Hong Kong Regulations

AUXILIARY FORCES PAY AND ALLOWANCES (PENSIONS) REGULATION - SECT 5

Death gratuity

(Past version on 30/06/1997).

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

(1) Where a member dies as a result of any injury received-

   (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, there shall be paid a death gratuity of an amount calculated
        in accordance with subsection (2).

(2) A death gratuity payable under subsection (1) in respect of the death of a
member shall be an amount equal to his annual pay at the date of his death.

(3) A death gratuity shall be paid as soon as possible after the death of the
member to-

   (a)  where he has nominated his spouse under subsection (5) to be the
        recipient of the death gratuity, his spouse;

   (b)  where there is no such nomination, his legal personal representative,
        and shall form part of the estate of the member for the purposes of
        distribution but no estate duty shall be payable in respect of the
        death gratuity and its addition to the principal value of the estate
        shall not be taken in consideration for the purpose of increasing the
        rate at which estate duty on the remainder of the estate may be
        payable; or

   (c)  where the death gratuity does not exceed such amount as may be
        determined by the Chief Executive, a person named by the Chief
        Executive to be the recipient. (71 of 1999 s. 3)

(4) A member who dies as a result of any injury 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
circumstances described in paragraphs (a) and (c) of that subsection.

(5) A member may by notice in writing to the Secretary for Security nominate
his spouse to be the recipient of the death gratuity payable under this
section in respect of his death.

(6) A member who makes a nomination under subsection (5) may at any time
revoke the nomination by notice in writing to the Secretary for Security.