Hong Kong Regulations

PENSION BENEFITS (JUDICIAL OFFICERS) REGULATIONS - REGULATION 16

Emoluments to be taken for computing pension benefits

Caution: This is a past version. See the current version here.

(1) Subject to this regulation, for computing the amount of the pension
benefits of an officer, the highest pensionable emoluments enjoyed or drawn by
him in the course of his public service shall be taken into account except
that if, by reason of any order made in any disciplinary proceedings against
an officer, the amount to be taken in accordance with the provisions of this
regulation exceeds the pensionable emoluments enjoyed or drawn by him at the
date of his retirement or resignation, as the case may be, those pensionable
emoluments shall be taken into account.

(2) Where an officer has more than one period of continuous service the
highest pensionable emoluments enjoyed or drawn by him in the course of any
particular period of continuous service only shall be taken into account for
computing the amount of the pension benefits for that period.

(3) Where an officer is serving on trial or on probation in an office
immediately following public service other than on trial or on probation, the
highest pensionable emoluments which the officer would have enjoyed or drawn
in his substantive office shall be taken into account for computing the amount
of the pension benefits in respect of that service.

(4) Notwithstanding subregulation (1), an increase in the pensionable
emoluments of an office held by an officer due to a revision of salaries with
effect from a date subsequent to the commencement of a period of his absence
from duty on leave without salary shall be disregarded for the purposes of
subregulation (1), unless-

   (a)  the officer has, since the expiration of that period of absence and in
        respect of that period of absence (taking the earliest period first if
        there is more than one), completed an equal period of service on duty
        or leave with salary (other than leave immediately preceding
        retirement);

   (b)  the officer retires in one of the cases referred to in section  7
        (1)(d), (g) or (h); or

   (c)  the Governor in any case otherwise directs.

(5) In the case of an officer whose application under section 9(7) is
approved-

   (a)  the highest pensionable emoluments specified in section  23 (1)(b)(i)
        shall be taken into account for computing the pension benefits for the
        period of his service prior to the material date; and

   (b)  the highest pensionable emoluments specified in section  23 (1)(b)(ii)
        shall be taken into account for computing the pension benefits for the
        period of his service from the material date. (4 of 1993 s. 44)

(6) For the purposes of subregulation (5), "material date" (關鍵日期)
means a date to be determined in accordance with the terms of a Circular
issued by the Chief Justice under this regulation. (Enacted 1988) "material
date" (關鍵日期)