Cap. 94 《孤寡撫恤金條例》Widows and Orphans Pension Ordinance

In this Ordinance, unless the context otherwise requires—

(Amended 50 of 1911; 12 of 1912 Schedule; 5 of 1924 s. 36; 2 of 1931 s. 5; 33 of 1939 Schedule)

(Repealed 3 of 1993 s. 35)

The child of an officer who is or has been adopted by any other person under and in accordance with the provisions of the Adoption Ordinance (Cap. 290) (other than section 5(1)(c) of that Ordinance), or in such other manner as is referred to in section 17 or 20F of that Ordinance— (Amended 28 of 2004 s. 35; E.R. 3 of 2021)

Subject to subsection (4) and save as otherwise provided, the salary of an officer shall be determined for the purposes of this Ordinance in accordance with the provisions of this section. (Amended 36 of 1987 s. 39)

Salary—

means the aggregate of—

Salary, in respect of service after the 30th day of June 1959 but prior to the 1st day of April 1965 (other than service for which an officer continued to be in receipt of a salary on a scale applicable prior to the 1st day of July 1959), means the aggregate of—

Salary, in respect of service after the 31st day of March 1965, means—

In the case of an officer who has elected and who has subsequently opted under subsections (1) and (3) of section 8 of the Pension Benefits Ordinance (Cap. 99), salary, in respect of his service from the material date which is determined for the purposes of regulation 16(5) of the Pension Benefits Regulations (Cap. 99 sub. leg. A), means the aggregate of—

In the case of an officer whose application under section 9(2) and (7) of the Pension Benefits (Judicial Officers) Ordinance (Cap. 401) is approved, salary, in respect of his service from the material date which is determined for the purposes of regulation 16(5) of the Pension Benefits (Judicial Officers) Regulations (Cap. 401 sub. leg. A), means the aggregate of the salary of the officer’s substantive appointment or appointments and personal allowances. (Added 85 of 1988 s. 46)

No officer shall be required to contribute under this Ordinance if, and for so long as, he is contributing to an approved scheme, or if he has completed his contributions to an approved scheme: (Amended 2 of 1931 s. 3)Provided that this subsection shall have no effect and shall be deemed never to have had effect in relation to an approved scheme which, prior to 1 July 1997, has been declared by the Secretary of State of the United Kingdom to be a List II scheme. (Added 72 of 1967 s. 3. Amended 63 of 1999 s. 3)

For the purposes of this section, an approved scheme means a scheme for the granting of pensions to the widows and children of Government officers, established in a place outside Hong Kong, which prior to 1 July 1997, has been declared by the Secretary of State of the United Kingdom to be an approved scheme for the purposes of this section. (Amended 63 of 1999 s. 3; 21 of 2024 s. 67)

Any claim for exemption under this section must be in writing and must reach the Secretary for the Civil Service within three months after the officer commences to draw salary from this Government or such extended period as the Secretary for the Civil Service may in any particular case allow. (Amended 33 of 1939 Schedule; 72 of 1973 s. 2; L.N. 226 of 1976; L.N. 242 of 1994; L.N. 362 of 1997; 10 of 2005 s. 3)

An officer who under this section has obtained exemption from becoming a contributor under this Ordinance may not subsequently become a contributor under this Ordinance unless—

Nothing in this section shall exempt an officer, who on reappointment to the service of this Government is already a contributor under this Ordinance, from continuing his contributions under this Ordinance. (Replaced 33 of 1939 Schedule)

If an officer obtains exemption under this section, any contributions previously made by him under this Ordinance while his claim for exemption is pending or during either of the periods mentioned in subsection (3) shall be returned to him without interest. (Replaced 33 of 1939 Schedule)

It shall be lawful for the Chief Executive to appoint any number of officers not exceeding five and not less than three as directors, of whom one shall be nominated as Chairman by the Chief Executive, for the purpose of carrying out the provisions of this Ordinance, and to cancel the appointment of any such person. (Amended 12 of 1910 s. 3; 50 of 1911 s. 4; 51 of 1911; 12 of 1912 Schedule; 13 of 1912 Schedule; 33 of 1939 Schedule; 20 of 1965 s. 2; 63 of 1999 s. 3)

