Cap. 401 - Pension Benefits (Judicial Officers) Ordinance

To provide for the granting of pension benefits to judicial officers. [23 December 1988] L.N. 349 of 1988(Format changes—E.R. 5 of 2018) 1. Short title This Ordinance may be cited as the Pension Benefits (Judicial Officers) Ordinance. 2. Interpretation (1) In this Ordinance, unless the context otherwise requires—2019 Ordinance (《2019年條例》) means the Judicial Officers (Extension of Retirement Age) (Amendment) Ordinance 2019 (10 of 2019); (Added 10 of 2019 s. 7)additional pension (額外退休金) means an additional pension granted under section 15 or 17;authorized increase (特准增加額) has the same meaning as in the Pensions (Increase) Ordinance (Cap. 305);Cap. 4 (《第4章》) means the High Court Ordinance (Cap. 4); (Added 10 of 2019 s. 7)Cap. 336 (《第336章》) means the District Court Ordinance (Cap. 336); (Added 10 of 2019 s. 7)Cap. 484 (《第484章》) means the Hong Kong Court of Final Appeal Ordinance (Cap. 484); (Added 10 of 2019 s. 7) 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 adopted 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; and (b) subject to paragraph (a)(ii), does not include a child of the officer adopted by another person; (Replaced 3 of 1993 s. 61. 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 26(1);compensation scheme (補償計劃) means a compensation scheme approved under section 13;death gratuity (死亡恩恤金) means a death gratuity payable under section 21;deferred pension (延付退休金) means a pension granted to an officer but the payment of which is deferred under section 8(1)(a);dependant pension (受養人退休金) means a pension granted under section 20 to a dependant of a deceased officer;designated officer (指定人員) means an officer appointed under section 32(1);established office (設定職位) has the same meaning as in the Pension Benefits Ordinance (Cap. 99);High Court Judge (高等法院法官) means a judge of the High Court but does not include—(a) a judge appointed under section 8 of Cap. 4; or(b) a recorder or a deputy judge of the Court of First Instance appointed under section 6A or 10, as the case may be, of Cap. 4; (Added 10 of 2019 s. 7)highest pensionable emoluments (最高可供計算退休的薪酬) means the highest annual pensionable emoluments determined in accordance with the regulations;non-established office (非設定職位) means an office in the public service which is not an established office;non-pensionable terms (不可享有退休金的條款) means the terms of appointment to service under the Government that do not attract pension benefits under this Ordinance; (Added 10 of 2019 s. 7)normal retirement age (正常退休年齡) means the retirement age specified in section 6;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 earlier date he attains his retirement age or the date of his death;officer (人員) means an officer holding a judicial office as defined in the Public Service Commission Ordinance (Cap. 93);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;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 23(1)(a), (b), (c) or (d) 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 23(1)(e); (Amended 4 of 1993 s. 29) 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;pensionable terms (可享有退休金的條款) means the terms of appointment to service under the Government that attract pension benefits under this Ordinance; (Added 10 of 2019 s. 7)pensioner (領取退休金的人) means a person to whom a pension has been granted, payable or paid;permanent judge (常任法官) has the meaning given by section 2(1) of Cap. 484; (Added 10 of 2019 s. 7)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 the date on which Schedule 4 to the Adaptation of Laws (No. 10) Ordinance 1999 (26 of 1999) comes into operation—(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 26 of 1999 s. 3) (b) with respect to an officer appointed before the date on which Schedule 4 to the Adaptation of Laws (No. 10) Ordinance 1999 (26 of 1999) comes into operation—(i) service in a civil capacity under the Government or under the government of 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 the date on which Schedule 4 to the Adaptation of Laws (No. 10) Ordinance 1999 (26 of 1999) comes into operation, 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 22, service in respect of which a pension could, before the date on which Schedule 4 to the Adaptation of Laws (No. 10) Ordinance 1999 (26 of 1999) comes into operation, have been granted under the Governors’ 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 26 of 1999 s. 3) (c)-(h) (Repealed 26 of 1999 s. 3) 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 26(1);retirement (退休) means retirement from the public service;retirement age (extension) arrangement (退休年齡(延展)安排) means the arrangements in relation to the extension of the ages of retirement and terms of office for officers as provided by the amendments contained in the 2019 Ordinance; (Added 10 of 2019 s. 7)salary (薪金) means the substantive salary attached to any established or non-established office in the service;short service gratuity (短期服務酬金) means a short service gratuity granted to an officer under section 36;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; (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. 5 of 2018)(2) For the avoidance of doubt it is hereby declared that, where a person has been confirmed in an established office and is afterward appointed to another established office, then, unless the terms of the appointment otherwise require, the last mentioned office is, for the purposes of this Ordinance, an office in which he has been confirmed. 2A. Saving The amendments made to this Ordinance by the Adaptation of Laws (No. 10) Ordinance 1999 (26 of 1999) shall not affect any right accrued or accruing to any person before the date on which those amendments come into operation.(Added 26 of 1999 s. 3) 3. Application (1) Subject to an exemption under section 37, this Ordinance only applies to—(a) an officer appointed or re-appointed to service under the Government on or after 1 July 1987 on pensionable terms, whether on transfer from other public service or otherwise;(b) an officer whose application under section 9 is approved;(c) a person who has exercised an option under section 10; and(d) an officer or person who, under section 11, is deemed to have applied under section 9 or exercised an option under section 10.(2) A person must not derive any pension, gratuity or other allowance under the Pensions Ordinance (Cap. 89) and pension benefits under the Pension Benefits Ordinance (Cap. 99) and this Ordinance for the same period of service.(Amended 10 of 2019 s. 8) 4. Pension benefits to be of right Except as otherwise provided in this Ordinance, the entitlement to pension benefits is a right. 5. Pension benefits to be charged to general revenue There shall be charged on and paid out of the general revenue all money that is from time to time granted by way of pension benefits. 5A. Officers subject to retirement age (extension) arrangement (1) An officer is subject to the retirement age (extension) arrangement if—(a) the officer has opted for that arrangement by delivering a notice in accordance with section 11B;(b) subject to subsection (2), the officer is first appointed on pensionable terms on or after the commencement date of the 2019 Ordinance (commencement date*); or(c) the officer is re-appointed on pensionable terms on or after the commencement date following a break in service with the Judiciary.(2) An officer first appointed on pensionable terms on or after the commencement date is not subject to the retirement age (extension) arrangement if—(a) the officer was the Chief Justice, a permanent judge, a High Court Judge or a District Judge as at the commencement date;(b) immediately before the officer’s appointment on pensionable terms (pensionable appointment), the officer was engaged on non-pensionable terms; and(c) the officer, while engaged on non-pensionable terms, could have opted for the retirement age (extension) arrangement pursuant to the Circular in relation to the officer’s pensionable appointment, and has not so opted.