To make provisions for the payment of pensions, gratuities, and other allowances in connection with the disablement or death of officers and volunteers of the Hong Kong Volunteer Defence Corps and members of the Hong Kong Naval Volunteer Force who were called out on actual military service or actual service during the 1939 World War, and to provide for the establishment of the Pensions Assessment Board and for incidental or connected matters.
(Amended 56 of 1997 s. 2)
[2 June 1950]
(Format changes—E.R. 5 of 2022)
(Added 56 of 1997 s. 3)
This Ordinance may be cited as the Volunteer and Naval Volunteer Pensions Ordinance.
In this Ordinance, unless the context otherwise requires— (Amended 56 of 1997 s. 4)
Board (評議局) means the Pensions Assessment Board established by section 3; (Added 56 of 1997 s. 4) Chairman (主席) means the Chairman of the Board; (Added 56 of 1997 s. 4) claim (申索) means a claim lodged under section 21(1), and includes part of a claim; (Added 56 of 1997 s. 4) degree of disablement (傷殘程度), in relation to a qualified person, means the degree of disablement of the qualified person within the meaning of section 6; (Added 56 of 1997 s. 4) grant (撫恤金) means any sum of money payable by way of pension, gratuity or other allowance under this Ordinance, and includes part of a grant; (Added 56 of 1997 s. 4) injury (傷病) includes wound and disease, and a combination of injuries; (Added 56 of 1997 s. 4) member (成員) means a person who was serving in the Hong Kong Naval Volunteer Force constituted under the Naval Volunteer Ordinance 1933 (30 of 1933), as a member; officer (軍官) and volunteer (隊員) mean a person who was serving in the Hong Kong Volunteer Defence Corps constituted under the Volunteer Ordinance 1933 (10 of 1933), as an officer or volunteer; qualified person (合資格人士) means—(a)an officer or volunteer who was on such service as is referred to in subsection (2)(a)(i);(b)a member who was on such service as is referred to in subsection (2)(a)(ii); (Added 56 of 1997 s. 4) spouse (配偶), in relation to a qualified person, means—(a)the lawful spouse of the qualified person married to him by a Christian marriage or its civil equivalent;(b)where the qualified person does not have a spouse within the meaning of paragraph (a)—(i)in case the qualified person has contracted a Chinese customary marriage as a husband, the kit fat or tin fong wife of the qualified person recognized as such under the law applicable to the qualified person;(ii)in any other case—(A)subject to sub-subparagraph (B), the spouse of the qualified person recognized as such under the law applicable to the qualified person;(B)where the qualified person is lawfully married to more than one person at the same time under the law applicable to the qualified person, the principal spouse of the qualified person recognized as such by such law; (Added 56 of 1997 s. 4) surviving spouse (尚存配偶), in relation to a qualified person, means a person who survives the qualified person as his spouse at the time of his death. (Added 56 of 1997 s. 4)(Amended 56 of 1997 s. 4)
For the purposes of this Ordinance—
a reference to service shall, subject as otherwise provided in subsections (3) and (4), be regarded as a reference—
in the case of an officer or volunteer, to actual military service under the Volunteer Ordinance 1933 (10 of 1933) of that officer or volunteer with the Hong Kong Volunteer Defence Corps constituted under that Ordinance, on or after 7 December 1941;
in the case of a member, to actual service under the Naval Volunteer Ordinance 1933 (30 of 1933) of that member with the Hong Kong Naval Volunteer Force constituted under that Ordinance, on or after 30 August 1939;
a reference to due to service shall be construed accordingly. (Added 56 of 1997 s. 4)
For the purposes of this Ordinance, where after the termination of the service of a qualified person, a claim in connection with the disablement or the death due to service of the qualified person occurring after such termination is lodged by any person, the disablement or the death, as the case may be, shall be regarded as being due to service, if the person shows to the satisfaction of the Board that—
in the case of disablement, the disablement is due to an injury—
which is attributable to service; or
which existed before or arose during service and had been and remains to have been aggravated thereby;
in the case of death, the death was due to or substantially hastened by—
an injury which was attributable to service; or
the aggravation by service of an injury which existed before or arose during service.
For the purposes of any claim under this Ordinance—
the condition set out in paragraph (a)(i)(B) shall not be regarded as having been satisfied, unless the injury in question remains to have been aggravated within the meaning of that paragraph at the time when the claim is lodged;
where, upon reliable evidence, a reasonable doubt exists as to whether any of the conditions set out in paragraph (a) are satisfied, the benefit of that reasonable doubt shall be given to the person by whom the claim is lodged;
where there is no note in contemporary official records of a material fact relevant to any of the conditions set out in paragraph (a), other reliable corroborative evidence of that fact may be accepted. (Added 56 of 1997 s. 4)
For the purposes of this Ordinance, where a qualified person dies when he has been paid under this Ordinance or is otherwise entitled under this Ordinance to the payment of a grant payable by way of constant attendance allowance under section 10 in respect of any period of time ending with his death, and a claim is lodged in respect of the death of the qualified person, the death of the qualified person shall be regarded as being due to service. (Added 56 of 1997 s. 4)
For the purposes of this Ordinance—
a reference to the rank of a qualified person shall be deemed to be a reference to the highest rank attained by the qualified person during his service with the Hong Kong Volunteer Defence Corps or the Hong Kong Naval Volunteer Force, as the case may be;
a reference to the Officer rank or the Member rank shall—
in the case of the Hong Kong Volunteer Defence Corps, be a reference to any of the ranks set out in column 2 of Schedule 1 opposite the applicable classification set out in column 1 of that Schedule;
in the case of Hong Kong Naval Volunteer Force, be a reference to any of the ranks set out in column 3 of Schedule 1 opposite the applicable classification set out in column 1 of that Schedule. (Added 56 of 1997 s. 4)
(Added 56 of 1997 s. 5)
There is hereby established a board to be known as the Pensions Assessment Board.
The Board shall consist of—
the Director of Accounting Services, who shall be the Chairman;
the Director of Health or such a public officer of the rank of Principal Medical and Health Officer or above as may be nominated by him as his representative; and
not more than 3 members, each being appointed by the Chief Executive. (Amended 17 of 1999 s. 3)
Notice of any appointment under subsection (2)(c) shall be published in the Gazette.
