Hong Kong Ordinances

PENSIONS ORDINANCE - SECT 19

Grant of benefits in respect of service while on abnormal duty

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 76 of 1999 s. 3

(1) Where an officer is serving-

   (a)  (Repealed 20 of 1997 s. 25)

   (b)  as a member of the Hong Kong Auxiliary Police Force under the
        Hong Kong Auxiliary Police Force Ordinance ( Cap 233); (Amended L.N.
        362 of 1997; 76 of 1999 s. 3)

   (c)  as an auxiliary member of the Government Flying Service under the
        Government Flying Service Ordinance ( Cap 322); (Replaced 54 of 1992
        s. 19)

   (d)  as a member of the Essential Services Corps under the Essential 
        Services Corps Ordinance ( Cap 197);

   (e)  as a member of the Auxiliary Medical Service under the
        Auxiliary Medical Service Ordinance ( Cap 517); or (Added 57 of 1997
        s. 34)

   (f)  as a member of the Civil Aid Service under the Civil Aid 
        Service Ordinance ( Cap 518), (Added 58 of 1997 s. 34) and is injured
        in circumstances in which a pension, gratuity or other award is
        grantable in respect of that service, a pension, gratuity or other
        award may at the option of the officer be granted-

        (i)    under regulation 31 of the Pensions Regulations ( Cap 89 sub.
               leg.), unless regulation 31(6) applies, in like manner as if
               his service had been public service under the Government and as
               if he had been injured in the like circumstances while in
               service; or

        (ii)   under any Ordinance mentioned in paragraph (b), (c), (d), (e)
               or (f) that is applicable if he is injured before the date of
               the commencement* of the Auxiliary Forces Pensions
               (Miscellaneous Amendments) Ordinance 1997 (20 of 1997) or under
               the Auxiliary Forces Pay and  Allowances Ordinance ( Cap 254)
               if he is injured on or after the date of the commencement of
               the Auxiliary Forces Pensions (Miscellaneous Amendments)
               Ordinance 1997 (20 of 1997).

(2) Where an officer is serving-

   (a)  (Repealed 20 of 1997 s. 25)

   (b)  as a member of the Hong Kong Auxiliary Police Force under the
        Hong Kong Auxiliary Police Force Ordinance ( Cap 233); (Amended L.N.
        362 of 1997; 76 of 1999 s. 3)

   (c)  as an auxiliary member of the Government Flying Service under the
        Government Flying Service Ordinance ( Cap 322); (Replaced 54 of 1992
        s. 19)

   (d)  as a member of the Essential Services Corps under the Essential 
        Services Corps Ordinance ( Cap 197);

   (e)  as a member of the Auxiliary Medical Service under the
        Auxiliary Medical Service Ordinance ( Cap 517); or (Added 57 of 1997
        s. 34)

   (f)  as a member of the Civil Aid Service under the Civil Aid 
        Service Ordinance ( Cap 518), (Added 58 of 1997 s. 34) and dies in
        circumstances in which a pension, gratuity or other award is grantable
        in respect of that service, his beneficiaries shall be granted a
        pension, gratuity or other award-

        (i)    under section 18, unless section 18(6) applies, in like manner
               as if his service had been public service under the Government
               and as if he had died in the like circumstances while in
               service; or

        (ii)   under any Ordinance mentioned in paragraph (b), (c), (d), (e)
               or (f) that is applicable if he is injured before the date of
               the commencement* of the Auxiliary Forces Pensions
               (Miscellaneous Amendments) Ordinance 1997 (20 of 1997) or under
               the Auxiliary Forces Pay and  Allowances Ordinance ( Cap 254)
               if he is injured on or after the date of the commencement of
               the Auxiliary Forces Pensions (Miscellaneous Amendments)
               Ordinance 1997 (20 of 1997), as directed by the Director of
               Accounting Services on the basis of his judgment as to which of
               paragraphs (i) or (ii) is more beneficial to the beneficiaries
               as a whole.

(3) If under the appropriate Ordinance applicable to the Hong Kong Auxiliary
Police Force, the Government Flying Service, the Essential Services Corps, the
Auxiliary Medical Service or the Civil Aid Service a pension, gratuity or
other award may be granted in respect of injury or death during training or
instruction or other form of service, then the
expression "service" (服務) in subsections (1) and (2) includes training,
instruction or other form of service in the Force, Service or Corps, as the
case may be. (Amended 54 of 1992 s. 19; L.N. 362 of 1997) (Replaced 4 of 1993
s. 11. Amended 20 of 1997 ss. 3 & 25; 57 of 1997 s. 34; 58 of 1997 s. 34)
___________________________________________________________________ Notes: 1.
The operation of this provision is affected by the savings provision contained
in section 23(2) of 20 of 1997, which section is reproduced below- "(2)
Notwithstanding the repeal of the Royal Hong Kong Regiment Ordinance (
Cap 199) and the amendment of the Ordinances listed in the Schedule affected
by this Ordinance, the amended provisions in the Pensions Ordinance ( Cap 89),
the Pension Benefits Ordinance ( Cap 99) and the
Pension Benefits (Judicial Officers) Ordinance ( Cap 401) shall continue to
apply to a former officer or member of the Royal Hong Kong Regiment, or his
dependants, as if they have not been amended.".

2. The operation of this provision is affected by the saving provisions
contained in section 33(2) of Cap 517 and Cap 518.

* Commencement date: 9 May 1997.

"service" (服務)