1964_PENSIONS_REGULATIONS — Page 11

HK Historical Laws 香港歷史法例 All AI Reviewed

1987 Ed.]

Pensions Regulations

[CAP. 89

period as the Governor may in any special case determine; or if the officer fails after serving with Her Majesty's Forces to re-enter the public service otherwise than in circumstances in which he would be permitted under the law applicable to the public service in which he is last employed prior to military service, to retire on pension or gratuity, such circumstances arising not later than the expiration of 3 months or such longer period as may be determined as aforesaid, after the termination of his military service:

(ii) this regulation shall not apply when subsequent to the commencement of the Ordinance an officer shall have commenced service with Her Majesty's Forces without the approval of the Governor of the territory in the service of which he was last employed before so serving;

(iii) if during any period mentioned in paragraph (a) the officer shall have qualified for pension, or received emoluments in lieu of pension rights, actually in respect of military service, paragraph (a) shall, as respects that period, have effect as if the words “leave without salary not granted on grounds of public policy" were substituted for the words "leave on full salary";

(iv) if during his military service the officer shall be injured or killed, he shall not, for the purposes of any provision of the Ordinance or of these regulations relating to injury awards, be deemed to have been injured or killed in the discharge of his duty;

(v) the provisions of this regulation which require that the officer shall be deemed to have held a specified office and to have been on leave from a specified service shall not apply in respect of any period during which he shall actually have held any other substantive office and have been on leave from any public service;

(vi) save where in any particular case the Governor otherwise directs, this regulation shall not apply where the office in the public service last held by the officer prior to military service was not an established office;

(vii) the provisions of this regulation shall not apply to an officer who has received a pension or gratuity during a period of service in Her Majesty's Forces in respect of public service prior to joining Her Majesty's Forces.

17. [Revoked, 36 of 1987, s. 49]

18. (1) Subject to this regulation, for the purpose of computing the amount of the pension or gratuity of an officer, the highest pensionable emoluments enjoyed or drawn by him during his service in an established office shall be taken:

Provided that if, by reason of any order made in any disciplinary proceedings against any officer, the amount to be taken in

A 11

[Subsidiary]

Emoluments to be taken for computing pension or gratuity, L.N. 123/80. 26 of 1982, s. 6; 36 of 1987, s. 49.

