1964_PENSION_BENEFITS_ORDINANCE — Page 27

26

CAP. 99]

Pension Benefits

[1988 Ed.

allow), be afforded an opportunity of stating in writing, or having so stated on his behalf, why any of the powers conferred by section 27 or 29 on a designated officer should not be exercised in relation to him.

(e) Where-

(i) a communication referred to in paragraph (a) is issued; and (ii) the period specified in the communication has expired; and (iii) a notification referred to in paragraph (c) is not received by the designated officer from the person to whom the communication is addressed; and

(iv) an application to extend the period specified in the communi- cation is not so received, or where such an application is so received, it is disallowed,

notwithstanding the absence of representations referred to in para- graph (b), the designated officer may exercise in relation to such person a power conferred on such officer by section 27 or 29.

(4) A designated officer shall not exercise a power conferred on him by section 27 or 29 without having had regard to the submission (if any) made to him by or on behalf of the officer or other person concerned pursuant to this section.

(5) Where a designated officer exercises a power conferred on him by section 27 or 29, he shall forthwith notify in writing the officer or other person concerned.

(6) A person who is aggrieved by a decision of a designated officer made in the exercise of a power under section 27 or 29 may, within the period of 30 days beginning on the date of the notification of the decision, or such longer period as the Governor may permit, petition the Governor against the decision.

(7) Where the Governor receives a petition under subsection (6), he may, by a letter addressed to a member of the Panel, require the Panel to consider and report to him on the petition, and where the Governor makes such a requirement-

(a) the Panel shall comply with the requirement; and

(b) before he determines the petition, the Governor shall have regard to

the report of the Panel.

(8) In determining a petition under subsection (7) the Governor may, as he thinks fit, confirm, vary or reverse the decision to which the petition relates.

(9) Where pension benefits are cancelled or suspended in accordance with a determination under subsection (2), the Governor may direct that all or any part of the moneys to which the officer or other person concerned would have been entitled by way of pension benefits had he not been convicted and sen- tenced as specified in section 29(1) or retired as specified in section 29(3) be paid or applied in the same manner and in all respects as provided for in section 28(3), and when the Governor so directs, the moneys to which the direction relates shall be paid or applied in accordance with the direction.