Hong Kong Ordinances

PENSIONS ORDINANCE - SECT 3

Pension regulations

(Past version on 30/06/1997).

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

(1) Pensions, gratuities and other allowances shall be granted by the Chief
Executive in accordance with the regulations under this  Ordinance to officers
who have been in the service under the Government and to the dependants of
such persons where such service is terminated by death: Provided that where a
pension, gratuity or other allowance is expressed to be grantable by the Chief
Executive in Council such pension, gratuity or other allowance shall be
granted only by the Chief Executive in Council. The said regulations may from
time to time be amended, added to, or revoked by regulations made by the Chief
Executive in Council, and all regulations so made shall be published in the
Gazette and laid before the Legislative Council. (Amended 36 of 1987 s. 36; 63
of 1999 s. 3)

(2) The expression "this Ordinance" (本條例) shall, wherever it occurs in
this Ordinance, be construed as including a reference to the regulations made
thereunder.

(3) Whenever the Chief Executive in Council is satisfied that it is equitable
that any regulation made under this section should have retrospective effect
in order to confer a benefit upon or remove a disability attaching to any
person that regulation may be given retrospective effect for that purpose:
(Amended 63 of 1999 s. 3) Provided that no such regulation shall have
retrospective effect unless it has received the prior approval of the
Legislative Council signified by resolution.

(4) Any pension, additional pension, gratuity or ex gratia payment granted to
an officer under this Ordinance shall be computed in accordance with the
provisions relating to such officer which are in force at the actual date of
his retirement, death or injury, as the case may be. (Replaced 98 of 1994 s.
4)

(5) Subsection (4), as enacted by section 4 of the Pensions Ordinances
(Miscellaneous Amendments) Ordinance 1994 (98 of 1994), is deemed to have come
into operation on 1 February 1993. (Added 98 of 1994 s. 4)

"this Ordinance" (本條例)