Hong Kong Ordinances

PENSIONS ORDINANCE - SECT 15A

Provisions supplementary to sections 14 and 15

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 63 of 1999 s. 3

(1) For the purposes of section 15(1) and (2), a designated officer may
determine-

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

   (b)  the date from which, subject to subsection (11), a pension, gratuity
        or allowance shall be cancelled, suspended or reduced; and

   (c)  in the case of a reduction in a pension, gratuity or allowance, the
        amount of the reduction not exceeding 25% of the pension, gratuity or
        allowance.

(2) (a) Before a designated officer exercises a power conferred on him by
section 14 or 15, he shall by a communication in writing addressed to the
officer or other person concerned inform him that exercise of such a power in
relation to him is being considered and why such exercise is being considered.

   (b)  The communication referred to in paragraph (a) shall state that,
        within a period specified in the communication (being a period ending
        not earlier than 30 days after the date of the communication) or such
        longer period as the designated officer may allow, the officer or
        other person to whom it is addressed may make representations to the
        designated officer as regards the exercise in relation to him of a
        power conferred on the designated officer by section 14 or 15.

   (c)  A person to whom a communication referred to in paragraph (a) is
        addressed shall notify in writing the designated officer of an
        intention of his to make representations referred to in paragraph (b).

   (d)  The officer or other person to whom a communication referred to in
        paragraph (a) is addressed shall, within the period specified in the
        communication (or such longer period as the designated officer may
        allow), be afforded an opportunity of stating in writing, or having so
        stated on his behalf, why any of the powers conferred by section 14 or
        15 on a designated officer should not be exercised in relation to him.

   (e)  Where-

        (i)    a communication referred to in paragraph (a) is issued; and

        (ii)   the period specified in the communication has expired; and

        (iii)  a notification referred to in paragraph (c) is not received by
               the designated officer from the person to whom the
               communication is addressed; and

        (iv)   an application to extend the period specified in the
               communication is not so received, or where such an application
               is so received, it is disallowed, notwithstanding the absence
               of representations referred to in paragraph

   (b)  , the designated officer may exercise in relation to such person a
        power conferred on such officer by section 14 or 15.

(3) A designated officer shall not exercise a person conferred on him by
section 14 or 15 without having had regard to the submission (if any) made to
him or on behalf of the officer or other person concerned pursuant to this
section.

(4) Where a designated officer exercises a power conferred on him by
section 14 or 15, he shall forthwith notify in writing the officer or other
person concerned.

(5) A person who is aggrieved by a decision of a designated officer made in
the exercise of a power under section 14 or 15 may, within the period of 30
days beginning on the date of the notification of the decision, or such longer
period as the Chief Executive may permit, petition the Chief Executive against
the decision. (Amended 63 of 1999 s. 3)

(6) Where the Chief Executive receives a petition under subsection

(5), he may, by a letter addressed to a member of the panel established by
section 29B of the Pension Benefits Ordinance ( Cap 99) (in this section
referred to as "the Panel"), require the Panel to consider and report to him
on the petition, and where the Chief Executive makes such a requirement-

   (a)  the Panel shall comply with the requirement; and

   (b)  before he determines the petition, the Chief Executive shall have
        regard to the report of the Panel. (Amended 63 of 1999 s. 3)

(7) In determining a petition under subsection (6) the Chief Executive may, as
he thinks fit, confirm, vary or reverse the decision to which the petition
relates. (Amended 63 of 1999 s. 3)

(8) Where a pension, gratuity or allowance is cancelled or suspended in
accordance with a determination under subsection (1), the Chief Executive may
direct that all or any part of the moneys to which the officer or other person
concerned would have been entitled by way of pension, gratuity or allowance
had he not been convicted and sentenced as specified in section 15(1)(a) or
retired as specified in section 15(1)(b) be paid or applied in the same manner
and in all respects as is provided for in section 13(3), and where the Chief
Executive so directs the moneys to which the direction relates shall be paid
or applied in accordance with the direction. (Amended 63 of 1999 s. 3)

(9) Where a person whose pension or allowance has been cancelled or suspended,
or has been reduced, in accordance with a determination under subsection (1)
receives a free pardon, the pension or allowance to which such person would
have been entitled had he not been convicted and sentenced as specified in
section 15(1) shall be restored to him with retrospective effect as from the
date of cancellation, suspension or reduction; but in determining whether any
arrears of such pension or allowance are payable to such person and in
computing the amount thereof account shall be taken of all moneys paid or
applied under subsection (8) or, where a pension or allowance has been
reduced, paid as a reduced pension or allowance.

(10) Where a person whose pension or allowance has been cancelled or
suspended, or has been reduced, in accordance with a determination under
subsection (1), has served any sentence of imprisonment imposed on conviction,
the Chief Executive may direct that the pension or allowance to which such
person would have been entitled had he not been convicted and sentenced as
specified in section 15(1) shall be restored to him as from the date on which
he completes serving the sentence of imprisonment or any later date as the
Chief Executive shall specify in the direction, and where the Chief Executive
so directs, the pension or allowance to which the direction relates shall be
restored in accordance with the direction. (Amended 63 of 1999 s. 3)

(11) Where a designated officer exercises a power conferred on him by
section 14 or 15, the relevant cancellation, suspension or reduction, as the
case may be, shall not come into operation-

   (a)  in case no petition is brought under subsection (5) as regards the
        exercise, until the time for bringing such petition has expired; or

   (b)  in case such a petition is brought, before the petition is either
        determined or withdrawn. (Added 86 of 1988 s. 8)