1964_PENSION_BENEFITS_(JUDICIAL_OFFICERS)_ORDINANCE — Page 25

HK Historical Laws 香港歷史法例 All AI Reviewed
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24

CAP. 401]

Pension Benefits (Judicial Officers)

[1988 Ed.

(3) In determining a petition under subsection (2) the Governor may, as he thinks fit, confirm, vary or reverse the decision to which the petition relates.

(4) Where pension benefits are cancelled or suspended in accordance with section 31, the Governor may direct that all or any part of the money to which the officer or other person concerned would have been entitled by way of pension benefits had he not been convicted or retired be paid or applied in the same manner and in all respects as provided for in section 30(3), and when the Governor so directs, the money to which the direction relates shall be paid or applied in accordance with the direction.

(5) Where a person whose pension benefits have been cancelled, suspended or reduced, in accordance with section 31, receives a free pardon, the pension benefits to which he would have been entitled had he not been convicted shall be restored to him with retrospective effect as from the date of cancellation, suspension or reduction; but in determining whether any arrears of the pension benefits are payable to him and in computing the amount of the benefits account shall be taken of all money paid or applied under subsection (4) or, where pension benefits have been reduced, paid as reduced pension benefits.

(6) Where a person whose pension benefits have been cancelled, suspended or reduced, in accordance with section 31, has served a sentence of imprisonment imposed on conviction, the Governor may direct that the pension benefits to which he would have been entitled had he not been convicted shall be restored to him as from the date on which he completes serving the sentence of imprisonment or any later date as the Governor shall specify in the direction, and where the Governor so directs, the pension benefits to which the direction relates shall be restored in accordance with the direction.

(7) Where a designated officer exercises a power conferred on him by section 29 or 31, the relevant cancellation, suspension or reduction, as the case may be, shall not come into operation-

(a) in case no petition is brought under subsection (1), until the time for bringing the petition has expired; or

(b) in case a petition is brought, before the petition is either determined or withdrawn.

Pension may be suspended on certain post-retirement employment

34. (1) The Governor may direct that a pension granted to a person shall be suspended as from a date the Governor shall specify if the person has, within 2 years after his retirement and without the prior permission in writing of the Governor

(a) entered business on his own account;

(b) become a partner in a partnership;

