595196-1939-War-Pensions-and-Detention-ALlowances-Mercantile-Marine-etc--Scheme — Page 12

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 8, 1939. 1293

contained in the Fourth Schedule to this Scheme, an allowance (hereinafter called a detention allowance ") which shall be of such a total yearly or weekly amount as is specified in either of those Tables in relation to the equivalent naval rank of that detained person and to those corresponding circumstances :

Provided that where a detained person has during any period both an eligible child and a dependant, the detention. allowance which may be awarded under this Article in respect. of that period shall, for the purposes of this Part of this Scheme, be deemed to be awarded by reason of the fact that he has an eligible child and not by reason of the fact that he has a dependant.

allowances of a

15. A detention allowance awarded in respect of a Detention period during which the detained person has a wife, unmarried wife, eligible child or dependant shall be treated as consisting detained of two parts of which one part (hereinafter referred to as a wife, etc., the reserved part ") shall be reserved for that detained to consist of person and of which the other part (hereinafter referred to as

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the available part ") shall be available for his wife, unmarried wife, eligible child or dependant in accordance with the provisions of this Scheme.

person with

two parts.

part.

16. The reserved part of a detention allowance shall be Reserved of such yearly or weekly amount as is specified in the appro- priate Table contained in the Fourth Schedule to this Scheme in relation to the total amount of that detention allowance and may be paid to the detained person or to his personal represen- tatives after the end of the period of detention in respect of which, or part of which, that detention allowance is awarded.

part.

17.-(1) The available part of a detention allowance Available shall be of such yearly or weekly amount as is specified in the. appropriate Table contained in the Fourth Schedule of this Scheme in relation to the total amount of that detention allowance.

(2) The whole or any part of the available part of a detention allowance may, during the period in respect of which that detention allowance is awarded, be paid to the wife, the unmarried wife, or any eligible child or dependant of the detained person or may be distributed between any two or more of them in accordance with any direction given by the Minister.

(3) So much of the available part of a detention allowance as is not paid under paragraph (2) of this Article may, during the period in respect of which that detention allowance is awarded, or any subsequent period falling within the period of detention of the detained person, be applied for the benefit of the detained person in accordance with any direction given by the Minister.

(4) In giving any direction under paragraphs (2) or (3). of this Article, the Minister shall have regard to all such circumstances as he may, upon the evidence available to him, consider relevant in the case to which the direction relates.

of balance

18.--(1) If at the end of a period of detention the avail- Application able part of a detention allowance awarded in respect of the of available whole or some part of that period has not been wholly paid part, if any. or applied under the last preceding Article, there may be paid to the detained person or his personal representatives the