Cap. 89 sub. leg. A

Pensions Regulations(Cap. 89, section 3)[9 December 1949](Format changes—E.R. 2 of 2024)Regulations for Granting of Pensions, Gratuities and Other Allowances Part I Preliminary 1. Citation These regulations may be cited as the Pensions Regulations. 2. (Repealed 26 of 1982 s. 6) Part II Officers other than Transferred Officers (36 of 1987 s. 49) 3. Application of Part II Save when the Chief Executive in any special case otherwise directs, this Part shall not apply in the case of any officer transferred to or from the service under the Government from or to other public service except for the purpose of determining whether such officer would have been eligible for pension or gratuity and the amount of pension or gratuity, for which the officer would have been eligible, if the service of the officer had been wholly under the Government.(G.N.A. 90 of 1960; 36 of 1987 s. 49; 63 of 1999 s. 3) 4. Pensions to whom and at what rates to be granted (1) Subject to the provisions of the Ordinance and of these regulations, every officer holding an established office under the Government, who has been in the service under the Government in a civil capacity for 10 years or more, shall be granted on retirement a pension at the annual rate of one six-hundredth of his pensionable emoluments for each complete month of his pensionable service under the Government, and any incomplete month of pensionable service shall be taken to be that fraction of a complete month whereof the denominator is 30 and the numerator the number of days of pensionable service in that incomplete month, irrespective of the actual number of days in that month. (26 of 1982 s. 6; 4 of 1993 s. 36)(2) Notwithstanding the limit in the service specified in paragraph (1), a pension shall be granted in accordance with that paragraph to an officer who is retired under section 6(1)(i) or (j) irrespective of the length of his qualifying service. (36 of 1987 s. 49) 5. Gratuities where length of service does not qualify for pension Every officer, otherwise qualified for a pension, who has not been in the service under the Government in a civil capacity for 10 years, shall be granted on retirement a gratuity not exceeding 7 times the annual amount of the pension which, if there had been no qualifying period, might have been granted to him under regulation 4.(36 of 1987 s. 49) 6. Marriage gratuity when payable Where a female officer who—(a) has been appointed to an established office before 17 November 1972;(b) has been in the public service under the Government for not less than 5 years;(c) has been confirmed in an established office; and(d) is not eligible for the grant of a pension or otherwise eligible for a gratuity under this Part,retires from the public service for the reason that she has married or is about to marry she may be granted, on production within 6 months after her retirement, or within such longer period as the Chief Executive may in any particular case allow, of satisfactory evidence of her marriage, a gratuity of an amount not exceeding— (63 of 1999 s. 3)(i) the highest annual rate of pensionable emoluments with effect from 9 December 1949; or (36 of 1987 s. 49)(ii) four and one-sixth times the annual amount of the pension which might have been granted to her under regulation 4 had there been no qualifying period and had regulation 4 been applicable to her,whichever is the less.(L.N. 238 of 1972; 36 of 1987 s. 49) Part III Transferred Officers 7. Application of Part III This Part shall apply only in the case of an officer transferred to or from the service under the Government from or to other public service.(36 of 1987 s. 49) 8. Interpretation (1) In this Part and Part IV—Scheduled Government (附表政府) means—(a) the Government of any territory, or any authority, mentioned in Schedule 1; (L.N. 373 of 1992)(b) the Government of Ceylon, in respect of any officer appointed to service under that Government before 4 February 1948;(c) the Government of Palestine, in respect of any officer appointed to service under that Government before 15 May 1948;(d) the Government of the Somali Republic, in respect of any officer appointed to service under the former Government of the Somaliland Protectorate before 26 June 1960;(e) the Government of Cyprus, in respect of any officer appointed to service under that Government before 16 August 1960; and(f) the East African Common Services Organization or, with effect from 1 December 1967, the East African Community, in respect of any person deemed to have been appointed or appointed to service as President, Vice-President, Justice of Appeal, Registrar, officer or servant of the Court of Appeal for Eastern Africa or, with effect from 1 December 1967, of the Court of Appeal for East Africa; (G.N.A. 34 of 1962; L.N. 44 of 1970)service in the Group (任職於組內的政府、任職於組內政府的服務) means service under the Government and under a Scheduled Government or Scheduled Governments. (36 