595196-1939-War-Pensions-and-Detention-ALlowances-Mercantile-Marine-etc--Scheme — Page 15

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THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 8, 1939.

Payment of allowances for children.

General provisions as to allowances.

Provision

for taking

certain

(c) satisfied that the child would have been likely, having regard to the ability of the child and the circumstances of his family, to receive an education of the same type if his father had not been detained.

23.—(1) Without prejudice to any other provision of this Scheme, any allowance awarded under this Part of this Scheme which may be paid to a child, and any allowance awarded under this Part of this Scheme for a child, or for the education of a child, may be paid to the parent or guardian of that child, or to that child, or may be applied as to the whole or any part thereof for the benefit or education of the child, as the case may be, by such person and in such manner as the Minister may think fit.

(2) The receipt of any parent, guardian or child for any amount paid to him by the Minister under this Article shall be a good discharge to the Minister.

24. Notwithstanding anything contained in this Part of this Scheme-

(a) no allowance under this Part of this Scheme shall be awarded in respect of the whole or any part of the period of detention of a detained person, or for his children or for the education of his children, if, in the opinion of the Minister, his detention is due to the serious negligence or misconduct of that detained person;

(b) if the Minister is satisfied that any sum has been paid or will become payable to a detained person, or to his wife, unmarried wife, eligible child or dependant by way of, or in lieu of, the salary or wages of that detained person, or by way of compensation for the loss of his salary or wages, or in fulfilment of any contract of service entered into by that detained person, and that that sum has been paid or will become payable in respect of the whole or any part of a period of detention of that detained person or in connexion with his detention, such deduction may be made and from such allowance payable under this l'art of this Scheme in respect of that period, as the Minister shall consider appro- priate having regard to the amount of any such sum aforesaid and the circumstances in which it has been paid or will become payable;

as

(c) no allowance shall be paid under this Part of this Scheme unless a claim is made for that allowance within such period as the Minister may direct or prescribe as the period within which that claim, or claims of that class, ought to be made, and

(d) the Minister may continue to make any payment which he is authorized to make under this Part of this Scheme during any period until he is satisfied that that period has come to an end, without prejudice, however, to the deduction from the reserved part of a detention allowance of any amount overpaid.

25. Notwithstanding anything contained in this Part of into account this Scheme, if the Minister is satisfied that, during a period in respect of which a detention allowance may be paid on account of the detention of a detained person, another allow- ance has been paid or is payable out of public funds-

disability allowances.

(a) in respect of the wife, unmarried wife, eligible child or dependant of that detained person, as part of an award

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