1964_PENSIONS_ORDINANCE — Page 14

1988 Ed.]

Pensions

[CAP. 89

13

(5) Before a designated officer, acting under subsection (1),--

(a) refuses to grant a pension or allowance; or

(b) cancels or reduces a pension or allowance granted,

to a person who holds or who, immediately before leaving the public service, held-

(i) a judicial office, as defined in the Public Service Commission Or- dinance (Cap. 93), he shall take into consideration the advice of the Judicial Service Commission;

(ii) an office in the public service other than an office specified in section 6(2) of, or the First Schedule to, the Public Service Commission Ordinance, he shall take into consideration the advice of the Public Service Commission.

(6) As regards the exercise of any power under subsection (2) to-

(a) refuse to grant a pension or allowance; or

(b) cancel or reduce a pension or allowance granted,

to an officer who holds or who, immediately before leaving the public service, held-

(i) a judicial office, as defined in the Public Service Commission Ordin- ance, a designated officer shall, before exercising the power, take into consideration the advice of the Judicial Service Commission;

(ii) an office in the public service other than an office specified in section 6(2) of, or the First Schedule to, the Public Service Commission Ordinance, a designated officer shall, before exercising the power, take into consideration the advice of the Public Service Commission. (7) (a) In this section and sections 15 and 15A "designated officer" has the meaning assigned to it by section 2(1) of the Pension Benefits Ordinance (Cap. 99).

(b) For the purpose of giving effect to this section and sections 15 and

15A-

(i) section 29A(I) of the Pension Benefits Ordinance, shall be construed and have effect as if "the Pensions Ordinance" were substituted for "this Ordinance"; and

(ii) the reference in section 29B of the Pension Benefits Ordinance to a requirement under section 29A(7) of that Ordinance shall be construed as including a reference to a requirement under section 15A(6).

(Replaced 86 of 1988 s. 6)

Pension, gratuity or allowance may be cancelled, suspended or reduced on conviction, etc.

15. (1) Where—

(a) an officer to whom a pension or allowance hs been granted

(i) is convicted of any offence in connection with the public service under the Government, being an offence which is certified by the Governor to have been gravely injurious to Hong Kong or to be liable to lead to serious loss of confidence in the public service;