To make provision for the granting of pension benefits in respect of the public service, and for purposes connected therewith.
[1 July 1987]
(Format changes—E.R. 7 of 2020)
This Ordinance may be cited as the Pension Benefits Ordinance.
In this Ordinance, unless the context otherwise requires—
additional pension (額外退休金) means an additional pension granted under section 15 or 16; authorized increase (特准增加額) has the same meaning as in the Pensions (Increase) Ordinance (Cap. 305); child (子女) in relation to an officer— (Amended 28 of 2004 s. 35) (a)includes—(i)an illegitimate child, a step-child and a child adopted by the officer; and(ii)a child of the officer adopted by another person under an adoption order granted under paragraph (c) of section 5(1) of the Adoption Ordinance (Cap. 290) where the officer is the parent referred to in that paragraph; but (b)subject to paragraph (a)(ii), does not include a child of the officer adopted by another person; (Replaced 3 of 1993 s. 46. Amended 28 of 2004 s. 35) commuted pension gratuity (經折算的退休酬金) means the commuted pension gratuity referred to in section 24(1); compensation scheme (補償計劃) means a compensation scheme approved under section 13; death gratuity ( ) means a death gratuity payable under section 20; deferred pension (延付退休金) means a pension granted to an officer but the payment of which is deferred under section 7(a); dependant pension (受養人退休金) means a pension granted under section 19 to a dependant of a deceased officer; designated officer (指定人員) means an officer who is for the time being appointed under section 29A(1); (Added 86 of 1988 s. 2) established office (設定職位) means— (a)in respect of service under the Government, an office which—(i)by virtue of provision for the time being in force in an Order made by the Chief Executive and published in the Gazette, is declared to be an established office; and any such Order may specify a date prior to such Order from which the office is deemed to be an established office; and any such Order may from time to time be amended, added to or revoked by an Order so made and published; but where by virtue of any such amendment or revocation any office ceases to be an established office, then so long as any officer holding that office at the time of the amendment or revocation continues therein, the office shall, as respects that officer, continue to be an established office; or (ii)immediately preceding 1 July 1987 was pensionable whether to holders of such office generally or to a particular holder; and such office shall be an established office until declared to be no longer an established office by an Order made by the Chief Executive and published in the Gazette; and such Order shall have the like effect as an Order made under subparagraph (i) revoking an Order made under this Ordinance; but no declaration that any office is an established office shall be deemed to imply that any holder thereof who is not confirmed in an established office at the date of his retirement shall be the holder of an established office; or (iii)by virtue of an Order made by the Chief Executive and published in the Gazette, is declared to be deemed to have been an established office; and any such Order may specify the period during which the office is deemed to have been an established office; (Amended 63 of 1999 s. 3) (b)in respect of other public service, an office which is for the time being a pensionable office under the law or regulations in force in such service; expatriation pay (外地僱員津貼) means a special addition to salary granted in accordance with the provisions of the administrative rules known as the Government Regulations and of any other administrative rules or instruments regulating the public service which govern such pay; (Amended 63 of 1999 s. 3) highest pensionable emoluments (最高可供計算退休金的薪酬) means the highest annual pensionable emoluments determined in accordance with the regulations; judicial officer (司法人員) means an officer holding a judicial office as defined in the Public Service Commission Ordinance (Cap. 93); non-established office (非設定職位) means an office in the public service which is not an established office; notional highest pensionable emoluments (理論上最高可供計算退休金的薪酬) means the highest pensionable emoluments enjoyed or drawn by an officer during his service which are deemed for the purposes of this Ordinance to be increased in value by the same percentage as the authorized increase since the date when he left the service up to the date he attains his retirement age or the date of his death, whichever is the earlier; officer (人員) means any person who is appointed or re-appointed to the public service and to whom this Ordinance applies; other public service (其他公職、其他公職服務) means public service not under the Government; pension (退休金) means any pension or deferred pension (other than an additional pension or a dependant pension) granted, payable or paid under this Ordinance, and pensioner (領取退休金的人) means a person to whom such pension has been granted, payable or paid; pension benefits (退休金利益) means any pension, additional pension, dependant pension, death gratuity, commuted pension gratuity, short service gratuity or other benefits granted, payable or paid under this Ordinance; pensionable emoluments (可供計算退休金的薪酬) means— (a)in respect of service of an officer under the Government, the emoluments specified in section 22(1)(a), (b), (c) or (ca) and (2), and where provided includes pensionable emoluments enjoyed or drawn by him and his notional pensionable emoluments; and (b)in respect of an officer in other public service, the emoluments referred to in section 22(1)(d); (Amended 4 of 1993 s. 15) pensionable emoluments enjoyed or drawn (享有或支取的可供計算退休金的薪酬) includes the pensionable emoluments that an officer on leave without salary would have enjoyed or drawn if he had been on duty on full pensionable emoluments; pensionable service (可供計算退休金的服務期、可供計算退休金的服務) means service which may be taken into account in computing pension benefits; personal allowance (個人津貼) means a special addition to a salary granted personally to the holder for the time being of an office if it is granted subject to the condition that it shall be taken into account in computing pension; public service (公職、公職服務) and service (任職、服務、服務期) mean— (a)with respect to an officer appointed on or after 1 July 1997—(i)service in a civil capacity under the Government;(ii)any other service that the Chief Executive has determined to be public service for the purposes of this Ordinance; (Replaced 63 of 1999 s. 3) (b)with respect to an officer appointed before 1 July 1997—(i)service in a civil capacity under the Government or any country or territory in the Commonwealth;(ii)service in a civil capacity under the East Africa High Commission, the East African Common Services Organization, the East African Posts and Telecommunications Administration, the East African Railways and Harbours Administration, the East African Community, the East African Harbours Corporation, the East African Posts and Telecommunications Corporation, the East African Railways Corporation or any of their successor authorities;(iii)service which was, before 1 July 1997, pensionable—(A)under the Oversea Superannuation Scheme of the United Kingdom;(B)under any Acts of the United Kingdom relating to the superannuation of teachers in the United Kingdom;(C)under a local authority in the United Kingdom; or(D)under the National Health Service of the United Kingdom;(iv)any other service that the Chief Executive has determined to be public service for the purposes of this Ordinance;(v)except for the purposes of computation of a pension or gratuity and of section 21, service in respect of which a pension could, before 1 July 1997, have been granted under the Governor’s Pensions Act 1957 of the United Kingdom (1957 c. 62 U.K.) or the Governors’ Pensions Scheme 1979 or any Act of the United Kingdom or Scheme amending or replacing that Act or Scheme;(vi)service as the holder of the office of President, Vice-President, Justice of Appeal, Registrar, officer or servant of the Court of Appeal for Eastern Africa or the Court of Appeal for East Africa;(vii)service in a civil capacity in the service of the Interim Commission for the West Indies;(viii)pensionable service with the British Telecommunication and the Post Office, United Kingdom of Great Britain and Northern Ireland; (Replaced 63 of 1999 s. 3) (c)-(h)(Repealed 63 of 1999 s. 3) Public Service Commission (公務員敍用委員會) means the Public Service Commission established by the Public Service Commission Ordinance (Cap. 93); qualifying service (符合領取退休金利益資格的服務期) means the period of service calculated as qualifying service in accordance with the regulations; reduced pension (經扣減的退休金) means the reduced pension referred to in section 24(1); retirement (退休) means retirement from the public service; retirement age (退休年齡) means the retirement age specified in section 10, other than the age at which an officer may retire voluntarily, and which is applicable to the officer concerned, whether or not he is in the service when he attains his retirement age; salary (薪金) means the substantive salary attached to any established or non-established office in the service; Scheduled officer (附表人員) means any officer of a rank or grade specified in the Schedule who is in service under the Government in the— (a)Correctional Services Department; (b)Customs and Excise Department; (c)Fire Services Department; (d)Immigration Department; (Amended 98 of 1994 s. 9) (e)Hong Kong Police Force; or (Amended 98 of 1994 s. 9; L.N. 362 of 1997) (f)Government Flying Service; (Added 98 of 1994 s. 9) service under the Government (任職政府、任職於政府、任職政府的服務、任職政府的服務期) shall be deemed to include, as service in a non-established office— (a)service, other than service as a doctor, in a Chinese Public Dispensary administered by the Chinese Public Dispensaries Committee under the then Secretary for Home Affairs; and (b)service under the District Watch Force administered by the District Watch Committee under the then Secretary for Home Affairs, when such service has been followed without a break by service under the Government; serving officer (在職人員) means an officer who has opted in accordance with subsection (1) of section 8 and whose option has not been rejected under subsection (2) of that section; short service gratuity (短期服務酬金) means a short service gratuity granted to an officer under section 32; special allowance (特別津貼) means a special addition to salary declared to be pensionable by a resolution of the Legislative Council under section 3; spouse (配偶) means the person to whom an officer is, by reason of the form of marriage contracted, lawfully married; the regulations (規例) means regulations made under this Ordinance; wife (妻子), in relation to an officer, means— (a)the lawful wife of the officer married to him by a Christian marriage or its civil equivalent; or (b)where there is no such wife and the officer is Chinese the kit fat or tin fong wife; or (c)where there is no wife under paragraph (a) or (b) and polygamy lawfully subsists, the principal wife recognized as such by the personal law of the officer,and widow (遺孀) shall be construed accordingly.
