Hong Kong Regulations

PENSION BENEFITS REGULATIONS - REGULATION 15

Military service to count for pension benefits

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

   (a)  during the period of such 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 the said purposes, be
        deemed to be on leave as aforesaid from public service and to have
        held the substantive office in which he is re-employed: Provided that-

        (i)    this regulation shall not apply when either period mentioned in
               paragraph (b) exceeds 3 months, or such longer period as 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, such circumstances arising not later than
               the expiration of 3 months, or such longer period as may be
               determined as aforesaid, after the termination of his military
               service;

        (ii)   this regulation shall not apply when an officer shall have
               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;

        (iii)  if during any period mentioned in paragraph (a) the officer
               shall have qualified for pension, or received emoluments in
               lieu of pension rights, actually in respect of his military
               service, paragraph (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";

        (iv)   if during his military service the officer shall be 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;

        (v)    the provisions of this regulation which require that the
               officer shall be deemed to have held a specified office and to
               have been on leave from a specified service shall not apply in
               respect of any period during which he shall actually have held
               any other substantive office and have been on leave from any
               public service;

        (vi)   save where in any particular case the Governor otherwise
               directs, this regulation shall not apply where the office in
               the public service last held by the officer prior to his
               military service was not an established office;

        (vii)  this regulation shall 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 1987)