1964_PENSION_BENEFITS_ORDINANCE — Page 24

1988 Ed.]

Pension Benefits

[CAP. 99

23

(2) Subject to subsection (6) and to section 29A, a designated officer

may-

(a) refuse to grant a pension; or

(b) cancel or reduce a pension granted,

to an officer to whom section 11(1)(a), (b), (j) or (k) applies, if it be shown to the designated officer that-

(i) the officer retired during any disciplinary proceedings brought against him by the Government, or resigned from the service to avoid such disciplinary proceedings; and

(ii) had such proceedings been completed or taken place they would, in the opinion of the Public Service Commission, have led to the dismissal of the officer from the service or compulsory retirement in the exercise of disciplinary powers of punishment by the Govern- ment with a reduction of the pension benefits granted to him.

(3) A cancellation or reduction of pension made by a designated officer under subsection (1) or (2) shall be effective as from such date as the designated officer shall determine, and in the case of a reduction of pension the reduction shall be by such amount, not exceeding 25% of the pension, as the designated officer shall determine.

(4) Where, under this section, a designated officer refuses to grant a pension to a person or officer, a pension shall accordingly not be granted to that person or officer.

(5) Before a designated officer, acting under subsection (1),-

(a) refuses to grant a pension; or

(b) cancels or reduces a pension granted,

to a person other than a person who holds or who, immediately before leaving the public service, held an office specified in section 6(2) of, or the First Schedule to, the Public Service Commission Ordinance (Cap. 93), he shall take into consideration the advice of the Public Service Commission.

(6) In exercising any power under subsection (2) to-

(a) refuse to grant a pension; or

(b) cancel or reduce a pension granted,

to an officer other than an officer who holds or who, immediately before leaving the public service, held an office specified in section 6(2) of, or the First Schedule to, the Public Service Commission Ordinance, a designated officer shall take into consideration the advice of the Public Service Commission.

(Replaced 86 of 1988 s. 3)

Pension to cease on bankruptcy

28. (1) If any person to whom a pension has been granted is adjudicated bankrupt or is declared insolvent by judgment of any court, subject to sub- section (5), payment of the pension shall cease as from the date on which he is so adjudicated.