A member of the Board who is appointed under subsection (2)(c)—
shall hold office for such period and upon such terms as the Chief Executive may determine;
may resign at any time by giving notice in writing to the Chief Executive;
may be removed from office by the Chief Executive if the Chief Executive is satisfied that such member is incapacitated by physical or mental illness or is otherwise unable or unfit to perform the function of a member of the Board. (Amended 17 of 1999 s. 3)
The Board shall meet as often as the Chairman may determine to be necessary for the performance of any of its functions and the exercise of any of its powers under this Ordinance.
The Board shall not transact business at a meeting other than to adjourn unless there is a quorum of 3 members of the Board present.
A decision of the Board shall be that of the majority of the members of the Board who are in attendance or, if there is no majority, that of the Chairman.
Subject to this section, the Board may determine its own procedure.
(Replaced 56 of 1997 s. 5)
The Board shall perform such functions as are imposed or conferred on it under this Ordinance.
The Board may do all such things as are necessary for, or incidental or conducive to, the better performance of its functions under this Ordinance, and in particular but without limiting the generality of the foregoing may—
establish such committees as the Board sees fit to assist the Board in the performance of its functions and the exercise of its powers under this Ordinance;
appoint such persons as the Board sees fit, including persons who are not members of the Board, to any of the committees established under paragraph (a);
liaise with or consult such persons or authorities (whether in Hong Kong or elsewhere) as the Board considers necessary or expedient for the performance of its functions and the exercise of its powers under this Ordinance;
publish from time to time and make available for inspection explanatory notes and guidelines in respect of the payment of any grant, whether by way of pension, gratuity or other allowance, under this Ordinance.
(Replaced 56 of 1997 s. 5)
(Part III added 56 of 1997 s. 5)
In the case of the disablement due to service of a qualified person, any grant payable in connection therewith under this Part, whether by way of pension, gratuity or other allowance, shall, subject to other provisions of this Ordinance, be payable to the qualified person.
(Replaced 56 of 1997 s. 5)
The degree of disablement of a qualified person shall be the degree of disablement due to service of the qualified person, as assessed in accordance with the principles of assessment set out in Part I of Schedule 2.
(Replaced 56 of 1997 s. 5)
Where the degree of disablement of a qualified person is not less than 20%, there shall, subject to section 9, be payable by way of pension a grant at such rate set out in column 2 of Schedule 3 as is appropriate to his degree of disablement and his rank.
Where the degree of disablement of a qualified person is less than 20%, there shall, subject to section 9, be payable by way of gratuity—
where the disablement is due to an injury within the description of the injuries set out in column 1 of Part 1 of Schedule 4, a grant in the form of a lump sum and of such amount set out in column 3 of that Part as is appropriate to the injury, his degree of disablement and his rank;
in any other case, a grant in the form of a lump sum and of such amount set out in column 3 of Part 2 of Schedule 4 as is appropriate to the estimated duration of his disablement, his degree of disablement and his rank.
(Amended E.R. 2 of 2012)
Where, in the case of the disablement due to service of a qualified person—
the disablement is due to—
an injury within the description of the injuries set out in column 1 of Part 1 of Schedule 4; and (Amended E.R. 2 of 2012)
some other injury which does not result in total disablement of the qualified person; and
the degree of disablement assessed by way of composite assessment in respect of both causes referred to in paragraph (a)(i) and (ii) is no higher than that assessed in respect of the cause referred to in paragraph (a)(ii) alone,
there shall, in lieu of any grant that would, apart from this section, have been payable under section 7 or 8 in connection with the disablement, be payable—
the grant that would be payable under section 8 if the disablement were due only to the cause referred to in paragraph (a)(i); and
the grant that would be payable under section 7 or 8 if the disablement were due only to the cause referred to in paragraph (a)(ii).
Where—
a qualified person is entitled under this Ordinance, whether by virtue of the application of section 7 or of section 9(ii), to the payment of any grant payable by way of pension under section 7 in connection with a disablement the degree of which is not less than 80%; and
it is shown to the satisfaction of the Board that constant attendance on the qualified person is necessary on account of the disablement,
there shall, apart from any other grant payable under this Part, be payable by way of constant attendance allowance a grant at such rate not exceeding that set out in column 2 of Schedule 5 in respect of such allowance as may from time to time be determined by the Board having regard to all the circumstances of the case.
Where—
a qualified person is entitled under this Ordinance to the payment of a grant payable by way of constant attendance allowance under section 10 in connection with a disablement; and
the disablement is, in the opinion of the Board, likely to permanently remain,
there shall, apart from any other grant payable under this Part, be payable by way of exceptionally severe disablement allowance a grant at such rate not exceeding that set out in column 2 of Schedule 5 in respect of such allowance as may from time to time be determined by the Board having regard to all the circumstances of the case.
Where a qualified person is entitled under this Ordinance, whether by virtue of the application of section 7 or of section 9(ii), to the payment of—
any grant payable by way of pension under section 7 in connection with a disablement which is due to more than one injury and the degree of which is 100%; and
any grant payable by way of constant attendance allowance under section 10,
there shall, apart from any other grant payable under this Part, be payable by way of comforts allowance a grant at such rate not exceeding that set out in column 2 of Schedule 5 in respect of such allowance as may from time to time be determined by the Board having regard to all the circumstances of the case.
Where a qualified person—
is entitled under this Ordinance, whether by virtue of the application of section 7 or of section 9(ii), to the payment of any grant payable by way of pension under section 7 in connection with a disablement the degree of which is not less than 40%; and
has attained the age of 65 years,
there shall, apart from any other grant payable under this Part, be payable by way of age allowance a grant at such rate set out in column 2 of Schedule 5 in respect of such allowance as is appropriate to his degree of disablement.
Where, in the case of the disablement due to service of a qualified person, the qualified person has incurred any expenses which are determined by the Board as expenses in respect of medical, surgical or rehabilitation treatment or of aids and adaptations, and as having been incurred wholly or mainly as a result of the disablement, there shall, apart from any other grant payable under this Part, be payable by way of medical expenses allowance a grant in the form of a lump sum upon such conditions and up to such amount as may be determined by the Board having regard to the amount of the expenses so incurred.