(Amended E.R. 7 of 2020)
For the avoidance of doubt it is hereby declared that, where an officer has been confirmed in an established office and is thereafter appointed to another established office, then, unless the terms of such appointment otherwise require, such last mentioned office is, for the purposes of this Ordinance, an office in which he has been confirmed.
The amendments made to this Ordinance by the Adaptation of Laws (No. 26) Ordinance 1999 (63 of 1999) shall not affect any right accrued or accruing to any person before 1 July 1997.
(Added 63 of 1999 s. 3)
The Legislative Council may by resolution declare a special addition to salary to be pensionable as a special allowance.
A resolution under subsection (1) shall specify the date from which it shall have effect and such date may be before the date on which the resolution is passed but shall not be before 1 November 1967.
The Chief Executive may delegate the Secretary for the Civil Service or a Deputy Secretary for the Civil Service to exercise the power to make orders in respect of an established office conferred on him by the definition of established office in section 2(1).
(Added 4 of 1993 s. 16. Amended 63 of 1999 s. 3)
Subject to subsections (2) and (3) and to any exemption under section 33, this Ordinance applies to—
every officer who is appointed or re-appointed to service under the Government on or after 1 July 1987, whether on transfer from other public service or otherwise, on terms which attract pension benefits under this Ordinance;
every serving officer; and
every officer who, under section 9, is deemed to have opted under section 8(1).
No officer shall derive any pension, gratuity or other allowance under the Pensions Ordinance (Cap. 89) and pension benefits under this Ordinance in respect of the same period of service.
This Ordinance shall not apply to judicial officers.
Except as otherwise provided in this Ordinance, the entitlement to pension benefits shall be a right.
There shall be charged on and paid out of the general revenue all sums of money as may from time to time be granted by way of pension benefits.
Subject to section 26, payment of a pension granted to an officer shall be paid in monthly instalments, or less frequently if so requested by the recipient, and shall— (Amended 4 of 1993 s. 17)
in case he is an officer to whom section 11(1)(e), (f) or (j) applies—
where he is a serving officer, be deferred until he attains the age of 55 years; or
where he is a Scheduled officer who is or was appointed or re-appointed to service under the Government on or after 1 July 1987, be deferred until the day on which he attains the age of 60 years or the age prescribed by a notice under section 10(3) which is applicable to the rank or grade held by him at the time when the pension is or was granted, whichever of those days is the earlier; or
where he is an officer appointed on or after 1 July 1987, other than a Scheduled officer, be deferred until he attains the age of 60 years,
or in any such case where the Chief Executive so directs, be deferred until such day, being a day which is earlier than would otherwise be the case under this paragraph, as is specified in the direction; (Amended 63 of 1999 s. 3)
where the pension is granted under a compensation scheme, be made upon the retirement of the officer under section 11(1)(i) as prescribed in the compensation scheme; and
in any other case, be made as soon as possible after the retirement of the officer.
(Replaced 61 of 1988 s. 2)
Subject to subsection (2), an officer who is eligible for a pension or annual allowance under the Pensions Ordinance (Cap. 89) may opt under and in accordance with the terms of a Circular to be issued under and for the purposes of this section by the Secretary for the Civil Service, that all his service attracting pension or annual allowance under that Ordinance shall be taken into account as pensionable service under this Ordinance.
An option under subsection (1) shall be sent to the Secretary for the Civil Service.
Having received from an officer an option under subsection (1), if the Secretary for the Civil Service, having had regard to the circumstances of the particular case, is of opinion that to allow the officer to exercise the option would prejudice the interests of the public service, he may reject the option.
In case, pursuant to subparagraph (i), the Secretary for the Civil Service rejects an option, he shall, as soon as may be, inform the officer concerned in writing of both the rejection and the reasons therefor.
A person aggrieved by a rejection under paragraph (b)(i) relating to him may, within 30 days of the notification to him of the rejection, or such longer period as the Chief Executive may permit, petition the Chief Executive against the rejection and the Chief Executive may, as he shall think fit, either confirm the rejection or direct that the option to which the petition relates be accepted. (Amended 63 of 1999 s. 3)
The power conferred on the Secretary for the Civil Service by paragraph (b)(i) may be exercised as regards a particular option under subsection (1) at any time within the period of 12 months beginning on the day on which the option is received by him.
A serving officer in respect of whom 90% only of his substantive salary and special allowance, and 50% only of expatriation pay, is taken as pensionable emoluments under the Pensions Ordinance (Cap. 89) may further opt, at the same time as he opts under subsection (1) under and in accordance with the terms of the Circular referred to in subsection (1) that 100% of his substantive salary, special allowance and expatriation pay shall be taken into account as pensionable emoluments under this Ordinance.
The dates on which any option under subsection (1) or (3) shall become effective shall be in accordance with the Circular referred to in subsection (1).
An option exercised under subsection (1) or (3) shall be irrevocable.
An officer who is eligible to opt under section 8(1) but who dies after 1 July 1987 and before the expiry of the period within which he may so opt, shall be deemed to have so opted.
Subject to subsections (2), (3) and (4), the normal retirement age of an officer who is appointed or re-appointed to service under the Government on or after 1 July 1987, whether on transfer from other public service or otherwise, shall be when he attains the age of 60 years.
The retirement age of a serving officer, other than a Scheduled officer to whom subsection (3) applies, shall be when he attains the age of 60 years: Provided that such serving officer— (a)may retire voluntarily as provided in section 11(1)(b)(i) earlier than the age of 60 years; and (b)shall, prior to his retirement under paragraph (a), give to the Secretary for the Civil Service written notice of retirement of such duration as is specified by the Secretary for the Civil Service.
The retirement age of a Scheduled officer, who is either a serving officer or an officer appointed or re-appointed to service under the Government on or after 1 July 1987, shall be when he attains the age of 60 years or in case he holds a rank or grade, or a class of rank or grade, specified in the Schedule and in relation to which an age, being an age less than 60 years but not less than 55 years, is specified by—
in the case of a Scheduled officer of a directorate rank, the Chief Executive; or (Amended 63 of 1999 s. 3)
in the case of a Scheduled officer of a senior rank or rank and file grade, the Head of the Department concerned,
in a notice published for the purposes of this subsection in the Gazette and not withdrawn, the age so specified: (Amended 61 of 1988 s. 3)
Provided that a Scheduled officer— (i)may retire voluntarily as provided in section 11(1)(b)(ii) or (iii) earlier than the retirement age prescribed under this subsection; and (ii)shall, prior to his retirement under paragraph (i), give to the Secretary for the Civil Service (in the case of a Head of Department) or to the Head of Department concerned (in the case of any Scheduled officer other than a Head of Department) written notice of retirement of such duration as is specified by the Secretary for the Civil Service or the Head of Department, as the case may be.