(c) become a director of a company; or (d) become an employee,

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(3) In determining a petition under subsection (2) the Governor may, as he thinks fit, confirm, vary or reverse the decision to which the petition relates.(4) Where pension benefits are cancelled or suspended in accordance with section 31, the Governor may direct that all or any part of the money to which the officer or other person concerned would have been entitled by way of pension benefits had he not been convicted or retired be paid or applied in the same manner and in all respects as provided for in section 30(3), and when the Governor so directs, the money to which the direction relates shall be paid or applied in accordance with the direction.(5) Where a person whose pension benefits have been cancelled, suspended or reduced, in accordance with section 31, receives a free pardon, the pension benefits to which he would have been entitled had he not been convicted shall be restored to him with retrospective effect as from the date of cancellation, suspension or reduction; but in determining whether any arrears of the pension benefits are payable to him and in computing the amount of the benefits account shall be taken of all money paid or applied under subsection (4) or, where pension benefits have been reduced, paid as reduced pension benefits.(6) Where a person whose pension benefits have been cancelled, suspended or reduced, in accordance with section 31, has served a sentence of imprisonment imposed on conviction, the Governor may direct that the pension benefits to which he would have been entitled had he not been convicted shall be restored to him as from the date on which he completes serving the sentence of imprisonment or any later date as the Governor shall specify in the direction, and where the Governor so directs, the pension benefits to which the direction relates shall be restored in accordance with the direction.(7) Where a designated officer exercises a power conferred on him by section 29 or 31, the relevant cancellation, suspension or reduction, as the case may be, shall not come into operation-(a) in case no petition is brought under subsection (1), until the time for bringing the petition has expired; or(b) in case a petition is brought, before the petition is either determined or withdrawn.Pension may be suspended on certain post-retirement employment34. (1) The Governor may direct that a pension granted to a person shall be suspended as from a date the Governor shall specify if the person has, within 2 years after his retirement and without the prior permission in writing of the Governor(a) entered business on his own account;(b) become a partner in a partnership;(c) become a director of a company; or (d) become an employee,Page 25Page 26
Baseline (Original)
(3) In determining a petition under subsection (2) the Governor may, as he thinks fit, confirm, vary or reverse the decision to which the petition relates.(4) Where pension benefits are cancelled or suspended in accordance with section 31, the Governor may direct that all or any part of the money to which the officer or other person concerned would have been entitled by way of pension benefits had he not been convicted or retired be paid or applied in the same manner and in all respects as provided for in section 30(3), and when the Governor so directs, the money to which the direction relates shall be paid or applied in accordance with the direction.(5) Where a person whose pension benefits have been cancelled, suspended or reduced, in accordance with section 31, receives a free pardon, the pension benefits to which he would have been entitled had he not been convicted shall be restored to him with retrospective effect as from the date of cancellation, suspension or reduction; but in determining whether any arrears of the pension benefits are payable to him and in computing the amount of the benefits account shall be taken of all money paid or applied under subsection (4) or, where pension benefits have been reduced, paid as reduced pension benefits.(6) Where a person whose pension benefits have been cancelled, suspended or reduced, in accordance with section 31, has served a sentence of imprison- ment imposed on conviction, the Governor may direct that the pension benefits to which he would have been entitled had he not been convicted shall be restored to him as from the date on which he completes serving the sentence of imprisonment or any later date as the Governor shall specify in the direction, and where the Governor so directs, the pension benefits to which the direction relates shall be restored in accordance with the direction.(7) Where a designated officer exercises a power conferred on him by section 29 or 31, the relevant cancellation, suspension or reduction, as the case may be, shall not come into operation-(a) in case no petition is brought under subsection (1), until the time for bringing the petition has expired; or(b) in case a petition is brought, before the petition is either determined or withdrawn.Pension may be suspended on certain post-retirement employment34. (1) The Governor may direct that a pension granted to a person shall be suspended as from a date the Governor shall specify if the person has, within 2 years after his retirement and without the prior permission in writing of the Governor(a) entered business on his own account;(b) become a partner in a partnership;(c) become a director of a company; or (d) become an employee,Page 25Page 26
2026-05-05 04:54:17 · Baseline
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24

CAP. 401]

Pension Benefits (Judicial Officers)

[1988 Ed.

(3) In determining a petition under subsection (2) the Governor may, as he thinks fit, confirm, vary or reverse the decision to which the petition relates.

(4) Where pension benefits are cancelled or suspended in accordance with section 31, the Governor may direct that all or any part of the money to which the officer or other person concerned would have been entitled by way of pension benefits had he not been convicted or retired be paid or applied in the same manner and in all respects as provided for in section 30(3), and when the Governor so directs, the money to which the direction relates shall be paid or applied in accordance with the direction.

(5) Where a person whose pension benefits have been cancelled, suspended or reduced, in accordance with section 31, receives a free pardon, the pension benefits to which he would have been entitled had he not been convicted shall be restored to him with retrospective effect as from the date of cancellation, suspension or reduction; but in determining whether any arrears of the pension benefits are payable to him and in computing the amount of the benefits account shall be taken of all money paid or applied under subsection (4) or, where pension benefits have been reduced, paid as reduced pension benefits.

(6) Where a person whose pension benefits have been cancelled, suspended or reduced, in accordance with section 31, has served a sentence of imprison- ment imposed on conviction, the Governor may direct that the pension benefits to which he would have been entitled had he not been convicted shall be restored to him as from the date on which he completes serving the sentence of imprisonment or any later date as the Governor shall specify in the direction, and where the Governor so directs, the pension benefits to which the direction relates shall be restored in accordance with the direction.

(7) Where a designated officer exercises a power conferred on him by section 29 or 31, the relevant cancellation, suspension or reduction, as the case may be, shall not come into operation-

(a) in case no petition is brought under subsection (1), until the time for

bringing the petition has expired; or

(b) in case a petition is brought, before the petition is either determined or

withdrawn.

Pension may be suspended on certain

post-retirement employment

34. (1) The Governor may direct that a pension granted to a person shall be suspended as from a date the Governor shall specify if the person has, within 2 years after his retirement and without the prior permission in writing of the Governor

(a) entered business on his own account;

(b) become a partner in a partnership;

(c) become a director of a company; or (d) become an employee,

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