(Part IV added 56 of 1997 s. 5)
In the case of the death due to service of a qualified person, any grant payable in connection therewith under this Part, whether by way of pension, gratuity or other allowance, shall, subject to other provisions of this Ordinance, be payable to the surviving spouse of the qualified person.
In the case of the death due to service of a qualified person, there shall be payable by way of pension—
where the surviving spouse of the qualified person—
has attained the age of 40 years; or
is in the opinion of the Board incapable of self-support,
a grant at such rate set out in column 2 of Schedule 6 as is appropriate to the rank of the qualified person;
in any other case, a grant at such rate set out in column 3 of Schedule 6 as is appropriate to the rank of the qualified person.
Where a surviving spouse of a qualified person—
is entitled under this Ordinance to the payment of any grant payable by way of pension under section 16; and
has attained the age of 65 years,
there shall, apart from any other grant payable under this Part, be payable by way of age allowance a grant at such rate set out in column 2 of Schedule 7 as is appropriate to the age of the surviving spouse.
Subject to subsection (2), where a qualified person dies when he has been paid under this Ordinance or is otherwise entitled under this Ordinance to the payment of a grant payable by way of constant attendance allowance under section 10 in respect of any period of time ending with his death, there shall, apart from any other grant payable under this Part, be payable by way of ex gratia allowance a grant comprising—
a payment payable at the same rate as that at which such grant that is so payable in respect of the period of time ending with the death of the qualified person was computed;
where the qualified person dies when he has been paid under this Ordinance or is otherwise entitled under this Ordinance to the payment of any other grants payable otherwise than in the form of a lump sum under Part III in respect of any period of time ending with his death, a payment, in respect of each of such other grants, payable at the same rate as that at which each of such other grants that is so payable in respect of the period of time ending with the death of the qualified person was computed; and
where the qualified person dies when he is entitled under this Ordinance to the payment of a grant payable by way of medical expenses allowance under section 14, a payment in the form of a lump sum and of such amount as is equivalent to that of such grant.
No money shall be payable under subsection (1)(a) or (b) in connection with the death of a qualified person for any period longer than 26 weeks commencing on the date of death of the qualified person.
Notwithstanding any other provisions of this Part, where any person who is the surviving spouse of a qualified person marries another person or lives together with another person as husband and wife, any grant which would, apart from this section, have been payable under this Part to the surviving spouse as such in respect of any period of time beginning on the date of such marriage or upon such living together shall, regardless of the period of time for which such marriage or living together subsists, cease to be so payable.
Where any grant ceases to be payable to any person by virtue of subsection (1), there shall, if the Board so decides in its discretion, be payable by way of gratuity a grant in the form of a lump sum and of such amount as may be determined by the Board having regard to all the circumstances of the case, being an amount not exceeding the amount that would, had the cessation not taken place, have been payable to the person in the calendar month in which the cessation takes place, as multiplied by 12.
(Part V added 56 of 1997 s. 5)
Notwithstanding any provisions of Part III or IV—
no person shall be entitled to the payment of any grant under this Ordinance, whether by way of pension, gratuity or other allowance; and
no grant shall be payable under this Ordinance, whether by way of pension, gratuity or other allowance,
unless, apart from any other condition or requirement set out in this Ordinance in respect thereof being satisfied, a claim in respect thereof has been admitted under this Ordinance.
For the purposes of subsection (1), a claim shall be regarded as having been admitted under this Ordinance if and only if the claim—
has been admitted by the Board pursuant to a decision—
which has been made under section 21(4); and
which has not been varied or reversed in a review under section 22, or in respect of which no review under section 22 is otherwise pending;
has been admitted by the Board pursuant to a decision—
which has been made in a review under section 22; and
which has not been varied or reversed on an appeal under section 23, or in respect of which no appeal under section 23 is otherwise pending; or
has been admitted by the Administrative Appeals Board pursuant to a decision made on an appeal under section 23.
Subject to paragraph (b), a person who claims to be entitled to the payment of any grant under this Ordinance, whether by way of pension, gratuity or other allowance, may, by serving on the Board a notice in such form as the Board may specify, lodge his claim with the Board.
For the purposes of paragraph (a), where any claim has been lodged in accordance with that paragraph in connection with the disablement or the death due to service of any qualified person, the claim shall be deemed to include a claim for any grant payable under this Ordinance by way of allowance in connection with the disablement or the death, as the case may be, notwithstanding that no claim for any such allowance has been included in the claim so lodged.
The Board shall, upon any claim having been lodged in accordance with subsection (1), determine the claim.
The Board may, by notice in writing served on the person by whom a claim has been lodged, require him to furnish to the Board such further particulars or evidence in support of his claim as the Board may specify, or otherwise to appear before the Board or such other person or authority as the Board may specify.
Without limiting the generality of paragraph (a), the Board may require to be furnished to the Board one or more medical reports in respect of the qualified person in respect of whom or in connection with whom a claim has been lodged.
The Board may, in determining a claim—
admit the entire claim;
reject the entire claim; or
admit a specified part or parts, and reject the remainder, of the claim.
The Board shall, within 1 month after a claim is determined under subsection (4), notify the person by whom the claim has been lodged, by notice in writing served on the person, of—
its decision in determining the claim; and
where it admits the entire claim or any part or parts of the claim, the amount payable, and the terms upon which the amount is payable, by virtue of the claim or the part or parts of the claim, as the case may be, being so admitted;
where it rejects the entire claim or any part or parts of the claim, the reasons for the rejection.
A person who is at any time aggrieved by a decision of the Board made in respect of him in determining a claim under section 21(4) may apply to the Board for a review of the decision, by serving on the Board a notice in such form as the Board may specify.
The Board shall, upon any application having been made to it under paragraph (a) in respect of any of its decisions in determining a claim under section 21(4), review that decision.
The Board may, on its own initiative, review any of its decisions in determining a claim under section 21(4) at any time when it is satisfied that—
the decision was—
made in ignorance of, or in consequence of a mistake as to, a material fact, or in consequence of a mistake as to law; or
based upon any false or misleading information, statement, report or record given or made in connection with the claim to which the decision relates; or
there has been any relevant change of circumstances since the decision was made so as to require such a review to be made.
The Board may, in reviewing a decision under subsection (1) or (2), confirm, vary or reverse the decision.
