Hong Kong Ordinances

PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE - SECT 2

Interpretation

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) In this Ordinance, unless the context otherwise requires-

"additional pension" (額外退休金) means an additional pension granted
under section 15 or 17;

"authorized increase" (特准增加額) has the same meaning as in the
Pensions  (Increase) Ordinance ( Cap 305);

"child" (子女) in relation to an officer- (Amended 28 of 2004 s. 35)

   (a)  includes-

        (i)    an illegitimate child, a step-child and a child adopted by the
               officer; and

        (ii)   a child of the officer adopted by another person under an
               adopted order granted under paragraph (c) of section 5(1) of
               the Adoption  Ordinance ( Cap 290) where the officer is the
               parent referred to in that paragraph; and

   (b)  subject to paragraph (a)(ii), does not include a child of the officer
        adopted by another person; (Replaced 3 of 1993 s. 61. Amended 28 of
        2004 s. 35)

"commuted pension gratuity" (經折算的退休酬金) means the
commuted pension gratuity referred to in section 26(1);

"compensation scheme" (補償計劃) means a compensation scheme approved
under section 13;

"death gratuity" (死亡恩恤金) means a death gratuity payable under
section 21;

"deferred pension" (延付退休金) means a pension granted to an officer but
the payment of which is deferred under section 8(1)(a);

"dependant pension" (受養人退休金) means a pension granted under
section 20 to a dependant of a deceased officer;

"designated officer" (指定人員) means an officer appointed under
section 32(1);

"established office" (設定職位) has the same meaning as in the Pension 
Benefits Ordinance ( Cap 99);

"highest pensionable emoluments" (最高可供計算退休的薪酬) means the
highest annual pensionable emoluments determined in accordance with
the regulations;

"non-established office" (非設定職位) means an office in the
public service which is not an established office;

"normal retirement age" (正常退休年齡) means the retirement age
specified in section 6;

"notional highest pensionable emoluments"
(理論上最高可供計算退休金的薪酬) means the
highest pensionable emoluments enjoyed or drawn by an officer during his
service which are deemed for the purposes of this Ordinance to be increased in
value by the same percentage as the authorized increase since the date when he
left the service up to the earlier date he attains his retirement age or the
date of his death;

"officer" (人員) means an officer holding a judicial office as defined in
the Public Service Commission Ordinance ( Cap 93);

"other public service" (其他公職、其他公職服務) means
public service not under the Government;

"pension" (退休金) means any pension or deferred pension (other than an
additional pension or a dependant pension) granted, payable or paid under this
Ordinance;

"pension benefits" (退休金利益) means any pension, additional pension,
dependant pension, death gratuity, commuted pension gratuity, short 
service gratuity or other benefits granted, payable or paid under this
Ordinance;

"pensionable emoluments" (可供計算退休金的薪酬) means-

   (a)  in respect of service of an officer under the Government, the
        emoluments specified in section 23(1)(a), (b), (c) or (d) and (2), and
        where provided includes pensionable emoluments enjoyed or drawn by him
        and his notional pensionable emoluments; and

   (b)  in respect of an officer in other public service, the emoluments
        referred to in section 23(1)(e); (Amended 4 of 1993 s. 29)

"pensionable emoluments enjoyed or drawn"
(享有或支取的可供計算退休金的薪酬) includes the
pensionable emoluments that an officer on leave without salary would have
enjoyed or drawn if he had been on duty on full pensionable emoluments;

"pensionable service"
(可供計算退休金的服務期、可供計算退休金的服務) means
service which may be taken into account in computing pension benefits;

"pensioner" (領取退休金的人) means a person to whom a pension has been
granted, payable or paid;

"personal allowance" (個人津貼) means a special addition to a salary
granted personally to the holder for the time being of an office if it is
granted subject to the condition that it shall be taken into account in
computing pension;

"public service" (公職、公職服務) and "service"
(任職、服務、服務期) mean-

   (a)  with respect to an officer appointed on or after the date on which
        Schedule 4 to the Adaptation of Laws (No. 10) Ordinance 1999 (26 of
        1999) comes into operation-

        (i)    service in a civil capacity under the Government;

        (ii)   any other service that the Chief Executive has determined to be
               public service for the purposes of this Ordinance; (Replaced 26
               of 1999 s. 3)

   (b)  with respect to an officer appointed before the date on which Schedule
        4 to the Adaptation of Laws (No. 10) Ordinance 1999 (26 of 1999) comes
        into operation-

        (i)    service in a civil capacity under the Government or under the
               government of any country or territory in the Commonwealth;

