1988 Ed.]
Pension Benefits
[CAP. 99
29
(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 cesser of the engagement or any later date as the Governor shall specify, and the pension shall be restored accordingly.
Pension benefits not assignable
31. (1) Save as otherwise provided by the Public Officers (Assignment of Emoluments) Ordinance (Cap. 363), pension benefits granted to an officer shall not be 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 any court for the payment of money towards the maintenance of the spouse or former spouse or minor child of the officer,
and pension benefits shall not be liable to be attached, sequestered or levied upon for or in respect of any claim or debt other than a debt due to the Government.
(2) (a) Where any person to whom pension benefits are granted owes a debt to the Government, subject to paragraph (b), the Director of Accounting Services may apply those benefits, either in whole or in part, for the satisfaction, or partial satisfaction, of the debt.
(b) Where-
(i) a person owes a debt to the Government arising otherwise than on account of tax payable under the Inland Revenue Ordinance (Cap. 112); and
(ii) 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 by this subsection,
the amount applied in such exercise shall not, as regards a particular such benefit, exceed an amount equal to 25% of the benefit.
(3) Each of the references in this section to pension benefits shall be construed as including a reference to any increase in the benefits which is for the time being authorized under section 4 of the Pensions (Increase) Ordinance (Cap. 305).
Operation of section 31
(Replaced 61 of 1988 s. 7(1))
31A. Section 31, as enacted by section 7(1) of the Pension Benefits (Miscellaneous Amendments) Ordinance 1988 (61 of 1988), shall be deemed to have come into operation on 1 July 1987.
Grant of short service gratuity
(61 of 1988 s. 7(2) incorporated)
32. (1) If a pension cannot be granted to an officer whose service under the Government is less than the qualifying service specified in section 11, he shall be granted, on retirement from the public service, a short service gratuity at the prescribed rate in respect of his service.
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Page 31
1988 Ed.]
Pension Benefits
[CAP. 99
29
(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 cesser of the engagement or any later date as the Governor shall specify, and the pension shall be restored accordingly.
Pension benefits not assignable
31. (1) Save as otherwise provided by the Public Officers (Assignment of Emoluments) Ordinance (Cap. 363), pension benefits granted to an officer shall not be 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 any court for the payment of money towards the maintenance of the spouse or former spouse or minor child of the officer,
and pension benefits shall not be liable to be attached, sequestered or levied upon for or in respect of any claim or debt other than a debt due to the Government. (2) (a) Where any person to whom pension benefits are granted owes a debt to the Government, subject to paragraph (b), the Director of Accounting Services may apply those benefits, either in whole or in part, for the satisfaction, or partial satisfaction, of the debt. (b) Where-
(i) a person owes a debt to the Government arising otherwise than on account of tax payable under the Inland Revenue Ordinance (Cap. 112); and
(ii) 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 by this subsection,
the amount applied in such exercise shall not, as regards a particular such benefit, exceed an amount equal to 25% of the benefit.
(3) Each of the references in this section to pension benefits shall be construed as including a reference to any increase in the benefits which is for the time being authorized under section 4 of the Pensions (Increase) Ordinance (Cap. 305).
Operation of section 31
(Replaced 61 of 1988 s. 7(1))
31A. Section 31, as enacted by section 7(1) of the Pension Benefits (Miscellaneous Amendments) Ordinance 1988 (61 of 1988), shall be deemed to have come into operation on 1 July 1987.
Grant of short service gratuity
(61 of 1988 s. 7(2) incorporated)
32. (1) If a pension cannot be granted to an officer whose service under the Government is less than the qualifying service specified in section 11, he shall be granted, on retirement from the public service, a short service gratuity at the prescribed rate in respect of his service.
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