Hong Kong Regulations

AUXILIARY FORCES PAY AND ALLOWANCES (PENSIONS) REGULATION - SECT 3

Injury pension

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 71 of 1999 s. 3

(1) Where a member is permanently injured-

   (a)  in the actual discharge of his duty;

   (b)  without his own serious and wilful misconduct; and

   (c)  on account of circumstances specifically attributable to the nature of
        his duty, and termination of his service is thereby necessitated or
        materially accelerated, he shall be granted by the Chief Executive an
        injury pension at the annual rate of the proportion of his annual pay
        at the date of his injury which is in direct proportion to the
        percentage of permanent impairment to his capacity to contribute to
        his own support as a result of his injury. (71 of 1999 s. 3)

(2) The percentage of permanent impairment referred to in subsection (1) shall
be assessed by a medical board appointed by the Secretary for Security.

(3) If there is any subsequent variation in the degree of impairment, the rate
at which the injury pension has been granted may be reassessed by the medical
board.

(4) Where the Secretary for Security has decided the composition of the
medical board, he shall as soon as may be cause to be published in the Gazette
a notice giving particulars including the names, addresses and occupations of
the members of the medical board.

(5) A member who is permanently injured 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 been so injured in the
circumstances described in paragraphs (a) and (c) of that subsection.

(6) Subject to the approval of the Secretary for Security, an injury pension
granted under subsection (1) shall be payable as soon as possible after the
termination of service of the member and shall be paid in monthly instalments
or less frequently if so requested by the member.

(7) Notwithstanding subsection (6), where a member is granted a pension under
the Pensions Ordinance ( Cap 89), the Pension Benefits  Ordinance ( Cap 99) or
the Pension Benefits (Judicial Officers) Ordinance ( Cap 401), an injury
pension granted under subsection (1) shall be payable when the pension is paid
to him.