1964_PENSION_BENEFITS_(JUDICIAL_OFFICERS)_ORDINANCE — Page 23

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CAP. 401]

Pension Benefits (Judicial Officers)

[1988 Ed.

Pension benefits may be cancelled, suspended or

reduced on conviction, etc.

31. (1) Where an officer to whom a pension has been granted-

(a) is convicted of an offence in connection with public service under the Government, and that offence is certified by the Governor to have been gravely injurious to Hong Kong or to be liable to lead to serious loss of confidence in the public service;

(b) is convicted of an offence under Part II of the Prevention of Bribery Ordinance (Cap. 201), and that offence is related to the person's previous public service under the Government; or

(c) is convicted of treason under section 2 of the Crimes Ordinance (Cap. 200),

the pension may be cancelled, suspended or reduced.

(2) If after the retirement of an officer in circumstances in which he is eligible for pension benefits but before the pension benefits are granted he is convicted as specified in subsection (1), and sentenced, any pension benefits eventually granted to him may be cancelled, suspended or reduced.

(3) Where an officer is compulsorily retired in the exercise of disciplinary powers following a conviction of any offence referred to in subsection (1), the deferred pension which may be granted to him may be cancelled, suspended or reduced, or he may not be granted a deferred pension.

(4) For the purposes of subsections (1), (2) and (3), a designated officer may, subject to section 32, determine-

(a) whether pension benefits shall be cancelled, suspended or reduced, or shall not be granted, as the case may be;

(b) the date from which pension benefits shall be cancelled, suspended or reduced; and

(c) in the case of a reduction in pension benefits, the amount of the reduction not exceeding 25% of the pension benefits.

Representations to designated officer

32. (1) The Governor may appoint an officer to be a designated officer for the purposes of this Ordinance and the appointment may be made either generally or for the purpose of enabling the officer, should he think fit, to exercise as regards a particular case specified in the appointment, any of the powers conferred on a designated officer by this Ordinance.

(2) Before a designated officer exercises a power conferred on him by section 29 or 31, he shall by a communication in writing addressed to the officer or other person concerned inform him that exercise of such a power in relation to him is being considered and why it is being considered.

(3) The communication shall state that, within a period specified in the communication (being a period ending not earlier than 30 days after the date of the communication or a longer period that the designated officer may allow),