Hong Kong Regulations

AUXILIARY FORCES PAY AND ALLOWANCES (PENSIONS) REGULATION - SECT 6

Dependant pension

(Past version on 28/02/2003).
(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 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 granted by the Chief Executive, in addition
        to a death  gratuity (if any)- (71 of 1999 s. 3)

        (i)    if the deceased member leaves a spouse, a dependant pension to
               the spouse at the rate of one-sixth of his annual pay at the
               date of the injury or $12000 a year, whichever is the greater;
               but the Chief Executive may in his absolute discretion grant a
               dependant pension under this paragraph at a rate not exceeding
               one-fourth of the member's annual pay;

(71 of 1999 s. 3)

        (ii)   if the deceased member 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
               that paragraph;

        (iii)  if the deceased member leaves one or more children, but does
               not leave a spouse or leaves a spouse to whom for whatever
               reason no dependant pension is granted, a dependant pension to
               each child of double the amount determined, as if paragraph
               (ii) had been applicable, under that paragraph; but the
               dependant pension granted to a child or children under this
               paragraph shall not be less than $6000 in total a year where no
               other dependant pension is granted under this section;

        (iv)   if the deceased member leaves one or more children and a spouse
               to whom a dependant pension is granted, and the spouse
               subsequently dies or ceases for any 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
               determined, as if paragraph (ii) had been applicable, under
               that paragraph; but the dependant pension granted to a child or
               children under this paragraph shall not be less than $6000 in
               total a year where no other dependant pension is granted under
               this section;

        (v)    if the deceased member does not leave a spouse, or leaves a
               spouse to whom for whatever reason no dependant pension is
               granted and- (A) if the mother or father of the deceased member
               was wholly or mainly dependant on the deceased member
               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); but (B) if both the
               mother and father of the deceased member are granted a
               dependant pension under subparagraph (A), the dependant pension
               to each of them shall not exceed half of the dependant pension
               which could have been granted to the spouse under paragraph
               (i).

(2) Subject to the approval of the Secretary for Security, a dependant pension
shall be payable as soon as possible after the death of the member and shall
be paid in monthly instalments or less frequently if so requested by the
recipient.

(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 deceased member;

   (b)  when granted under subsection (1) ceases-

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

        (ii)   in the case of the deceased member'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 father, as the case may be,
               is adequately provided with other means of support. (71 of 1999
               s. 3)

(4) Subject to subsection (5), a pension granted under this section to a child
of a deceased member shall cease-

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

   (b)  at the time at which he has since attaining the age of 18 years ceased
        to receive continuous full-time education: 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.

(5) Notwithstanding subsection (4), where a child to whom a dependant pension
is granted under subsection (1) is accepted by the Secretary for Security as
mentally or physically disabled to such extent that he cannot reasonably be
expected to be financially independent, the dependant pension shall continue
to be payable as long as he remains so disabled.

(6) For the purposes of subsection (4)-

        (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 (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) 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.

(8) The Legislative Council may, by resolution, vary in respect of members
dying after a date that 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): but the resolution shall not provide for a decrease in the
minimum dependant pension in relation to members dying before the date of the
resolution.

(9) The recipient of a dependant pension may within 3 months after the
commencement of the payment of the dependant pension, or such longer period at
the Secretary for Security may approve, apply in writing to the Secretary for
Security to commute the dependant pension payable into a lump sum.

(10) The lump sum referred to in subsection (9) shall be computed in
accordance with an actuarial table prepared from time to time by an actuary
appointed by the Chief Executive. (71 of 1999 s. 3)

(11) Where an application is made under subsection (9), any amount paid in
respect of the dependant pension before the commutation shall be deducted form
the lump sum.

(12) The lump sum referred to in subsection (9) may for the purposes of
payment be divided into such number of parts as the Secretary for Security
thinks fit.

"full-time education" (全日制教育)