Hong Kong Ordinances

PENSION BENEFITS ORDINANCE - SECT 19

Dependant pension

(Past version on 01/07/2007).
(Past version on 28/02/2003).
(Past version on 01/08/2000).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

For the saving and transitional provisions relating to the amendments made by
the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph
(12) of that Resolution.

(1) Subject to subsection (3), where an officer dies as a result of injuries
received-

   (a)  in the actual discharge of his duty;

   (b)  not due to his own serious and wilful misconduct; and (Replaced 3 of
        1993 s. 48)

   (c)  on account of circumstances specifically attributable to the nature of
        his duty, while in service under the Government, the Chief Executive
        shall grant, in addition to a death gratuity (if any)- (Amended 63 of
        1999 s. 3)

        (i)    if the officer leaves a spouse, a dependant pension to the
               spouse at a rate of one-sixth of the officer's annual
               pensionable  emoluments at the date of the injury or $12000 a
               year, whichever is the greater: (Amended 3 of 1993 s. 48; 4 of
               1993 s. 21) Provided that the Chief Executive may, in his
               discretion, grant a dependant pension under this paragraph at a
               rate not exceeding one-fourth of such pensionable emoluments;
               (Amended 63 of 1999 s. 3)

        (ii)   if the deceased officer leaves a spouse to whom a dependant 
               pension is granted under paragraph (i) and one or more
               children, a dependant pension to each child of an amount of
               one-eighth of the dependant pension granted in accordance with
               paragraph (i); (Amended 4 of 1993 s. 21)

        (iii)  if the deceased officer leaves one or more children, but does
               not leave a spouse or leaves a spouse to whom no
               dependant pension is granted, a dependant pension to each child
               of double the amount in accordance with paragraph (ii):
               Provided that the dependant pension granted to a child or
               children under this paragraph shall be not less than $6000 a
               year where no other dependant pension is granted under this
               section;

        (iv)   if the deceased officer leaves one or more children and a
               spouse to whom a dependant pension is granted, and the spouse
               subsequently dies or ceases for any other reason to receive the
               dependant pension, a dependant pension to each child as from
               the date of the death of the spouse, or the date on which a
               dependant pension to the spouse ceases, of double the amount in
               accordance with paragraph (ii): (Amended 3 of 1993 s. 48)
               Provided that the dependant pension granted to a child or
               children under this paragraph shall be not less than $6000 a
               year where no other dependant pension is granted under this
               section;

        (v)    if the deceased officer does not leave a spouse, or leaves a
               spouse to whom no dependant pension is granted, and if- (A) the
               mother or father of the deceased officer was wholly or mainly
               dependent on the officer financially, a dependant pension to
               the mother or father, while she or he is without adequate means
               of support, of an amount not exceeding the dependant pension
               which could have been granted to the spouse under paragraph
               (i); and (B) both his mother and father were wholly or mainly
               dependent on the officer financially, a dependant pension to
               each of them, while she or

(where appropriate) he is without adequate means of support, of an amount not
exceeding half of the dependant pension which could have been granted to the
spouse under paragraph (i); (Replaced 3 of 1993 s. 48)

        (vi)   (Repealed 3 of 1993 s. 48)

(2) A dependant pension shall be payable as soon as possible after the death
of the officer and shall be paid in monthly instalments, or less frequently if
so requested by the recipient. (Amended 4 of 1993 s. 21)

(3) A dependant pension-

   (a)  shall not be payable under subsection (1) at any time in respect of
        more than 6 children, whether or not such children are the first 6
        children of the officer; (Amended 3 of 1993 s. 48)

   (b)  when granted under subsection (1) shall cease-

        (i)    in the case of a child, at the appropriate time provided in
               subsection (4);

        (ii)   in the case of the deceased officer's mother or father, as from
               such date as the Chief Executive may determine if it appears to
               him at any time that the mother or (where appropriate) father
               is adequately provided with other means of support. (Replaced 3
               of 1993 s. 48. Amended 63 of 1999 s. 3)

        (iii)  (Repealed 3 of 1993 s. 48)

(4) A dependant pension granted under subsection (1) to a child of an officer
appointed or reappointed to service under the Government before the day
appointed under subsection (4A) shall, subject to subsection (4B), cease-
(Amended 3 of 1993 s. 48)

   (a)  in the case of a male child-

        (i)    at the age of 18 years unless at the time he attains that age
               he is receiving full-time education;

        (ii)   at the time at which he has since attaining the age of 18 years
               ceased to receive continuous full-time education: Provided that
               a dependant pension that has ceased under this subparagraph may
               be paid again during the period when the full-time education is
               resumed; or

        (iii)  at the age of 23 years, whichever first occurs;

   (b)  in the case of a female child-

        (i)    (where she is married) at the age of 18 years unless at the
               time she attains that age she is receiving full-time education;
               (Replaced 3 of 1993 s. 48)

        (ii)   (where she is not married) at the age of 21 years unless at the
               time she attains that age she is receiving full-time education;
               (Replaced 3 of 1993 s. 48)

        (iii)  at the time at which she has since attaining the age of 18
               years (where she is married) or 21 years (where she is not
               married) ceased to receive continuous full-time education:
               (Amended 98 of 1994 s. 10) Provided that a dependant pension
               that has ceased under this subparagraph may be paid again
               during the period when the full-time education is resumed; or

        (iv)   at the age of 23 years, whichever first occurs.