The Board shall, within 1 month after a review is made under subsection (3), notify the person by whom the claim to which the review relates has been lodged, by notice in writing served on the person, of—
where the decision which is the subject of the review is confirmed, such confirmation;
where the decision which is the subject of the review is varied or reversed—
its decision in the review, and the reasons therefor; and
the amount, if any, that is payable, and the terms upon which the amount is payable, further to the review by virtue of the claim to which the review relates.
A person who is aggrieved by a decision of the Board made in respect of him in a review under section 22(3) may, within 28 days after receiving notice of the decision, appeal to the Administrative Appeals Board.
There shall be charged on and paid out of the general revenue all such sums of money as may from time to time be payable as a grant, whether by way of pension, gratuity or other allowance, under this Ordinance.
Where a claim lodged by any person in respect of the payment of any grant payable otherwise than in the form of a lump sum under this Ordinance, whether by way of pension, gratuity or other allowance, has been admitted under this Ordinance within the meaning of section 20, the person shall, subject to any decision to the contrary by the Board or the Administrative Appeals Board pursuant to the decision of which the claim has been so admitted, be and only be entitled for the purposes of this Ordinance to such payment as would be payable to him as if the claim so admitted had been lodged in respect of a period of time beginning on—
where the claim so admitted has been lodged—
in respect of the payment of any grant, payable under section 16, 17 or 18 in connection with the death of a qualified person; and
within a period of 3 months beginning on the date of death of the qualified person,
the date next following the date of death of the qualified persons;
in any other case, the date on which the claim was lodged.
The payment of any grant payable under this Ordinance, whether by way of pension, gratuity or other allowance, may be made in such manner as the Director of Accounting Services may determine.
(Part VI added 56 of 1997 s. 5)
Subject to paragraph (c) and subsection (2), where a medical report in respect of a qualified person is required for the purposes of any provisions of this Ordinance, such medical report shall be a report in such form as the Board may specify of a medical examination described in paragraph (b)(i) or (ii), as the case may be.
Where the qualified person referred to in paragraph (a) ordinarily resides in Hong Kong, the medical report referred to in that paragraph shall be a report of a medical examination conducted by a medical practitioner in respect of the qualified person, as arranged by the Director of Health.
Where the qualified person referred to in paragraph (a) does not ordinarily reside in Hong Kong, the medical report referred to in that paragraph shall be a report of—
a medical examination conducted by a local practitioner in respect of the qualified person, as arranged by a local authority acceptable to the Board; or
where the Board is satisfied that it is not reasonably practicable to have a medical examination arranged in accordance with sub-subparagraph (A), a medical examination conducted in respect of the qualified person by a local practitioner.
Unless the Board otherwise specifies, where—
the Board requires under section 21(3)(b) to be furnished with a medical report in respect of a qualified person; and
one or more medical reports have previously been furnished to the Board in respect of the qualified person for the purposes of this Ordinance,
the medical report shall, apart from satisfying the requirements set out in paragraph (b), be a report of a medical examination conducted by a medical practitioner or a local practitioner, as the case may be, other than that or those by whom any of the medical examinations to which the medical report or reports previously furnished relates or relate were conducted.
For the purposes of this Ordinance, the requirement of subsection (1) shall not be regarded as having been satisfied unless the medical report is—
in the case of subsection (1)(b)(i) or (ii)(A), sent directly to the Board by the authority by which the medical examination in question is arranged;
in the case of subsection (1)(b)(ii)(B), where the Board so requires, sent directly to the Board by the person by whom the medical examination in question is conducted.
Where a medical report is furnished in accordance with the requirement of subsections (1) and (2), any costs and expenses which in the opinion of the Board have been reasonably incurred by any person as a result of such requirement shall be defrayed by payment to the person out of the general revenue.
Notwithstanding any other provisions of this Ordinance, where any person is from time to time entitled under this Ordinance to the payment of any grant, whether by way of pension, gratuity or other allowance—
any condition or requirement set out in this Ordinance in respect of the payment of such grant shall, except where the context otherwise requires, be construed as a continuing condition or requirement; and
in the event of any condition or requirement which is so construed as a continuing condition or requirement ceasing in any way to be satisfied, the person shall cease to be entitled to such payment in respect of any period of time beginning on the date of such cessation.
All costs and expenses incurred by the Board in the performance of its functions and the exercise of its powers shall be borne by the Government.
All costs and expenses incurred by the Government in respect of or in connection with the administration of this Ordinance shall be charged on and paid out of the general revenue.
Where any person has received the payment of any sum of money as a grant, or part or parts of a grant, whether by way of pension, gratuity or other allowance, by the application, or the purported application, of any provisions of this Ordinance, and—
the payment was made—
in ignorance of, or in consequence of a mistake as to, a material fact, or in consequence of a mistake as to law; or
on the basis of any false or misleading information, statement, report or record given or made in connection with such payment;
the payment was made pursuant to a decision which—
where the decision was made under section 21(4), has been varied or reversed in a review under section 22 so that the payment according to the decision on the review should not have been payable to the person;
where the decision was made in a review under section 22, has been varied or reversed on an appeal under section 23 so that the payment according to the decision on the appeal should not have been payable to the person; or
the person has been convicted of an offence under section 32 in respect of or in connection with such payment,
an amount equivalent to the amount of the payment so received shall be recoverable from the person as a debt due to the Government.
Any money recovered under subsection (1) shall be paid into the general revenue.
No entitlement of any person to the payment of any grant under this Ordinance, whether by way of pension, gratuity or other allowance, shall be assignable or transferable except for the purpose of being applied, whether in whole or in part, for the satisfaction, or partial satisfaction, of a debt due by the person to the Government.
Any assignment or transfer of any entitlement in contravention of paragraph (a) shall be void.
The entitlement of any person to the payment of any grant under this Ordinance, whether by way of pension, gratuity or other allowance, shall not—
survive for the benefit of his estate on his death;
pass to any other person by operation of law.
No money payable to any person as a grant under this Ordinance, whether by way of pension, gratuity or other allowance, shall be liable to be attached, charged, sequestered or levied upon for or in respect of any debt or claim whatsoever, other than a debt due by the person to the Government.
Where any person to whom any grant is payable under this Ordinance, whether by way of pension, gratuity or other allowance, owes a debt to the Government, the Director of Accounting Services may apply such money, whether in whole or in part, for the satisfaction, or partial satisfaction, of the debt.
