1964_PENSIONS_ORDINANCE — Page 23

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CAP. 89]

Pensions

[1988 Ed.

(2) In the case of an officer not holding an established office, the expression "pensionable emoluments" in subsection (1) means the emoluments enjoyed by him which would have been pensionable emoluments if the office held by him had been an established office. (Amended 36 of 1987 s. 36)

(3) For the purposes of this section-

(a) where an officer contracts a marriage and by reason of the form thereof he is precluded from being married to another person at the same time "wife" means the woman to whom such officer is lawfully married;

(b) where an officer contracts a marriage and by reason of the form thereof he is or becomes lawfully married to more than one woman at the same time, "wife" means the woman whom such officer first married:

Provided that in the event of any wife eligible for a pension under this Ordinance ceasing to be so eligible and at the time of such cessation the officer was lawfully married as aforesaid to another wife or other wives the officer shall be deemed for the purposes of this Ordinance to have become a widower at the time of such cessation aforesaid and simultaneously to have married the woman who at such time was his wife and whom he married first after his marriage to the wife who has ceased to be eligible as aforesaid;

(c) where an officer contracts a lawful Chinese customary marriage, "wife" means the kit fat or tin fong wife;

(d) "surviving spouse" means the person who is the husband or wife of the officer at the time of her or his death; (Replaced 55 of 1972 s. 5)

(e) "child" means-

(i) any child of a female officer and, in the case of a child of a male officer, the child born by a woman who is the wife or widow of the officer at the time of the birth; and (Replaced 55 of 1972 s. 5)

(ii) a person wholly or mainly dependent upon the deceased officer for support, adopted as a child by such officer before the date of injury in a manner recognized by the Governor.

(4) (Repealed 36 of 1987 s. 36)

(5) An officer who dies as a result of injuries received while travelling by any means in pursuance of official instructions or in the course of his duties shall be deemed to have died in the circumstances detailed in subsection (1). (Amended 36 of 1987 s. 36)

(6) This section shall not apply in the case of the death of any officer if his dependants, as defined in section 3 of the Employees' Compensation Ordinance (Cap. 282) or section 2 of the Pneumoconiosis (Compensation) Ordinance (Cap. 360), are entitled to and have received compensation under the provisions of those Ordinances in respect of such death. (Replaced 37 of 1960 s. 5. Amended 51 of 1980 s. 48)

(7) The Legislative Council may, by resolution, vary in respect of officers dying after such date as may be specified in such a resolution, the sum of $12,000 specified in subsection (1)(i) and the sum of $6,000 specified in subsection (1)(iii) and (iv): (Amended 36 of 1987 s. 36)