Hong Kong Ordinances

PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE - SECT 20

Dependant pension

(Past version on 01/07/2007).
(Past version on 28/02/2003).
(Past version on 01/08/2000).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

For the saving and transitional provisions relating to the amendments made by
the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph
(12) of that Resolution.

(1) Subject to subsection (3), where an officer dies as a result of injuries
received-

   (a)  in the actual discharge of his duty;

   (b)  not due to his own serious and wilful misconduct; and (Replaced 3 of
        1993 s. 63)

   (c)  on account of circumstances specifically attributable to the nature of
        his duty, while in service under the Government, the Chief Executive
        shall grant, in addition to a death gratuity (if any)- (Amended 26 of
        1999 s. 3)

        (i)    if the officer leaves a spouse, a dependant pension to the
               spouse at a rate of one-sixth of the officer's annual
               pensionable  emoluments at the date of the injury; but the
               Chief Executive may grant a dependant pension under this
               paragraph at a rate not exceeding one-fourth of those
               pensionable emoluments; (Amended 3 of 1993 s. 63; 26 of 1999 s.
               3)

        (ii)   if the deceased officer leaves a spouse to whom a dependant 
               pension is granted under paragraph (i) and one or more
               children, a dependant pension to each child of an amount of
               one-eighth of the dependant pension granted in accordance with
               paragraph (i);

        (iii)  if the deceased officer leaves one or more children, but does
               not leave a spouse or leaves a spouse to whom no
               dependant pension is granted, a dependant pension to each child
               of double the amount determined under paragraph (ii) as if the
               officer had left a spouse;

        (iv)   if the deceased officer leaves one or more children and a
               spouse to whom a dependant pension is granted, and the spouse
               subsequently dies or ceases for any other reason to receive the
               dependant pension, a dependant pension to each child as from
               the date of the death of the spouse, or the date on which a
               dependant pension to the spouse ceases, of double the amount in
               accordance with paragraph (ii); (Amended 3 of 1993 s. 63)

        (v)    if the deceased officer does not leave a spouse, or leaves a
               spouse to whom no dependant pension is granted, and if- (A) the
               mother or father of the deceased officer was wholly or mainly
               dependent on the officer financially, a dependant pension to
               the mother or father, while she or he is without adequate means
               of support, of an amount not exceeding the dependant pension
               which could have been granted to the spouse under paragraph
               (i); and (B) both his mother and father were wholly or mainly
               dependent on the officer financially, a dependant pension to
               each of them, while she or

(where appropriate) he is without adequate means of support, of an amount not
exceeding half of the dependant pension which could have been granted to the
spouse under paragraph (i); (Replaced 3 of 1993 s. 63)

        (vi)   (Repealed 3 of 1993 s. 63)

(2) A dependant pension is payable as soon as possible after the death of the
officer and shall be paid in monthly instalments, or less frequently if so
requested by the recipient. (Amended 4 of 1993 s. 34)

(3) A dependant pension-

   (a)  is not payable under subsection (1) at any time in respect of more
        than 6 children, whether or not such children are the first 6 children
        of the officer; (Amended 3 of 1993 s. 63)

   (b)  when granted under subsection (1) ceases-

        (i)    in the case of a child, at the appropriate time provided in
               subsection (4);

        (ii)   in the case of the deceased officer's mother or father, as from
               such date as the Chief Executive may determine if it appears to
               him at any time that the mother or (where appropriate) father
               is adequately provided with other means of support. (Replaced 3
               of 1993 s. 63. Amended 26 of 1999 s. 3)

        (iii)  (Repealed 3 of 1993 s. 63)

(4) A dependant pension granted under subsection (1) to a child of an officer
appointed or reappointed to service under the Government before the day
appointed under subsection (4A) shall, subject to subsection (4B), cease-
(Amended 3 of 1993 s. 63)

   (a)  in the case of a male child, on the earlier of-

        (i)    his attaining the age of 18 years unless at the time he attains
               that age he is receiving full-time education;

        (ii)   the time at which he has since attaining the age of 18 years
               ceased to receive continuous full-time education; but a
               dependant pension that has ceased under this subparagraph may
               be paid again during the period when the full-time education is
               resumed; or

        (iii)  his attaining the age of 23 years; and

   (b)  in the case of a female child, on the earlier of-

        (i)    (where she is married) at the age of 18 years unless at the
               time she attains that age she is receiving full-time education;
               (Replaced 3 of 1993 s. 63)

        (ii)   (where she is not married) at the age of 21 years unless at the
               time she attains that age she is receiving full-time education;
               (Replaced 3 of 1993 s. 63)

        (iii)  the time at which she has since attaining the age of 18 years

(where she is married) or 21 years (where she is not married) ceased to
receive continuous full-time education; but a dependant pension that has
ceased under this subparagraph may be paid again during the period when the
full-time education is resumed; or (Amended 98 of 1994 s. 12)

        (iv)   her attaining the age of 23 years.