A person who, in connection with a claim—
furnishes any information which he knows to be false or misleading, or does not believe to be true, in a material particular; or
produces any statement, report or record which he knows to be false or misleading, or does not believe to be true, in a material particular,
commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 3 months.
Notwithstanding section 26 of the Magistrates Ordinance (Cap. 227), proceedings in respect of an offence under subsection (1) may be brought at any time within the period of 6 months after the commission of the offence or within the period of 6 months after the discovery thereof by the Board, whichever is the later to expire.
Service of a notice on any person by the Board under this Ordinance may be effected—
by delivering it to the person personally;
by leaving it at the last known address of the person; or
by sending it by post addressed to the person at his last known address.
A certificate purporting to be signed by the Chairman shall, until the contrary is proved, be evidence of the facts stated therein relating to the service of any notice required to be served by the Board under this Ordinance.
Subject to subsection (2), the Board may delegate in writing, either generally or for any particular purpose, such of its functions or powers under this Ordinance, other than those specified in subsection (3), as it thinks fit to—
any member of the Board;
any committee established under section 4(2)(a);
any member of a committee referred to in subparagraph (ii); or
any public officer or other person.
Subject to subsection (2), the Director of Accounting Services may delegate in writing, either generally or for any particular purpose, such of his functions or powers under this Ordinance, other than those specified in subsection (3), as he thinks fit to any public officer or other person.
No delegation made under subsection (1) shall preclude the Board or the Director of Accounting Services, as the case may be, from performing or exercising at any time any of the functions or powers so delegated.
The functions or powers which may not be delegated under subsection (1) are—
the power to delegate under subsection (1);
in the case of delegation by the Board under subsection (1)(a)—
the function of the Board to determine a claim under section 21(4);
the function or power of the Board to review under section 22 any of its decisions in determining a claim under section 21(4); and
the powers of the Board specified in section 4(2)(a) and (b).
The Secretary for Labour and Welfare may, by order, amend any of the Schedules. (Amended L.N. 106 of 2002; L.N. 130 of 2007)
Without affecting the generality of subsection (1), the Secretary for Labour and Welfare may, by order, amend— (Amended L.N. 106 of 2002; L.N. 130 of 2007)
the monthly rates set out in column 2 of Schedule 3;
the amounts set out in column 3 of Part 1 of Schedule 4; (Amended E.R. 2 of 2012)
the amounts set out in column 3 of Part 2 of Schedule 4; (Amended E.R. 2 of 2012)
the monthly rates set out in column 2 of Schedule 5;
the monthly rates set out in columns 2 and 3 of Schedule 6;
the monthly rates set out in column 2 of Schedule 7;
the monthly rates set out in column 2 of Schedule 8,
in accordance with the percentage of increase declared in a notice made under section 4(1C) of the Pensions (Increase) Ordinance (Cap. 305).
An order under subsection (1) or (2) shall be published in the Gazette.
An order under subsection (2) shall take effect on the same date as specified in the notice referred to in that subsection.
Section 34 of the Interpretation and General Clauses Ordinance (Cap. 1) shall not apply in respect of an order under subsection (2).
(Replaced 35 of 1999 s. 2)
Where—
immediately before the commencement* of the amending Ordinance a person had been paid or was otherwise entitled to the payment of any sum of money payable by way of pensions, gratuities or other grants under any of the Articles of the Order set out in column 1 of Schedule 8 in respect of any period of time ending with such commencement pursuant to the pre-amended Ordinance, by virtue of any claim made in respect thereof having been accepted pursuant to the pre-amended Ordinance; and
the person would, apart from the amendments made to this Ordinance by the amending Ordinance, have been entitled to the payment of further sums of money payable by way of pensions, gratuities or other grants under any of such Articles in respect of any period of time beginning on the date of such commencement pursuant to the pre-amended Ordinance, by virtue of such claim having been so accepted,
the further sums of money to which the person would have been entitled within the meaning of subparagraph (ii) shall, subject to paragraphs (b) and (c), be payable to the person as if they were a grant which is payable under Part III or IV of this Ordinance and in respect of which a claim has, upon the commencement of the amending Ordinance, already been lodged in accordance with section 21(1) and admitted pursuant to a decision of the Board under section 21(4).
Any sum of money payable by virtue of paragraph (a) shall, if the Board so decides in its discretion, be adjusted to become payable at such rate set out in column 2 of Schedule 8 as is opposite the Article of the Order set out in column 1 of Schedule 8 under which it would, apart from this paragraph, have been payable.
For the avoidance of doubt, it is hereby declared that—
subject to subparagraph (ii), the provisions of this Ordinance shall apply mutatis mutandis in respect of the payment of any sum of money payable by virtue of paragraph (a) or (b), as they apply to the payment of a grant which is payable under Part III or IV of this Ordinance and in respect of which a claim has, upon the commencement of the amending Ordinance, already been lodged in accordance with section 21(1) and admitted pursuant to a decision of the Board under section 21(4);
sections 18(1)(b) and 21(5) shall not apply in respect of the payment of any sum of money payable by virtue of paragraph (a) or (b).
Where—
immediately before the commencement of the amending Ordinance a person had been paid or was otherwise entitled to the payment of any sum of money payable by way of pensions, gratuities or other grants, otherwise than under any of the Articles of the Order set out in column 1 of Schedule 8, in respect of any period of time ending with such commencement pursuant to the pre-amended Ordinance, by virtue of any claim made in respect thereof having been accepted pursuant to the pre-amended Ordinance; and
there is any grant payable under Part III or IV of this Ordinance, whether by way of pension, gratuity or other allowance, which in the opinion of the Board corresponds in nature to the payment referred to in subparagraph (i),
the grant referred to in subparagraph (ii) shall, subject to paragraph (b), be payable to the person as if a claim in respect thereof had, upon the commencement of the amending Ordinance, already been lodged in accordance with section 21(1) and admitted pursuant to a decision of the Board under section 21(4).
For the avoidance of doubt, it is hereby declared that—
subject to subparagraph (ii), the provisions of this Ordinance shall apply mutatis mutandis in respect of the payment of any grant payable by virtue of paragraph (a), as they apply to the payment of such grant in the event that a claim in respect thereof has, upon the commencement of the amending Ordinance, already been lodged in accordance with section 21(1) and admitted pursuant to a decision of the Board under section 21(4);
section 21(5) shall not apply in respect of the payment of any grant payable by virtue of paragraph (a).
