1988 Ed.]
Pension Benefits (Judicial Officers)
{CAP. 401
25
if the principal part of the business or the business of the partnership or company or of his employment is, in the opinion of the Governor, carried on in Hong Kong, and the Chief Justice shall forthwith notify in writing the person concerned of the direction.
(2) The Governor may specify a period of more than 2 years for the purposes of subsection (1) where he thinks fit, and the Chief Justice shall forthwith notify in writing the person concerned of the specified period.
(3) A person who is aggrieved by a direction under subsection (1) or a specification under subsection (2) may, within 30 days after the notification to him of the direction or specification or a longer period that the Governor may in any particular case permit, petition the Governor against the direction or specification and the Governor may confirm, vary or reverse the direction or specification as he thinks fit.
(4) Where a person whose pension has been suspended under subsection (1) ceases to be engaged in any of the capacities specified in that subsection, the Governor may, if he is satisfied that the person has so ceased to be engaged, direct that the pension shall be restored to him with retrospective effect as from the date of cessation of the engagement or any later date the Governor may specify, and the pension shall be restored accordingly.
Pension benefits not assignable
35. (1) Except as otherwise provided by the Public Officers (Assignment of Emoluments) Ordinance (Cap. 363), pension benefits granted to an officer are not assignable or transferable except for the purpose of
(a) satisfying, either in whole or in part, a debt due to the Government; or (b) satisfying an order of a court for the payment of money towards the maintenance of the spouse or former spouse or minor child of the officer,
and pension benefits are not liable to be attached, sequestered or levied on for or in respect of any claim or debt other than a debt due to the Government.
(2) Where a person to whom pension benefits are granted owes a debt to the Government, subject to subsection (3), the Director of Accounting Services may apply those benefits, either in whole or in part, for the satisfaction or partial satisfaction of the debt.
(3) Where—
(a) a person owes a debt to the Government arising otherwise than on account of tax payable under the Inland Revenue Ordinance (Cap. 112); and
(b) the person has not consented to the exercise, in relation to pension benefits granted to him, of the power conferred on the Director of Accounting Services under subsection (2),
the amount applied in satisfaction of the debt shall not, as regards a particular pension benefit, exceed 25% of the pension benefit.
(4) In this section "pension benefits" includes an increase in the benefits under section 4 of the Pensions (Increase) Ordinance (Cap. 305).
1988 Ed.]
Pension Benefits (Judicial Officers)
{CAP. 401
25
if the principal part of the business or the business of the partnership or company or of his employment is, in the opinion of the Governor, carried on in Hong Kong, and the Chief Justice shall forthwith notify in writing the person concerned of the direction.
(2) The Governor may specify a period of more than 2 years for the purposes of subsection (1) where he thinks fit, and the Chief Justice shall forthwith notify in writing the person concerned of the specified period.
(3) A person who is aggrieved by a direction under subsection (1) or a specification under subsection (2) may, within 30 days after the notification to him of the direction or specification or a longer period that the Governor may in any particular case permit, petition the Governor against the direction or specification and the Governor may confirm, vary or reverse the direction or specification as he thinks fit.
(4) Where a person whose pension has been suspended under subsection (1) ceases to be engaged in any of the capacities specified in that subsection, the Governor may, if he is satisfied that the person, has so ceased to be engaged, direct that the pension shall be restored to him with retrospective effect as from the date of cessation of the engagement or any later date the Governor may specify, and the pension shall be restored accordingly.
Pension benefits not assignable
35. (1) Except as otherwise provided by the Public Officers (Assignment of Emoluments) Ordinance (Cap. 363), pension benefits granted to an officer are not assignable or transferable except for the purpose of
(a) satisfying, either in whole or in part, a debt due to the Government; or (b) satisfying an order of a court for the payment of money towards the maintenance of the spouse or former spouse or minor child of the officer,
and pension benefits are not liable to be attached, sequestered or levied on for or in respect of any claim or debt other than a debt due to the Government.
(2) Where a person to whom pension benefits are granted owes a debt to the Government, subject to subsection (3), the Director of Accounting Services may apply those benefits, either in whole or in part, for the satisfaction or partial satisfaction of the debt.
(3) Where--·
(a)
a person owes a debt to the Government arising otherwise than on account of tax payable under the Inland Revenue Ordinance (Cap. 112); and
(b) the person has not consented to the exercise, in relation to pension benefits granted to him, of the power conferred on the Director of Accounting Services under subsection (2),
the amount applied in satisfaction of the debt shall not, as regards a particular pension benefit, exceed 25% of the pension benefit.
(4) In this section "pension benefits" includes an increase in the benefits under section 4 of the Pensions (Increase) Ordinance (Cap. 305).
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