In the event of the death or absence from Hong Kong of a director, or in the event of the cancellation of the appointment of any director, the Chief Executive may appoint another officer to be a director in his place. (Amended 12 of 1910 s. 3; 50 of 1911; 51 of 1911; 12 of 1912 Schedule; 13 of 1912 Schedule; 33 of 1939 Schedule; 36 of 1987 s. 39; 63 of 1999 s. 3)

Appointments of directors and cancellations thereof shall take effect from the notification thereof in the Gazette. (Added 51 of 1911; 13 of 1912 Schedule)

At every meeting of the directors the chairman, and in his absence the senior officer present, shall preside. Every question shall be decided by the vote of the majority present at the meeting; the chairman or in his absence the officer presiding shall have a casting vote in addition to his vote as director. There shall be no meeting at which there shall not be at least three directors present and voting. (Amended 50 of 1911; 51 of 1911; 12 of 1912 Schedule; 13 of 1912 Schedule; 33 of 1939 Schedule; 20 of 1965 s. 2)

Subject to the provisions of sections 31 and 32, a monthly abatement of four per cent shall be made from the salary or pension of every officer, and such abatements shall be credited to the general revenue: Provided that in the case of an officer holding or having held a post the salary of which is on a sterling basis, the abatement shall be made in dollars at four per cent of such salary or pension converted into dollars at the average demand rate of exchange from the 15th day of the preceding month to the 15th day of the month of payment. Such contributions shall continue to be payable on the full salary whenever an officer is on leave of absence with half salary or without salary. (Amended 50 of 1911 s. 4; 51 of 1911; 12 of 1912 Schedule; 13 of 1912 Schedule; 21 of 1912 s. 2; 5 of 1924 Schedule; 33 of 1939 Schedule; 17 of 1963 s. 3)

In the case of an officer holding a post the salary of which is on a dollar basis, the abatement shall be made in dollars at four per cent of his nominal salary. (Added 1 of 1911 s. 2. Amended 50 of 1911; 12 of 1912 Schedule; 33 of 1939 Schedule)

Contributions made by officers holding or having held posts, the salary of which is on a sterling basis, shall for the purpose of calculating pensions be deemed to be fixed sterling contributions, and the pensions shall accordingly be fixed and payable in sterling, or if paid in Hong Kong, shall be converted into dollars at the average demand rate of exchange from the 15th day of the preceding month to the 15th day of the month of payment. (Amended 5 of 1924 Schedule; 36 of 1987 s. 39)

The abatement aforesaid shall be made by the Director of Accounting Services, or in case of payments made by the Crown Agents, by the Crown Agents, on each occasion of payment of salary or pension, and shall be placed to the credit of the general revenue: (Amended 50 of 1911 s. 4; 51 of 1911; 13 of 1912 Schedule; 21 of 1912 s. 2; 33 of 1939 Schedule; L.N. 16 of 1977; L.N. 453 of 1993) Provided that— (a)when a contributor on leave of absence is paid by the Crown Agents, he shall be entitled to receive only ninety-six per cent or forty-six per cent of his nominal salary, according as he is on full or half pay leave, converted (in the case of dollar salaries) into sterling at the rate of exchange at which such contributor is entitled to receive such salary; (b)when a contributor’s pension is paid by the Crown Agents, such pension (i) if a dollar pension shall, subject to the provisions of sections 12 and 13, be reduced by four per cent of its nominal dollar value, and the balance thus reduced shall be payable to him, converted into sterling at the rate of exchange at which he is entitled to receive such pension, and (ii) if a sterling pension shall be payable to him, reduced by four per cent. (Amended 50 of 1911; 12 of 1912 Schedule; 33 of 1939 Schedule)