Notwithstanding any other provisions of this Ordinance, no amendments made to this Ordinance by the amending Ordinance shall authorize the payment of any grant under this Ordinance, whether by way of pension, gratuity or other allowance, in respect of any matter in respect of which a payment which in the opinion of the Board corresponds in nature thereto had been made pursuant to the pre-amended Ordinance.
In this section—
amending Ordinance (修訂條例) means the Volunteer and Naval Volunteer Pensions (Amendment) Ordinance 1997 (56 of 1997); Order (命令) means the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (S.I. 1983/883 U.K.); pre-amended Ordinance (修訂前的條例) means this Ordinance as it was before the commencement of the amending Ordinance.| Column 1 | Column 2 | Column 3 | |
| Classification of ranks | Officer or volunteer in the Hong Kong Volunteer Defence Corps | Member in the Hong Kong Naval Volunteer Force | |
| Officer rank | Colonel Lieutenant-Colonel Major Captain Lieutenant (Quartermasters, Assistant Pay Masters) | Colonel 2nd Commandant Lieutenant-Colonel Commander Lieutenant-Commander Lieutenant Sub-Lieutenant Acting Sub-Lieutenant | |
| Second Lieutenant Subaltern | Senior Commissioned Officer (Branch List) Commissioned Officer from Warrant Rank Midshipman 2nd Lieutenant Warrant Officer Cadet | ||
| Member rank | Warrant Officer Class I Warrant Officer Class II | Regimental Sergeant- Major | |
| Non-Commissioned Officer Class I | Chief Petty Officer Petty Officer | ||
| Staff Sergeant Non-Commissioned Officer Class II Sergeant Corporal Private, Gunner, Signalman, etc., Class V | A B Rating Ordinary Rating |
(Added 56 of 1997 s. 5)
Subject as is otherwise provided herein—
the degree of the disablement due to service of a qualified person shall be assessed by making a comparison between the condition of the qualified person as so disabled and the condition of a normal healthy person of the same age and sex, without taking into account the earning capacity of the qualified person in his disabled condition in his own or any other specific trade or occupation, and without taking into account the effect of any individual factors or extraneous circumstances;
for the purposes of assessing the degree of disablement due to service of a qualified person, where the disablement is due to an injury which existed before or arose during service and had been and remains to have been aggravated thereby—
in assessing the degree of disablement existing at the date of the termination of the service of the qualified person, account shall be taken of the total disablement due to that injury and existing at that date; and
in assessing the degree of disablement existing at any date subsequent to the date of the termination of his service, any increase in the degree of disablement which has occurred since such date of termination shall only be taken into account in so far as that increase is due to the aggravation by service of that injury;
where the disablement due to service of a qualified person is due to more than one injury, a composite assessment of the degree of disablement shall be made by reference to the combined effect of all such injuries, and that composite assessment shall be regarded as representing the degree of disablement of the qualified person for the purposes of this Ordinance.
The degree of disablement due to service of a qualified person shall be assessed on an interim basis unless the condition of the qualified person permits a final assessment of the extent, if any, of that disablement.
The degree of disablement assessed hereunder shall be expressed by way of a percentage, total disablement being represented by 100% (which shall be the maximum assessment) and a lesser degree being represented by such percentage as bears to total disablement, so however that a degree of disablement of 20% or more shall be expressed by way of a percentage which is a multiple of 10, and a degree of disablement which is less than 20% shall except in a case to which Part II applies, be expressed in a manner suitable for the purposes of Part 2 of Schedule 4. (Amended E.R. 2 of 2012)
Where the disablement due to service of a qualified person is due to an injury specified in Part III or is a disablement so specified, and, in either case, has reached a settled condition, the degree of that disablement shall, in the absence of any special features, be expressed for the purposes of this Part by way of the percentage specified in Part III as appropriate to that injury or to that disablement.
| Column 1 | Column 2 | |
| Description of injury | Degree of disablement % | |
| For the loss of: | ||
| A. | FINGERS— | |
| Index finger— | ||
| More than 2 phalanges including loss of whole finger | 14 | |
| More than 1 phalanx but not more than 2 phalanges | 11 | |
| 1 phalanx or part thereof | 9 | |
| Guillotine amputation of tip without loss of bone | 5 | |
| Middle finger— | ||
| More than 2 phalanges including loss of whole finger | 12 | |
| More than 1 phalanx but not more than 2 phalanges | 9 | |
| 1 phalanx or part thereof | 7 | |
| Guillotine amputation of tip without loss of bone | 4 | |
| Ring or little finger— | ||
| More than 2 phalanges including loss of whole finger | 7 | |