The Chief Executive may approve the continued service of an officer, to whom this section applies, after he attains his retirement age. (Amended 63 of 1999 s. 3)
Each of the 6 orders published in the Gazette on 10 July 1987 in Legal Notices Nos. 206, 207, 208, 209, 210 and 211, respectively, shall be regarded as being a notice published for the purposes of subsection (3). (Added 61 of 1988 s. 4)
Unless otherwise provided in this Ordinance, no pension shall be granted to an officer except in respect of his service in a civil capacity under the Government and except—
subject to section 27(2), upon his retirement on or after attaining his retirement age, and after completion of qualifying service of not less than 10 years;
subject to section 27(2), upon his voluntary early retirement after completion of qualifying service of not less than 10 years— (Amended 4 of 1993 s. 18)
in the case of a serving officer to whom section 10(2) applies, on or after his attaining the age of 55 years;
in the case of a Scheduled officer of a directorate rank or senior rank to whom section 10(3) applies, on or after his attaining the age of 55 years;
in the case of a Scheduled officer of the rank and file grade to whom section 10(3) applies, on or after his attaining the age of 50 years;
in the case of transfer to other public service—
upon his retirement on or after attaining the age at which he is permitted by the law or regulations of the service in which he was last employed to retire on pension; or
upon his retirement in any other circumstances in which he is permitted by the law or regulations of the service in which he was last employed to retire on pension or gratuity,
but subparagraph (ii) shall not apply in the case of a female officer who retires for the reason that she has or is about to be married;
upon his retirement on the abolition of his office, and after completion of qualifying service of not less than 2 years;
subject to subsection (2), upon his retirement in the public interest, whether or not he has completed qualifying service of not less than 10 years;
subject to subsection (2) and section 29(1)(a), upon his compulsory retirement in exercise of disciplinary powers of punishment by the Government, whether or not he has completed qualifying service of not less than 10 years;
upon his compulsory retirement for the purpose of facilitating improvement in the organization of the department in which he is serving, by which greater efficiency or economy may be effected, and after completion of qualifying service of not less than 2 years;
upon his retirement on medical evidence that satisfies the Chief Executive that the officer is incapable by reason of any infirmity of mind or body of discharging the duties of his office and that such infirmity is likely to be permanent, and after completion of qualifying service of not less than 5 years; (Amended 63 of 1999 s. 3)
upon his retirement in accordance with any compensation scheme, whether or not he has completed qualifying service of not less than 10 years;
subject to subsection (2) and section 27(2), upon his resignation from the service, with the approval of the Secretary for the Civil Service, after completion of qualifying service of not less than 10 years; or
subject to section 27(2), upon his retirement on attaining the maximum pension specified in section 21. (Amended 4 of 1993 s. 18)
Unless otherwise directed by the Chief Executive, a pension granted to an officer to whom subsection (1)(e), (f) or (j) applies shall be a deferred pension. (Amended 63 of 1999 s. 3)
Retirement under subsection (1)(a) or (b), or resignation under subsection (1)(j), shall take place after the officer has served such period of service, as may be specified by the Secretary for the Civil Service, after the officer has notified the Secretary for the Civil Service of his intention to retire or resign.
An officer who is eligible for, or is granted, a pension and who is re-appointed to service under the Government, shall be granted a pension in respect of that service on completion of qualifying service of not less than 2 years during such re-appointment.
For the purposes of section 11(1)(i) the Chief Executive in Council may, from time to time, approve a compensation scheme which— (Amended 63 of 1999 s. 3)
shall apply to such officers as are specified in the scheme;
may provide for the payment of compensation, pension benefits and additional benefits to officers on their retirement, the commutation of pension benefits, the payment of death gratuities to dependants of officers, and for other matters relating thereto, other than in accordance with this Ordinance; and
shall provide for the circumstances in which compensation and other benefits are payable under the scheme.
A pension shall be granted to an officer who is permanently injured—
in the actual discharge of his duty;
not due to his own serious and wilful misconduct; and (Replaced 3 of 1993 s. 47)
on account of circumstances specifically attributable to the nature of his duty,
while in the pensionable service if his retirement is thereby necessitated or materially accelerated, notwithstanding that he has been in the public service for less than 10 years.
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 for the purposes of subsection (1) to have been injured in the circumstances described in paragraphs (a) and (c) of that subsection. (Amended 3 of 1993 s. 47)
Subject to subsection (2), if an officer is permanently injured in the circumstances described in section 14, he shall be granted an additional pension at the prescribed rate where his capacity to contribute to his own support becomes impaired at or after his retirement because of the injury and it shall be payable in accordance with the regulations.
Where an additional pension is granted under subsection (1) 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.
Subsection (1) 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 and Mesothelioma (Compensation) Ordinance (Cap. 360) or the Occupational Deafness (Compensation) Ordinance (Cap. 469). (Amended 21 of 1995 s. 40; 6 of 2008 s. 41)
An additional pension at the prescribed rate shall be granted to an officer—
who retires under section 11(1)(d) on abolition of his office; or
who is compulsorily retired under section 11(1)(g).
An additional pension granted to an officer under subsection (1) shall be payable when a pension is paid to him.
Where an officer is serving—
(Repealed 20 of 1997 s. 25)
as a member of the Hong Kong Auxiliary Police Force under the Hong Kong Auxiliary Police Force Ordinance (Cap. 233); (Amended L.N. 362 of 1997; 76 of 1999 s. 3)
as an auxiliary member of the Government Flying Service under the Government Flying Service Ordinance (Cap. 322); (Replaced 54 of 1992 s. 19)
as a member of the Essential Services Corps under the Essential Services Corps Ordinance (Cap. 197);
as a member of the Auxiliary Medical Service under the Auxiliary Medical Service Ordinance (Cap. 517); or (Added 57 of 1997 s. 34)
as a member of the Civil Aid Service under the Civil Aid Service Ordinance (Cap. 518), (Added 58 of 1997 s. 34)
and is injured in such circumstances that a pension, gratuity or other award is grantable in respect of such service, a pension, gratuity or other award may at the option of the officer be granted— (Amended 4 of 1993 s. 19)
under sections 14 and 15 in like manner as if his service had been public service under the Government within the meaning of this Ordinance and as if he had been injured in the like circumstances while in service; or (Amended 4 of 1993 s. 19)
under any Ordinance mentioned in paragraph (b), (c), (d), (e) or (f) that is applicable if he is injured before the date of the commencement* of the Auxiliary Forces Pensions (Miscellaneous Amendments) Ordinance 1997 (20 of 1997) or under the Auxiliary Forces Pay and Allowances Ordinance (Cap. 254) if he is injured on or after the date of the commencement of the Auxiliary Forces Pensions (Miscellaneous Amendments) Ordinance 1997 (20 of 1997). (Amended 20 of 1997 ss. 4 & 25)
Where an officer is serving—
(Repealed 20 of 1997 s. 25)
as a member of the Hong Kong Auxiliary Police Force under the Hong Kong Auxiliary Police Force Ordinance (Cap. 233); (Amended L.N. 362 of 1997; 76 of 1999 s. 3)
as an auxiliary member of the Government Flying Service under the Government Flying Service Ordinance (Cap. 322); (Replaced 54 of 1992 s. 19)
as a member of the Essential Services Corps under the Essential Services Corps Ordinance (Cap. 197);
as a member of the Auxiliary Medical Service under the Auxiliary Medical Service Ordinance (Cap. 517); or (Added 57 of 1997 s. 34)
as a member of the Civil Aid Service under the Civil Aid Service Ordinance (Cap. 518), (Added 58 of 1997 s. 34)
and dies in circumstances in which a pension, gratuity or other award is grantable in respect of that service, his beneficiaries shall be granted a pension, gratuity or other award— (Amended 20 of 1997 s. 4)
under section 19, unless section 19(9) applies, in like manner as if his service had been public service under the Government and as if he had died in the like circumstances while in service; or
under any Ordinance mentioned in paragraph (b), (c), (d), (e) or (f) that is applicable if he is injured before the date of the commencement* of the Auxiliary Forces Pensions (Miscellaneous Amendments) Ordinance 1997 (20 of 1997) or under the Auxiliary Forces Pay and Allowances Ordinance (Cap. 254) if he is injured on or after the date of the commencement of the Auxiliary Forces Pensions (Miscellaneous Amendments) Ordinance 1997 (20 of 1997), (Amended 20 of 1997 ss. 4 & 25)
as directed by the Director of Accounting Services on the basis of his judgment as to which of paragraph (i) or (ii) is more beneficial to the beneficiaries as a whole. (Replaced 4 of 1993 s. 19. Amended E.R. 7 of 2020)
(Amended 57 of 1997 s. 34; 58 of 1997 s. 34)
| The operation of this provision is affected by the following savings provisions— | ||
| (1) | section 23(2) of 20 of 1997; and | |
| (2) | section 33(2) of Cap. 517 and Cap. 518. | |
| Commencement date: 9 May 1997. | ||
Where an officer leaves the public service and a pension or short service gratuity cannot, except by the application of section 33, be granted to him under this Ordinance, the Chief Executive may, if he thinks fit, grant such ex gratia payment to the officer as he thinks just and proper.