In the event of such abatement not being made, every officer shall pay to the Director of Accounting Services or Crown Agents, within fifteen days after the receipt by him of his monthly salary or pension, a sum equal to four per cent thereof; and in the event of any officer being on leave without salary, he shall pay, before the 15th day of every month during the continuance of such leave, to the Director of Accounting Services or Crown Agents, a sum equal to four per cent upon the full salary which he would have received monthly if he had not been on leave. All sums due under this subsection, and all arrears of contributions due and payable under this Ordinance, shall be a debt due by the officer, and shall be payable to the Director of Accounting Services or Crown Agents, with interest at six per cent, forthwith or by such instalments as the directors may determine. The Director of Accounting Services or Crown Agents shall, on the written order of the directors or of any two of them, deduct from any moneys which may be or may become due or payable to the officer by whom such debt is payable the whole or any part thereof. (Amended 50 of 1911; 51 of 1911; 12 of 1912 Schedule; 13 of 1912 Schedule; 33 of 1939 Schedule; L.N. 16 of 1977; L.N. 453 of 1993)

In this section—

Notwithstanding anything in this Ordinance to the contrary, an officer who from any cause whatever ceases to belong to the public service and retires on pension or has ceased to belong to the public service and retired on pension may at any time, in lieu of being subject to any further abatement from either salary or pension, elect by notice in writing to the Director of Accounting Services to discontinue being a contributor under this Ordinance whereupon he shall not be required to make any further contribution and any pension to his widow or children (if any) shall be computed on the basis of the potential benefit acquired by such contributor at the date of his ceasing to contribute.

An election under subsection (1) shall be irrevocable, and shall be effective—

Except as provided in sections 12 and 13, an officer who from any cause whatever ceases to belong to the public service and retires on pension and who is required to continue to make contributions under this Ordinance shall not be called upon to make any further contribution beyond a monthly abatement of four per cent on such pension to commence from the date of his retirement until he attains sixty-five years of age or has been subject to abatement for thirty-five years, when such abatement shall cease. (Amended 51 of 1911; 13 of 1912 Schedule; 33 of 1939 Schedule; 72 of 1967 s. 6)

An officer being a widower with children pensionable under this Ordinance at the time when he leaves the public service shall on the last of such children ceasing to be pensionable cease to contribute and to have any rights under this Ordinance unless, before the last of such children ceases to be pensionable, he re-marries. (Amended 51 of 1911; 13 of 1912 Schedule; 72 of 1967 s. 6)

An officer who, having continued to contribute after leaving the public service, subsequently becomes a widower, shall thereupon, or upon the last of any of his children ceasing to be pensionable (whichever event last happens), cease to contribute and to have any rights under this Ordinance unless, in the case of an officer with children pensionable under this Ordinance at the time when he becomes a widower, he re-marries prior to the last of such children ceasing to be pensionable. (Replaced 17 of 1963 s. 4. Amended 72 of 1967 s. 6)

A bachelor or a widower without children pensionable under this Ordinance, who leaves the public service with or without pension on transfer or on retirement or on dismissal or otherwise, shall not be required to make any further contribution, and shall receive back, unless he elects to continue being a contributor—

Provided that, in the case of an officer who is dismissed from the public service, contributions repayable under paragraphs (a) and (b) shall be repaid without interest.

Where a bachelor or a widower without children pensionable under this Ordinance dies while in the public service, his legal representative shall receive back—

For the purposes of subsection (1), unless within six months after the date when he leaves the public service an officer has by notice in writing to the Director of Accounting Services elected to continue being a contributor, he shall be deemed to have elected to discontinue being a contributor. (Amended L.N. 16 of 1977; L.N. 453 of 1993)

Subject to the provisions of section 15, in the case of an officer who, prior to 1 July 1997, leaves the public service on transfer to any office outside Hong Kong that is under the administration of the United Kingdom, an election made under subsection (1) shall be irrevocable. (Amended 63 of 1999 s. 3; 21 of 2024 s. 67)

Where—

he shall receive back—

Where a contributor under this Ordinance elects under section 15A(1) to cease to make contributions, he shall receive back the amount of the contributions made after the effective date of his election without interest. (Added 3 of 1993 s. 37)

For the purposes of this section, interest shall be calculated at two and a half per cent per annum with annual rests on the 31st day of December in each year; the interest beginning to accrue in respect of each contribution on the 1st day of January following the day upon which the contribution is paid and ceasing on the last day of the month preceding the month in which payment under this section is made.

Where contributions become repayable under this section and at the time the officer has acknowledged a debt as being due to the Government or the existence of such a debt has been established in any court, the amount of such debt shall be deducted from the contributions so repayable.