| More than 1 phalanx but not more than 2 phalanges | 6 | |
| 1 phalanx or part thereof | 5 | |
| Guillotine amputation of tip without loss of bone | 2 | |
| B. | TOES— | |
| Great toe— | ||
| through metatarso-phalangeal joint | 14 | |
| part, with some loss of bone | 3 | |
| 1 other toe— | ||
| through metatarso-phalangeal joint | 3 | |
| part, with some loss of bone | 1 | |
| 2 toes, excluding great toe— | ||
| through metatarso-phalangeal joint | 5 | |
| part, with some loss of bone | 2 | |
| 3 toes, excluding great toe— | ||
| through metatarso-phalangeal joint | 6 | |
| part, with some loss of bone | 3 | |
| 4 toes, excluding great toe— | ||
| through metatarso-phalangeal joint | 9 | |
| part, with some loss of bone | 3 | |
| Column 1 | Column 2 |
| Description of injury | Degree of disablement % |
| Amputation Cases—Upper Limbs | |
| Loss of both hands or amputation at higher sites | 100 |
| Forequarter amputation | 100 |
| Amputation through shoulder joint | 90 |
| Amputation below shoulder with stump less than 20.5 cm from tip of acromion | 80 |
| Amputation from 20.5 cm from tip of acromion to less than 11.5 cm below tip of olecranon | 70 |
| Amputation from 11.5 cm below tip of olecranon | 60 |
| Loss of thumb | 30 |
| Loss of thumb and its metacarpal bone | 40 |
| Loss of 4 fingers | 50 |
| Loss of 3 fingers | 30 |
| Loss of 2 fingers | 20 |
| Loss of terminal phalanx of thumb | 20 |
| Amputation Cases—Lower Limbs | |
| Double amputation through thigh, or through thigh on one side and loss of other foot, or double amputation below thigh to 13 cm below knee | 100 |
| Double amputation through leg lower than 13 cm below knee | 100 |
| Amputation of 1 leg lower than 13 cm below knee and loss of other foot | 100 |
| Amputation of both feet resulting in end-bearing stumps | 90 |
| Amputation through both feet proximal to the metatarso-phalangeal joint | 80 |
| Loss of all toes of both feet through the metatarso-phalangeal joint | 40 |
| Loss of all toes of both feet proximal to the proximal interphalangeal joint | 30 |
| Loss of all toes of both feet distal to the proximal interphalangeal joint | 20 |
| Hindquarter amputation | 100 |
| Amputation through hip joint | 90 |
| Amputation below hip with stump not exceeding 13 cm in length measured from tip of great trochanter | 80 |
| Amputation below hip and above knee with stump exceeding 13 cm in length measured from tip of great trochanter, or at knee not resulting in end-bearing stump | 70 |
| Amputation at knee resulting in end-bearing stump, or below knee with stump not exceeding 9 cm | 60 |
| Amputation below knee with stump exceeding 9 cm but not exceeding 13 cm | 50 |
| Amputation below knee with stump exceeding 13 cm | 40 |
| Amputation of 1 foot resulting in end-bearing stump | 30 |
| Amputation through 1 foot proximal to the metatarso-phalangeal joint | 30 |
| Loss of all toes of 1 foot proximal to the proximal interphalangeal joint, including amputations through the metatarso-phalangeal joint | 20 |
| Other Specific Injuries | |
| Loss of a hand and a foot | 100 |
| Loss of 1 eye, without complications, the other being normal | 40 |
| Loss of vision of 1 eye, without complications or disfigurement of the eyeball, the other being normal | 30 |
| Loss of sight | 100 |
| Other Disablements | |
| Very severe facial disfigurement | 100 |
| Absolute deafness | 100 |
| Note—Where the degree of disablement specified for a specified injury involving multiple losses differs from the sum of those for the separate injuries, the former shall be regarded as the appropriate degree of disablement for the purposes of this Schedule. | |
(Added 56 of 1997 s. 5)
(Format changes—E.R. 2 of 2012)
| Column 1 | Column 2 | ||
| Degree of disablement % | Monthly rate (HK$) | ||
| Officer rank | Member rank | ||
| 100 | 11,106.66 | 11,099.72 | |
| 90 | 9,998.39 | 9,989.75 | |
| 80 | 8,886.73 | 8,879.78 | |
| 70 | 7,775.00 | 7,769.78 | |
| 60 | 6,665.05 | 6,659.84 | |
| 50 | 5,555.04 | 5,549.86 | |
| 40 | 4,445.07 | 4,439.88 | |
| 30 | 3,333.41 | 3,329.94 | |
| 20 | 2,221.68 | 2,219.94 | |
(Amended L.N. 489 of 1997; L.N. 308 of 1998; L.N. 217 of 1999; L.N. 134 of 2005; L.N. 172 of 2006; L.N. 172 of 2007; L.N. 210 of 2008; L.N. 175 of 2009; L.N. 106 of 2010; L.N. 132 of 2011; L.N. 110 of 2012; L.N. 141 of 2013; L.N. 111 of 2014; L.N. 169 of 2015; L.N. 116 of 2016; L.N. 147 of 2017; L.N. 153 of 2018; L.N. 98 of 2019; L.N. 161 of 2020; L.N. 177 of 2022; L.N. 123 of 2023; L.N. 120 of 2024; L.N. 203 of 2025)
(Added 56 of 1997 s. 5)
(Format changes—E.R. 2 of 2012)
| Column 1 | Column 2 | Column 3 | ||
| Description of injury | Degree of disablement % | Amount (HK$) | ||
| Officer rank | Member rank | |||
| For the loss of: | ||||
| A. | FINGERS— | |||
| Index finger— | ||||
| More than 2 phalanges including loss of whole finger | 14 | 121,521.08 | 120,789.19 | |
| More than 1 phalanx but not more than 2 phalanges | 11 | 97,264.70 | 96,657.71 | |
| 1 phalanx or part thereof | 9 | 81,014.06 | 80,528.45 | |
| Guillotine amputation of tip without loss of bone | 5 | 48,512.68 | 48,266.41 | |
| Middle finger— | ||||
| More than 2 phalanges including loss of whole finger | 12 | 105,270.41 | 104,659.97 | |