(4A) A dependant pension granted under subsection (1) to a child of an officer
appointed or reappointed to service under the Government on or after a day
appointed* by the Secretary for the Civil Service for the purposes of this
subsection by notice in the Gazette shall, subject to subsection (4B), cease-

   (a)  at the age of 18 years unless at the time he attains that age he is
        receiving full-time education at any university, college, school or
        other educational establishment; or

   (b)  at the time at which he has since attaining the age of 18 years ceased
        to receive continuous full-time education at any university, college,
        school or other educational establishment: Provided that a pension
        that has ceased under this paragraph may be paid again during the
        period when such full-time education is resumed; or

   (c)  at the age of 23 years, whichever first occurs. (Added 3 of 1993 s.
        48)

(4B) Where a child to whom a dependant pension is granted under subsection (1)
is accepted by the Secretary for the Civil Service as mentally or physically
disabled to such extent that he cannot reasonably be expected to be
financially independent, the pension shall continue to be payable so long as
he remains so disabled. (Added 3 of 1993 s. 48)

(5) For the purposes of subsection (1), "pensionable emoluments" (可供
計算退休金的薪酬) includes pensionable emoluments enjoyed or drawn.

(6) For the purposes of subsections (4) and (4A)- (Amended 3 of 1993 s. 48)

        (a)	"full-time education" (全日制教育) means full-time education at any 
university, college, school or other educational establishment recognized as
such by the Permanent Secretary for Education; and (Amended 3 of 2003 s. 41;
L.N. 130 of 2007)

   (b)  a child on normal university, college, school or other educational
        establishment holidays or awaiting for a normal period for admission
        to a university, college, school or other educational establishment is
        receiving full-time education.

(7) For the purposes of this section-

   (a)  where an officer contracts a marriage and by reason of the form
        thereof the officer is or becomes lawfully married to more than one
woman at the same time, "wife" (妻子) (without prejudice to the definition
of "wife" in section 2) means the woman whom such officer first married:
Provided that in the event of any wife eligible for a dependant pension under
this section ceasing to be so eligible and at the same time of such cessation
the officer was lawfully married as aforesaid to another wife or other wives
the officer shall be deemed for the purposes of this section to have become a
widower at the time of such cessation and simultaneously to have married the
woman who at such time was his wife and whom he married first after his
marriage to the wife who has ceased to be eligible as aforesaid;

        (aa)	"spouse" (配偶) (without prejudice to paragraph (a) and the 
definition of "spouse" in section 2) in relation to an officer includes any
person who can prove to the satisfaction of the Secretary for the Civil
Service that he or she cohabits with the officer as the officer's spouse;
(Replaced 98 of 1994 s. 10)

        (b)	"child" (子女) (without prejudice to the definition of "child" in 
section 2) means-

        (i)    any child of an officer; or (Replaced 3 of 1993 s. 48)

        (ii)   a child who was wholly or mainly dependent upon the deceased
               officer for support, and who had been adopted by the officer
               before the date of the injuries which resulted in the death of
               the officer.

(8) An officer who dies as a result of injuries received while travelling by
any means in pursuance of official instructions or in the course of his duties
shall be deemed for the purposes of subsection (1) to have died in the
circumstances described in paragraphs (a) and (c) of that subsection. (Amended
3 of 1993 s. 48)

(8A) Where a dependant pension is granted under subsection (1) in respect of
an injury which was caused in circumstances creating a legal liability in a
person other than the Government, the Government may take proceedings against
the person to recover an amount not exceeding the commuted lump sum determined
in accordance with section 19A. (Added 98 of 1994 s. 10)

(9) This section shall not apply in the case of the death of any officer if
his members of the family, as defined in section 3 of the
Employees' Compensation Ordinance ( Cap 282) or section 2 of the
Pneumoconiosis and Mesothelioma (Compensation) Ordinance ( Cap 360), are
entitled to and have received compensation under any of those Ordinances in
respect of such death. (Amended 52 of 2000 s. 31; 6 of 2008 s. 42)

(10) The Legislative Council may, by resolution, vary in respect of officers
dying after such date as may be specified in the resolution, the sum of $12000
specified in subsection (1)(i) and the sum of $6000 specified in subsection
(1)(iii) and (iv): Provided that no such resolution may provide for a decrease
in the minimum dependant pension in relation to officers dying before the date
of the resolution. (Enacted 1987)
___________________________________________________________________________
______________ Note:

* Appointed day: 5 March 1993-see L.N. 74 of 1993

"pensionable emoluments" (可供計算退休金的薪酬)

"full-time education" (全日制教育)

"wife" (妻子)

"spouse" (配偶)

"child" (子女)