(3) An officer subject to the retirement age (extension) arrangement under subsection (1) remains subject to that arrangement throughout the officer’s continuous service with the Judiciary, regardless of any change in the judicial office held by the officer during the service.(4) In this section—Circular (《通告》) means a Circular issued by the Chief Justice on the details of the retirement age (extension) arrangement for officers engaged on non-pensionable terms.(Added 10 of 2019 s. 9) Editorial Note: * Commencement date: 6 December 2019. 6. Normal retirement age (1) The normal retirement age is— (Amended 10 of 2019 s. 10)(a) for the Chief Justice or a permanent judge—the retirement age as defined in section 13A of Cap. 484 unless he is appointed under section 14(2)(b) of Cap. 484 in which case his age at the expiration of his term of 3 years is to be regarded as the normal retirement age; (Added 79 of 1995 s. 50. Amended 10 of 2005 s. 182)(aa) for a High Court Judge—the retirement age as defined in section 11A of Cap. 4; (Replaced 10 of 2019 s. 10)(ab) for a District Judge—the retirement age as defined in section 11A of Cap. 336; (Added 10 of 2019 s. 10)(b) for the Registrar of the High Court or a Senior Deputy Registrar or Deputy Registrar of the High Court—the age of 65 years; (Amended 10 of 2005 s. 182)(ba) for a special magistrate—the age of 60 years; or (Added 10 of 2019 s. 10)(c) for an officer not referred to in the preceding paragraphs—(i) if subject to the retirement age (extension) arrangement—the age of 65 years;(ii) otherwise—the age of 60 years. (Replaced 10 of 2019 s. 10)(2) Subject to subsections (3) and (4), an officer, other than one referred to in subsection (1)(a), (aa) or (ab), must not continue in service after his normal retirement age.(3) The Chief Executive may approve the continued service of an officer, other than one referred to in subsection (1)(a), (aa) or (ab), for an aggregate of 5 years plus accrued leave after he attains his normal retirement age. (Amended 26 of 1999 s. 3)(4) An officer, other than one referred to in subsection (1)(a), (aa) or (ab), may continue in office for as long as necessary to enable the officer to deliver judgement or to do any other thing in relation to proceedings that were commenced before the officer before— (Amended 26 of 1997 s. 5; 10 of 2019 s. 10)(a) the officer’s normal retirement age; or(b) the end of the continued service approved under subsection (3) or provided for in section 6A.(5) Where, after his normal retirement age, an officer continues in service under— (Amended 26 of 1997 s. 5; 10 of 2019 s. 10)(a) subsection (3) or (4) or section 6A;(b) section 11A(2) or (3)(b) or 11B of Cap. 4;(c) section 11A(2) or (3) of Cap. 336; or(d) section 14(2) or 14A of Cap. 484,the continued service is to be regarded as pensionable service.(6) (Repealed 10 of 2019 s. 10)(Amended 79 of 1995 s. 50; 25 of 1998 s. 2; 10 of 2019 s. 10) 6A. Transitional provisions relating to retirement age (extension) arrangement for certain officers (1) In this section—specified officer (指明人員) means an officer referred to in section 6(1)(c)—(a) whose service was approved for continuation under section 6(3) before the commencement date* of the 2019 Ordinance; and(b) who has opted for the retirement age (extension) arrangement in accordance with section 11B.(2) If, but for this section, the approved continued service of a specified officer would have ended before the officer attains the age of 65 years, the officer’s approved continued service is extended to the date immediately before the officer attains the age of 65 years.(3) When a specified officer attains the age of 65 years, the officer’s service may be further approved for continuation under section 6(3) for an aggregate of 5 years plus accrued leave, as if the officer’s service had not previously been approved for continuation.(Added 10 of 2019 s. 11) Editorial Note: * Commencement date: 6 December 2019. 7. Circumstances in which pension may be granted (1) Except as provided in this Ordinance, a pension is to be granted for an officer’s pensionable service— (Amended 10 of 2019 s. 12)(a) subject to section 29(2), on his retirement on or after attaining his normal retirement age, and after completion of the specified period of qualifying service;(b) subject to section 29(2), on his voluntary early retirement after completion of the specified period of qualifying service— (Amended 4 of 1993 s. 30; 10 of 2019 s. 12)(i) in the case of an officer appointed before 1 July 1987, on or after his attaining the age of 55 years; and(ii) in the case of an officer appointed on or after 1 July 1987, on or after his attaining the specified age;(ba) subject to section 29(2), on the officer’s discretionary early retirement approved under section 12A and after completion of the specified period of qualifying service; (Added 10 of 2019 s. 12)(c) in a case where he is transferred to other public service—(i) on 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(ii) on 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 this subparagraph does not apply in the case of a female judicial officer who retires because she has or is about to be married;(d) for an officer other than a High Court Judge or a District Judge, on his retirement on the abolition of his office, and after completion of qualifying service of not less than 2 years; (Amended 25 of 1998 s. 2)(da) in the case of the Chief Justice or a permanent judge, on retirement after removal from office under section 14 of Cap. 484, whether or not he has completed the specified period of qualifying service; (Added 79 of 1995 s. 50)(e) in the case of a High Court Judge or a District Judge, on retirement after removal from office under Article 89 of the Basic Law, whether or not he has completed the specified period of qualifying service; (Amended 25 of 1998 s. 2)(f) in the case of an officer other than a High Court Judge or a District Judge and subject to section 31(1)(a), on his compulsory retirement in exercise of disciplinary powers of punishment by the Chief Executive, whether or not he has completed the specified period of qualifying service; (Amended 45 of 1993 s. 12; 25 of 1998 s. 2)(g) for an officer other than a High Court Judge or a District Judge, on his compulsory retirement for the purpose of facilitating improvement in the organization of the judiciary, by which greater efficiency or economy may be effected, and after completion of qualifying service of not less than 2 years; (Amended 25 of 1998 s. 2)(h) on his retirement on medical evidence that satisfies the Chief Executive that the officer is incapable by reason of an infirmity of mind or body of discharging the duties of his office and that the infirmity is likely to be permanent;(i) on his retirement in accordance with a compensation scheme, whether or not he has completed the specified period of qualifying service;(j) subject to section 29(2), on his resignation from the judiciary, with the approval of the Chief Justice, after completion of qualifying service of not less than 10 years; or(k) subject to section 29(2), on his retirement on or after attaining the maximum pension specified in section 22. (Amended 4 of 1993 s. 30)(2) Unless otherwise directed by the Chief Executive, a pension granted to an officer to whom subsection (1)(da), (e), (f) or (j) applies is to be a deferred pension. (Amended 79 of 1995 s. 50)(3) Retirement under subsection (1)(a), (b) or (k), or resignation under subsection (1)(j), is to take place after the officer has served a period of service, which may be specified by the Chief Justice, after the officer has notified the Chief Justice of his intention to retire or resign.