(Amended 4 of 1993 s. 20; 63 of 1999 s. 3)
Subject to subsection (3), where an officer dies as a result of injuries received—
in the actual discharge of his duty;
not due to his own serious and wilful misconduct; and (Replaced 3 of 1993 s. 48)
on account of circumstances specifically attributable to the nature of his duty,
while in service under the Government, the Chief Executive shall grant, in addition to a death gratuity (if any)— (Amended 63 of 1999 s. 3)
if the officer leaves a spouse, a dependant pension to the spouse at a rate of one-sixth of the officer’s annual pensionable emoluments at the date of the injury or $12,000 a year, whichever is the greater: (Amended 3 of 1993 s. 48; 4 of 1993 s. 21) Provided that the Chief Executive may, in his discretion, grant a dependant pension under this paragraph at a rate not exceeding one-fourth of such pensionable emoluments; (Amended 63 of 1999 s. 3)
if the deceased officer leaves a spouse to whom a dependant pension is granted under paragraph (i) and one or more children, a dependant pension to each child of an amount of one-eighth of the dependant pension granted in accordance with paragraph (i); (Amended 4 of 1993 s. 21)
if the deceased officer leaves one or more children, but does not leave a spouse or leaves a spouse to whom no dependant pension is granted, a dependant pension to each child of double the amount in accordance with paragraph (ii): Provided that the dependant pension granted to a child or children under this paragraph shall be not less than $6,000 a year where no other dependant pension is granted under this section;
if the deceased officer leaves one or more children and a spouse to whom a dependant pension is granted, and the spouse subsequently dies or ceases for any other reason to receive the dependant pension, a dependant pension to each child as from the date of the death of the spouse, or the date on which a dependant pension to the spouse ceases, of double the amount in accordance with paragraph (ii): (Amended 3 of 1993 s. 48) Provided that the dependant pension granted to a child or children under this paragraph shall be not less than $6,000 a year where no other dependant pension is granted under this section;
if the deceased officer does not leave a spouse, or leaves a spouse to whom no dependant pension is granted, and if—
the mother or father of the deceased officer was wholly or mainly dependent on the officer financially, a dependant pension to the mother or father, while she or he is without adequate means of support, of an amount not exceeding the dependant pension which could have been granted to the spouse under paragraph (i); and
both his mother and father were wholly or mainly dependent on the officer financially, a dependant pension to each of them, while she or (where appropriate) he is without adequate means of support, of an amount not exceeding half of the dependant pension which could have been granted to the spouse under paragraph (i). (Replaced 3 of 1993 s. 48. Amended E.R. 7 of 2020)
(Repealed 3 of 1993 s. 48)
A dependant pension shall be payable as soon as possible after the death of the officer and shall be paid in monthly instalments, or less frequently if so requested by the recipient. (Amended 4 of 1993 s. 21)
A dependant pension—
shall not be payable under subsection (1) at any time in respect of more than 6 children, whether or not such children are the first 6 children of the officer; (Amended 3 of 1993 s. 48)
when granted under subsection (1) shall cease—
in the case of a child, at the appropriate time provided in subsection (4);
in the case of the deceased officer’s mother or father, as from such date as the Chief Executive may determine if it appears to him at any time that the mother or (where appropriate) father is adequately provided with other means of support. (Replaced 3 of 1993 s. 48. Amended 63 of 1999 s. 3)
(Repealed 3 of 1993 s. 48)
A dependant pension granted under subsection (1) to a child of an officer appointed or reappointed to service under the Government before the day appointed under subsection (4A) shall, subject to subsection (4B), cease— (Amended 3 of 1993 s. 48)
in the case of a male child—
at the age of 18 years unless at the time he attains that age he is receiving full-time education;
at the time at which he has since attaining the age of 18 years ceased to receive continuous full-time education: Provided that a dependant pension that has ceased under this subparagraph may be paid again during the period when the full-time education is resumed; or
at the age of 23 years,
whichever first occurs;
in the case of a female child—
(where she is married) at the age of 18 years unless at the time she attains that age she is receiving full-time education; (Replaced 3 of 1993 s. 48)
(where she is not married) at the age of 21 years unless at the time she attains that age she is receiving full-time education; (Replaced 3 of 1993 s. 48)
at the time at which she has since attaining the age of 18 years (where she is married) or 21 years (where she is not married) ceased to receive continuous full-time education: (Amended 98 of 1994 s. 10) Provided that a dependant pension that has ceased under this subparagraph may be paid again during the period when the full-time education is resumed; or
at the age of 23 years,
whichever first occurs.
A dependant pension granted under subsection (1) to a child of an officer appointed or reappointed to service under the Government on or after a day appointed* by the Secretary for the Civil Service for the purposes of this subsection by notice in the Gazette shall, subject to subsection (4B), cease—
at the age of 18 years unless at the time he attains that age he is receiving full-time education at any university, college, school or other educational establishment; or
at the time at which he has since attaining the age of 18 years ceased to receive continuous full-time education at any university, college, school or other educational establishment: Provided that a pension that has ceased under this paragraph may be paid again during the period when such full-time education is resumed; or
at the age of 23 years,
whichever first occurs. (Added 3 of 1993 s. 48)
Where a child to whom a dependant pension is granted under subsection (1) is accepted by the Secretary for the Civil Service as mentally or physically disabled to such extent that he cannot reasonably be expected to be financially independent, the pension shall continue to be payable so long as he remains so disabled. (Added 3 of 1993 s. 48)
For the purposes of subsections (4) and (4A)— (Amended 3 of 1993 s. 48)
a child on normal university, college, school or other educational establishment holidays or awaiting for a normal period for admission to a university, college, school or other educational establishment is receiving full-time education.
For the purposes of this section—
An officer who dies as a result of injuries received while travelling by any means in pursuance of official instructions or in the course of his duties shall be deemed for the purposes of subsection (1) to have died in the circumstances described in paragraphs (a) and (c) of that subsection. (Amended 3 of 1993 s. 48)
Where a dependant pension is granted under subsection (1) in respect of an injury which was caused in circumstances creating a legal liability in a person other than the Government, the Government may take proceedings against the person to recover an amount not exceeding the commuted lump sum determined in accordance with section 19A. (Added 98 of 1994 s. 10)
This section shall not apply in the case of the death of any officer if his members of the family, as defined in section 3 of the Employees’ Compensation Ordinance (Cap. 282) or section 2 of the Pneumoconiosis and Mesothelioma (Compensation) Ordinance (Cap. 360), are entitled to and have received compensation under any of those Ordinances in respect of such death. (Amended 52 of 2000 s. 31; 6 of 2008 s. 42)
The Legislative Council may, by resolution, vary in respect of officers dying after such date as may be specified in the resolution, the sum of $12,000 specified in subsection (1)(i) and the sum of $6,000 specified in subsection (1)(iii) and (iv): Provided that no such resolution may provide for a decrease in the minimum dependant pension in relation to officers dying before the date of the resolution.
A person to whom a pension is payable under section 19 may within 3 months after the commencement of the payment of the pension or such longer period as the Secretary for the Civil Service may approve apply in writing to the Secretary to commute the pension into a lump sum.
A lump sum referred to in subsection (1) shall be computed in accordance with an actuarial table prepared from time to time by an actuary appointed by the Chief Executive. (Amended 63 of 1999 s. 3)
Where an application is made under subsection (1) in respect of a deceased officer, any pension granted in respect of him before the computation of the lump sum shall be deducted from the lump sum.
A lump sum referred to in subsection (1) may for the purposes of payment be divided into such number of parts as the Secretary for the Civil Service may think fit.
(Added 3 of 1993 s. 49)
Where an officer—
who has completed not less than 2 years’ qualifying service, dies other than as specified in paragraph (b); or
irrespective of the length of the period of his qualifying service, dies as a result of injuries received—
in the actual discharge of his duty;
not due to his own serious and wilful misconduct; and (Replaced 3 of 1993 s. 50)
on account of circumstances specifically attributable to the nature of his duty,
while in service under the Government, there shall be paid a death gratuity of an amount calculated in accordance with subsection (2).
A death gratuity payable under subsection (1) in respect of the death of an officer shall be an amount not exceeding—
his annual pensionable emoluments; or
the commuted pension gratuity which he would have received had he retired at the date of his death and opted for reduction of his pension by 50% under section 24(1),
whichever is the greater.
In computing a commuted pension gratuity for the purposes of subsection (2), the officer’s service shall be deemed to include any period of untaken vacation leave for which an ex gratia payment corresponding to the salary for that period has been granted.
