Hong Kong Ordinances

PENSION BENEFITS ORDINANCE - SECT 30

Pension may be suspended on certain post-retirement employment

(Past version on 30/06/1997).

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

(1) The Chief Executive may direct that any pension granted to a person shall
be suspended as from such date as the Chief Executive shall specify if such
person has, within 2 years after his retirement and without the prior
permission in writing of the Chief Executive-

   (a)  entered business on his own account;

   (b)  become a partner in a partnership;

   (c)  become a director of a company; or

   (d)  become an employee, if the principal part of such business or the
        business of such partnership or company or of his employment is, in
        the opinion of the Chief Executive, carried on in Hong Kong, and such
        direction shall be forthwith notified in writing by the Secretary for
        the Civil Service to the person concerned.

(2) The Chief Executive may specify a period of more than 2 years for the
purposes of subsection (1) where he thinks fit, and such specification shall
be forthwith notified in writing by the Secretary for the Civil Service to the
person concerned.

(3) A person who is aggrieved by any direction under subsection (1) or any
specification under subsection (2) may, within 30 days of the notification to
him of the direction or specification or such longer period as the Chief
Executive may in any particular case permit, petition the Chief Executive
against the direction or specification and the Chief Executive may confirm,
vary or reverse the direction or specification as he thinks fit.

(4) Where a person whose pension has been suspended under subsection (1)
ceases to be engaged in any of the capacities specified in that subsection,
the Chief Executive may, if he is satisfied that the person has so ceased to
be engaged, direct that the pension shall be restored to him with
retrospective effect as from the date of cesser of the engagement or any later
date as the Chief Executive shall specify, and the pension shall be restored
accordingly. (Enacted 1987. Amended 63 of 1999 s. 3)