(4) In this section—specified age (指明年齡) means—(a) for the Chief Justice, a permanent judge or a High Court Judge—(i) if subject to the retirement age (extension) arrangement—the age of 65 years;(ii) otherwise—the age of 60 years; and(b) for any other officer—the age of 60 years;specified period (指明期間) means—(a) for an officer appointed before the age of 50 years—a period of not less than 10 years; or(b) for an officer appointed on or after the age of 50 years—a period of not less than 5 years. (Added 10 of 2019 s. 12)(Amended 26 of 1999 s. 3; 10 of 2019 s. 12) 8. Time of pension payments (1) Subject to section 28, commencement of pension payments to an officer shall—(a) in case he is an officer to whom section 7(1)(da), (e), (f) or (j) applies— (Amended 79 of 1995 s. 50)(i) where he is an officer appointed before 1 July 1987, be deferred until he attains the age of 55 years; or(ii) where he is an officer appointed on or after 1 July 1987, be deferred until he attains the specified age,or, where the Chief Executive so directs, be deferred until a date earlier than referred to in subparagraph (i) or (ii), as specified in the direction; (Amended 26 of 1999 s. 3)(b) where the pension is granted under a compensation scheme, be on the retirement of the officer under section 7(1)(i) as prescribed in the compensation scheme; and(c) in any other case, be as soon as possible after the retirement of the officer.(2) A pension is to be paid in monthly instalments, or less frequently if so requested by the recipient. (Amended 4 of 1993 s. 31)(3) In this section—specified age (指明年齡) means—(a) for the Chief Justice, a permanent judge or a High Court Judge—(i) if subject to the retirement age (extension) arrangement—the age of 65 years;(ii) otherwise—the age of 60 years; and(b) for any other officer—the age of 60 years. (Added 10 of 2019 s. 13)(Amended 10 of 2019 s. 13) 9. Application regarding service attracting pension under Pensions Ordinance (Amended 10 of 2019 s. 14)(1) In subsections (2) to (9), officer (人員) means an officer who is subject to the Pensions Ordinance (Cap. 89).(2) An officer may apply to the Chief Justice under a Circular to be issued under this section by the Chief Justice, to have all of his service attracting pension under the Pensions Ordinance (Cap. 89) to be taken into account as pensionable service under this Ordinance.(3) Within 3 months after receiving an application under subsection (2), the Chief Justice may, having regard to the circumstances of the particular case, reject the application if he considers that approval of the application would prejudice the interests of the judicial service.(4) Unless rejected by the Chief Justice under subsection (3), an application under subsection (2) shall be deemed to be approved.(5) Where the Chief Justice rejects an application he shall inform the officer in writing of the rejection and the reasons for it.(6) An officer whose application is rejected may, within 30 days after the notification to him of the rejection, or a longer period that the Chief Executive may permit, petition the Chief Executive against the rejection and the Chief Executive may either confirm the rejection or approve the application. (Amended 26 of 1999 s. 3)(7) An officer in respect of whom 90% only of his substantive salary is taken as a pensionable emolument under the Pensions Ordinance (Cap. 89) may apply, at the same time as he applies under subsection (2) under the Circular referred to in subsection (2), that 100% of his substantive salary shall be taken into account as a pensionable emolument under this Ordinance.(8) An application under subsection (7) shall be deemed to be approved if the application under subsection (2) is approved and shall be deemed to be rejected if the application under subsection (2) is rejected.(9) An application approved under this section is irrevocable.(10) A person who, before becoming an officer on transfer from the public service, was subject to the Pension Benefits Ordinance (Cap. 99) shall have all of his service attracting pension under that Ordinance taken into account as pensionable service under this Ordinance. 10. Option of person already retired regarding service attracting pension under Pensions Ordinance (Amended 10 of 2019 s. 15)(1) A person who was an officer immediately before his retirement on or after 1 July 1987 under the Pensions Ordinance (Cap. 89) may at his option, to be exercised under a Circular to be issued under this section by the Chief Justice, require that all of his service attracting pension under that Ordinance shall be taken into account as pensionable service under this Ordinance.(2) A person who exercises an option under this section shall be deemed to have retired under this Ordinance.(3) An option exercised under this section is irrevocable. 11. Deemed application/option regarding service attracting pension under Pensions Ordinance (Amended 10 of 2019 s. 16)(1) An officer who was eligible to apply under section 9(2) but who died on or after 1 July 1987 and before the expiry of the period within which he may have applied under the Circular, shall be deemed to have so applied and his application shall be deemed to be approved.(2) A person who was eligible to exercise an option under section 10 but who died on or after 1 July 1987 and before the expiry of the period within which he could have exercised it under the Circular, shall be deemed to have exercised that option if the beneficiary of the pension agrees. 11A. Specified officers may opt for retirement age (extension) arrangement (1) A specified officer may opt for the retirement age (extension) arrangement if—(a) the officer was appointed on pensionable terms before the commencement date of the 2019 Ordinance (commencement date*); and(b) on the commencement date—(i) the officer has not yet attained the normal retirement age under section 6 as in force immediately before that date; or(ii) the officer’s existing term of office has not yet expired.(2) In this section—specified officer (指明人員) means—(a) the Chief Justice or a permanent judge (other than one appointed under section 14(2)(b) of Cap. 484);(b) a High Court Judge (other than one appointed under section 11A(3)(a) of Cap. 4);(c) a District Judge; or(d) an officer other than the Chief Justice, a permanent judge, a High Court Judge, a District Judge or a special magistrate.(Added 10 of 2019 s. 17) Editorial Note: * Commencement date: 6 December 2019. 11B. Notice for opting for retirement age (extension) arrangement (1) An officer may opt for the retirement age (extension) arrangement by delivering a written notice in the specified form to the Judiciary Administrator.(2) The officer is subject to the retirement age (extension) arrangement only when the notice is delivered to the Judiciary Administrator before the earliest of the following times—(a) the expiry of 2 years from the commencement date of the 2019 Ordinance (commencement date*);(b) the officer attaining the normal retirement age under section 6 as in force immediately before the commencement date;(c) if the officer’s term of office is extended under section 14(2)(a) of Cap. 484 or section 11A(3)(b) of Cap. 4—the expiration of the officer’s extended term of office; (Amended 21 of 2020 s. 89)(d) if the officer’s service is approved for continuation under section 6(3)—the end of the officer’s continued service;(e) if the officer has submitted a notice for resignation or retirement—the effective date of resignation or retirement specified in the notice.(3) Once delivered, the notice is irrevocable.(Added 10 of 2019 s. 17) Editorial Note: * Commencement date: 6 December 2019. 11C. Circular on retirement age (extension) arrangement The Chief Justice may issue a Circular providing details of the retirement age (extension) arrangement.