1964_PENSION_BENEFITS_(JUDICIAL_OFFICERS)_ORDINANCE — Page 12

1988 Ed.]

Pension Benefits (Judicial Officers)

{CAP. 401

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(ii) under any Ordinance mentioned in paragraph (a), (b), (c) or (d) that is applicable.

(2) Where an officer is serving-

(a) as an officer or member of the Royal Hong Kong Regiment under the Royal Hong Kong Regiment Ordinance;

(b) as a member of the Royal Hong Kong Auxiliary Police Force under the Royal Hong Kong Auxiliary Police Force Ordinance;

(c) as an officer or member of the Royal Hong Kong Auxiliary Air Force under the Royal Hong Kong Auxiliary Air Force Ordinance; or

(d) as a member of the Essential Services Corps under the Essential Services Corps Ordinance,

and is killed in circumstances in which a pension, gratuity or other award is grantable in respect of that service, the Director of Accounting Services shall direct that his beneficiaries shall be granted a pension, gratuity or other award-

(i) under section 20, unless section 20(9) applies, in like manner as if his service had been public service under the Government and as if he had died, in the like circumstances while in service; or

(ii) under any Ordinance mentioned in paragraph (a), (b), (c) or (d) that is applicable,

whichever the Director considers is most beneficial to the beneficiaries as a whole.

(3) If under the appropriate Ordinance applicable to the Royal Hong Kong Regiment, the Royal Hong Kong Auxiliary Police Force, the Royal Hong Kong Auxiliary Air Force or the Essential Services Corps a pension, gratuity or other award may be granted in respect of injury or death during training or instruction or other form of service, then the expression "service" in subsections (1) and (2) includes training, instruction or other form of service in the Regiment, Force or Corps, as the case may be.

Discretionary power to grant ex gratia payment where officer leaves the public service

19. Where an officer leaves the public service and a pension or short service gratuity cannot otherwise be granted to him under this Ordinance, the Governor may, if he thinks fit, grant an ex gratia payment to the officer in an amount that he thinks just and proper.

Dependant pension

20. (1) Subject to subsection (3), where an officer dies as a result of injuries received-

(a) in the actual discharge of his duty;

(b) without his own default; and

(c) on account of circumstances specifically attributable to the nature of his duty,