Hong Kong Ordinances

SURVIVING SPOUSES' AND CHILDREN'S PENSIONS 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-

"agreement" (合約) in relation to an officer means an agreement expressly
providing for the payment of a gratuity dependent upon the length of service
of such officer, or of a monthly pension in lieu of such a gratuity; (Amended
59 of 1982 s. 2)

"appointed day" (指定日期) means the day appointed under section 2A;
(Added 3 of 1993 s. 4)

"authorized increase" (特准增加額) has the same meaning as in the
Pensions  (Increase) Ordinance ( Cap 305); (Added 36 of 1987 s. 37)

"basic pension" (基本退休金) has the same meaning as in the
Pensions (Increase)  Ordinance ( Cap 305); (Added 36 of 1987 s. 37)

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

   (a)  includes-

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

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

   (b)  subject to paragraph (a)(ii) and except as provided in subsection
        (5)(ac), does not include a child of the contributor adopted by
        another person; (Amended 28 of 2004 s. 35)

"children's pension" (子女撫恤金) means a pension granted under
section 5(b);

"contributions" (供款) means contributions made under this Ordinance or the
existing Ordinance, other than contributions made under the existing 
Ordinance to which that Ordinance does not cease to apply under section 26;

"contributor" (供款人) means an officer to whom this Ordinance applies;

"contributory service" (供款服務期) in relation to a public officer means
the total period or periods in respect of which he made contributions
notwithstanding the return of any contributions under section 14(2)(b) or

   (c)  ;

"the deceased" (死者) means a deceased contributor;

"Directors" (委員會) means the Board of Directors established by section 4;

"existing contributor" (現有供款人) means a contributor who first becomes
a contributor before the appointed day and who has not made an election under
section 3A(1); (Added 3 of 1993 s. 4)

"existing Ordinance" (現有條例) means the Widows and Orphans Pension
Ordinance ( Cap 94);

"medical grounds" (健康理由) in relation to the retirement of a
public officer-

   (a)  from service under the Government, means the retirement on medical
        evidence to the satisfaction of the Chief Executive that he is
        incapable by reason of any infirmity of mind or body of discharging
        the duties of his office and that such infirmity is likely to be
        permanent; (Amended 36 of 1987 s. 37; 63 of 1999 s. 3)

   (b)  from other public service, means the circumstances prescribed in the
        law or regulations of the public service in which he was last
        employed, as correspond to the circumstances prescribed in paragraph
        (a); (Amended 36 of 1987 s. 37)

"new contributor"(新供款人) means a contributor who-

   (a)  first becomes a contributor on or after the appointed day; or

   (b)  makes an election under section 3A(3) or (4) to make contributions
        under this Ordinance; (Added 3 of 1993 s. 4)

"public officer" (公職人員) means-

   (a)  at any time before the appointed day, a person who is appointed to or
        reappointed to an established office on terms which attract pension,
        gratuity or other benefits under the Pensions Ordinance ( Cap 89), the
        Pension Benefits Ordinance ( Cap 99) or the
        Pension Benefits (Judicial  Officers) Ordinance ( Cap 401), whether on
        probation or not; and

   (b)  at any time on or before the appointed day,-

        (i)    an officer who is appointed to or reappointed to an
               established  office on terms which attract pension, gratuity or
               other benefits under the Pensions Ordinance ( Cap 89), the
               Pension Benefits Ordinance ( Cap 99) or the
               Pension Benefits (Judicial Officers) Ordinance ( Cap 401),
               whether on probation or not;

        (ii)   an officer who is in service under the Government and who is
               appointed or reappointed to a non-established office otherwise
               than on agreement; (Replaced 3 of 1993 s. 4)

"spouse" (配偶) in relation to a person means, subject to subsection (7),
the person to whom the first mentioned person is, by reason of the form of
marriage contracted, lawfully married and includes-

   (a)  in the case of a Chinese person, his kit fat or tin fong wife;

   (b)  in the case of lawful polygamous marriage, the principal wife
        recognized as such by the personal law of the husband; (Added 3 of
        1993 s. 4)

"surviving spouse" (尚存配偶) in relation to a person, means a person who
was the spouse of the person immediately prior to his death; (Added 3 of 1993
s. 4)

"surviving spouse's pension" (尚存配偶撫恤金) means a pension granted
under section 5(a); (Added 3 of 1993 s. 4)

"transferred" (轉任), in relation to a public officer, means transferred to
or from service under the Government from or to other public service; (Amended
3 of 1993 s. 4)

(2) The expressions "established office" (設定職位), "non-established
office" (非設定職位), " notional highest pensionable emoluments"
(理論上最高可供計算退休金的薪
酬), "other public service" (其他公職、其他公職服務), "pensionable
emoluments" (可供計算退休金
的薪酬), "pensionable service" (可供計算退休金的服務期), "public
service" (公職、公職服務) and