(Added 10 of 2019 s. 17) 12. Circumstances in which pension may be granted for service after re-appointment A person who is eligible for, or was granted, a pension under this Ordinance or the Pension Benefits Ordinance (Cap. 99) 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 the re-appointment. 12A. Discretionary early retirement (1) The Chief Justice, a permanent judge or a High Court Judge who is subject to the retirement age (extension) arrangement may, at any time, apply to retire during the period—(a) beginning on the date when the judge attains the age of 60 years; and(b) ending on the date immediately before the judge attains the age of 65 years.(2) An application under subsection (1) must be made—(a) for an application by the Chief Justice—to the Chief Executive; or(b) for an application by a permanent judge or a High Court Judge—to the Chief Justice.(3) The Chief Executive or the Chief Justice, as the case may be, may approve an application under subsection (1) in exceptional circumstances.(Added 10 of 2019 s. 18) 12B. Delegation by Chief Justice in relation to application under section 12A (1) If the Chief Justice considers that there is a conflict of interest in relation to the Chief Justice exercising the power to approve an application under section 12A, the Chief Justice must delegate the power to—(a) firstly, among the permanent judges who are eligible to be appointed as the Chief Justice and are not subject to any conflict of interest, the most senior judge;(b) secondly, if there is no judge to whom the power may be delegated under paragraph (a)—among the permanent judges who are not eligible to be appointed as the Chief Justice and are not subject to any conflict of interest, the most senior judge; and(c) thirdly, if there is no judge to whom the power may be delegated under paragraph (b)—any other officer who is considered suitable by the Chief Justice and is not subject to any conflict of interest.(2) The seniority of a permanent judge is to be determined in accordance with the order of precedence prescribed in section 11(b) of Cap. 484 with the judge having the highest precedence being regarded as the most senior judge.(3) In this section—conflict of interest (利益衝突) means an actual or apparent conflict of interest.(Added 10 of 2019 s. 18) 13. Compensation scheme For the purposes of section 7(1)(i) the Chief Executive in Council may approve a compensation scheme which— (Amended 26 of 1999 s. 3)(a) shall apply to officers specified in the scheme;(b) 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 related matters, other than in accordance with this Ordinance; and(c) shall provide for the circumstances in which compensation and other benefits are payable under the scheme. 14. Grant of pension on retirement on account of injuries (1) A pension shall be granted to an officer who is permanently injured—(a) in the actual discharge of his duty;(b) not due to his own serious and wilful misconduct; and (Replaced 3 of 1993 s. 62)(c) on account of circumstances specifically attributable to the nature of his duty,while in pensionable service, if his retirement is thereby necessitated or materially accelerated, notwithstanding that he has completed qualifying service of less than the relevant period specified in section 7(1)(a).(2) 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. 62) 15. Grant of additional pension on account of injuries (1) 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.(2) Where an additional 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 that person to recover an amount not exceeding the amount of the additional pension multiplied by 14.(3) Subsection (1) does 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. 42; 6 of 2008 s. 46) 16. Minimum medical pension An officer referred to in section 7(1)(h) is entitled to a minimum pension based on 25% of his highest pensionable emoluments. 17. Grant of additional pension on abolition of office or compulsory retirement (1) An additional pension at the prescribed rate shall be granted to an officer—(a) who retires under section 7(1)(d) on abolition of his office; or(b) on his compulsory retirement under section 7(1)(g).(2) An additional pension granted to an officer under subsection (1) is payable when a pension is paid to him. 18. Grant of pension benefits in respect of service while on abnormal duty (1) Where an officer is serving—(a) (Repealed 20 of 1997 s. 25)(b) 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)(c) as an auxiliary member of the Government Flying Service under the Government Flying Service Ordinance (Cap. 322); (Replaced 54 of 1992 s. 19)(d) as a member of the Essential Services Corps under the Essential Services Corps Ordinance (Cap. 197);(e) as a member of the Auxiliary Medical Service under the Auxiliary Medical Service Ordinance (Cap. 517); or (Added 57 of 1997 s. 34)(f) 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 circumstances in which a pension, gratuity or other award is grantable in respect of that service, a pension, gratuity or other award may at the option of the officer be granted—(i) under section 15, unless section 15(3) applies, in like manner as if his service had been public service under the Government and as if he had been injured in the like circumstances while in service; or(ii) 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. 5 & 25)(2) Where an officer is serving—(a) (Repealed 20 of 1997 s. 25)(b) 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)(c) as an auxiliary member of the Government Flying Service under the Government Flying Service Ordinance (Cap. 322); (Replaced 54 of 1992 s. 19)(d) as a member of the Essential Services Corps under the Essential Services Corps Ordinance (Cap. 197);(e) as a member of the Auxiliary Medical Service under the Auxiliary Medical Service Ordinance (Cap. 517); or (Added 57 of 1997 s. 34)(f) 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. 5)(i) under section 20, unless section 20(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(ii) 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. 5 & 25)as directed by the Director of Accounting Services on the basis of his judgment as to which of paragraphs (i) or (ii) is more beneficial to the beneficiaries as a whole. (Amended 4 of 1993 s. 32)(3) If under the appropriate Ordinance applicable to the Hong Kong Auxiliary Police Force, the Government Flying Service, the Essential Services Corps, the Auxiliary Medical Service or the Civil Aid Service a pension, gratuity or other award may be granted in respect of injury or death during training or instruction or other form of service, then the expression service (服務) in subsections (1) and (2) includes training, instruction or other form of service in the Force, Service or Corps, as the case may be. (Amended 54 of 1992 s. 19; 20 of 1997 s. 25; L.N. 362 of 1997)(Amended 57 of 1997 s. 34; 58 of 1997 s. 34) Editorial Note: The operation of this provision is affected by the following saving provisions— (1) section 23(2) of 20 of 1997 (2) section 33(2) of Cap. 517 and Cap. 518 * Commencement date: 9 May 1997. 19. Discretionary power to grant ex gratia payment where officer leaves the public service Where an officer leaves the public service and a pension or short service gratuity cannot, except by the application of section 37, be granted to him under this Ordinance, the Chief Executive may, if he thinks fit, grant an ex gratia payment to the officer in an amount that he thinks just and proper.