
(a) whether pension benefits shall be cancelled, suspended or reduced, or
shall not be granted, as the case may be;
(b) the date from which pension benefits shall be cancelled, suspended or
reduced; and
(c) in the case of a reduction in pension benefits, the amount of the
reduction not exceeding 25% of the pension benefits.
Representations to designated officer
32. (1) The Governor may appoint an officer to be a designated officer for the purposes of this Ordinance and the appointment may be made either generally or for the purpose of enabling the officer, should he think fit, to exercise as regards a particular case specified in the appointment, any of the powers conferred on a designated officer by this Ordinance.
(2) Before a designated officer exercises a power conferred on him by section 29 or 31, he shall by a communication in writing addressed to the officer or other person concerned inform him that exercise of such a power in relation to him is being considered and why it is being considered.
(3) The communication shall state that, within a period specified in the communication (being a period ending not earlier than 30 days after the date of the communication or a longer period that the designated officer may allow),
the officer or other person to whom it is addressed may make representations to the designated officer as regards the exercise in relation to him of a power conferred on the designated officer by section 29 or 31.
(4) A person to whom the communication is addressed shall notify in writing the designated officer of his intention to make representations.
(5) The officer or other person to whom the communication is addressed shall, within the period specified in the communication (or a longer period that the designated officer may allow), be afforded an opportunity of stating in writing, or having so stated on his behalf, why any of the powers conferred by section 29 or 31 should not be exercised in relation to him.
(6) Where--
(a) a communication referred to in subsection (2) is issued;
(b) the period specified in the communication has expired;
(c) a notification referred to in subsection (4) not received by the designated officer from the person to whom the communication is addressed; and
(d) an application to extend the period specified in the communication is not received, or where an application to extend is received but is disallowed,
notwithstanding the absence of representations referred to in subsection (3), the designated officer may exercise in relation to the person a power conferred on the designated officer by section 29 or 31.
(7) A designated officer shall not exercise a power conferred on him by section 29 or 31 without having had regard to the submission (if any) made to him by or on behalf of the officer or other person concerned pursuant to this section.
(8) Where a designated officer exercises a power conferred on him by section 29 or 31, he shall forthwith notify in writing the officer or other person concerned.
Petition to Governor
33. (1) A person who is aggrieved by a decision of a designated officer made in the exercise of a power under section 29 or 31 may, within the period of 30 days beginning on the date of the notification of the decision, or a longer period that the Governor may permit, petition the Governor against the decision.
(2) Where the Governor receives a petition under subsection (1), he may, by a letter addressed to a member of the Panel established by section 29B of the Pension Benefits Ordinance (Cap. 99), require the Panel to consider and report to him on the petition, and where the Governor does so
(a) the Panel shall comply with the requirement; and
(b) before he determines the petition, the Governor shall have regard to
the report of the Panel.
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