Where an officer who is not on agreement and has completed less than 2 years’ qualifying service dies while in service under the Government other than as specified in subsection (1)(b), there shall be paid an ex gratia payment of an amount equal to—
where the officer has completed less than 1 year’s qualifying service, one fourth of his annual pensionable emoluments; or
where the officer has completed not less than 1 year’s qualifying service, half of his annual pensionable emoluments. (Added 3 of 1993 s. 50)
Where a pensioner, other than a person referred to in subsection (5), dies after retirement from service under the Government, there shall be paid a death gratuity of an amount equal to—
his annual pensionable emoluments; or
the commuted pension gratuity which he would have received had he opted on his retirement for reduction of his pension by 50% under section 24(1),
whichever is the greater, less any pension benefits already paid or payable to him but excluding any additional pension granted under section 15(1).
Where an officer, who has been granted a deferred pension—
dies before any deferred pension is paid to him, there shall be paid a death gratuity of an amount not exceeding the maximum commuted pension gratuity which he would have received had he retired at the date of his retirement in the public interest under section 11(1)(e), his compulsory retirement under section 11(1)(f) or his resignation under section 11(1)(j), as the case may be, and opted for reduction of his pension by 50% under section 24(1), plus any authorized increase; or
dies after any deferred pension is paid to him, there shall be paid a death gratuity of an amount equal to the maximum commuted pension gratuity which he would have received had he opted for reduction of his pension by 50% under section 24(1) plus any authorized increase thereon up to the time when the deferred pension was paid to him for the first time, less any pension benefits already paid or payable to him and any authorized increase thereon up to the time when the deferred pension was paid to him for the first time, but excluding any additional pension granted under section 15(1).
Subject to subsections (7) and (8), in the case of an officer, other than an officer referred to in subsection (5), who dies in the circumstances described in subsection (1) and whose period of qualifying service is—
not less than 5 nor more than 22 1/2 years; or
more than 22 1/2 years but whose pensionable service is less than 22 1/2 years,
the pensionable service which may be taken into account for the computation of death gratuity may be supplemented by deeming his pensionable service to be—
twice the actual period of his pensionable service (subject to a maximum of 22 1/2 years); or
the period of pensionable service that he would have completed if he had served until attaining his retirement age,
whichever is the lesser.
Subsection (6) shall apply in the case of an officer who is eligible for, or is granted, a pension, and who is re-appointed to service under the Government, irrespective of the length of qualifying service completed during such re-appointment.
In the case of an officer to whom subsection (7) applies, the deemed increase of pensionable service under subsection (6) in respect of the final period of service of the officer may not exceed—
the deemed increase of pensionable service for which the officer would have been eligible under subsection (6) had his total period of service been continuous; or
the actual period of his service after his re-appointment,
whichever is the lesser, and any officer who has been granted a deemed increase of pensionable service under this Ordinance or the Pensions Ordinance (Cap. 89), or both the Ordinances, in respect of his previous period of service shall only be eligible for a further deemed increase of pensionable service for any subsequent period of service to the extent that the total deemed increase of pensionable service does not exceed the maximum deemed increase of pensionable service specified in subsection (6).
In respect of an officer who has more than one period of continuous service, there shall be paid a death gratuity in respect of each period of continuous service under this section; but the total sum of the death gratuities payable in respect of more than one period of continuous service shall not exceed the sum of the death gratuity that would have been payable had the officer’s whole period of service been continuous and had his highest pensionable emoluments or notional highest pensionable emoluments, whichever is the greater, been taken for the calculation of the death gratuity, less any pension benefits already paid or payable to him but excluding any additional pension granted under section 15(1).
Every death gratuity or ex gratia payment shall be paid as soon as possible after the death of the officer or pensioner to—
where he had made a nomination under subsection (10A), his surviving spouse; (Added 98 of 1994 s. 11)
where he had not made a nomination under subsection (10A), his legal personal representative and shall form part of the estate of the officer or pensioner for the purposes of distribution but no estate duty shall be payable in respect of the death gratuity or ex gratia payment and its addition to the principal value of the estate shall not be taken into consideration for the purpose of increasing the rate at which estate duty on the remainder of the estate may be payable; or
where the death gratuity or ex gratia payment does not exceed such amount as may be determined by the Chief Executive, a person named by the Chief Executive to be the recipient. (Amended 3 of 1993 s. 50; 63 of 1999 s. 3)
An officer may by a notice in writing to the Secretary for the Civil Service nominate his spouse to be the recipient of the death gratuity or ex gratia payment payable under this section in respect of his death. (Added 3 of 1993 s. 50)
An officer who makes an nomination under subsection (10A) may at any time revoke the nomination by a notice in writing to the Secretary for the Civil Service. (Added 3 of 1993 s. 50)
This section shall not apply in the case of a death of an officer or pensioner where benefits corresponding to a death gratuity are paid or payable under the Oversea Superannuation Scheme in respect of the death.
Except in cases referred to in subsection (2), a pension (or in the case of more than one pension, the total of the pensions, including any pension or pensions granted under the Pensions Ordinance (Cap. 89)) granted to an officer shall not exceed two-thirds of—
the highest pensionable emoluments enjoyed or drawn by him; or
the notional highest pensionable emoluments deemed to have been enjoyed or drawn by him in the course of his service,
whichever is the greater.
An additional pension granted to an officer under section 15(1), or any additional pension granted to him under regulation 31 of the Pensions Regulations (Cap. 89 sub. leg. A), in respect of injury shall not be taken into account for the purpose of subsection (1) of this section; but, where the officer is granted any such additional pension, the amount thereof together with any authorized increase on the additional pension from the date of injury to the date when the additional pension is paid for the first time, and any other pension or pensions granted to him shall not exceed five-sixths of— (Amended E.R. 7 of 2020)
the highest pensionable emoluments enjoyed or drawn by him; or
the notional highest pensionable emoluments deemed to have been enjoyed or drawn by him in the course of his service,
whichever is the greater.
An officer who is granted a pension in respect of other public service shall not at any time draw from the general revenue an amount of pension in respect of service under the Government which, when added to the amount of any pension granted in respect of other public service, exceeds two-thirds of—
the highest pensionable emoluments enjoyed or drawn by him; or
the notional highest pensionable emoluments deemed to have been enjoyed or drawn by him in the course of his service,
whichever is the greater:
Provided that where an officer is granted in respect of some period of his service under the Government or in other public service both a gratuity and a pension, the amount of such pension shall be deemed for the purposes of this subsection to be—(i)where the option to commute any part of a pension in return for the payment of a commuted pension gratuity has been exercised, the amount of pension if that option had not been exercised; or (ii)in all other cases, four-thirds of its actual amount.
For the purposes of subsections (1), (2) and (3), the highest pensionable emoluments enjoyed or drawn by an officer or the notional highest pensionable emoluments deemed to have been enjoyed or drawn by him shall be determined in accordance with regulation 16 of the regulations.
Except as otherwise provided in this Ordinance and the regulations—
in the case of an officer to whom section 4(1)(a) applies, and an officer to whom section 4(1)(b) or (c) applies (where 100% of his substantive salary, expatriation pay and special allowance was to be taken as pensionable emoluments under the Pensions Ordinance (Cap. 89)), 100% of his salary, expatriation pay, personal allowance and special allowance shall be taken as his pensionable emoluments, but not any other emoluments whatever; (Amended 4 of 1993 s. 22)
in the case of an officer to whom section 4(1)(b) applies and who has opted under section 8(3)— (Amended 4 of 1993 s. 22)
in respect of his service prior to the material date—
90% of his salary;
50% of his expatriation pay;
100% of his personal allowance; and
90% of his special allowance,
shall be taken as his pensionable emoluments, but not any other emoluments whatever; and
in respect of his service after the material date, 100% of his salary, expatriation pay, personal allowance and special allowance shall be taken as his pensionable emoluments, but not any other emoluments whatever,
and for the purposes of this paragraph, material date (關鍵日期) means a date to be determined in accordance with the terms of a Circular issued under and for the purposes of this paragraph by the Secretary for the Civil Service;
in the case of an officer to whom section 4(1)(b) applies (other than an officer in respect of whom 100% of substantive salary, special allowance and expatriation pay was to be taken as pensionable emoluments under the Pensions Ordinance (Cap. 89)), and who has not opted under section 8(3)— (Amended 4 of 1993 s. 22)
90% of his salary;
50% of his expatriation pay;
100% of his personal allowance; and
90% of his special allowance,
shall be taken as his pensionable emoluments, but not any other emoluments whatever;
in the case of an officer to whom section 4(1)(c) applies (other than an officer in respect of whom 100% of his substantive salary, special allowance and expatriation pay was to be taken as pensionable emoluments under the Pensions Ordinance (Cap. 89))—
90% of his salary;
50% of his expatriation pay;
100% of his personal allowance; and
90% of his special allowance,
shall be taken as his pensionable emoluments, but not any other emoluments whatever; and (Added 4 of 1993 s. 22)
in the case of an officer whilst serving in other public service, the emoluments which are pensionable emoluments in accordance with the law or regulations in force in such service shall be taken as his pensionable emoluments.
