1964_PENSIONS_ORDINANCE — Page 15

14

CAP. 89]

Pensions

[1988 Ed.

(ii) is convicted of any offence under Part II of the Prevention of Bribery Ordinance (Cap. 201), being an offence related to the person's previous public service under the Government; or

(iii) is convicted of treason under section 2 of the Crimes Ordinance (Cap. 200); or

(b) an officer is compulsorily retired in the exercise of disciplinary powers of punishment by the Government following a conviction of any offence referred to in paragraph (a),

the pension or allowance which has been granted to him may be cancelled, suspended or reduced, or he may not be granted a pension, gratuity or allowance, as the case may be.

(2) If after the retirement of an officer in circumstances in which he is eligible for a pension, gratuity or allowance but before the pension, gratuity or allowance is granted he is convicted and sentenced as specified in subsection (1)(a), any pension, gratuity or allowance eventually granted to him may be cancelled, suspended or reduced.

(3) Subject to section 15A, the power under subsection (1) or (2) to cancel, suspend, reduce or refuse to grant a pension, allowance or gratuity shall be exercisable by a designated officer. (Replaced 86 of 1988 s. 7)

(4) Where, under this section, a designated officer refuses to grant a pension, allowance or gratuity to an officer or person, a pension, allowance or gratuity, as the case may be, shall accordingly not be granted to that officer or person. (Replaced 86 of 1988 s. 7)

(5)-(7) (Repealed 86 of 1988 s. 7)

(Replaced 36 of 1987 s. 36)

Provisions supplementary to sections 14 and 15

15A. (1) For the purposes of section 15(1) and (2), a designated officer may determine-

(a) whether a pension, gratuity or allowance shall be cancelled, suspended

or reduced, or shall not be granted, as the case may be;

(b) the date from which, subject to subsection (11), a pension, gratuity or

allowance shall be cancelled, suspended or reduced; and

(c) in the case of a reduction in a pension, gratuity or allowance, the amount of the reduction not exceeding 25% of the pension, gratuity or allowance.

(2) (a) Before a designated officer exercises a power conferred on him by section 14 or 15, he shall by a communication in writing addressed to the officer or other person concerned inform him that exercise of such a power in relation to him is being considered and why such exercise is being considered.

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