1964_PENSIONS_ORDINANCE — Page 11

HK Historical Laws 香港歷史法例 All AI Reviewed

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CAP. 89]

Pensions

[1988 Ed.

(a) the highest pensionable emoluments enjoyed or drawn by him; or

(b) the notional highest pensionable emoluments deemed to have been

enjoyed or drawn by him in the course of his service,

whichever is the greater. (Replaced 36 of 1987 s. 36)

(5) For the purposes of subsections (1), (2) and (4), in determining the highest pensionable emoluments enjoyed by an officer in respect of a period of absence from duty on leave without salary, regard shall only be had to the pensionable emoluments that an officer would have enjoyed if he had been on duty on full pensionable emoluments where---

(i) the officer has since expiration of that period of absence, (taking the earliest period first if there is more than one) completed an equal period of service on duty or leave with salary (other than leave immediately preceding retirement); or

(ii) the officer retires in one of the cases referred to section 6(c), (d) or (e);

(iii) the Governor in any case so directs. (Added 26 of 1982 s. 4)

10. (Repealed 36 of 1987 s. 36)

Suspension of pensions on re-employment

11. If an officer to whom a pension has been granted under this Ordinance or an Ordinance repealed hereby is appointed to another office in the public service, the payment of his pension may, with his consent, if the Governor thinks fit, be suspended during the period of his re-employment.

(Amended 37 of 1960 s. 3)

Pensions etc. not to be assignable

12. (1) Save as otherwise provided by the Public Officers (Assignment of Emoluments) Ordinance (Cap. 363), a pension (including a deferred pension), gratuity or other allowance granted under this Ordinance shall not be assignable or transferable except for the purpose of

(a) satisfying (either in whole or in part) a debt due to the Government; or

(b) satisfying an order of any court for the payment of money towards the maintenance of the spouse or former spouse or minor child of the officer to whom such pension gratuity or other allowance was granted,

and no such pension, gratuity or other allowance shall be liable to be attached, sequestered or levied upon for or in respect of any claim or debt other than a debt due to the Government.

(2) (a) Where any person to whom a pension (including a deferred pension), gratuity or other allowance is granted under this Ordinance owes a debt to the Government, subject to paragraph (b), the Director of Accounting Services may apply that pension, gratuity or other allowance, either in whole or in part, for the satisfaction, or partial satisfaction, of the debt.

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10 CAP. 89] Pensions [1988 Ed. (a) the highest pensionable emoluments enjoyed or drawn by him; or (b) the notional highest pensionable emoluments deemed to have been enjoyed or drawn by him in the course of his service, whichever is the greater. (Replaced 36 of 1987 s. 36) (5) For the purposes of subsections (1), (2) and (4), in determining the highest pensionable emoluments enjoyed by an officer in respect of a period of absence from duty on leave without salary, regard shall only be had to the pensionable emoluments that an officer would have enjoyed if he had been on duty on full pensionable emoluments where--- (i) the officer has since expiration of that period of absence, (taking the earliest period first if there is more than one) completed an equal period of service on duty or leave with salary (other than leave immediately preceding retirement); or (ii) the officer retires in one of the cases referred to section 6(c), (d) or (e); or (iii) the Governor in any case so directs. (Added 26 of 1982 s. 4) 10. (Repealed 36 of 1987 s. 36) Suspension of pensions on re-employment 11. If an officer to whom a pension has been granted under this Ordinance or an Ordinance repealed hereby is appointed to another office in the public service, the payment of his pension may, with his consent, if the Governor thinks fit, be suspended during the period of his re-employment. (Amended 37 of 1960 s. 3) Pensions etc. not to be assignable 12. (1) Save as otherwise provided by the Public Officers (Assignment of Emoluments) Ordinance (Cap. 363), a pension (including a deferred pension), gratuity or other allowance granted under this Ordinance shall not be assignable or transferable except for the purpose of (a) satisfying (either in whole or in part) a debt due to the Government; or (b) satisfying an order of any court for the payment of money towards the maintenance of the spouse or former spouse or minor child of the officer to whom such pension gratuity or other allowance was granted, and no such pension, gratuity or other allowance shall be liable to be attached, sequestered or levied upon for or in respect of any claim or debt other than a debt due to the Government. (2) (a) Where any person to whom a pension (including a deferred pension), gratuity or other allowance is granted under this Ordinance owes a debt to the Government, subject to paragraph (b), the Director of Accounting Services may apply that pension, gratuity or other allowance, either in whole or in part, for the satisfaction, or partial satisfaction, of the debt.

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10 CAP. 89] Pensions [1988 Ed. (a) the highest pensionable emoluments enjoyed or drawn by him; or (b) the notional highest pensionable emoluments deemed to have been enjoyed or drawn by him in the course of his service, whichever is the greater. (Replaced 36 of 1987 s. 36) (5) For the purposes of subsections (1), (2) and (4), in determining the highest pensionable emoluments enjoyed by an officer in respect of a period of absence from duty on leave without salary, regard shall only be had to the pensionable emoluments that an officer would have enjoyed if he had been on duty on full pensionable emoluments where--- (i) the officer has since expiration of that period of absence, (taking the earliest period first if there is more than one) completed an equal period of service on duty or leave with salary (other than leave immediately preceding retirement); or (ii) the officer retires in one of the cases referred to section 6(c), (d) or (e); or (iii) the Governor in any case so directs. (Added 26 of 1982 s. 4) 10. (Repealed 36 of 1987 s. 36) Suspension of pensions on re-employment 11. If an officer to whom a pension has been granted under this Ordinance or an Ordinance repealed hereby is appointed to another office in the public service, the payment of his pension may, with his consent, if the Governor thinks fit, be suspended during the period of his re-employment. (Amended 37 of 1960 s. 3) Pensions etc. not to be assignable 12. (1) Save as otherwise provided by the Public Officers (Assignment of Emoluments) Ordinance (Cap. 363), a pension (including a deferred pension), gratuity or other allowance granted under this Ordinance shall not be assigna- ble or transferable except for the purpose of (a) satisfying (either in whole or in part) a debt due to the Government; or (b) satisfying an order of any court for the payment of money towards the maintenance of the spouse or former spouse or minor child of the officer to whom such pension gratuity or other allowance was granted, and no such pension, gratuity or other allowance shall be liable to be attached, sequestered or levied upon for or in respect of any claim or debt other than a debt due to the Government. (2) (a) Where any person to whom a pension (including a deferred pension), gratuity or other allowance is granted under this Ordinance owes a debt to the Government, subject to paragraph (b), the Director of Accounting Services may apply that pension, gratuity or other allowance, either in whole or in part, for the satisfaction, or partial satisfaction, of the debt.

2026-05-05 04:45:29 · Baseline

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