CAP. 401]
Pension Benefits (Judicial Officers)
[1988 Ed.
(2) An officer may apply to the Chief Justice under a Circular to be issued under this section by the Chief Justice, to have all of his service attracting pension under the Pensions Ordinance to be taken into account as pensionable service under this Ordinance.
(3) Within 3 months after receiving an application under subsection (2), the Chief Justice may, having regard to the circumstances of the particular case, reject the application if he considers that approval of the application would prejudice the interests of the judicial service.
(4) Unless rejected by the Chief Justice under subsection (3), an application under subsection (2) shall be deemed to be approved.
(5) Where the Chief Justice rejects an application he shall inform the officer in writing of the rejection and the reasons for it.
(6) An officer whose application is rejected may, within 30 days after the notification to him of the rejection, or a longer period that the Governor may permit, petition the Governor against the rejection and the Governor may either confirm the rejection or approve the application.
(7) An officer in respect of whom 90% only of his substantive salary is taken as a pensionable emolument under the Pensions Ordinance may apply, at the same time as he applies under subsection (2) under the Circular referred to in subsection (2), that 100% of his substantive salary shall be taken into account as a pensionable emolument under this Ordinance.
(8) An application under subsection (7) shall be deemed to be approved if the application under subsection (2) is approved and shall be deemed to be rejected if the application under subsection (2) is rejected.
(9) An application approved under this section is irrevocable.
(10) A person who, before becoming an officer on transfer from the public service, was subject to the Pension Benefits Ordinance (Cap. 99) shall have all of his service attracting pension under that Ordinance taken into account as pensionable service under this Ordinance.
Option of person already retired
10. (1) A person who was an officer immediately before his retirement on or after 1 July 1987 under the Pensions Ordinance (Cap. 89) may at his option, to be exercised under a Circular to be issued under this section by the Chief Justice, require that all of his service attracting pension under that Ordinance shall be taken into account as pensionable service under this Ordinance.
(2) A person who exercises an option under this section shall be deemed to have retired under this Ordinance.
(3) An option exercised under this section is irrevocable.
Deemed application/option
11. (1) An officer who was eligible to apply under section 9(2) but who died on or after 1 July 1987 and before the expiry of the period within which he may have applied under the Circular, shall be deemed to have so applied and his application shall be deemed to be approved.
8
CAP. 401]
Pension Benefits (Judicial Officers)
[1988 Ed.
(2) An officer may apply to the Chief Justice under a Circular to be issued under this section by the Chief Justice, to have all of his service attracting pension under the Pensions Ordinance to be taken into account as pensionable service under this Ordinance.
(3) Within 3 months after receiving an application under subsection (2), the Chief Justice may, having regard to the circumstances of the particular case, reject the application if he considers that approval of the application would prejudice the interests of the judicial service.
(4) Unless rejected by the Chief Justice under subsection (3), an applica- tion under subsection (2) shall be deemed to be approved.
(5) Where the Chief Justice rejects an application he shall inform the officer in writing of the rejection and the reasons for it.
(6) An officer whose application is rejected may, within 30 days after the notification to him of the rejection, or a longer period that the Governor may permit, petition the Governor against the rejection and the Governor may either confirm the rejection or approve the application.
(7) An officer in respect of whom 90% only of his substantive salary is taken as a pensionable emolument under the Pensions Ordinance may apply, at the same time as he applies under subsection (2) under the Circular referred to in subsection (2), that 100% of his substantive salary shall be taken into account as a pensionable emolument under this Ordinance.
(8) An application under subsection (7) shall be deemed to be approved if the application under subsection (2) is approved and shall be deemed to be rejected if the application under subsection (2) is rejected.
(9) An application approved under this section is irrevocable.
(10) A person who, before becoming an officer on transfer from the public service, was subject to the Pension Benefits Ordinance (Cap. 99) shall have all of his service attracting pension under that Ordinance taken into account as pensionable service under this Ordinance.
Option of person already retired
10. (1) A person who was an officer immediately before his retirement on or after 1 July 1987 under the Pensions Ordinance (Cap. 89) may at his option, to be exercised under a Circular to be issued under this section by the Chief Justice, require that all of his service attracting pension under that Ordinance shall be taken into account as pensionable service under this Ordinance.
(2) A person who exercises an option under this section shall be deemed to have retired under this Ordinance.
(3) An option exercised under this section is irrevocable.
Deemed application/option
11. (1) An officer who was eligible to apply under section 9(2) but who died on or after 1 July 1987 and before the expiry of the period within which he may have applied under the Circular, shall be deemed to have so applied and his application shall be deemed to be approved..
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