Hong Kong Ordinances

PENSIONS ORDINANCE - SECT 9

Maximum pension

(Past version on 30/06/1997).

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

(1) Except in cases referred to in subsection (2), a pension (or in the case
of more than one pension, the total of the pensions) granted to an officer
under this Ordinance shall not exceed two-thirds of-

   (a)  the highest pensionable emoluments enjoyed or drawn by him; or

   (b)  the notional highest pensionable emoluments deemed to have been
        enjoyed or drawn by him in the course of his service under the
        Government, whichever is the greater. (Replaced 36 of 1987 s. 36)

(2) An officer who shall have been granted a pension in respect of
other public service shall not at any time draw from the general revenue an
amount of pension which, when added to the amount of any pension or pensions
drawn in respect of other public service, exceeds two-thirds of the
highest pensionable emoluments enjoyed or drawn by him at any time in the
course of his public service: (Amended 26 of 1982 s. 4 w.e.f. 30 May 1980; 36
of 1987 s. 36) Provided that where an officer receives in respect of some
period of public service both a gratuity and a pension, the amount of such
pension shall be deemed for the purpose of this subsection to be-

   (a)  where the right to commute any part of a pension in return for payment
        of a gratuity has been exercised, the amount if that right had not
        been exercised; or

   (b)  in all other cases, four-thirds of its actual amount. (Amended 13 of
        1962 s. 4)

(3) Where the limitation prescribed by subsection (2) operates, the amount of
the pensions to be drawn from the general revenue shall be subject to the
approval of the Chief Executive and determined with due regard to the amount
of any pension or pensions to be drawn in respect of other public service.
(Amended 36 of 1987 s. 36; 63 of 1999 s. 3)

(4) An additional pension granted to an officer under regulation 31 of the
Pensions Regulations ( Cap 89 sub. leg.) in respect of injury shall not be
taken into account for the purpose of subsections (1), (2) and (3); but where
the officer is granted any such additional pension, the amount thereof
together with any authorized increase on the additional pension from the date
of the injury to the date when the additional pension is paid for the first
time and any other pension or pensions granted to him shall not exceed
five-sixths of-

   (a)  the highest pensionable emoluments enjoyed or drawn by him; or

   (b)  the notional highest pensionable emoluments deemed to have been
        enjoyed or drawn by him in the course of his service, whichever is the
        greater. (Replaced 36 of 1987 s. 36)

(5) For the purposes of subsections (1), (2) and (4), in determining the
highest pensionable emoluments enjoyed by an officer in respect of a period of
absence from duty on leave without salary, regard shall only be had to the
pensionable emoluments that an officer would have enjoyed if he had been on
duty on full pensionable emoluments where-

        (i)    the officer has since expiration of that period of absence,

(taking the earliest period first if there is more than one) completed an
equal period of service on duty or leave with salary (other than leave
immediately preceding retirement); or

        (ii)   the officer retires in one of the cases referred to section  6
               (1)(c), (d) or (e); or (Amended 80 of 1997 s. 102)

        (iii)  the Chief Executive in any case so directs. (Added 26 of 1982
               s. 4. Amended 63 of 1999 s. 3)