1964_PENSIONS_ORDINANCE — Page 16

1988 Ed.]

Pensions

[CAP. 89

15

(b) The communication referred to in paragraph (a) shall state that, within a period specified in the communication (being a period ending not earlier than 30 days after the date of the communication) or such longer period as the designated officer may allow, the officer or other person to whom it is addressed may make representations to the designated officer as regards the exercise in relation to him of a power conferred on the designated officer by section 14 or 15.

(c) A person to whom a communication referred to in paragraph (a) is addressed shall notify in writing the designated officer of an intention of his to make representations referred to in paragraph (b).

(d) The officer or other person to whom a communication referred to in paragraph (a) is addressed shall, within the period specified in the communication (or such longer period as the designated officer may allow), be afforded an opportunity of stating in writing, or having so stated on his behalf, why any of the powers conferred by section 14 or 15 on a designated officer should not be exercised in relation to him. (e) Where-

(i) a communication referred to in paragraph (a) is issued; and (ii) the period specified in the communication has expired; and (iii) a notification referred to in paragraph (c) is not received by the designated officer from the person to whom the communication is addressed; and

(iv) an application to extend the period specified in the com- munication is not so received, or where such an application is so received, it is disallowed,

notwithstanding the absence of representations referred to in para- graph (b), the designated officer may exercise in relation to such person a power conferred on such officer by section 14 or 15.

(3)

A designated officer shall not exercise a power conferred on him by section 14 or 15 without having had regard to the submission (if any) made to him or on behalf of the officer or other person concerned pursuant to this section.

(4) Where a designated officer exercises a power conferred on him by section 14 or 15, he shall forthwith notify in writing the officer or other person concerned.

(5) A person who is aggrieved by a decision of a designated officer made in 'the exercise of a power under section 14 or 15 may, within the period of 30 days beginning on the date of the notification of the decision, or such longer period as the Governor may permit, petition the Governor against the decision.

(6) Where the Governor receives a petition under subsection (5), he may, by a letter addressed to a member of the panel established by section 29B of the Pension Benefits Ordinance (Cap. 99) (in this section referred to as "the Panel"), require the Panel to consider and report to him on the petition, and where the Governor makes such a requirement

(a) the Panel shall comply with the requirement; and

(b) before he determines the petition, the Governor shall have regard to

the report of the Panel.

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