1988 Ed.]
Pensions
[CAP. 89
23
Provided that no such resolution may provide for a decrease in the minimum pension in respect of officers dying before the date of the resolution. (Added 34 of 1970 s. 6; w.e.f. 1.4.65)
Awards in respect of service while on abnormal duty
19. (1) Where an officer is serving as a member of the Royal Hong Kong Auxiliary Police Force or as an officer or member of the Royal Hong Kong Regiment under the provisions of the Royal Hong Kong Regiment Ordinance (Cap.199) or the Royal Hong Kong Auxiliary Air Force under the provisions of the Royal Hong Kong Auxiliary Air Force Ordinance (Cap.198), or as a member of the Essential Services Corps under the provisions of the Essential Services Corps Ordinance (Cap.197), and is killed or injured in such circumstances that a pension, gratuity or other award is grantable in respect of such service, a pension, gratuity or other award may at the option of the beneficiary be granted either under this Ordinance under the provisions relating to death resulting from injuries received or permanent injuries received in the actual discharge of his duty, as the case may be, in like manner as if the service hereinbefore mentioned had been public service within the meaning of this Ordinance and as if such officer had been killed or injured in the discharge of his duty under this Ordinance or under the provisions of such of the aforesaid Ordinances as may be applicable: (Amended 2 of 1959 s. 29; 29 of 1969 s. 2; 98 of 1970 Schedule)
Provided that-
(a) where the beneficiaries consist of--
(i) his widow and her child or children; or
(ii) his widow and a child or children of such widow and a child or children of his previous wife or wives; or
(iii) his widow and a child or children of his previous wife or wives,
the option shall be exercised by the widow save that if the Governor is of opinion that the option exercised by the widow is less beneficial to the interests of the beneficiaries as a whole than if she had opted differently then the Governor may direct that the widow shall be deemed to have exercised the option which is more beneficial as aforesaid and the pension gratuity or other award shall be payable as if she had in fact so opted; (Amended 37 of 1960 s. 3)
(b) where the beneficiary is a child who is fatherless and motherless the option shall be exercised by the legal guardian of such child or in default thereof by the legal personal representative of the deceased person in respect of whose death the pension gratuity or other award is payable or in default of such guardian or personal representative by the Director of Accounting Services. (Amended 36 of 1987 s. 36)
(2) If under the provisions of the appropriate enactment applicable to the Royal Hong Kong Auxiliary Police Force, the Royal Hong Kong Regiment, the Royal Hong Kong Auxiliary Air Force or the Essential Services Corps a pension, gratuity or other award may be granted in respect of death or injury sustained during training or instruction or other form of service, then the expression "service" in subsection (1) includes training, instruction or other
1988 Ed.]
Pensions
[CAP. 89
23
Provided that no such resolution may provide for a decrease in the minimum pension in respect of officers dying before the date of the resolution. (Added 34 of 1970 s. 6; w.e.f. 1.4.65)
Awards in respect of service while on abnormal duty
19. (1) Where an officer is serving as a member of the Royal Hong Kong Auxiliary Police Force or as an officer or member of the Royal Hong Kong Regiment under the provisions of the Royal Hong Kong Regiment Ordinance (Cap. 199) or the Royal Hong Kong Auxiliary Air Force under the provisions of the Royal Hong Kong Auxiliary Air Force Ordinance (Cap. 198), or as a member of the Essential Services Corps under the provisions of the Essential Services Corps Ordinance (Cap. 197), and is killed or injured in such circum- stances that a pension, gratuity or other award is grantable in respect of such service, a pension, gratuity or other award may at the option of the beneficiary be granted either under this Ordinance under the provisions relating to death resulting from injuries received or permanent injuries received in the actual discharge of his duty, as the case may be, in like manner as if the service hereinbefore mentioned had been public service within the meaning of this Ordinance and as if such officer had been killed or injured in the discharge of his duty under this Ordinance or under the provisions of such of the aforesaid Ordinances as may be applicable: (Amended 2 of 1959 s. 29; 29 of 1969 s. 2; 98 of 1970 Schedule)
Provided that-
(a) where the beneficiaries consist of--
(i) his widow and her child or children; or
(ii) his widow and a child or children of such widow and a child or children of his previous wife or wives; or
(iii) his widow and a child or children of his previous wife or wives, the option shall be exercised by the widow save that if the Governor is of opinion that the option exercised by the widow is less beneficial to the interests of the beneficiaries as a whole than if she had opted differently then the Governor may direct that the widow shall be deemed to have exercised the option which is more beneficial as aforesaid and the pension gratuity or other award shall be payable as if she had in fact so opted; (Amended 37 of 1960 s. 3)
(b) where the beneficiary is a child who is fatherless and motherless the option shall be exercised by the legal guardian of such child or in default thereof by the legal personal representative of the deceased person in respect of whose death the pension gratuity or other award is payable or in default of such guardian or personal representative by the Director of Accounting Services. (Amended 36 of 1987 s. 36)
(2) If under the provisions of the appropriate enactment applicable to the Royal Hong Kong Auxiliary Police Force, the Royal Hong Kong Regiment, the Royal Hong Kong Auxiliary Air Force or the Essential Services Corps a pension, gratuity or other award may be granted in respect of death or injury sustained during training or instruction or other form of service, then the expression "service" in subsection (1) includes training, instruction or other
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