Where the Chief Executive considers that it is appropriate to do so, he may direct that any allowance received by an officer in respect of an acting appointment shall be taken as pensionable emoluments. (Added 4 of 1993 s. 22. Amended 63 of 1999 s. 3)
Pension benefits granted to an officer, or to his dependants, shall be computed—
except in the case of a deferred pension, in accordance with the provisions relating to such officer which are in force at the date of his retirement, or death or injury, as the case may be;
in the case of a deferred pension, in accordance with the provisions which are in force at the date when the officer leaves the service.
Subject to section 21, a separate pension shall be computed and granted in respect of each period of continuous service of an officer in the public service.
Subject to subsections (5) and (7), an officer to whom any pension is to be granted under this Ordinance, other than a pension under section 14 and an additional pension under section 15, shall, if he has exercised his option in accordance with subsections (2) and (3) of this section, be paid, in lieu of any such pension or aggregate of the pensions, a reduced pension at the rate of 50, 55, 60, 65, 70, 75, 80, 85, 90 or 95% of the pension, or a similar percentage of the aggregate of the pensions, according to the option exercised, together with a commuted pension gratuity equal to 14 times the amount of the reduction so made in the annual pension or aggregate annual pensions.
The option referred to in subsection (1) shall be exercised, and if it has been exercised may be revoked, not later than the day immediately preceding the date of such officer’s retirement or, in the case of a deferred pension, not later than the date immediately preceding the date on which such officer attains the age when the deferred pension is payable under section 7(a): Provided that the Chief Executive may, if it appears to him equitable in all the circumstances so to do, allow an officer in any particular case to exercise the option, or revoke an option previously exercised, at any time between that date and the actual date when the pension or aggregate pensions is payable for the first time. (Amended 63 of 1999 s. 3)
The option referred to in subsection (1) shall—
be in writing addressed to the Director of Accounting Services; and
state the rate of the reduced pension, in accordance with that subsection, in the annual pension or aggregate of the annual pension,
and the date of the exercise of the option shall be deemed to be the date on which the Director of Accounting Services receives the option.
Subject to the provisions of subsection (2) as regards the revocation of an option, an option exercised under that subsection shall be irrevocable.
An officer who dies before exercising an option under subsection (1) but after he has retired shall be deemed to have exercised the option to reduce his pension or aggregate pensions by 50% and the commuted pension gratuity and reduced pension shall be paid in accordance with subsection (1).
Subject to paragraph (c) and subsection (7), a commuted pension gratuity shall be payable—
in case the relevant pension is a deferred pension, when that pension is payable under section 7 for the first time;
in case a direction is given by the Chief Executive under section 11(2) in relation to the relevant pension, when that pension would be payable for the first time if it were a deferred pension;
in any other case, when the relevant reduced pension is payable under this Ordinance for the first time.
The Chief Executive may, as regards a particular case, direct that a commuted pension gratuity shall be payable on a day specified in the direction, being a day which is earlier than the day on which the gratuity would otherwise fall to be paid under paragraph (a).
Where the Chief Executive gives a direction under this subsection, the commuted pension gratuity to which the direction relates shall be payable on the day specified in the direction. (Replaced 61 of 1988 s. 5. Amended 63 of 1999 s. 3)
Where an officer retires in accordance with any compensation scheme, the reduced pension and the commuted pension gratuity shall be computed, and shall be payable, in accordance with the compensation scheme applicable to the officer.
(Repealed 3 of 1993 s. 51)
If an officer who is eligible for a pension or to whom a pension has been granted is re-appointed to the public service, or appointed to service in any subvented organization which is determined to be public service for the purposes of this section by the Chief Executive by notice in the Gazette, the payment of the pension may be suspended during the period of his service after his re-appointment or appointment, as the case may be. (Amended 63 of 1999 s. 3)
A pension that is suspended under subsection (1) shall be payable with effect from the date on which the service of the officer after his re-appointment or appointment ceases.
Subject to subsection (5) and to section 29A, a designated officer may—
refuse to grant a pension to a person if it be shown to the designated officer that the person wilfully suppressed facts that are material to the grant of a pension; or
cancel or reduce a pension granted to a person if it be shown to the designated officer that the pension was obtained by the wilful suppression by the person of facts, or that it was granted in ignorance of facts, which were such that had they been known before the retirement of the person, the pension would not have been granted or would only have been granted in part.
Subject to subsection (6) and to section 29A, a designated officer may—
refuse to grant a pension; or
cancel or reduce a pension granted,
to an officer to whom section 11(1)(a), (b), (j) or (k) applies, if it be shown to the designated officer that—
the officer retired during any disciplinary proceedings brought against him by the Government, or resigned from the service to avoid such disciplinary proceedings; and
had such proceedings been completed or taken place they would, in the opinion of the Public Service Commission, have led to the dismissal of the officer from the service or compulsory retirement in the exercise of disciplinary powers of punishment by the Government with a reduction of the pension benefits granted to him.
A cancellation or reduction of pension made by a designated officer under subsection (1)(b) or (2)(b) shall be effective as from such date as the designated officer shall determine, and in the case of a reduction of pension the reduction shall be by such amount, not exceeding 25% of the pension, as the designated officer shall determine. (Amended 4 of 1993 s. 24)
Where, under this section, a designated officer refuses to grant a pension to a person or officer, a pension shall accordingly not be granted to that person or officer.
Before a designated officer, acting under subsection (1)— (Amended E.R. 7 of 2020)
refuses to grant a pension; or
cancels or reduces a pension granted,
to a person other than a person who holds or who, immediately before leaving the public service, held an office specified in section 6(2) of, or the First Schedule to, the Public Service Commission Ordinance (Cap. 93), he shall take into consideration the advice of the Public Service Commission.
In exercising any power under subsection (2) to—
refuse to grant a pension; or
cancel or reduce a pension granted,
to an officer other than an officer who holds or who, immediately before leaving the public service, held an office specified in section 6(2) of, or the First Schedule to, the Public Service Commission Ordinance (Cap. 93), a designated officer shall take into consideration the advice of the Public Service Commission. (Amended E.R. 7 of 2020)
(Replaced 86 of 1988 s. 3)
If any person to whom a pension has been granted is adjudicated bankrupt or is declared insolvent by judgment of any court, subject to subsection (5), payment of the pension shall cease as from the date on which he is so adjudicated.
If any person is adjudicated bankrupt or declared insolvent—
after retirement in circumstances in which he is eligible for pension but before the pension is granted, any pension eventually granted to him shall cease as from the date of adjudication or declaration, as the case may be; or
before such retirement, and he has not obtained his discharge from bankruptcy or insolvency at the date of his retirement, a pension may be granted to him, but, subject to subsection (5), payment on foot thereof shall forthwith cease.
Where a pension ceases under subsection (1) or (2), the Chief Executive may, from time to time during the remainder of the person’s life, or during such shorter period or periods, either continuous or discontinuous, as the Chief Executive shall think fit, direct that ex gratia payment of all or any part of the moneys to which such person would have been entitled by way of pension had he not been adjudicated bankrupt or declared insolvent be paid to, or applied for the maintenance or benefit of all or any, to the exclusion of the other or others, of the following, that is to say, such person and any spouse, child or children of such person, or such other of his dependants as the Chief Executive may determine, in such proportions and manner as the Chief Executive thinks fit, and such moneys shall be paid or applied accordingly. (Amended 63 of 1999 s. 3)
Moneys applied for the discharge of the debts of the person whose pension has ceased under subsection (1) or (2) shall, for the purposes of this section, be regarded as applied for his benefit.
Where, by virtue of subsection (1) or (2), payment to a person of a pension granted to him is not being made and the person obtains his discharge from bankruptcy or insolvency, as the case may be, payment of the pension shall be restored to him as from the date on which he is so discharged.
