221969-1935-Supplementary-Draft-Bills--Lunacy-Payment-of-Public-Allowances--Merchant-Shipping-Amendment-Pensions-Amendment--1934-Supplementary-Appropriation — Page 1

1348

Draft Bills.

No. S. 165.-The following Bills are published for general information :---

(C.S.O 3159/1935).

A BILL

[No. 18-8.5.35.-2.]

Short title.

Payment

ments,

pension, gratuity or allowance is payable to a public servant,

his widow

INTITULED

An Ordinance to regulate the payment of emoluments, pensions, gratuities or other allowances due to persons certified to be unable by reason of mental disability to manage their affairs.

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Lunacy (Payment of Public Allowances) Ordinance, 1935.

2. When any sum in respect of emoluments, pension, where emolu- gratuity or other allowance is payable out of the revenues of the Colony to any public servant, or to the widow or child of any public servant, and the person to whom the sum is payable is certified by two persons who are either Government Medical Officers or medical practitioners to be unable by reason of mental disability to inanage his or her or child and affairs, the Governor in Council may direct the payment of so much of the said sum as he may think fit to the institution or person having the care of the disabled person, and may direct the payment of the surplus, if any, or so much thereof as he may think fit, for or towards the maintenance and benefit of the wife or husband and relatives of the disabled person, and payment under such direction shall be a sufficient discharge from all liability in respect of any sums so paid.

the payee is certified to be

incapable.

53 Vict.

c. 5, s. 335.

Objects and Reasons.

1. Section 335 of the Lunacy Act, 1890, provides that when any sum in respect of pay, pension, superannuation, or other allowance, or annuity under the control or manage- ment of any public department is payable to any person, in respect either of service as a civil servant or of military or naval service or of provision for a widow or child of a person employed in civil, military or naval service, and the person to whom the sum is payable is certified by a justice or minister of religion, and by a medical practitioner, to be unable by reason of mental disability to manage his or her affairs, the public department may pay so much of the said sum as the department may think fit to the institution or person having the care of the disabled person, and may pay the surplus, if any, or such part thereof as the department may think fit, for or towards the maintenance and benefit of the wife or husband and relatives of the disabled person and the department shall be discharged from all liability in respect of any sums so paid.