"salary" (薪金) have, in relation to a public officer-

   (a)  in case the Pensions Ordinance ( Cap 89) applies to such officer, the
        meanings assigned to them, respectively, by section 2 of that
        Ordinance and regulation 25 of the Pensions Regulations ( Cap 89 sub.
        leg.);

   (b)  in case the Pension Benefits Ordinance ( Cap 99) so applies, the
        meanings assigned to them, respectively, by section 2 of that
        Ordinance; and (Replaced 36 of 1987 s. 37. Amended 85 of 1988 s. 39)

   (c)  in case the Pension Benefits (Judicial Officers) Ordinance ( Cap  401)
        so applies, the meanings assigned to them, respectively, by section 2
        of that Ordinance. (Added 85 of 1988 s. 39)

(3) (a) The expression "the rate of the pension of the deceased"
(死者退休金的數額) means
the annual rate of the pension of the deceased, calculated in accordance with
paragraph (b), plus any authorized increase, and in the case of a
public officer who retired or transferred to other  public service or ceased
to make contributions under section 3A before attaining the age at which he
would retire, shall include any authorized  increase which the basic pension
would have attracted had the officer attained that age prior to his
retirement, transfer or cessation of contribution, and, in the case of an
officer who transferred or ceased to make contributions, had instead retired.

        (b)	Subject to paragraph (c) and section 7, the expression "the 
annual rate of the pension of the deceased" (死者退休金的每年數額)
in paragraph (a) means a sum calculated at the rate of 1/600 of his annual
pensionable  emoluments, or annual emoluments or annual salary that would have
been pensionable emoluments had he been appointed or re-appointed to an
established office on terms which attract pension, gratuity or other benefits
under the Pensions Ordinance ( Cap 89), the Pension Benefits  Ordinance (
Cap 99) or the Pension Benefits (Judicial Officers) Ordinance ( Cap 401), in
each case at the time of his retirement or transfer from service under the
Government or his death prior to such retirement or his ceasing to make
contributions under section 3A, or his resignation from the service, for the
grant of a deferred pension under the Pension  Benefits Ordinance ( Cap 99) or
the Pension Benefits (Judicial Officers)  Ordinance ( Cap 401), as the case
may be, for each complete month of his contributory service subject to a
maximum of 400 months, and any incomplete month of contributory service shall
be taken to be that fraction of a complete month whereof the denominator is 30
and the numerator the number of days of contributory service in that
incomplete month, irrespective of the actual number of days in that month.
(Amended 85 of 1988 s. 39)

   (c)  Where the deceased had more than one period of contributory
service, the expression "the annual rate of the pension of the deceased"
(死者退休金的每年數額) in paragraph (a) means a sum calculated in
accordance with paragraphs (b) and (d) in respect of each such period of
contributory  service.

   (d)  For the purpose of this subsection, in determining pensionable 
        emoluments of a deceased-

        (i)    where the Pensions Ordinance ( Cap 89) applied to him-
(A) the definition of "pensionable emoluments" in section 2(1) of that
Ordinance; (B) regulation 18 of the Pensions Regulations ( Cap 89 sub. leg.);
(C) the definition of "salary" in regulation 25 of those Regulations; and (D)
the computation of annual salary under regulation 26(2) of those Regulations,
shall apply mutatis mutandis as those provisions apply for the purpose of
computing pension under that Ordinance;

        (ii)   where the Pension Benefits Ordinance ( Cap 99) applied to him,
               section 22 of that Ordinance and regulation 16 of the
               Pension Benefits  Regulations ( Cap 99 sub. leg.) shall apply
               mutatis mutandis as those provisions apply for the purpose of
               computing pension under that Ordinance; and (Replaced 36 of
               1987 s. 37. Amended 85 of 1988 s. 39)

        (iii)  where the Pension Benefits (Judicial Officers) Ordinance ( Cap 
               401) applied to him, section 23 of that Ordinance and
               regulation 16 of the
               Pension Benefits (Judicial Officers) Regulations ( Cap 401 sub.
               leg.) shall apply mutatis mutandis as those provisions apply
               for the purpose of computing pension under that Ordinance.
               (Added 85 of 1988 s. 39)

(3A) The expression "marriage" (婚姻) does not, in relation to any
public officer, include a marriage which takes place after the officer has
ceased to hold public office unless the Directors, in their absolute
discretion and upon application in writing, decide otherwise. (Added 3 of 1993
s. 4)

(4) A reference in this Ordinance to an adopted child of a person shall be
construed as a reference to a child adopted in pursuance of an adoption order
made under the Adoption Ordinance ( Cap 290) or by any adoption recognized as
valid by the law of Hong Kong, and reference to a person by whom any person
has been adopted shall be construed accordingly.

