Hong Kong Ordinances

PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE - SECT 31

Pension benefits may be cancelled, suspended or reduced on conviction, etc.

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 26 of 1999 s. 3

(1) Where an officer to whom a pension has been granted-

   (a)  is convicted of an offence in connection with public service under the
        Government, and that offence is certified by the Chief Executive to
        have been gravely injurious to Hong Kong or to be liable to lead to
        serious loss of confidence in the public service; (Amended 26 of 1999
        s. 3)

   (b)  is convicted of an offence under Part II of the Prevention of 
        Bribery Ordinance ( Cap 201), and that offence is related to the
        person's previous public service under the Government; or

   (c)  is convicted of treason under section 2 of the Crimes Ordinance (
        Cap 200), the pension may be cancelled, suspended or reduced.

(2) If after the retirement of an officer in circumstances in which he is
eligible for pension benefits but before the pension benefits are granted he
is convicted as specified in subsection (1), and sentenced, any
pension benefits eventually granted to him may be cancelled, suspended or
reduced.

(3) Where an officer is compulsorily retired in the exercise of disciplinary
powers following a conviction of any offence referred to in subsection (1),
the deferred pension which may be granted to him may be cancelled, suspended
or reduced, or he may not be granted a deferred  pension.

(4) For the purposes of subsections (1), (2) and (3), a designated  officer
may, subject to section 32, determine-

   (a)  whether pension benefits shall be cancelled, suspended or reduced, or
        shall not be granted, as the case may be;

   (b)  the date from which pension benefits shall be cancelled, suspended or
        reduced; and

   (c)  in the case of a reduction in pension benefits, the amount of the
        reduction not exceeding 25% of the pension benefits. (Enacted 1988)