24
CAP. 89]
Pensions
[1988 Ed.
form of service in such Force, Regiment or Corps, as the case may be. (Amended 2 of 1959 s. 29; 29 of 1969 s. 2; 98 of 1970 Schedule)
Husband entitled only if dependent
(Added 17 of 1952 s. 6)
19A. No benefit shall accrue to a husband under sections 13(3) and 18(1)(i), nor shall he be entitled to exercise the option conferred by section 19 unless satisfactory evidence is produced to show that he was wholly or mainly dependent upon his wife for support by reason of his infirmity of mind or body, illness or old age.
(Added 55 of 1972 s. 6)
Effect of enemy occupation
20. For the purpose of calculating a pension, allowance or gratuity under this Ordinance an officer's service may with the approval of the Governor be deemed to be unbroken notwithstanding that he ceased to be employed in the service under the Government after 25 December 1941, if such officer resumed such service not later than 31 March 1947, and in such case such period of cessation of service which occurred before 15 March 1946, or any part thereof may, with the approval of the Governor, be deemed to be service which may be counted for the purpose of calculating a pension, allowance or gratuity grantable under this Ordinance: (Amended 36 of 1987 s. 36)
Provided that an officer who did not resume duty and who died not later than 31 March 1947 shall nevertheless be deemed to have resumed duty, for the purpose of this section, on the date of his death.
(Amended 13 of 1966 Schedule)
Governor's power to exempt or modify
20A. (1) The Governor may exempt any officer and his dependants from the application of any provisions of this Ordinance and the regulations made thereunder in any particular case, or may modify the application of any such provisions in any such case in the manner specified by him, where inequity results from the application of such provisions; but any such exemption or modification shall not be detrimental to the officer or his dependants and shall be in keeping with the spirit of this Ordinance.
(2) No exemption or modification under subsection (1) shall become operative unless it has received the prior approval of the Legislative Council signified by resolution.
Commencement and application of the Ordinance and recomputation of benefits
(Added 36 of 1987 s. 36)
21. (1) Subject to express provisions to the contrary in this Ordinance or the regulations made thereunder, this Ordinance and such regulations shall be deemed to have had effect from 1 January 1947 and the provisions thereof shall except as otherwise provided apply to all officers in the service under the Government on or after the said date:
Page 25
24
CAP. 89]
Pensions
[1988 Ed.
form of service in such Force, Regiment or Corps, as the case may be. (Amended 2 of 1959 s. 29; 29 of 1969 s. 2; 98 of 1970 Schedule)
Husband entitled only if dependent
(Added 17 of 1952 s. 6)
19A. No benefit shall accrue to a husband under sections 13(3) and 18(1)(i), nor shall he be entitled to exercise the option conferred by section 19 unless satisfactory evidence is produced to show that he was wholly or mainly dependent upon his wife for support by reason of his infirmity of mind or body, illness or old age.
(Added 55 of 1972 s. 6)
Effect of enemy occupation
20. For the purpose of calculating a pension, allowance or gratuity under this Ordinance an officer's service may with the approval of the Governor be deemed to be unbroken notwithstanding that he ceased to be employed in the service under the Government after 25 December 1941, if such officer resumed such service not later than 31 March 1947, and in such case such period of cessation of service which occurred before 15 March 1946, or any part thereof may, with the approval of the Governor, be deemed to be service which may be counted for the purpose of calculating a pension, allowance or gratuity grantable under this Ordinance: (Amended 36 of 1987 s. 36)
Provided that an officer who did not resume duty and who died not later than 31 March 1947 shall nevertheless be deemed to have resumed duty, for the purpose of this section, on the date of his death.
(Amended 13 of 1966 Schedule)
Governor's power to exempt or modify
20A. (1) The Governor may exempt any officer and his dependants from the application of any provisions of this Ordinance and the regulations made thereunder in any particular case, or may modify the application of any such provisions in any such case in the manner specified by him, where inequity results from the application of such provisions; but any such exemption or modification shall not be detrimental to the officer or his dependants and shall be in keeping with the spirit of this Ordinance.
(2) No exemption or modification under subsection (1) shall become operative unless it has received the prior approval of the Legislative Council signified by resolution.
Commencement and application of the Ordinance and recomputation of benefits
(Added 36 of 1987 s. 36)
21. (1) Subject to express provisions to the contrary in this Ordinance or the regulations made thereunder, this Ordinance and such regulations shall be deemed to have had effect from 1 January 1947 and the provisions thereof shall except as otherwise provided apply to all officers in the service under the Government on or after the said date:
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