Whenever the salary of an officer becomes reduced by abatement of his emoluments or by retirement on pension, then, if he is an officer who is required to continue to make contributions under this Ordinance, he may elect to continue to contribute upon the higher salary which he was receiving previous to such reduction, and subject to the same terms and conditions as if he had continued to draw the higher salary: Provided that— (a)such officer shall notify his decision to the Director of Accounting Services within one month after the date of the abatement or within four months after the date of his retirement; and (b)if such officer fails to notify his decision to the Director of Accounting Services within one month or four months, as the case may be, or if he dies before he has notified his decision, he shall be deemed to have elected to contribute on the lower salary or pension. (Amended 50 of 1911; 51 of 1911; 12 of 1912 Schedule; 13 of 1912 Schedule; 33 of 1939 Schedule; 72 of 1967 s. 7; L.N. 16 of 1977; L.N. 453 of 1993)

If such officer does not elect so to continue to contribute upon the higher salary, and contributes on the lower salary or pension, any pension to his widow or children shall be diminished by the amount by which it would have been increased had such officer’s salary been increased and not diminished. (Amended 51 of 1911; 13 of 1912 Schedule; 33 of 1939 Schedule)

A contributor under this Ordinance may, subject to such terms as the Secretary for the Civil Service may specify in a circular issued by him, elect—

to cease to make contributions under this Ordinance.

An election—

(Repealed 21 of 2024 s. 69)

The Secretary for the Civil Service may in his absolute discretion in any special circumstances extend the period for making any election under subsection (1).

Every officer who becomes liable to contribute under this Ordinance shall, within three months from the date of his becoming liable to contribute, forward to the Director of Accounting Services a declaration setting forth—

Every officer who marries shall, within three months from the date of his marriage, forward to the Director of Accounting Services a declaration setting forth—

Every officer shall, within three months from the date of the event, forward to the Director of Accounting Services a declaration setting forth—

Every officer whose wife dies or is divorced from him, or whose child dies or is adopted by some other person, or whose female child is married, and the guardian of every child who dies or is adopted by some other person or of every female child who is married, shall, within three months thereof, forward to the Director of Accounting Services a declaration setting forth the date of such death, divorce, adoption or marriage.

The provisions of this section requiring the supply of information in respect of an adopted child (whether a child adopted by an officer or an officer’s child adopted by any other person) and a legitimated child shall apply in relation to a child adopted or legitimated by marriage before the date of enactment of the Widows and Orphans Pension (Amendment) (No. 2) Ordinance 1967 (72 of 1967) if on such date such child is pensionable under this Ordinance or would be entitled to a pension or a share in a pension under this Ordinance but for the provisions of subsection (4) of section 2, but in such a case the period of three months specified in the foregoing provisions of this section shall commence on the date of the enactment of that Ordinance.

Any declaration under this section shall, if at any time the directors so require, be verified by the production of birth, death, marriage or other certificate or by affidavit or otherwise, to the satisfaction of the directors, and until so verified no regard whatsoever shall be had of the occurrence of the event notified in such declaration.

Every officer who, in the judgment of the directors—

The Director of Accounting Services shall, on the judgment of the directors being notified to him, deduct the amount of such fine from the first moneys payable to the officer as salary or otherwise, and shall pay such amount into the general revenue. (Amended 51 of 1911; 13 of 1912 Schedule; 33 of 1939 Schedule; L.N. 16 of 1977; L.N. 453 of 1993)

No widow of an officer, whose marriage was contracted after he had ceased to contribute, and no child of such marriage shall be entitled to a pension unless the directors, in their absolute discretion and upon application in writing, decide otherwise. (Amended 50 of 1911; 51 of 1911; 12 of 1912 Schedule; 13 of 1912 Schedule; 3 of 1993 s. 41)

(Repealed 36 of 1987 s. 39)

Subject to subsections (2) and (3), the allowance or pension payable to an orphan shall cease in the case of a male at the age of 18 years, and in the case of a female at the age of 18 years (where she is married) or at the age of 21 years (where she is not married).

Where an orphan has been receiving continuous full-time education at any university, college, school or other educational establishment since attaining—

the allowance or pension payable to such orphan shall, subject to subsection (2A), cease at the age of 23 years or the day on which he ceases to receive such education, whichever is the earlier.