(Amended 4 of 1993 s. 33; 26 of 1999 s. 3) 20. Dependant pension (1) Subject to subsection (3), where an officer dies as a result of injuries received—(a) in the actual discharge of his duty;(b) not due to his own serious and wilful misconduct; and (Replaced 3 of 1993 s. 63)(c) 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 26 of 1999 s. 3)(i) 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; but the Chief Executive may grant a dependant pension under this paragraph at a rate not exceeding one-fourth of those pensionable emoluments; (Amended 3 of 1993 s. 63; 26 of 1999 s. 3)(ii) 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);(iii) 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 determined under paragraph (ii) as if the officer had left a spouse;(iv) 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. 63)(v) if the deceased officer does not leave a spouse, or leaves a spouse to whom no dependant pension is granted, and if—(A) 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(B) 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. 63. Amended E.R. 5 of 2018)(vi) (Repealed 3 of 1993 s. 63)(2) A dependant pension is 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. 34)(3) A dependant pension—(a) is not 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. 63)(b) when granted under subsection (1) ceases—(i) in the case of a child, at the appropriate time provided in subsection (4);(ii) 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. 63. Amended 26 of 1999 s. 3)(iii) (Repealed 3 of 1993 s. 63)(4) 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. 63)(a) in the case of a male child, on the earlier of—(i) his attaining the age of 18 years unless at the time he attains that age he is receiving full-time education;(ii) the time at which he has since attaining the age of 18 years ceased to receive continuous full-time education; but a dependant pension that has ceased under this subparagraph may be paid again during the period when the full-time education is resumed; or(iii) his attaining the age of 23 years; and(b) in the case of a female child, on the earlier of—(i) (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. 63)(ii) (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. 63)(iii) 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; but a dependant pension that has ceased under this subparagraph may be paid again during the period when the full-time education is resumed; or (Amended 98 of 1994 s. 12)(iv) her attaining the age of 23 years.(4A) 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—(a) 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(b) 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 (c) at the age of 23 years,whichever first occurs. (Added 3 of 1993 s. 63)(4B) 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. 63)(5) For the purposes of subsection (1), pensionable emoluments (可供計算退休金的薪酬) includes pensionable emoluments enjoyed or drawn.(6) For the purposes of subsections (4) and (4A)— (Amended 3 of 1993 s. 63)(a) full-time education (全日制教育) means full-time education at a university, college, school or other educational establishment recognized by the Permanent Secretary for Education; and (Amended 3 of 2003 s. 41; L.N. 130 of 2007)(b) 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.(7) For the purposes of this section—(a) where an officer contracts a marriage and by reason of its form the officer is or becomes lawfully married to more than one woman at the same time, wife (妻子) (without prejudice to the definition of wife in section 2) means the woman whom the officer first married; but where a wife eligible for a dependant pension under this section ceases to be so eligible and at the same time of the cessation the officer was lawfully married as mentioned to another wife or other wives the officer shall be deemed for the purposes of this section to have become a widower at the time of the cessation and simultaneously to have married the woman who at that time was his wife and whom he married first after his marriage to the wife who has ceased to be eligible;(aa) spouse (配偶) (without prejudice to paragraph (a) and the definition of spouse in section 2) in relation to an officer includes any person who can prove to the satisfaction of the Secretary for the Civil Service that he or she cohabits with the officer as the officer’s spouse; (Replaced 98 of 1994 s. 12)(b) child (子女) (without prejudice to the definition of child in section 2) means— (i) any child of an officer; or (Replaced 3 of 1993 s. 63) (ii) a child who was wholly or mainly dependent on the deceased officer for support, and who had been adopted by the officer before the date of the injuries which resulted in the death of the officer. (8) 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. 63)(8A) 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 20A. (Added 98 of 1994 s. 12)(9) This section does not apply in the case of the death of an 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 either of those Ordinances in respect of that death. (Amended 52 of 2000 s. 43; 6 of 2008 s. 47) Editorial Note: * Appointed day : 5 March 1993—see L.N. 75 of 1993 20A.

Commutation of pensions payable under section 20 (1) A person to whom a pension is payable under section 20 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.(2) 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 26 of 1999 s. 3)(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.(4) 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. 64) 21. Death gratuity or ex gratia payment (1) Where an officer—(a) who has completed not less than 2 years’ qualifying service, dies other than as specified in paragraph (b); or(b) irrespective of the length of the period of his qualifying service, dies as a result of injuries received—(i) in the actual discharge of his duty;(ii) not due to his own serious and wilful misconduct; and (Replaced 3 of 1993 s. 65)(iii) 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).(2) A death gratuity payable under subsection (1) in respect of the death of an officer shall be an amount not exceeding the greater of—(a) his annual pensionable emoluments; or(b) the commuted pension gratuity which he would have received had he retired at the date of his death and exercised an option for reduction of his pension by 50% under section 26(1).(3) 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.(3A) 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—(a) where the officer has completed less than 1 year’s qualifying service, one fourth of his annual pensionable emoluments; or(b) where the officer has completed not less than 1 year’s qualifying service, half of his annual pensionable emoluments. (Added 3 of 1993 s. 65)(4) 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 the greater of—(a) his annual pensionable emoluments; or(b) the commuted pension gratuity which he would have received had he exercised an option on his retirement for reduction of his pension by 50% under section 26(1),less any pension benefits already paid or payable to him but excluding any additional pension granted under section 15(1).(5) Where an officer, who has been granted a deferred pension—(a) dies before a 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 under section 7(1)(da), (e) or (f), or his resignation under section 7(1)(j), as the case may be, and exercised an option for reduction of his pension by 50% under section 26(1), plus any authorized increase; or (Amended 79 of 1995 s. 50)(b) dies after a 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 exercised an option for reduction of his pension by 50% under section 26(1) plus any authorized increase on it 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 on it 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).(6) 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—(a) not less than 5 nor more than 22 1/2 years; or(b) 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 shall be calculated by deeming his pensionable service to be the lesser of—(i) twice the period of pensionable service, including any deemed increase under section 25, that would have been taken into account for the computation of his pension benefits had he retired on the day he died (subject to a maximum of 22 1/2 years); or(ii) the period of pensionable service, including any deemed increase under section 25, that would have been taken into account for the computation of his pension benefits had he retired on reaching the normal retirement age.