Where an officer to whom pension has been granted—
is convicted of any offence in connection with the public service under the Government, being an offence which is certified by the Chief Executive to have been gravely injurious to Hong Kong or to be liable to lead to serious loss of confidence in the public service; (Amended 63 of 1999 s. 3)
is convicted of any offence under Part II of the Prevention of Bribery Ordinance (Cap. 201), being an offence related to the person’s previous public service under the Government; or
is convicted of any offence endangering national security, (Amended 6 of 2024 s. 133)
the pension may be cancelled, suspended or reduced.
If after the retirement of an officer in circumstances in which he is eligible for pension benefits but before the pension benefits are granted he is convicted and sentenced as specified in subsection (1), any pension benefits eventually granted to him may be cancelled, suspended or reduced.
Where an officer is compulsorily retired in the exercise of disciplinary powers of punishment by the Government following a conviction of any offence referred to in subsection (1), the deferred pension which may be granted to him may be cancelled, suspended or reduced, or he may not be granted a deferred pension.
Subject to section 29A, the power under subsection (1), (2) or (3) to cancel, suspend, reduce or refuse to grant pension benefits shall be exercisable by a designated officer. (Replaced 86 of 1988 s. 4)
Where, under this section, a designated officer refuses to grant a deferred pension to a person, a deferred pension shall accordingly not be granted to that person. (Replaced 86 of 1988 s. 4)
(Repealed 86 of 1988 s. 4)
The Chief Executive may appoint an officer in the public service to be a designated officer for the purposes of this Ordinance and such appointment may be made either generally or for the purpose of enabling the officer, should he think fit, to exercise as regards a particular case specified in the appointment, any of the powers conferred on a designated officer by this Ordinance.
For the purposes of section 29(1), (2) and (3), a designated officer may determine—
whether pension benefits shall be cancelled, suspended or reduced, or shall not be granted, as the case may be;
the date from which, subject to subsection (12), pension benefits shall be cancelled, suspended or reduced; and
in the case of a reduction in pension benefits, the amount of the reduction not exceeding 25% of the pension benefits.
Before a designated officer exercises a power conferred on him by section 27 or 29, he shall by a communication in writing addressed to the officer or other person concerned inform him that exercise of such a power in relation to him is being considered and state why such exercise is being considered.
The communication referred to in paragraph (a) shall state that, within a period specified in the communication (being a period ending not earlier than 30 days after the date of the communication) or such longer period as the designated officer may allow, the officer or other person to whom it is addressed may make representations to the designated officer as regards the exercise in relation to him of a power conferred on the designated officer by section 27 or 29.
A person to whom a communication referred to in paragraph (a) is addressed shall notify in writing the designated officer of an intention of his to make representations referred to in paragraph (b).
The officer or other person to whom a communication referred to in paragraph (a) is addressed shall, within the period specified in the communication (or such longer period as the designated officer may allow), be afforded an opportunity of stating in writing, or having so stated on his behalf, why any of the powers conferred by section 27 or 29 on a designated officer should not be exercised in relation to him.
Where—
a communication referred to in paragraph (a) is issued; and
the period specified in the communication has expired; and
a notification referred to in paragraph (c) is not received by the designated officer from the person to whom the communication is addressed; and
an application to extend the period specified in the communication is not so received, or where such an application is so received, it is disallowed,
notwithstanding the absence of representations referred to in paragraph (b), the designated officer may exercise in relation to such person a power conferred on such officer by section 27 or 29.
A designated officer shall not exercise a power conferred on him by section 27 or 29 without having had regard to the submission (if any) made to him by or on behalf of the officer or other person concerned pursuant to this section.
Where a designated officer exercises a power conferred on him by section 27 or 29, he shall forthwith notify in writing the officer or other person concerned.
A person who is aggrieved by a decision of a designated officer made in the exercise of a power under section 27 or 29 may, within the period of 30 days beginning on the date of the notification of the decision, or such longer period as the Chief Executive may permit, petition the Chief Executive against the decision.
Where the Chief Executive receives a petition under subsection (6), he may, by a letter addressed to a member of the Panel, require the Panel to consider and report to him on the petition, and where the Chief Executive makes such a requirement—
the Panel shall comply with the requirement; and
before he determines the petition, the Chief Executive shall have regard to the report of the Panel.
In determining a petition under subsection (7) the Chief Executive may, as he thinks fit, confirm, vary or reverse the decision to which the petition relates.
Where pension benefits are cancelled or suspended in accordance with a determination under subsection (2), the Chief Executive may direct that all or any part of the moneys to which the officer or other person concerned would have been entitled by way of pension benefits had he not been convicted and sentenced as specified in section 29(1) or retired as specified in section 29(3) be paid or applied in the same manner and in all respects as provided for in section 28(3), and when the Chief Executive so directs, the moneys to which the direction relates shall be paid or applied in accordance with the direction.
Where a person whose pension benefits have been cancelled or suspended, or have been reduced, in accordance with a determination under subsection (2) receives a free pardon, the pension benefits to which such person would have been entitled had he not been convicted and sentenced as specified in section 29(1) shall be restored to him with retrospective effect as from the date of cancellation, suspension or reduction; but in determining whether any arrears of such pension benefits are payable to such person and in computing the amount thereof account shall be taken of all moneys paid or applied under subsection (9) or, where pension benefits have been reduced, paid as reduced pension benefits.
Where a person whose pension benefits have been cancelled or suspended, or have been reduced, in accordance with a determination under subsection (2), has served any sentence of imprisonment imposed on conviction, the Chief Executive may direct that the pension benefits to which such person would have been entitled had he not been convicted and sentenced as specified in section 29(1) shall be restored to him as from the date on which he completes serving the sentence of imprisonment or any later date as the Chief Executive shall specify in the direction, and where the Chief Executive so directs, the pension benefits to which the direction relates shall be restored in accordance with the direction.
Where a designated officer exercises a power conferred on him by section 27 or 29, the relevant cancellation, suspension or reduction, as the case may be, shall not come into operation—
in case no petition is brought under subsection (6) as regards the exercise, until the time for bringing such petition has expired; or
in case such a petition is brought, before the petition is either determined or withdrawn.
(Added 86 of 1988 s. 5. Amended 63 of 1999 s. 3)
There shall be an advisory panel (in section 29A and this section referred to as the Panel) to perform the functions conferred on it by section 29A and this section.
The Panel shall consist of 3 members of whom—
1 shall be appointed by the Chief Executive from amongst—
the judiciary; or
the members of the Bar who are not public officers; or
the members of the Solicitors’ profession who are not such officers;
another shall be appointed by the Chief Executive from amongst the justices of the peace who are not public officers; and
the remaining member shall be a person, other than a person described in paragraph (a) or (b) or a public officer, appointed by the Chief Executive.
Where the Chief Executive makes a requirement under section 29A(7), the member of the Panel to whom the letter containing the requirement is addressed shall, as soon as may be, convene a meeting of all the members of the Panel to consider and report to the Chief Executive on the petition to which the requirement relates.
A person appointed to be a member of the Panel shall be appointed for such period (being a period not exceeding 3 years), as shall be specified by the Chief Executive at the time of appointment.
A member of the Panel may resign his office by letter addressed to the Chief Executive and the resignation shall take effect as on and from the date of the receipt of the letter by the Chief Executive.
The Chief Executive may remove from office any member of the Panel who has become incapable through ill-health of effectively performing his duties, or who has committed stated misbehaviour or whose removal appears to the Chief Executive to be necessary for the effective performance by the Panel of its functions.
Sections 42, 48 and 49 of the Interpretation and General Clauses Ordinance (Cap. 1) shall not have effect as regards the Panel or its members.
(Added 86 of 1988 s. 5. Amended 63 of 1999 s. 3)
The Chief Executive may direct that any pension granted to a person shall be suspended as from such date as the Chief Executive shall specify if such person has, within 2 years after his retirement and without the prior permission in writing of the Chief Executive—
entered business on his own account;
become a partner in a partnership;
become a director of a company; or
become an employee,
if the principal part of such business or the business of such partnership or company or of his employment is, in the opinion of the Chief Executive, carried on in Hong Kong, and such direction shall be forthwith notified in writing by the Secretary for the Civil Service to the person concerned.
The Chief Executive may specify a period of more than 2 years for the purposes of subsection (1) where he thinks fit, and such specification shall be forthwith notified in writing by the Secretary for the Civil Service to the person concerned.
