Hong Kong Ordinances

PENSIONS ORDINANCE - SECT 16

Pension or allowance may be suspended on certain post-retirement employment

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) The Chief Executive may direct that any pension or allowance granted to a
person shall be suspended as from such date as the Chief Executive shall
specify if such person has, within 2 years after his retirement and without
the prior permission in writing of the Chief Executive-

   (a)  entered business on his own account;

   (b)  become a partner in a partnership;

   (c)  become a director of a company; or

   (d)  become an employee, if the principal part of such business or the
        business of such partnership or company or of his employment is, in
        the opinion of the Chief Executive, carried on in Hong Kong, and such
        direction shall be forthwith notified in writing by the Secretary to
        the person concerned. (Amended 10 of 2005 s. 194)

(2) The Chief Executive may specify a period of more than 2 years for the
purposes of subsection (1) where he thinks fit, and such specification shall
be forthwith notified in writing by the Secretary to the person concerned.
(Amended 10 of 2005 s. 194)

(3) A person who is aggrieved by any direction under subsection (1) or any
specification under subsection (2) may, within 30 days of the notification to
him of the direction or specification or such longer period as the Chief
Executive may in any particular case permit, petition the Chief Executive
against the direction or specification and the Chief Executive may confirm,
vary or reverse the direction or specification as he thinks fit.

(4) Where a person whose pension or allowance has been suspended under
subsection (1) ceases to be engaged in any of the capacities specified in that
subsection, the Chief Executive may, if he is satisfied that the person has so
ceased to be engaged, direct that the pension or allowance shall be restored
to him with retrospective effect as from the date of cesser of the engagement
or any later date as the Chief Executive shall specify, and the pension or
allowance shall be restored accordingly. (Replaced 36 of 1987 s. 36. Amended
63 of 1999 s. 3)