1964_PENSIONS_ORDINANCE — Page 26

1988 Ed.]

Pensions

[CAP. 89

25

Provided that no pension or gratuity shall be grantable under this Ordinance in respect of service by an officer terminating between 1 January 1947 and the enactment of this Ordinance when no pension or gratuity would have been grantable, if this Ordinance had effect on the date of enactment, by reason of the age at which such officer left the service under the Government. (Amended 36 of 1987 s. 36)

(2) Any pension, gratuity or other allowance granted under the provisions of an Ordinance or regulation repealed by this Ordinance other than Pension Regulations C made under the Pensions Ordinance 1932 (21 of 1932), in respect of service under the Government by an officer who was in receipt of salary according to a scale of pay operative in Hong Kong in consequence of the Salaries Revision, 1947, shall be recomputed according to the provisions of this Ordinance. Such recomputed pension, gratuity or other allowance shall be granted in substitution of the former award except that where it is to the advantage of the recipient such former award shall be deemed to have been validly made under this Ordinance. (Amended 36 of 1987 s. 36)

(3) A pension, gratuity or other allowance in respect of service of an officer who is not or has not been in receipt of salary based upon a scale of pay operative in Hong Kong in consequence of the Salaries Revision, 1947, shall be grantable hereunder according to the provisions relating to the grant of pension, gratuity or other allowance in respect of such officer's service applicable prior to 1 January 1947, except in respect of service which would necessitate the application thereto of the provisions of Pension Regulations C made under the Pensions Ordinance 1932, in which case the provisions of Part V of the regulations hereunder shall be applied in respect of the service to which the said Pension Regulations C would have been applicable:

Provided that if such an officer rejoins or an officer is appointed to the service under the Government after the enactment of this Ordinance the provisions of this Ordinance other than this subsection shall apply in respect of the grant of any pension, gratuity or other allowance granted after so rejoining or being so appointed. (Amended 36 of 1987 s. 36)

(4) "Salaries Revision, 1947" means for the purposes of this section, the revision of salaries initiated by the report of the Commissioners appointed on 20 March 1947 by virtue of section 2 of the repealed Commissioners Powers Ordinance (Cap. 86, 1964 Ed.).

(5) If any question arises as to whether any salary is according to a scale of pay operative in Hong Kong in consequence of the Salaries Revision, 1947, the decision thereon of the Governor shall be final. (Amended 37 of 1960 s. 3; 36 of 1987 s. 36)

Provisions for officers transferred to Government from the service of the Government of Palestine

22. For the purposes of this Ordinance, any person holding office in the service of the Government of Palestine immediately before 15 May 1948 shall be deemed to continue in his office until either he is appointed to public service elsewhere, or, if he is not so appointed, he retires or is removed from his office.