| More than 1 phalanx but not more than 2 phalanges | 9 | 81,014.06 | 80,528.45 | |
| 1 phalanx or part thereof | 7 | 64,763.40 | 64,399.17 | |
| Guillotine amputation of tip without loss of bone | 4 | 40,507.00 | 40,264.22 | |
| Ring or little finger— | ||||
| More than 2 phalanges including loss of whole finger | 7 | 64,763.40 | 64,399.17 | |
| More than 1 phalanx but not more than 2 phalanges | 6 | 56,757.72 | 56,393.51 | |
| 1 phalanx or part thereof | 5 | 48,512.68 | 48,266.41 | |
| Guillotine amputation of tip without loss of bone | 2 | 24,256.38 | 24,134.96 | |
| B. | TOES— | |||
| Great toe— | ||||
| through metatarso-phalangeal | 14 | 121,521.08 | 120,789.19 | |
| joint part, with some loss of bone | 3 | 32,258.57 | 32,137.14 | |
| 1 other toe— | ||||
| through metatarso-phalangeal | 3 | 32,258.57 | 32,137.14 | |
| joint part, with some loss of bone | 1 | 16,250.69 | 16,129.28 | |
| 2 toes, excluding great toe— | ||||
| through metatarso-phalangeal | 5 | 48,512.68 | 48,266.41 | |
| joint part, with some loss of bone | 2 | 24,256.38 | 24,134.96 | |
| 3 toes, excluding great toe— | ||||
| through metatarso-phalangeal | 6 | 56,757.72 | 56,393.51 | |
| joint part, with some loss of bone | 3 | 32,258.57 | 32,137.14 | |
| 4 toes, excluding great toe— | ||||
| through metatarso-phalangeal | 9 | 81,014.06 | 80,528.45 | |
| joint part, with some loss of bone | 3 | 32,258.57 | 32,137.14 | |
| Column 1 | Column 2 | Column 3 | |
| Estimated duration of disablement | Degree of disablement % | Amount (HK$) | |
| Officer rank | Member rank | ||
| Temporary less than 1 year | 1-5 | 6,836.74 | 6,689.32 |
| 6-14 | 15,229.15 | 14,889.21 | |
| 15-19 | 26,639.30 | 26,030.60 | |
| Temporary more than 1 year | 1-5 | 13,671.73 | 13,406.38 |
| 6-14 | 30,361.19 | 29,705.64 | |
| 15-19 | 53,157.22 | 51,990.03 | |
| Indeterminate | 1-5 | 41,041.21 | 40,044.01 |
| 6-14 | 91,182.45 | 88,943.41 | |
| 15-19 | 159,570.59 | 155,531.31 | |
(Amended L.N. 489 of 1997; L.N. 308 of 1998; L.N. 217 of 1999; L.N. 134 of 2005; L.N. 172 of 2006; L.N. 172 of 2007; L.N. 210 of 2008; L.N. 175 of 2009; L.N. 106 of 2010; L.N. 132 of 2011; L.N. 110 of 2012; E.R. 2 of 2012; L.N. 141 of 2013; L.N. 111 of 2014; L.N. 169 of 2015; L.N. 116 of 2016; L.N. 147 of 2017; L.N. 153 of 2018; L.N. 98 of 2019; L.N. 161 of 2020; L.N. 177 of 2022; E.R. 5 of 2022; L.N. 123 of 2023; L.N. 120 of 2024; L.N. 203 of 2025)
(Added 56 of 1997 s. 5)
(Format changes—E.R. 2 of 2012)
| Column 1 | Column 2 |
| Description of allowance | Monthly rate (HK$) |
| Constant attendance allowance | 8,399.37 (maximum) |
| Exceptionally severe disablement allowance | 4,200.58 (maximum) |
| Comforts allowance | 1,798.48 (maximum) |
| Age allowance, with degree of disablement being— | |
| (a)40 to 50% | 740.56 |
| (b)over 50%, but not exceeding 70% | 1,144.66 |
| (c)over 70%, but not exceeding 90% | 1,633.77 |
| (d)over 90% | 2,284.13 |
(Amended L.N. 489 of 1997; L.N. 308 of 1998; L.N. 217 of 1999; L.N. 134 of 2005; L.N. 172 of 2006; L.N. 172 of 2007; L.N. 210 of 2008; L.N. 175 of 2009; L.N. 106 of 2010; L.N. 132 of 2011; L.N. 110 of 2012; L.N. 141 of 2013; L.N. 111 of 2014; L.N. 169 of 2015; L.N. 116 of 2016; L.N. 147 of 2017; L.N. 153 of 2018; L.N. 98 of 2019; L.N. 161 of 2020; L.N. 177 of 2022; L.N. 123 of 2023; L.N. 120 of 2024; L.N. 203 of 2025)
(Added 56 of 1997 s. 5)
(Format changes—E.R. 2 of 2012)
| Column 1 | Column 2 | Column 3 |
| Rank of qualified person | Monthly rate (HK$) | Monthly rate (HK$) |
| Officer rank | 8,699.44 | 8,699.44 |
| Member rank | 8,414.96 | 1,970.19 |
(Amended L.N. 489 of 1997; L.N. 308 of 1998; L.N. 217 of 1999; L.N. 134 of 2005; L.N. 172 of 2006; L.N. 172 of 2007; L.N. 210 of 2008; L.N. 175 of 2009; L.N. 106 of 2010; L.N. 132 of 2011; L.N. 110 of 2012; L.N. 141 of 2013; L.N. 111 of 2014; L.N. 169 of 2015; L.N. 116 of 2016; L.N. 147 of 2017; L.N. 153 of 2018; L.N. 98 of 2019; L.N. 161 of 2020; L.N. 177 of 2022; L.N. 123 of 2023; L.N. 120 of 2024; L.N. 203 of 2025)
(Added 56 of 1997 s. 5)
(Format changes—E.R. 2 of 2012)
| Column 1 | Column 2 |
| Age of elderly surviving spouse | Monthly rate (HK$) |
| Aged 65 but under 70 | 955.59 |
| Aged 70 but under 80 | 1,840.14 |
| Aged 80 or over | 2,736.75 |
(Amended L.N. 489 of 1997; L.N. 308 of 1998; L.N. 217 of 1999; L.N. 134 of 2005; L.N. 172 of 2006; L.N. 172 of 2007; L.N. 210 of 2008; L.N. 175 of 2009; L.N. 106 of 2010; L.N. 132 of 2011; L.N. 110 of 2012; L.N. 141 of 2013; L.N. 111 of 2014; L.N. 169 of 2015; L.N. 116 of 2016; L.N. 147 of 2017; L.N. 153 of 2018; L.N. 98 of 2019; L.N. 161 of 2020; L.N. 177 of 2022; L.N. 123 of 2023; L.N. 120 of 2024; L.N. 203 of 2025)
(Added 56 of 1997 s. 5)
(Format changes—E.R. 2 of 2012)
| Column 1 | Column 2 |
| Article | Monthly rate (HK$) |
| 18 | 6,861.03 |
| 21 | 4,184.93 |
| 26A | 3,988.99 |
(Amended L.N. 489 of 1997; L.N. 308 of 1998; L.N. 217 of 1999; L.N. 134 of 2005; L.N. 172 of 2006; L.N. 172 of 2007; L.N. 210 of 2008; L.N. 175 of 2009; L.N. 106 of 2010; L.N. 132 of 2011; L.N. 110 of 2012; L.N. 141 of 2013; L.N. 111 of 2014; L.N. 169 of 2015; L.N. 116 of 2016; L.N. 147 of 2017; L.N. 153 of 2018; L.N. 98 of 2019; L.N. 161 of 2020; L.N. 177 of 2022; L.N. 123 of 2023; L.N. 120 of 2024; L.N. 203 of 2025)