16
CAP. 2]
Surcharge in respect of deceased
persons.
Public Finance
[1983 Ed.
other emoluments, are payable or may become payable by the Government to the person surcharged, the Financial Secretary may require the amount of any surcharge imposed on that person to be deducted from such moneys in whole or in part as he considers fair and reasonable.
(3) Notwithstanding anything in subsections (1) and (2)– (a) the total amount of any deduction from the monthly salary, wages or pension of the person surcharged in any month shall not exceed one half of the gross amount of the salary, wages or pension payable for that month;
(b) no collection of a surcharge shall be made until after the expiration of the period allowed by section 34 for the lodging of an appeal; and
(c) where the person surcharged appeals under section 34, no collection of the surcharge shall be made until and unless the amount of the surcharge has been confirmed or otherwise determined in accordance with the provisions of that section.
(4) Nothing in this section shall affect the right of the Government, which is hereby declared, to-
(a) sue the person surcharged for the recovery of the amount of any surcharge as a civil debt due to the Government; or (b) sue any person for the recovery of any amount as a civil debt notwithstanding that a person may be subject to a surcharge in respect of part or all of that amount.
37. (1) Where a person referred to in section 32 dies at any time before or after he is surcharged under that section, the Financial Secretary may surcharge the personal representative of such person and the provisions of this Part shall thereupon apply to the personal representative as respects the estate of the deceased person as they would have applied to the deceased person if he were alive.
(2) For the purposes of this section "personal representative" means the executor or administrator for the time being of a deceased person.
Abandonment of claims, etc. and write-off of
public moneys and stores. (Cap. 1.)
PART VI
MISCELLANEOUS
38. (1) Without prejudice to section 96 of the Interpretation and General Clauses Ordinance, the Financial Secretary, subject to, in any case involving fraud or negligence, any conditions, exceptions or limitations specified by the Finance Committee, may--
(a) abandon, remit or waive any claims by or on behalf of the
Government;
16
CAP. 2]
Surcharge in respect of deceased
persons.
Public Finance
[1983 Ed.
other emoluments, are payable or may become payable by the Government to the person surcharged, the Financial Secretary may require the amount of any surcharge imposed on that person to be deducted from such moneys in whole or in part as he considers fair and reasonable.
(3) Notwithstanding anything in subsections (1) and (2)– (a) the total amount of any deduction from the monthly salary, wages or pension of the person surcharged in any month shall not exceed one half of the gross amount of the salary, wages or pension payable for that month;
(b) no collection of a surcharge shall be made until after the expiration of the period allowed by section 34 for the lodging of an appeal; and
(c) where the person surcharged appeals under section 34, no collection of the surcharge shall be made until and unless the amount of the surcharge has been confirmed or other- wise determined in accordance with the provisions of that section.
(4) Nothing in this section shall affect the right of the Govern- ment, which is hereby declared, to-
(a) sue the person surcharged for the recovery of the amount of any surcharge as a civil debt due to the Government; or (b) sue any person for the recovery of any amount as a civil debt notwithstanding that a person may be subject to a surcharge in respect of part or all of that amount.
37. (1) Where a person referred to in section 32 dies at any time before or after he is surcharged under that section, the Financial Secretary may surcharge the personal representative of such person and the provisions of this Part shall thereupon apply to the personal representative as respects the estate of the deceased person as they would have applied to the deceased person if he were alive.
(2) For the purposes of this section "personal representative" means the executor or administrator for the time being of a deceased person.
Abandonment of claims, etc. and write-off of
public moneys and stores. (Cap. 1.)
PART VI
MISCELLANEOUS
38. (1) Without prejudice to section 96 of the Interpretation and General Clauses Ordinance, the Financial Secretary, subject to. in any case involving fraud or negligence, any conditions. exceptions or limitations specified by the Finance Committee, may--
(a) abandon, remit or waive any claims by or on behalf of the
Government;
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