Hong Kong Regulations

PENSIONS REGULATIONS - REGULATION 31

Officers retiring on account of injuries

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

Adaptation amendments retroactively made - see 63 of 1999 s. 3 PART VI

SUPPLEMENTARY

(1) If an officer holding an established office in which he has been confirmed
is permanently injured-

   (a)  in the actual discharge of his duty; and

   (b)  not due to his own serious and wilful misconduct; and (3 of 1993 s.
        34)

   (c)  on account of circumstances specifically attributable to the nature of
        his duty, he may-

        (i)    if his retirement is thereby necessitated or materially
               accelerated and he has been in the public service for less than
               10 years, be granted, in lieu of any gratuity under regulation
               5 or 12, a pension under regulation 4, 9, 10 or 11, as the case
               may be, as if the words "for 10 years or more" were omitted
               from the said regulation 4;

        (ii)   if he is so injured on or after 1 February 1993 while in the
               service under the Government and as a result of such injury his
               capacity to contribute to his own support thereby becomes
               impaired at or after his retirement, be granted an additional
               pension at the annual rate of the proportion of his actual
               pensionable emoluments at the date of his injury in direct
               proportion to the percentage of permanent incapacity suffered
               by him, and such additional pension shall be payable- (A) where
               he suffers incapacity before his retirement, with effect from
               the date of his retirement; (B) where he suffers incapacity
               after his retirement, with effect from the date on which such
               incapacity is determined in accordance with paragraph (1A);

        (iii)  if he is so injured before 1 February 1993 while in the service
               under the Government, be granted on retirement an additional
               pension at the annual rate of the proportion of his actual
               pensionable  emoluments at the date of his injury appropriate
               to his case as shown in the table in this paragraph;

        (iv)   if he is so injured before 1 February 1993 while in the service
               under the Government and his capacity to contribute to his own
               support thereby becomes impaired after his retirement, be
               granted from the time such impairment is established an
               additional pension at the annual rate of the proportion of his
               actual pensionable emoluments at the date of his injury
               appropriate to his case as shown in the table in this
               paragraph.

TABLE

When the officer's capacity to contribute to his own support is-

   (a)  slightly impaired
        .....................................................................
        50/600

   (b)  impaired
        ...........................................................................
        ..... 100/600

   (c)  materially impaired
        .................................................................
        150/600

   (d)  totally destroyed
        .....................................................................
        200/600

(98 of 1994 s. 14) Provided that the amount of the additional pension may be
reduced to such an extent as the Chief Executive shall think reasonable where
the injury is not the cause or the sole cause of retirement. (G.N. A. 90 of
1960; 63 of 1999 s. 3)

(1A) The percentage of permanent incapacity referred to in paragraph

(1)(ii) shall be assessed in such manner as the Secretary may specify by
general notice published in the Gazette. (3 of 1993 s. 34)

(2) Any officer so injured while in the service under the Government not
holding an established office, or holding an established office in which he
has not been confirmed, may be granted on retirement a pension of the same
amount as the additional pension which might be granted to him under paragraph
(1) if his office were an established office and he had been confirmed
therein.

(3) (Repealed 36 of 1987 s. 49)

(4) An officer who is permanently injured while travelling by any means in
pursuance of official instructions or in the course of his duties shall be
deemed to have been injured in the circumstances detailed in paragraph

(1)(a) and (c). (3 of 1993 s. 34)

(4A) Where an additional pension is granted under this regulation in respect
of an injury which was caused in circumstances creating a legal liability in
some person other than the Government, the Government may take proceedings
against such person to recover an amount not exceeding the amount of the
additional pension multiplied by 14. (36 of 1987 s. 49)

(5) The provisions of regulation 23 shall not apply to a pension granted under
this regulation.

(6) Paragraphs (1)(ii), (iii) and (iv) and (2) shall not apply in the case of
an officer who, in consequence of his injury, is entitled to and has received
compensation under the Employees' Compensation Ordinance ( Cap  282), the
Pneumoconiosis (Compensation) Ordinance ( Cap 360) or the
Occupational Deafness (Compensation) Ordinance ( Cap 469). (G.N.A. 34 of 1962;
51 of 1980 s. 48; 3 of 1993 s. 34; 98 of 1994 s. 14; 21 of 1995 s. 46)

(7) If there is any variation in the degree of incapacity of an officer
subsequent to the grant of a pension or additional pension granted to him
under this regulation, the rate at which such pension has been granted may be
reassessed in such manner as the Secretary may specify by general notice
published in the Gazette and at such time as the Secretary may think fit.
(L.N. 123 of 1980; L.N. 76 of 1989; 3 of 1993 s. 34)

(8) A pension or additional pension granted to an officer under paragraph

(1)(iii) or (iv) may be reassessed in accordance with the table in paragraph
(1) at such time or times as a medical board appointed by the Hospital
Authority may determine, if there is any variation in the extent of the
impairment of that officer's capacity to contribute to his own support. (98 of
1994 s. 14)

(36 of 1987 s. 49)