Hong Kong Ordinances

PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE - SECT 29

Power not to grant, or to cancel or reduce, pension

(Past version on 30/06/1997).

(1) After taking into consideration the advice of the Judicial Officers
Recommendation Commission, and subject to section 32, a designated officer
may- (Amended 79 of 1995 s. 50)

   (a)  refuse to grant a pension to an officer if it is shown to the
        designated officer that the officer wilfully suppressed facts that are
        material to the grant of a pension; or

   (b)  cancel or reduce a pension granted to an officer if it is shown to the
        designated officer that the pension was obtained by the wilful
        suppression by the officer of facts, or that it was granted in
        ignorance of facts, which were such that had they been known before
        the retirement of the officer the pension would not have been granted
        in full or in part.

(2) After taking into consideration the advice of the Judicial Officers
Recommendation Commission and subject to section 32, a designated  officer
may- (Amended 79 of 1995 s. 50)

   (a)  refuse to grant a pension; or

   (b)  cancel or reduce a pension granted, to an officer to whom
        section 7(1)(a), (b), (k) or (j) applies, if it is shown to the
        designated officer that-

        (i)    the officer retired during any disciplinary proceedings brought
               against him, or resigned from the service to avoid disciplinary
               proceedings; and

        (ii)   had the proceedings been completed or taken place they would in
               the opinion of the Judicial Officers Recommendation Commission
               have led to the dismissal of the officer from the service or
               compulsory retirement in the exercise of disciplinary powers of
               punishment with a reduction of the pension benefits granted to
               him. (Amended 79 of 1995 s. 50)

(3) A cancellation or reduction of pension under subsection (1)(b) or (2)(b)
shall be effective as from a date the designated officer shall determine, and
in the case of a reduction of pension the reduction shall be by an amount, not
exceeding 25% of the pension, as the designated  officer shall determine.

(4) Where a designated officer refuses to grant a pension to a person or
officer, a pension shall not be granted to the person or officer. (Enacted
1988)