660742-1888-Superanuation-Act-1887 — Page 3

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THE HONGKONG GOVERNMENT GAZETTE, 10TH MARCH, 1888.

259

A.D. 1887.

7.—(1.) Where any sum in respect of pay, pension, superannuation, or other allowance or annuity is due in respect either of service as a civil servant, or of military Provision as to or naval service, to a person who is a lunatic, whether so found by inquisition or not, lunatics. such sum may be from time to time applied for his benefit by the prescribed public department in such manner as the department think expedient.

(2.) Where any annuity, whether pension, superannuation, or other allowance, is payable out of moneys provided by Parliament to a person in respect either of service as a civil servant or of military or naval service, and such person is or becomes a lunatic towards whose maintenance a contribution is made out of money provided by Parliament, then as long as the contribution is made his annuity shall be reduced by an amount equal to that contribution, and if the amount of the contribution exceeds the amount of the annuity, the annuity shall cease to be payable.

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8. On the death of a person to whom any sum not exceeding one hundred pounds Distribution of is due from a public department in respect of any civil pay, superannuation, or other money not exceeding allowance, annuity or gratuity, then, if the prescribed public department so direct, but probate. subject to the regulations (if any) made by the Treasury, probate or other proof of the title of the personal representative of the deceased person may be dispensed with, and the said sum may be paid or distributed to or among the persons appearing to the public department to be beneficially entitled to the personal estate of the deceased person, or to or among any one or more of those persons, or in case of the illegitimacy of the deceased person or his children, to or among such persons as the department may fit, and the department shall be discharged from all liability in respect of any such pay- ment or distribution.

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9. The decision of the Treasury on any question which arises as to the application Decision of Treasury. of any section of this Act to any person, or as to the amount of any allowance or gratuity under this Act, or as to the reckoning of any service for such allowance or gratuity, shall be final.

10. Nothing in this Act shall be construed so as in any way to interfere with the Saving for existing rights existing at the passing of this Act of any civil servant then holding office.

interests.

and minutes before Parliament.

11. Every warrant and minute under this Act which is required to be laid before Laying of warrant Parliament shall be laid before both Houses of Parliament in manner provided by section thirteen of the Superannuation Act, 1859.

12. In this Act, unless the context otherwise requires,-

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The expression "civil servant means a person who has served in an esta- blished capacity in the permanent civil service of the state within the meaning of section seventeen of the Superannuation Act, 1859:

The expression Treasury" means the Commissioners of Her Majesty's

Treasury.

The expression "public department" means the Treasury, the Commissioners for executing the office of Lord High Admiral, and any of Her Majesty's Principal Secretaries of State, and any other public department of the Government; and the expression "prescribed public department " means, as respects any matter, the department prescribed for the purpose of that matter by the Treasury.

Definitions.

22 Vict. c. 29.

13. The Act of the session of the fourth and fifth years of the reign of King Short titles. William the Fourth, chapter twenty-four, intituled "An Act to alter, amend, and "consolidate the laws for regulating the pensions, compensations, and allowances to be "made to persons in respect of their having held civil offices in His Majesty's service," is in this Act referred to and may be cited as the Superannuation Act, 1834, and that Act and the Superannuation Act, 1859, are together in this Act referred to as the Superannuation Acts, 1834 and 1859.

The said Acts and this Act may be cited together as the Superannuation Acts, 1834 to 1887, and this Act may be cited separately as the Superannuation Act, 1887.

14. The Acts set forth in the schedule to this Act are hereby repealed to the Repeal. extent in the third column of that schedule mentioned as from the passing of this Act, without prejudice to anything previously done or suffered in pursuance of the enact- ments hereby repealed.

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