(4A) A dependant pension granted under subsection (1) to a child of an officer
appointed or reappointed to service under the Government on or after a day
appointed* by the Secretary for the Civil Service for the purposes of this
subsection by notice in the Gazette shall subject to subsection (4B), cease-

   (a)  at the age of 18 years unless at the time he attains that age he is
        receiving full-time education at any university, college, school or
        other educational establishment; or

   (b)  at the time at which he has since attaining the age of 18 years ceased
        to receive continuous full-time education at any university, college,
        school or other educational establishment: Provided that a pension
        that has ceased under this paragraph may be paid again during the
        period when such full-time education is resumed; or

   (c)  at the age of 23 years, whichever first occurs. (Added 3 of 1993 s.
        63)

(4B) Where a child to whom a dependant pension is granted under subsection (1)
is accepted by the Secretary for the Civil Service as mentally or physically
disabled to such extent that he cannot reasonably be expected to be
financially independent, the pension shall continue to be payable so long as
he remains so disabled. (Added 3 of 1993 s. 63)

(5) For the purposes of subsection (1), "pensionable emoluments" (可供
計算退休金的薪酬) includes pensionable emoluments enjoyed or drawn.

(6) For the purposes of subsections (4) and (4A)- (Amended 3 of 1993 s. 63)

        (a)	"full-time education" (全日制教育) means full-time education at a 
university, college, school or other educational establishment recognized by
the Permanent Secretary for Education; and (Amended 3 of 2003 s. 41; L.N. 130
of 2007)

   (b)  a child on normal university, college, school or other educational
        establishment holidays or awaiting for a normal period for admission
        to a university, college, school or other educational establishment is
        receiving full-time education.

(7) For the purposes of this section-

   (a)  where an officer contracts a marriage and by reason of its form the
        officer is or becomes lawfully married to more than one woman at the
same time, "wife" (妻子) (without prejudice to the definition of "wife" in
section 2) means the woman whom the officer first married; but where a wife
eligible for a dependant pension under this section ceases to be so eligible
and at the same time of the cessation the officer was lawfully married as
mentioned to another wife or other wives the officer shall be deemed for the
purposes of this section to have become a widower at the time of the cessation
and simultaneously to have married the woman who at that time was his wife and
whom he married first after his marriage to the wife who has ceased to be
eligible;

        (aa)	"spouse" (配偶) (without prejudice to paragraph (a) and the 
definition of "spouse" in section 2) in relation to an officer includes any
person who can prove to the satisfaction of the Secretary for the Civil
Service that he or she cohabits with the officer as the officer's spouse;
(Replaced 98 of 1994 s. 12)

        (b)	"child" (子女) (without prejudice to the definition of "child" in 
section 2) means-

        (i)    any child of an officer; or (Replaced 3 of 1993 s. 63)

        (ii)   a child who was wholly or mainly dependent on the deceased
               officer for support, and who had been adopted by the officer
               before the date of the injuries which resulted in the death of
               the officer.

(8) An officer who dies as a result of injuries received while travelling by
any means in pursuance of official instructions or in the course of his duties
shall be deemed for the purposes of subsection (1) to have died in the
circumstances described in paragraphs (a) and (c) of that subsection. (Amended
3 of 1993 s. 63)

(8A) Where a dependant pension is granted under subsection (1) in respect of
an injury which was caused in circumstances creating a legal liability in a
person other than the Government, the Government may take proceedings against
the person to recover an amount not exceeding the commuted lump sum determined
in accordance with section 20A. (Added 98 of 1994 s. 12)

(9) This section does not apply in the case of the death of an officer if his
members of the family, as defined in section 3 of the
Employees' Compensation Ordinance ( Cap 282) or section 2 of the
Pneumoconiosis and Mesothelioma (Compensation) Ordinance ( Cap 360), are
entitled to and have received compensation under either of those Ordinances in
respect of that death. (Amended 52 of 2000 s. 43; 6 of 2008 s. 47) (Enacted
1988)
___________________________________________________________________________
______ Note:

* Appointed day : 5 March 1993-see L.N. 75 of 1993

"pensionable emoluments" (可供計算退休金的薪酬)

"full-time education" (全日制教育)

"wife" (妻子)

"spouse" (配偶)

"child" (子女)