(7) 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 the re-appointment.(8) 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 shall not exceed the lesser of—(a) 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(b) the actual period of his service after his re-appointment,and an officer who has been granted a deemed increase of pensionable service under regulation 18 of the Pension Benefits Regulations (Cap. 99 sub. leg. A) or regulation 19A or 26(9) of the Pensions Regulations (Cap. 89 sub. leg. A), or both of those regulations, in respect of his previous period of service shall only be eligible for a further deemed increase of pensionable service under this section for any subsequent period of service to the extent that the total of these deemed increases of pensionable service does not exceed the maximum deemed increase of pensionable service specified in subsection (6). (Amended E.R. 5 of 2018)(9) In respect of an officer who has more than one period of continuous pensionable service, there shall be paid a death gratuity in respect of each period of continuous pensionable service under this section; but the total sum of the death gratuities payable in respect of more than one period of continuous pensionable service shall not exceed the sum of the death gratuity that would have been payable had the officer’s whole period of pensionable 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).(10) A death gratuity or ex gratia payment shall be paid as soon as possible after the death of the officer or pensioner to—(aa) where he had made a nomination under subsection (10A), his surviving spouse; (Added 98 of 1994 s. 13)(a) 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 is 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(b) where the death gratuity or ex gratia payment does not exceed an amount determined by the Chief Executive, a person named by the Chief Executive to be the recipient. (Amended 3 of 1993 s. 65; 26 of 1999 s. 3)(10A) 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. 65)(10B) An officer who makes a 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. 65)(11) This section does 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. 22. Maximum pension (1) 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) and the Pension Benefits Ordinance (Cap. 99)) granted to an officer shall not exceed two-thirds of the greater of—(a) the highest pensionable emoluments enjoyed or drawn by him; or(b) the notional highest pensionable emoluments deemed to have been enjoyed or drawn by him in the course of his service.(2) An additional pension granted to an officer under section 15(1) of this Ordinance or of the Pension Benefits Ordinance (Cap. 99), or an 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); but, where the officer is granted any or all of those additional pensions, the amount of each of them 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 the greater of— (Amended E.R. 5 of 2018)(a) the highest pensionable emoluments enjoyed or drawn by him; or(b) the notional highest pensionable emoluments deemed to have been enjoyed or drawn by him in the course of his service.(3) 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 greater of—(a) the highest pensionable emoluments enjoyed or drawn by him; or(b) the notional highest pensionable emoluments deemed to have been enjoyed or drawn by him in the course of his service,but where an officer is granted in respect of a period of his service under the Government or in other public service both a gratuity and a pension, the amount of the 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.(4) 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. 23. Pensionable emoluments (1) Except as otherwise provided in this Ordinance and the regulations— (Amended 4 of 1993 s. 35)(a) in the case of an officer to whom section 3(1)(b), (c) or (d) applies (where 100% of his substantive salary and personal allowance was to be taken as pensionable emoluments under the Pensions Ordinance (Cap. 89) or the Pension Benefits Ordinance (Cap. 99)), and in the case of an officer to whom section 3(1)(a) applies, 100% of his salary and personal allowance shall be taken as his pensionable emoluments, but not any other emoluments;(b) in the case of an officer to whom section 3(1)(b) applies and whose application under section 9(7) is approved—(i) in respect of his service prior to the material date—(A) 90% of his salary; and(B) 100% of his personal allowance,shall be taken as his pensionable emoluments, but not any other emoluments; and (Amended 21 of 2020 s. 121)(ii) in respect of his service after the material date, 100% of his salary and personal allowance shall be taken as his pensionable emoluments, but not any other emoluments,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 Chief Justice;(c) in the case of an officer to whom section 3(1)(b) applies (other than an officer in respect of whom 100% of his substantive salary and personal allowance was to be taken as pensionable emoluments under the Pensions Ordinance (Cap. 89) or the Pension Benefits Ordinance (Cap. 99)) and who has not applied under section 9(7) or whose application under section 9(7) is rejected—(i) 90% of his salary; and(ii) 100% of his personal allowance,shall be taken as his pensionable emoluments, but not any other emoluments;(d) in the case of an officer to whom section 3(1)(c) or (d) applies (other than an officer in respect of whom 100% of his substantive salary and personal allowance was to be taken as pensionable emoluments under the Pensions Ordinance (Cap. 89) or the Pension Benefits Ordinance (Cap. 99))—(i) 90% of his salary; and(ii) 100% of his personal allowance,shall be taken as his pensionable emoluments, but not any other emoluments; and(e) in the case of an officer while serving in other public service, the emoluments which are pensionable emoluments in accordance with the law or regulations in force in that service shall be taken as his pensionable emoluments.(2) 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. 35. Amended 26 of 1999 s. 3) 24. Computation and grant of pension benefits (1) Pension benefits granted to an officer, or to his dependants, shall be computed—(a) except in the case of a deferred pension, in accordance with the provisions relating to the officer which are in force at the date of his retirement, death or injury, as the case may be;(b) 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.(2) Subject to section 22, a separate pension shall be computed and granted in respect of each period of continuous service of an officer in the public service. 25. Deemed increase in pensionable service An officer’s pensionable service shall be deemed to be increased by one month for each completed month of pensionable service in a judicial office that is both after age 50 and after 1 July 1987. 26. Commuted pension gratuity and reduced pension (1) Subject to subsections (5) and (8), an officer to whom a 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 that 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. (Amended E.R. 5 of 2018)(2) 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 the officer’s retirement or, in the case of a deferred pension, not later than the date immediately preceding the date on which the officer attains the age when the deferred pension is payable under section 8(1)(a); but 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 26 of 1999 s. 3)(3) The option referred to in subsection (1) shall—(a) be in writing addressed to the Director of Accounting Services; and(b) 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.