1988 Ed.]
Pensions
(a) entered business on his own account; (b) become a partner in a partnership; (c) become a director of a company; or (d) become an employee,
[CAP. 89
17
if the principal part of such business or the business of such partnership or company or of his employment is, in the opinion of the Governor, carried on in Hong Kong, and such direction shall be forthwith notified in writing by the Secretary for the Civil Service to the person concerned.
(2) The Governor may specify a period of more than 2 years for the purposes of subsection (1) where he thinks fit, and such specification shall be forthwith notified in writing by the Secretary for the Civil Service to the person concerned.
(3) A person who is aggrieved by any direction under subsection (1) or any specification under subsection (2) may, within 30 days of the notification to him of the direction or specification or such longer period as the Governor may in any particular case permit, petition the Governor against the direction or specification and the Governor may confirm, vary or reverse the direction or specification as he thinks fit.
(4) Where a person whose pension or allowance has been suspended under subsection (1) ceases to be engaged in any of the capacities specified in that subsection, the Governor may, if he is satisfied that the person has so ceased to be engaged, direct that the pension or allowance shall be restored to him with retrospective effect as from the date of cesser of the engagement or any later date as the Governor shall specify, and the pension or allowance shall be restored accordingly.
(Replaced 36 of 1987 s. 36)
Death gratuity
17. (1) Subject to subsection (8), where an officer, who is not on agreement and who has completed not less than 2 years' qualifying service, dies while in service under the Government, there shall be paid a death gratuity of an amount not exceeding
(a) his annual pensionable emoluments; or
(b) the commuted pension gratuity which he would have received had he retired at the date of his death and opted for reduction of his pension by 25% under regulation 23 of the Pensions Regulations (Cap. 89, sub. leg.),
whichever is the greater.
(2) In computing a commuted pension gratuity for the purposes of subsection (1), the officer's service shall be deemed to include any period of untaken vacation leave for which an ex gratia payment corresponding to the salary for that period has been granted.
(3) Where a pensioner dies after retirement from service under the Government, there shall be paid a death gratuity of an amount equal to
1988 Ed.]
Pensions
(a) entered business on his own account; (b) become a partner in a partnership; (c) become a director of a company; or (d) become an employee,
[CAP. 89
17
if the principal part of such business or the business of such partnership or company or of his employment is, in the opinion of the Governor, carried on in Hong Kong, and such direction shall be forthwith notified in writing by the Secretary for the Civil Service to the person concerned.
(2) The Governor may specify a period of more than 2 years for the purposes of subsection (1) where he thinks fit, and such specification shall be forthwith notified in writing by the Secretary for the Civil Service to the person concerned.
(3) A person who is aggrieved by any direction under subsection (1) or any specification under subsection (2) may, within 30 days of the notification to him of the direction or specification or such longer period as the Governor may in any particular case permit, petition the Governor against the direction or specification and the Governor may confirm, vary or reverse the direction or specification as he thinks fit.
(4) Where a person whose pension or allowance has been suspended under subsection (1) ceases to be engaged in any of the capacities specified in that subsection, the Governor may, if he is satisfied that the person has so ceased to be engaged, direct that the pension or allowance shall be restored to him with retrospective effect as from the date of cesser of the engagement or any later date as the Governor shall specify, and the pension or allowance shall be restored accordingly.
(Replaced 36 of 1987 s. 36)
Death gratuity
17. (1) Subject to subsection (8), where an officer, who is not on agree- ment and who has completed not less than 2 years' qualifying service, dies while in service under the Government, there shall be paid a death gratuity of an amount not exceeding
(a) his annual pensionable emoluments; or
(b) the commuted pension gratuity which he would have received had he retired at the date of his death and opted for reduction of his pension by 25% under regulation 23 of the Pensions Regulations (Cap. 89, sub. leg.),
whichever is the greater.
(2) In computing a commuted pension gratuity for the purposes of subsection (1), the officer's service shall be deemed to include any period of untaken vacation leave for which an ex gratia payment corresponding to the salary for that period has been granted.
(3) Where a pensioner dies after retirement from service under the Government, there shall be paid a death gratuity of an amount equal to
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