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1987 Ed.] Pensions Regulations [CAP. 89 period as the Governor may in any special case determine; or if the officer fails after serving with Her Majesty's Forces to re-enter the public service otherwise than in circumstances in which he would be permitted under the law applicable to the public service in which he is last employed prior to military service, to retire on pension or gratuity, such circumstances arising not later than the expiration of 3 months or such longer period as may be determined as aforesaid, after the termination of his military service: (ii) this regulation shall not apply when subsequent to the commencement of the Ordinance an officer shall have commenced service with Her Majesty's Forces without the approval of the Governor of the territory in the service of which he was last employed before so serving; (iii) if during any period mentioned in paragraph (a) the officer shall have qualified for pension, or received emoluments in lieu of pension rights, actually in respect of military service, paragraph (a) shall, as respects that period, have effect as if the words “leave without salary not granted on grounds of public policy" were substituted for the words "leave on full salary"; (iv) if during his military service the officer shall be injured or killed, he shall not, for the purposes of any provision of the Ordinance or of these regulations relating to injury awards, be deemed to have been injured or killed in the discharge of his duty; (v) the provisions of this regulation which require that the officer shall be deemed to have held a specified office and to have been on leave from a specified service shall not apply in respect of any period during which he shall actually have held any other substantive office and have been on leave from any public service; (vi) save where in any particular case the Governor otherwise directs, this regulation shall not apply where the office in the public service last held by the officer prior to military service was not an established office; (vii) the provisions of this regulation shall not apply to an officer who has received a pension or gratuity during a period of service in Her Majesty's Forces in respect of public service prior to joining Her Majesty's Forces. 17. [Revoked, 36 of 1987, s. 49] 18. (1) Subject to this regulation, for the purpose of computing the amount of the pension or gratuity of an officer, the highest pensionable emoluments enjoyed or drawn by him during his service in an established office shall be taken: Provided that if, by reason of any order made in any disciplinary proceedings against any officer, the amount to be taken in A 11 [Subsidiary] Emoluments to be taken for computing pension or gratuity, L.N. 123/80. 26 of 1982, s. 6; 36 of 1987, s. 49.
Baseline (Original)
1987 Ed.] Pensions Regulations [CAP. 89 period as the Governor may in any special case determine; or if the officer fails after serving with Her Majesty's Forces to re-enter the public service otherwise than in circumstances in which he would be permitted under the law applicable to the public service in which he is last employed prior to military service, to retire on pension or gratuity, such circumstances arising not later than the expiration of 3 months or such longer period as may be determined as aforesaid, after the termination of his mili- tary service: (ii) this regulation shall not apply when subsequent to the commencement of the Ordinance an officer shall have commenced service with Her Majesty's Forces without the approval of the Governor of the territory in the service of which he was last employed before so serving; (iii) if during any period mentioned in paragraph (a) the officer shall have qualified for pension, or received emoluments in lieu of pension rights, actually in respect of military service, paragraph (a) shall, as respects that period, have effect as if the words “leave without salary not granted on grounds of public policy" were substituted for the words "leave on full salary"; (iv) if during his military service the officer shall be injured or killed, he shall not, for the purposes of any provision of the Ordinance or of these regulations relating to injury awards, be deemed to have been injured or killed in the discharge of his duty; (v) the provisions of this regulation which require that the officer shall be deemed to have held a specified office and to have been on leave from a specified service shall not apply in respect of any period during which he shall actually have held any other substantive office and have been on leave from any public service; (vi) save where in any particular case the Governor otherwise directs, this regulation shall not apply where the office in the public service last held by the officer prior to military service was not an established office; (vii) the provisions of this regulation shall not apply to an officer who has received a pension or gratuity during a period of service in Her Majesty's Forces in respect of public service prior to joining Her Majesty's Forces. 17. [Revoked, 36 of 1987, s. 49] 18. (1) Subject to this regulation, for the purpose of comput- ing the amount of the pension or gratuity of an officer, the highest pensionable emoluments enjoyed or drawn by him during his service in an established office shall be taken: Provided that if, by reason of any order made in any dis- ciplinary proceedings against any officer, the amount to be taken in A 11 [Subsidiary] Emoluments to be taken for computing pension or gratuity, L.N. 123/80. 26 of 1982, s. 6; 36 of 1987, s. 49.
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1987 Ed.]

Pensions Regulations

[CAP. 89

period as the Governor may in any special case determine; or if the officer fails after serving with Her Majesty's Forces to re-enter the public service otherwise than in circumstances in which he would be permitted under the law applicable to the public service in which he is last employed prior to military service, to retire on pension or gratuity, such circumstances arising not later than the expiration of 3 months or such longer period as may be determined as aforesaid, after the termination of his mili- tary service:

(ii) this regulation shall not apply when subsequent to the commencement of the Ordinance an officer shall have commenced service with Her Majesty's Forces without the approval of the Governor of the territory in the service of which he was last employed before so serving;

(iii) if during any period mentioned in paragraph (a) the officer shall have qualified for pension, or received emoluments in lieu of pension rights, actually in respect of military service, paragraph (a) shall, as respects that period, have effect as if the words “leave without salary not granted on grounds of public policy" were substituted for the words "leave on full salary";

(iv) if during his military service the officer shall be injured or killed, he shall not, for the purposes of any provision of the Ordinance or of these regulations relating to injury awards, be deemed to have been injured or killed in the discharge of his duty;

(v) the provisions of this regulation which require that the officer shall be deemed to have held a specified office and to have been on leave from a specified service shall not apply in respect of any period during which he shall actually have held any other substantive office and have been on leave from any public service;

(vi) save where in any particular case the Governor otherwise directs, this regulation shall not apply where the office in the public service last held by the officer prior to military service was not an established office;

(vii) the provisions of this regulation shall not apply to an officer who has received a pension or gratuity during a period of service in Her Majesty's Forces in respect of public service prior to joining Her Majesty's Forces.

17. [Revoked, 36 of 1987, s. 49]

18. (1) Subject to this regulation, for the purpose of comput- ing the amount of the pension or gratuity of an officer, the highest pensionable emoluments enjoyed or drawn by him during his service in an established office shall be taken:

Provided that if, by reason of any order made in any dis- ciplinary proceedings against any officer, the amount to be taken in

A 11

[Subsidiary]

Emoluments to be taken for computing pension or gratuity, L.N. 123/80. 26 of 1982, s. 6; 36 of 1987, s. 49.

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