(4) Except as may be provided under subsection (2), an option exercised under that subsection is irrevocable.(5) 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).(6) Subject to subsections (7) and (8), a commuted pension gratuity is payable—(a) in case the relevant pension is a deferred pension, when that pension is payable under section 8 for the first time;(b) in case a direction is given by the Chief Executive under section 7(2) in relation to the relevant pension, when that pension would be payable for the first time if it were a deferred pension; (Amended 26 of 1999 s. 3)(c) in any other case, when the relevant reduced pension is payable under this Ordinance for the first time.(7) Where the Chief Executive directs that a particular commuted pension gratuity shall be payable on a date that is earlier than the day on which the gratuity would otherwise be payable under subsection (6), that commuted pension gratuity is payable on the specified date. (Amended 26 of 1999 s. 3)(8) Where an officer retires in accordance with a compensation scheme, the reduced pension and the commuted pension gratuity shall be computed, and is payable, in accordance with the compensation scheme applicable to the officer. 27. (Repealed 3 of 1993 s. 66) 28. Suspension of pension on re-appointment to the service (1) 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 26 of 1999 s. 3)(2) A pension that is suspended under subsection (1) is payable with effect from the date on which the service of the officer after his re-appointment or appointment ceases. 29. Power not to grant, or to cancel or reduce, pension (1) After taking into consideration the advice of the Judicial Officers Recommendation Commission, and subject to section 32, a designated officer may— (Amended 79 of 1995 s. 50)(a) refuse to grant a pension to an officer if it is shown to the designated officer that the officer wilfully suppressed facts that are material to the grant of a pension; or(b) cancel or reduce a pension granted to an officer if it is shown to the designated officer that the pension was obtained by the wilful suppression by the officer of facts, or that it was granted in ignorance of facts, which were such that had they been known before the retirement of the officer the pension would not have been granted in full or in part.(2) After taking into consideration the advice of the Judicial Officers Recommendation Commission and subject to section 32, a designated officer may— (Amended 79 of 1995 s. 50)(a) refuse to grant a pension; or(b) cancel or reduce a pension granted,to an officer to whom section 7(1)(a), (b), (ba), (j) or (k) applies, if it is shown to the designated officer that— (Amended 10 of 2019 s. 19)(i) the officer retired during any disciplinary proceedings brought against him, or resigned from the service to avoid disciplinary proceedings; and(ii) had the proceedings been completed or taken place they would in the opinion of the Judicial Officers Recommendation Commission have led to the dismissal of the officer from the service or compulsory retirement in the exercise of disciplinary powers of punishment with a reduction of the pension benefits granted to him. (Amended 79 of 1995 s. 50)(3) A cancellation or reduction of pension under subsection (1)(b) or (2)(b) shall be effective as from a date the designated officer shall determine, and in the case of a reduction of pension the reduction shall be by an amount, not exceeding 25% of the pension, as the designated officer shall determine.(4) Where a designated officer refuses to grant a pension to a person or officer, a pension shall not be granted to the person or officer. 30. Pension to cease on bankruptcy (1) If a person to whom a pension has been granted is adjudicated bankrupt or is declared insolvent by judgment of a court, subject to subsection (5), payment of the pension shall cease as from the date on which he is so adjudicated.(2) If a person is adjudicated bankrupt or declared insolvent—(a) 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(b) before his 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 of the pension shall forthwith cease.(3) 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 thinks fit, direct that ex gratia payment of all or any part of the money to which the 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, the person and any spouse, child or children of the person, or other of his dependants that the Chief Executive may determine, in proportions and manner that the Chief Executive thinks fit, and the money shall be paid or applied accordingly. (Amended 26 of 1999 s. 3)(4) Money 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.(5) 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. 31. Pension benefits may be cancelled, suspended or reduced on conviction, etc. (1) Where an officer to whom a pension has been granted—(a) is convicted of an offence in connection with public service under the Government, and that offence 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 26 of 1999 s. 3)(b) is convicted of an offence under Part II of the Prevention of Bribery Ordinance (Cap. 201), and that offence is related to the person’s previous public service under the Government; or(c) is convicted of an offence endangering national security, (Amended 6 of 2024 s. 161)the pension may be cancelled, suspended or reduced.(2) 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 as specified in subsection (1), and sentenced, any pension benefits eventually granted to him may be cancelled, suspended or reduced.(3) Where an officer is compulsorily retired in the exercise of disciplinary powers 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.(4) For the purposes of subsections (1), (2) and (3), a designated officer may, subject to section 32, determine—(a) whether pension benefits shall be cancelled, suspended or reduced, or shall not be granted, as the case may be;(b) the date from which pension benefits shall be cancelled, suspended or reduced; and(c) in the case of a reduction in pension benefits, the amount of the reduction not exceeding 25% of the pension benefits. 32. Representations to designated officer (1) The Chief Executive may appoint an officer to be a designated officer for the purposes of this Ordinance and the 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. (Amended 26 of 1999 s. 3)(2) Before a designated officer exercises a power conferred on him by section 29 or 31, 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 why it is being considered.(3) The communication 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 a longer period that 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 29 or 31.(4) A person to whom the communication is addressed shall notify in writing the designated officer of his intention to make representations.(5) The officer or other person to whom the communication is addressed shall, within the period specified in the communication (or a longer period that 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 29 or 31 should not be exercised in relation to him.(6) Where—(a) a communication referred to in subsection (2) is issued;(b) the period specified in the communication has expired;(c) a notification referred to in subsection (4) is not received by the designated officer from the person to whom the communication is addressed; and(d) an application to extend the period specified in the communication is not received, or where an application to extend is received but is disallowed,notwithstanding the absence of representations referred to in subsection (3), the designated officer may exercise in relation to the person a power conferred on the designated officer by section 29 or 31.(7) A designated officer shall not exercise a power conferred on him by section 29 or 31 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.