Hong Kong Ordinances

PENSION BENEFITS ORDINANCE - SECT 27

Power not to grant, or to cancel or reduce, pension

(1) Subject to subsection (5) and to section 29A, a designated  officer may-

   (a)  refuse to grant a pension to a person if it be shown to the
        designated officer that the person wilfully suppressed facts that are
        material to the grant of a pension; or

   (b)  cancel or reduce a pension granted to a person if it be shown to the
        designated officer that the pension was obtained by the wilful
        suppression by the person of facts, or that it was granted in
        ignorance of facts, which were such that had they been known before
        the retirement of the person, the pension would not have been granted
        or would only have been granted in part.

(2) Subject to subsection (6) and to section 29A, a designated  officer may-

   (a)  refuse to grant a pension; or

   (b)  cancel or reduce a pension granted, to an officer to whom
        section 11(1)(a), (b), (j) or (k) applies, if it be shown to the
        designated officer that-

        (i)    the officer retired during any disciplinary proceedings brought
               against him by the Government, or resigned from the service to
               avoid such disciplinary proceedings; and

        (ii)   had such proceedings been completed or taken place they
               would,in the opinion of the Public Service Commission, have led
               to the dismissal of the officer from the service or compulsory
               retirement in the exercise of disciplinary powers of punishment
               by the Government with a reduction of the pension benefits
               granted to him.

(3) A cancellation or reduction of pension made by a designated  officer under
subsection (1)(b) or (2)(b) shall be effective as from such date as the
designated officer shall determine, and in the case of a reduction of pension
the reduction shall be by such amount, not exceeding 25% of the pension, as
the designated officer shall determine. (Amended 4 of 1993 s. 24)

(4) Where, under this section, a designated officer refuses to grant a pension
to a person or officer, a pension shall accordingly not be granted to that
person or officer.

(5) Before a designated officer, acting under subsection (1),-

   (a)  refuses to grant a pension; or

   (b)  cancels or reduces a pension granted, to a person other than a person
        who holds or who, immediately before leaving the public service, held
        an office specified in section 6(2) of, or the First Schedule to, the
        Public Service Commission Ordinance ( Cap  93), he shall take into
        consideration the advice of the Public Service  Commission.

(6) In exercising any power under subsection (2) to-

   (a)  refuse to grant a pension; or

   (b)  cancel or reduce a pension granted, to an officer other than an
        officer who holds or who, immediately before leaving the
        public service, held an office specified in section 6(2) of, or the
        First Schedule to, the Public Service Commission Ordinance ( Cap  93),
        a designated officer shall take into consideration the advice of the
        Public Service Commission. (Replaced 86 of 1988 s. 3)