Hong Kong Regulations

PENSION BENEFITS (JUDICIAL OFFICERS) REGULATIONS - REGULATION 15

Military service to count for pension benefits

(1) Where an officer has served with Her Majesty's Forces in time of war and
before so serving was employed in public service the following provisions
apply-

   (a)  during the period of that service with Her Majesty's Forces, including
        any period after the termination of the war, (in this regulation
        referred to as military service), he shall be deemed for the purposes
        of the Ordinance and these regulations to have been on
        leave on full salary from the public service in which he was last
        employed, and to have held the substantive office last held by him in
        that service prior to his military service;

   (b)  during any period between his leaving public service for the purpose
        of serving with Her Majesty's Forces and the date of his commencing
        military service he shall, for the purposes of the Ordinance and these
        regulations, be deemed to be on leave without salary, not granted on
        grounds of public policy, from the public service in which he was last
        employed and to have held the substantive office last held by him in
        that service prior to his military service; and during any period
        between the termination of his military service and the date of his
        re-entering the public service he shall, for those purposes, be deemed
        to be on leave from public service and to have held the substantive
        office in which he is re-employed.

(2) This regulation does not apply when either period mentioned in
subregulation (1)(b) exceeds 3 months, or a longer period that the Governor
may in any special case determine; or if the officer fails after his military
service to re-enter the public service otherwise than in circumstances in
which he would be permitted under the law applicable to the public service in
which he is last employed prior to his military service to retire on pension
or gratuity, those circumstances arising not later than the expiration of 3
months, or a longer period as may be determined by the Governor, after the
termination of his military service.

(3) This regulation does not apply where an officer commenced his military
service without the approval of the Governor of the territory in the service
of which he was last employed before so serving.

(4) If during any period mentioned in subregulation (1)(a) the officer
qualified for pension, or received emoluments in lieu of pension rights, in
respect of his military service, subregulation (1)(a) shall, as respects that
period, have effect as if the words "leave without salary, not granted on
grounds of public policy," were substituted for the words

"leave on full salary".

(5) If during his military service the officer was injured or killed, he shall
not for the purposes of any provision of the Ordinance and these regulations
relating to injury or death awards, be deemed to have been injured or killed
in the discharge of his duty.

(6) The provisions of this regulation which deem an officer to have held a
specified office and to have been on leave from a specified service do not
apply in respect of any period during which he held any other substantive
office and was on leave from any public service.

(7) Except where in any particular case the Governor otherwise directs, this
regulation does not apply where the office in the public service last held by
the officer prior to his military service was not an established office.

(8) This regulation does not apply to an officer who has received a pension or
gratuity during a period of his military service in respect of public service
prior to joining the military service. (Enacted 1988)