(5) (a) A child of an existing contributor or a contributor who elects under
section 3A(1) to cease to make contributions (whether or not he subsequently
elects under section 3A(3) or (4) that this Ordinance shall apply to him)
shall be deemed for the purposes of this Ordinance to be within the period of
dependency if-

        (i)    in the case of a male- (A) he is under the age of 18 years; or
               (B) he is under the age of 23 years and, subject to paragraph
               (b), has since attaining the age of 18 years continuously
               received and is receiving full-time education at any
               university, college, school or other educational establishment;

        (ii)   in the case of a female, she is- (A) (where she is married)
               under the age of 18 years; (B) (where she is unmarried) under
               the age of 21 years; or (C) under the age of 23 years and,
               subject to paragraph (b) has since attaining the age of 18 or
               21 years continuously received and is receiving full-time
               education at any university, college, school or other
               educational establishment. (Replaced 3 of 1993 s. 4)

   (aa) A child of a new contributor shall be deemed for the purposes of this
        Ordinance to be within the period of dependency if-

        (i)    he is under the age of 18 years; or

        (ii)   he is under the age of 23 years and, subject to paragraph (b)
               has since attaining the age of 18 years continuously received
               and is receiving full-time education at any university,
               college, school or other educational establishment. (Added 3 of
               1993 s. 4)

   (ab) A child of a contributor shall be deemed for the purposes of this
        Ordinance to be within the period of dependency if he is accepted by
        the Directors as mentally or physically disabled to such extent that
        he cannot reasonably be expected to be financially independent and he
        remains thereafter to be so disabled. (Added 3 of 1993 s. 4. Amended
        98 of 1994 s. 2)

   (ac) A child of a contributor who is accepted by the Directors as mentally
        or physically disabled shall be deemed to remain as the child of the
        contributor for the purposes of this Ordinance after he is adopted by
        another person so long as the adoption takes place after the death of
        the contributor. (Added 98 of 1994 s. 2)

   (b)  As respects any circumstances in which the conditions specified in
        paragraph (a)(i)(B), (a)(ii)(B) or (aa)(ii) are not satisfied, the
        Directors may, if they think fit and are satisfied that full-time
        education ought not to be regarded as completed, direct either-

        (i)    that any period or periods shall be ignored for the purposes of
               that paragraph; or

        (ii)   that any period or periods shall be treated as full-time
               education for all or any of the purposes of this Ordinance.
               (Replaced 57 of 1979 s. 2)

(6) Where the marriage of any public officer has been annulled or dissolved by
the decree of any competent court or in any other manner recognized as
effective for that purpose by the law of Hong Kong, this Ordinance shall have
effect in relation to him as if his spouse had died at the date of such decree
or on such other date, as the case may be, when the annulment or dissolution
took effect.

(7) On an application in writing the Directors may in their absolute
discretion determine a person who-

   (a)  cohabits with a contributor or a former contributor as the spouse of
        him; and

   (b)  is financially dependent on such contributor, to be the spouse of such
        contributor for the purposes of this Ordinance
and where the Directors so determine, the references to "spouse" (配偶) in
this Ordinance shall be construed as including references to such person.
(Added 3 of 1993 s. 4) (Amended 3 of 1993 s. 4)

"agreement" (合約)

"appointed day" (指定日期)

"authorized increase" (特准增加額)

"basic pension" (基本退休金)

"child" (子女)

"children's pension" (子女撫恤金)

"contributions" (供款)

"contributor" (供款人)

"contributory service" (供款服務期)

"the deceased" (死者)

"Directors" (委員會)

"existing contributor" (現有供款人)

"existing Ordinance" (現有條例)

"medical grounds" (健康理由)

"new contributor"(新供款人)

"public officer" (公職人員)

"spouse" (配偶)

"surviving spouse" (尚存配偶)

"surviving spouse's pension" (尚存配偶撫恤金)

"transferred" (轉任)

"established office" (設定職位), "non-established office"
(非設定職位), "notional
highest pensionable emoluments"
(理論上最高可供計算退休金的薪酬), " other public service"
(其他公職、其他公職服務), "pensionable emoluments"
(可供計算退休金的薪酬), "pensionable
service" (可供計算退休金的服務期), " public service"
(公職、公職服務) and " salary" (薪金)

"the rate of the pension of the deceased" (死者退休金的數額)

"the annual rate of the pension of the deceased"
(死者退休金的每年數額)

"the annual rate of the pension of the deceased"
(死者退休金的每年數額)

"marriage" (婚姻)

"spouse" (配偶)