(8) Where a designated officer exercises a power conferred on him by section 29 or 31, he shall forthwith notify in writing the officer or other person concerned. 33. Petition to Chief Executive (1) A person who is aggrieved by a decision of a designated officer made in the exercise of a power under section 29 or 31 may, within the period of 30 days beginning on the date of the notification of the decision, or a longer period that the Chief Executive may permit, petition the Chief Executive against the decision.(2) Where the Chief Executive receives a petition under subsection (1), he may, by a letter addressed to a member of the Panel established by section 29B of the Pension Benefits Ordinance (Cap. 99), require the Panel to consider and report to him on the petition, and where the Chief Executive does so—(a) the Panel shall comply with the requirement; and(b) before he determines the petition, the Chief Executive shall have regard to the report of the Panel.(3) In determining a petition under subsection (2) the Chief Executive may, as he thinks fit, confirm, vary or reverse the decision to which the petition relates.(4) Where pension benefits are cancelled or suspended in accordance with section 31, the Chief Executive may direct that all or any part of the money to which the officer or other person concerned would have been entitled by way of pension benefits had he not been convicted or retired be paid or applied in the same manner and in all respects as provided for in section 30(3), and when the Chief Executive so directs, the money to which the direction relates shall be paid or applied in accordance with the direction.(5) Where a person whose pension benefits have been cancelled, suspended or reduced, in accordance with section 31, receives a free pardon, the pension benefits to which he would have been entitled had he not been convicted shall be restored to him with retrospective effect as from the date of cancellation, suspension or reduction; but in determining whether any arrears of the pension benefits are payable to him and in computing the amount of the benefits account shall be taken of all money paid or applied under subsection (4) or, where pension benefits have been reduced, paid as reduced pension benefits.(6) Where a person whose pension benefits have been cancelled, suspended or reduced, in accordance with section 31, has served a sentence of imprisonment imposed on conviction, the Chief Executive may direct that the pension benefits to which he would have been entitled had he not been convicted 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.(7) Where a designated officer exercises a power conferred on him by section 29 or 31, the relevant cancellation, suspension or reduction, as the case may be, shall not come into operation—(a) in case no petition is brought under subsection (1), until the time for bringing the petition has expired; or(b) in case a petition is brought, before the petition is either determined or withdrawn.(Amended 26 of 1999 s. 3) 34. Pension may be suspended on certain post-retirement employment (1) The Chief Executive may direct that a pension granted to a person shall be suspended as from a date the Chief Executive shall specify if the person has, within 2 years after his retirement and without the prior permission in writing of the Chief Executive—(a) entered business on his own account;(b) become a partner in a partnership;(c) become a director of a company; or(d) become an employee,if the principal part of the business or the business of the partnership or company or of his employment is, in the opinion of the Chief Executive, carried on in Hong Kong, and the Chief Justice shall forthwith notify in writing the person concerned of the direction.(2) The Chief Executive may specify a period of more than 2 years for the purposes of subsection (1) where he thinks fit, and the Chief Justice shall forthwith notify in writing the person concerned of the specified period.(3) A person who is aggrieved by a direction under subsection (1) or a specification under subsection (2) may, within 30 days after the notification to him of the direction or specification or a longer period that 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.(4) 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 cessation of the engagement or any later date the Chief Executive may specify, and the pension shall be restored accordingly.(Amended 26 of 1999 s. 3) 35. Pension benefits not assignable (1) Except as otherwise provided by the Public Officers (Assignment of Emoluments) Ordinance (Cap. 363), pension benefits granted to an officer are not assignable or transferable except for the purpose of—(a) satisfying, either in whole or in part, a debt due to the Government; or(b) satisfying an order of a court for the payment of money towards the maintenance of the spouse or former spouse or minor child of the officer,and pension benefits are not liable to be attached, sequestered or levied on for or in respect of any claim or debt other than a debt due to the Government.(2) Where a person to whom pension benefits are granted owes a debt to the Government, subject to subsection (3), the Director of Accounting Services may apply those benefits, either in whole or in part, for the satisfaction or partial satisfaction of the debt.(3) Where—(a) a person owes a debt to the Government arising otherwise than on account of tax payable under the Inland Revenue Ordinance (Cap. 112); and(b) 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 under subsection (2),the amount applied in satisfaction of the debt shall not, as regards a particular pension benefit, exceed 25% of the pension benefit.(4) In this section pension benefits (退休金利益) includes an increase in the benefits under section 4 of the Pensions (Increase) Ordinance (Cap. 305). 36. Grant of short service gratuity (1) If a pension cannot be granted to an officer whose service under the Government is less than the qualifying service specified in section 7 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.(2) Short service gratuity granted to an officer is payable to him as soon as possible after retirement. 37. Chief Executive’s power to exempt or modify (1) The Chief Executive may exempt an officer and his dependants from the application of any provision of this Ordinance and the regulations in any particular case, or may modify the application of any provision in any such case in the manner specified by him, where in his opinion inequity results from the application of the provision; but an 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 26 of 1999 s. 3)(2) 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. 38. Regulations (1) The Chief Executive in Council may make regulations providing for—(a) the grant of pension benefits to persons who are transferred to or from service under the Government from or to other public service;(b) the factor for the computation of pension on retirement and such factor may apply to service before 1 July 1987;(c) the computation of qualifying service and pensionable service;(d) 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;(e) the emoluments which may be taken into account for computing pension benefits;(f) the determination of highest pensionable emoluments; and(g) the better carrying out of the purpose and provisions of this Ordinance.(2) Subject to subsection (3), where 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, the Chief Executive in Council may by notice in the Gazette declare that the regulation has retrospective effect for that purpose.(3) No declaration shall be made under subsection (2) 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 declaration.(Amended 26 of 1999 s. 3) 39. Transitional 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. 44)Editorial Note:* Commencement date: 1 August 2000.