        (ii)   service in a civil capacity under the East Africa High
               Commission, the East African Common Services Organization, the
               East African Posts and Telecommunications Administration, the
               East African Railways and Harbours Administration, the East
               African Community, the East African Harbours Corporation, the
               East African Posts and Telecommunications Corporation, the East
               African Railways Corporation or any of their successor
               authorities;

        (iii)  service which was, before the date on which Schedule 4 to the
               Adaptation of Laws (No. 10) Ordinance 1999 (26 of 1999) comes
               into operation, pensionable- (A) under the Oversea
               Superannuation Scheme of the United Kingdom; (B) under any Acts
               of the United Kingdom relating to the superannuation of
               teachers in the United Kingdom; (C) under a local authority in
               the United Kingdom; or (D) under the National Health Service of
               the United Kingdom;

        (iv)   any other service that the Chief Executive has determined to be
               public service for the purposes of this Ordinance;

        (v)    except for the purposes of computation of a pension or gratuity
               and of section 22, service in respect of which a pension could,
               before the date on which Schedule 4 to the Adaptation of Laws
               (No. 10) Ordinance 1999

(26 of 1999) comes into operation, have been granted under the Governors'
Pensions Act 1957 of the United Kingdom (1957 c. 62 U.K.) or the Governors'
Pensions Scheme 1979 or any Act of the United Kingdom or Scheme amending or
replacing that Act or Scheme;

        (vi)   service as the holder of the office of President,
               Vice-President, Justice of Appeal, Registrar, officer or
               servant of the Court of Appeal for Eastern Africa or the Court
               of Appeal for East Africa;

        (vii)  service in a civil capacity in the service of the Interim
               Commission for the West Indies;

        (viii) pensionable service with the British Telecommunication and the
               Post Office, United Kingdom of Great Britain and Northern
               Ireland; (Replaced 26 of 1999 s. 3)

   (c)  -(h) (Repealed 26 of 1999 s. 3)

"qualifying service" (符合領取退休金利益資格的服務期) means the
period of service calculated as qualifying service in accordance with
the regulations;

"reduced pension" (經扣減的退休金) means the reduced pension referred
to in section 26(1);

"the regulations" (規例) means regulations made under this Ordinance;

"retirement" (退休) means retirement from the public service;

"salary" (薪金) means the substantive salary attached to any established or
non-established office in the service;

"short service gratuity" (短期服務酬金) means a short service gratuity
granted to an officer under section 36;

"spouse" (配偶) means the person to whom an officer is, by reason of the
form of marriage contracted, lawfully married;

"wife" (妻子), in relation to an officer, means-

   (a)  the lawful wife of the officer married to him by a Christian marriage
        or its civil equivalent;

   (b)  where there is no such wife and the officer is Chinese the kit fat or
        tin fong wife; or

   (c)  where there is no wife under paragraph (a) or (b) and polygamy
        lawfully subsists, the principal wife recognized as such by the
        personal law of the officer,
and "widow" (遺孀) shall be construed accordingly.

(2) For the avoidance of doubt it is hereby declared that, where a person has
been confirmed in an established office and is afterward appointed to another
established office, then, unless the terms of the appointment otherwise
require, the last mentioned office is, for the purposes of this Ordinance, an
office in which he has been confirmed. (Enacted 1988)

"additional pension" (額外退休金)

"authorized increase" (特准增加額)

"child" (子女)

"commuted pension gratuity" (經折算的退休酬金)

"compensation scheme" (補償計劃)

"death gratuity" (死亡恩恤金)

"deferred pension" (延付退休金)

"dependant pension" (受養人退休金)

"designated officer" (指定人員)

"established office" (設定職位)

"highest pensionable emoluments" (最高可供計算退休的薪酬)

"non-established office" (非設定職位)

"normal retirement age" (正常退休年齡)

"notional highest pensionable emoluments"
(理論上最高可供計算退休金的薪酬)

"officer" (人員)

"other public service" (其他公職、其他公職服務)

"pension" (退休金)

"pension benefits" (退休金利益)

"pensionable emoluments" (可供計算退休金的薪酬)

"pensionable emoluments enjoyed or drawn"
(享有或支取的可供計算退休金的薪酬)

"pensionable service"
(可供計算退休金的服務期、可供計算退休金的服務)

"pensioner" (領取退休金的人)

"personal allowance" (個人津貼)

"public service" (公職、公職服務) and "service"
(任職、服務、服務期)

"qualifying service" (符合領取退休金利益資格的服務期)

"reduced pension" (經扣減的退休金)

"the regulations" (規例)

"retirement" (退休)

"salary" (薪金)

"short service gratuity" (短期服務酬金)

"spouse" (配偶)

"wife" (妻子)

"widow" (遺孀)