A pension that has ceased under subsection (2) may be paid again during the period before the orphan attains the age of 23 years when such full-time education is resumed. (Added 98 of 1994 s. 7)

Where an orphan is accepted by the Directors as mentally or physically disabled so that he cannot reasonably be expected to be financially independent the allowance or pension payable to him shall continue as long as he remains to be so disabled.

The pension payable to the widow of a contributor shall cease on her death or remarriage.

If on the cessation under subsection (1) of such pension there are no pensionable children of the marriage of the widow with the contributor, such widow shall, for the purposes of this section, be considered as dead and the pension payable to her shall lapse.

If on the cessation under subsection (1) of such pension there are pensionable children of such marriage such pension shall be continued and paid as provided in section 21 to such children as if they have no living mother or stepmother entitled to a pension.

A widow of a contributor—

Where under subsection (4)(b) a widow has become entitled to the pension which was payable to her before her remarriage, on such pension ceasing to be payable to her under subsection (1), the pensionable children of her marriage with her husband shall be entitled to the pension that would have been payable to her by virtue of her marriage with her husband.

For the purposes of this section—

When an officer dies leaving a widow and children other than issue of her marriage with the officer, such children shall be entitled each to a share or portion of 50% of the pension to which their mother would have been entitled had— (Amended 98 of 1994 s. 8)

The share or portion referred to in subsection (1) shall be calculated in accordance with the provisions of section 21. (Added 3 of 1993 s. 43)

The widow of such officer shall be entitled to one-half of the pension to which she would have been entitled if there had been no such children; and when such children cease to be entitled to pension, then she shall be entitled to the whole of the pension which she would have received if there had been no such children. (Replaced 33 of 1939 Schedule)

If the widow dies leaving no issue of her marriage with the officer, the children other than such issue shall be entitled to such pensions as if the officer had not contracted such subsequent marriage. (Amended 51 of 1911; 13 of 1912 Schedule; 3 of 1993 s. 43)

If the widow dies leaving children such children shall, whether or not they are the issues of her marriage with the officer, be entitled each to a share or portion of the pension to which their mother was entitled, such share or portion being calculated in accordance with the provisions of section 21. (Amended 51 of 1911; 13 of 1912 Schedule; 3 of 1993 s. 43)

In any case in which a minor is entitled to payment of a pension or portion of a pension, it shall be lawful for the directors to appoint a fit and proper person to whom such pension shall be paid on behalf of such minor. (Amended 50 of 1911; 12 of 1912 Schedule)

Such appointment shall be in writing under the hand of at least three of the directors, and the receipt of such person shall be a legal discharge for the payment of such pension or portion thereof.

No pension payable under this Ordinance shall be assigned or transferred, and every assignment or transfer thereof shall be absolutely null and void and of no effect.

No such pension shall be attached, or levied upon, or arrested, or taken in execution on account of any debt or payment due by the person to whom such pension is payable: Provided that any contribution or other sum due under this Ordinance from a deceased officer may be deducted from any pension payable under this Ordinance to or on behalf of the widow or children of such officer. (Added 72 of 1967 s. 12)

When, after the commencement of the Widows and Orphans Pension (Amendment) Ordinance 1963 (17 of 1963), an officer first becomes liable to contribute at a rate in excess of one hundred and twenty-five dollars per mensem, he may by notice in writing to the Director of Accounting Services elect—

Where, prior to the commencement of the Widows and Orphans Pension (Amendment) Ordinance 1963 (17 of 1963), an officer has become liable to contribute at a rate in excess of one hundred and twenty-five dollars per mensem, he may by notice in writing to the Director of Accounting Services elect—

For the purpose of subsection (1), unless within three months after the date when he first became liable to contribute more than one hundred and twenty-five dollars per mensem, or such longer period as the directors may in any particular case allow, an officer has made his election, he shall be deemed to have elected to contribute at the rate provided by section 8.

For the purposes of subsection (2)—

Where, under the provisions of this section, an officer has elected to contribute at the rate provided by section 8, he may at any time, by notice in writing to the Director of Accounting Services, elect to contribute at the rate at which he was contributing at the date of such notice.

Save as provided in subsection (5), an election made under this section shall be irrevocable.