A person who is aggrieved by any direction under subsection (1) or any specification under subsection (2) may, within 30 days of the notification to him of the direction or specification or such longer period as the Chief Executive may in any particular case permit, petition the Chief Executive against the direction or specification and the Chief Executive may confirm, vary or reverse the direction or specification as he thinks fit.
Where a person whose pension has been suspended under subsection (1) ceases to be engaged in any of the capacities specified in that subsection, the Chief Executive may, if he is satisfied that the person has so ceased to be engaged, direct that the pension shall be restored to him with retrospective effect as from the date of cesser of the engagement or any later date as the Chief Executive shall specify, and the pension shall be restored accordingly.
(Amended 63 of 1999 s. 3)
Save as otherwise provided by the Public Officer (Assignment of Emoluments) Ordinance (Cap. 363), pension benefits granted to an officer shall not be assignable or transferable except for the purpose of—
satisfying (either in whole or in part) a debt due to the Government; or
satisfying an order of any court for the payment of money towards the maintenance of the spouse or former spouse or minor child of the officer,
and pension benefits shall not be liable to be attached, sequestered or levied upon for or in respect of any claim or debt other than a debt due to the Government.
Where any person to whom pension benefits are granted owes a debt to the Government, subject to paragraph (b), the Director of Accounting Services may apply those benefits, either in whole or in part, for the satisfaction, or partial satisfaction, of the debt.
Where—
a person owes a debt to the Government arising otherwise than on account of tax payable under the Inland Revenue Ordinance (Cap. 112); and
the person has not consented to the exercise, in relation to pension benefits granted to him, of the power conferred on the Director of Accounting Services by this subsection,
the amount applied in such exercise shall not, as regards a particular such benefit, exceed an amount equal to 25% of the benefit.
Each of the references in this section to pension benefits shall be construed as including a reference to any increase in the benefits which is for the time being authorized under section 4 of the Pensions (Increase) Ordinance (Cap. 305).
(Replaced 61 of 1988 s. 7(1))
Section 31, as enacted by section 7(1) of the Pension Benefits (Miscellaneous Amendments) Ordinance 1988 (61 of 1988), shall be deemed to have come into operation on 1 July 1987.
(61 of 1988 s. 7(2) incorporated)
If a pension cannot be granted to an officer whose service under the Government is less than the qualifying service specified in section 11 or 12, he shall be granted, on retirement from the public service, a short service gratuity at the prescribed rate in respect of his service. (Amended 4 of 1993 s. 25)
Short service gratuity granted to an officer shall be payable to him as soon as possible after retirement.
The Chief Executive may exempt any officer and his dependants from the application of any provisions of this Ordinance and the regulations in any particular case, or may modify the application of any such provisions in any such case in the manner specified by him, where in his opinion inequity results from the application of such provisions; but any such exemption or modification shall not be detrimental to the officer or his dependants and shall be in keeping with the spirit of this Ordinance. (Amended 63 of 1999 s. 3)
No exemption or modification shall be made under subsection (1) unless a draft of it has been laid before and approved by resolution of the Legislative Council, and section 34 of the Interpretation and General Clauses Ordinance (Cap. 1) does not apply in relation to the exemption or modification. (Replaced 4 of 1993 s. 26)
The Secretary for the Civil Service may by order published in the Gazette amend the Schedule.
(Amended L.N. 362 of 1997; 10 of 2005 s. 4)
The Chief Executive in Council may make regulations providing for—
the grant of pension benefits to officers who are transferred to or from service under the Government from or to other public service;
the factor for the computation of pension on retirement and such factor may apply to service before 1 July 1987;
the computation of qualifying service;
the service which may be taken into account as qualifying service or pensionable service, which may include qualifying service or pensionable service prior to 1 July 1987, and for deeming an increase in pensionable service in certain circumstances;
the emoluments which may be taken into account for computing pension benefits;
the determination of highest pensionable emoluments;
empowering the Secretary for the Civil Service to amend a Schedule to the regulations containing, and containing only, a list of Scheduled Governments within the meaning of the regulations;
the better carrying out of the purpose and provisions of this Ordinance.
Subject to subsection (3), whenever the Chief Executive in Council is satisfied that it is equitable that any regulation made under subsection (1) should have retrospective effect in order to confer a benefit upon or remove a disability attaching to any person that regulation may be given retrospective effect for that purpose.
No regulation given retrospective effect under subsection (2) shall become operative unless it has received the prior approval of the Legislative Council signified by resolution.
(Amended 63 of 1999 s. 3)
Nothing in the Employees’ Compensation (Amendment) (No. 2) Ordinance 2000 (52 of 2000) (the amending Ordinance) shall apply to claims for compensation in respect of accidents occurring before the commencement* of the amending Ordinance, and the provisions in force immediately before the commencement of the amending Ordinance shall continue to apply to such claims as if they had not been amended by the amending Ordinance.
(Added 52 of 2000 s. 32)
| Department | Directorate Ranks | Senior Ranks | Rank and File Grades | ||||
|---|---|---|---|---|---|---|---|
| (1) | Correctional Services Department | Commissioner of Correctional Services Deputy Commissioner of Correctional Services Assistant Commissioner of Correctional Services General Manager (Correctional Services Industries) | Senior Superintendent of Correctional Services Superintendent of Correctional Services Chief Officer Principal Officer Officer Superintendent of Correctional Services Industries Chief Industrial Officer (Correctional Services) | Assistant Officer I Assistant Officer II Instructor (Correctional Services) | |||
| Chief Superintendent of Correctional Services (Added L.N. 411 of 1993) | Principal Industrial Officer (Correctional Services) Industrial Officer (Correctional Services) Technical Instructor (Correctional Services) (Added L.N. 295 of 1992) | ||||||
| (2) | Customs and Excise Department | Commissioner of Customs and Excise Deputy Commissioner of Customs and Excise | Senior Superintendent of Customs and Excise Superintendent of Customs and Excise | Chief Customs Officer Senior Customs Officer Customs Officer | |||
| Assistant Commissioner of Customs and Excise | Assistant Superintendent of Customs and Excise | ||||||
| Chief Superintendent of Customs and Excise (Added L.N. 411 of 1993) | Senior Inspector of Customs and Excise Inspector of Customs and Excise | ||||||
| (3) | Fire Services Department | Director of Fire Services Deputy Director of Fire Services Chief Fire Officer Chief Ambulance Officer Deputy Chief Fire Officer | Senior Divisional Officer Divisional Officer Assistant Divisional Officer Senior Station Officer Station Officer Senior Assistant Chief Ambulance Officer (Added L.N. 23 of 1991) | Principal Fireman Senior Fireman Fireman Principal Ambulanceman Senior Ambulanceman Ambulanceman | |||
| Deputy Chief Ambulance Officer (Added L.N. 23 of 2002) | Assistant Chief Ambulance Officer Superintendent (Ambulance) Senior Ambulance Officer Ambulance Officer | ||||||
| (4) | Immigration Department | Director of Immigration Deputy Director of Immigration Assistant Director of Immigration Senior Principal Immigration Officer (Added L.N. 411 of 1993) | Principal Immigration Officer Assistant Principal Immigration Officer Chief Immigration Officer Senior Immigration Officer Immigration Officer Assistant Immigration Officer | Chief Immigration Assistant (Added L.N. 411 of 1993) Senior Immigration Assistant Immigration Assistant | |||
| (5) | Hong Kong Police Force (Amended L.N. 362 of 1997) | Commissioner of Police Deputy Commissioner of Police Senior Assistant Commissioner of Police | Senior Superintendent Superintendent Chief Inspector Senior Inspector Inspector | Station Sergeant Sergeant Constable | |||
| Assistant Commissioner of Police Chief Superintendent | |||||||
| (6) | Government Flying Service (Added L.N. 66 of 1995) | Controller, Government Flying Service Chief Pilot Chief Aircraft Engineer | Senior Pilot Pilot I Pilot II Senior Air Crewman Officer Air Crewman Officer I (Added L.N. 23 of 2002) | —— | |||
| Air Crewman Officer II (Added L.N. 23 of 2002) Air Crewman Officer III (Added L.N. 23 of 2002) | |||||||
| Senior Aircraft Engineer Aircraft Engineer Chief Aircraft Technician | |||||||
| Senior Aircraft Technician Aircraft Technician (Amended L.N. 23 of 2002) | |||||||