Hong Kong Ordinances

PENSIONS ORDINANCE - SECT 12

Pensions etc. not to be assignable

(1) Save as otherwise provided by the Public Officers (Assignment 
of Emoluments) Ordinance ( Cap 363), a pension (including a deferred pension),
gratuity or other allowance granted under this Ordinance shall not be
assignable or transferable except for the purpose of-

   (a)  satisfying (either in whole or in part) a debt due to the Government;
        or

   (b)  satisfying an order of any court for the payment of money towards the
        maintenance of the spouse or former spouse or minor child of the
        officer to whom such pension gratuity or other allowance was granted,
        and no such pension, gratuity or other allowance shall be liable to be
        attached, sequestered or levied upon for or in respect of any claim or
        debt other than a debt due to the Government.

(2) (a) Where any person to whom a pension (including a deferred pension),
gratuity or other allowance is granted under this  Ordinance owes a debt to
the Government, subject to paragraph (b), the Director of Accounting Services
may apply that pension, gratuity or other allowance, either in whole or in
part, for the satisfaction, or partial satisfaction, of the debt.

   (b)  Where-

        (i)    a person owes a debt to the Government arising otherwise than
               on account of tax payable under the Inland Revenue Ordinance (
               Cap 112); and

        (ii)   the person has not consented to the exercise, in relation to a
               pension (including a deferred pension), gratuity of other
               allowance so granted to him, of the power conferred on the
               Director of Accounting Services by this subsection, the amount
               applied in such exercise shall not, as regards a particular
               such pension, gratuity or other allowance, exceed an amount
               equal to 25% thereof.

(3) Each of the references in this section either to a deferred or other
pension or to an allowance (other than a gratuity) shall be construed as
including a reference to any increase in the pension or allowance which is for
the time being authorized under section 4 of the Pension (Increase) Ordinance
( Cap 305). (Replaced 61 of 1988 s. 8(1))