1988 Ed.]
(b) Where--
Pensions
[CAP. 89
11
(i) a person owes a debt to the Government arising otherwise than on account of tax payable under the Inland Revenue Ordinance (Cap. 112); and
(ii) the person has not consented to the exercise, in relation to a pension (including a deferred pension), gratuity or other allowance so granted to him, of the power conferred on the Director of Accounting Services by this subsection,
the amount applied in such exercise shall not, as regards a particular such pension, gratuity or other allowance, exceed an amount equal to 25% thereof.
(3) Each of the references in this section either to a deferred or other pension or to an allowance (other than a gratuity) shall be construed as including a reference to any increase in the pension or allowance which is for the time being authorized under section 4 of the Pensions (Increase) Ordinance (Cap. 305).
Operation of section 12
(Replaced 61 of 1988 s. 8(1))
12A. Section 12, as enacted by section 8(1) of the Pension Benefits (Miscellaneous Amendments) Ordinance 1988 (61 of 1988), shall be deemed to have come into operation on 1 July 1987.
Pensions, etc., to cease on bankruptcy
(61 of 1988 s. 8(2) incorporated)
13. (1) If any person to whom a pension or other allowance has been granted under this Ordinance is adjudicated bankrupt or is declared insolvent by judgment of any competent court, then such pension or allowance shall forthwith cease.
(2) If any person is adjudicated bankrupt or declared insolvent as aforesaid either-
(a) after retirement in circumstances in which he is eligible for pension or allowance under this Ordinance but before the pension or allowance is granted; or
(b) before such retirement, and he shall not have obtained his discharge from bankruptcy or insolvency at the date of retirement,
then, in the former case any pension or allowance eventually granted to him shall cease as from the date of adjudication or declaration as the case may be and, in the latter case, the pension or allowance may be granted, but shall cease forthwith and not become payable.
(3) Where a pension or allowance ceases by reason of this section, it shall be lawful for the Governor, from time to time during the remainder of such person's life, or during such shorter period or periods, either continuous or discontinuous, as the Governor shall think fit, to direct all or any part of the moneys to which such person would have been entitled by way of pension or allowance, had he not become bankrupt or insolvent, to be paid to, or applied for the maintenance or benefit of all or any to the exclusion of the other or others, of the following, that is to say, such person and any spouse, child or children of such person, or such other of his dependants as the Governor may
1988 Ed.]
(b) Where--
Pensions
[CAP. 89
11
(i) a person owes a debt to the Government arising otherwise than on account of tax payable under the Inland Revenue Ordinance (Cap. 112); and
(ii) the person has not consented to the exercise, in relation to a pension (including a deferred pension), gratuity or other allowance so granted to him, of the power conferred on the Director of Accounting Services by this subsection,
the amount applied in such exercise shall not, as regards a particular such pension, gratuity or other allowance, exceed an amount equal to 25% thereof.
(3) Each of the references in this section either to a deferred or other pension or to an allowance (other than a gratuity) shall be construed as including a reference to any increase in the pension or allowance which is for the time being authorized under section 4 of the Pensions (Increase) Ordinance (Cap. 305).
Operation of section 12
(Replaced 61 of 1988 s. 8(1))
12A. Section 12, as enacted by section 8(1) of the Pension Benefits (Mis- cellaneous Amendments) Ordinance 1988 (61 of 1988), shall be deemed to have come into operation on 1 July 1987.
Pensions, etc., to cease on bankruptcy
(61 of 1988 s. 8(2) încorporated)
13. (1) If any person to whom a pension or other allowance has been granted under this Ordinance is adjudicated bankrupt or is declared insolvent by judgment of any competent court, then such pension or allowance shall forthwith cease.
(2) If any person is adjudicated bankrupt or declared insolvent as aforesaid either-
(a) after retirement in circumstances in which he is eligible for pension or allowance under this Ordinance but before the pension or allowance is granted; or
(b) before such retirement, and he shall not have obtained his discharge
from bankruptcy or insolvency at the date of retirement,
then, in the former case any pension or allowance eventually granted to him shall cease as from the date of adjudication or declaration as the case may be and, in the latter case, the pension or allowance may be granted, but shall cease forthwith and not become payable.
(3) Where a pension or allowance ceases by reason of this section, it shall be lawful for the Governor, from time to time during the remainder of such person's life, or during such shorter period or periods, either continuous or discontinuous, as the Governor shall think fit, to direct all or any part of the moneys to which such person would have been entitled by way of pension or allowance, had he not become bankrupt or insolvent, to be paid to, or applied for the maintenance or benefit of all or any to the exclusion of the other or others, of the following, that is to say, such person and any spouse, child or children of such person, or such other of his dependants as the Governor may
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