of 1987 s. 49)(1A) For the purpose of this Part and Part IV—(a) any officer in public service under the Government of the Federation of Rhodesia and Nyasaland immediately before 1 January 1964 who was, immediately before that date, employed on secondment to service under the Government of Southern Rhodesia, the Government of Northern Rhodesia or the Government of Nyasaland, or was as from that date so employed, shall be deemed to continue in public service under the Government of the Federation of Rhodesia and Nyasaland until his employment on secondment is terminated;(b) any pension awarded on or after 1 January 1964 in respect of service under the Government of the Federation of Rhodesia and Nyasaland shall be deemed to have been granted by that Government notwithstanding the provisions of the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council 1963. (L.N. 15 of 1967)(2) Where an officer, to whom this Part applies, is, on his retirement from the public service, not granted a pension or gratuity in respect of his employment in the service in which he is last employed, solely by reason of the fact that he has not held office therein for a specified period he shall nevertheless be deemed for the purpose of this Part to have retired in circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on pension or gratuity. (36 of 1987 s. 49) 9. Pension for service wholly within the Group (1) Where the other public service of an officer to whom this Part applies has been wholly under one or more Scheduled Government, and his aggregate service would have qualified him had it been wholly under the Government for a pension under the Ordinance, he may, on his retirement from the public service in circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on pension or gratuity be granted in respect of his service under the Government a pension of such an amount as shall bear the same proportion to the amount of pension for which he would have been eligible had his service been wholly under the Government, as the aggregate amounts of his pensionable emoluments during his service under the Government shall bear to the aggregate amounts of his pensionable emoluments throughout his service in the Group.(2) In determining for the purposes of this regulation the pension for which an officer would have been eligible if his service had been wholly under the Government—(a) in the application of regulation 18—(i) where the officer is not serving under a Scheduled Government at the date of his retirement from the public service, subject to sub-subparagraph (ii) the highest pensionable emoluments enjoyed by him in the service of a Scheduled Government shall be taken;(ii) if, by reason of any order made in any disciplinary proceedings against the officer, the amount to be taken in accordance with the provisions of sub-subparagraph (i) exceeds the pensionable emoluments enjoyed by him at the date of his retirement or transfer, as the case may be, there shall be taken such pensionable emoluments; (26 of 1982 s. 6)(b) no regard shall be had to an additional pension under regulation 22 or 31;(c) regard shall be had to the condition that pension may not exceed two-thirds of his highest pensionable emoluments;(d) no period of other public service under a Scheduled Government in respect of which no pension or gratuity is grantable to him shall be taken into account.(3) For the purposes of this regulation, the aggregate amount of an officer’s pensionable emoluments shall be taken as the total amount of pensionable emoluments which he would have received or enjoyed had he been on duty on full pay in his substantive office or offices throughout his period of service in the Group: (4 of 1993 s. 37)Provided that—(a) in calculating the aggregate amount of his pensionable emoluments, no account shall be taken of any service under the Government or under a Scheduled Government in respect of which no pension or gratuity is granted to him by the Government or such Scheduled Government, as the case may be; (L.N. 15 of 1967)(b) where any service in a civil capacity otherwise than in a pensionable or established office is taken into account as pensionable service, the officer’s aggregate pensionable emoluments during that service shall be taken into account to the same extent as that service is taken into account as pensionable service; (L.N. 15 of 1967)(c) where an officer entered the public service prior to 1 January 1930, his pension in respect of his service under the Government may be calculated as though any Scheduled Government under which he has served had not been included in these regulations should this be to his advantage.(36 of 1987 s. 49) 10. Pension where other service not within the Group (1) Where the other public service of an officer to whom this Part applies has not included service under any of the Scheduled Governments, and his aggregate service would have qualified him, had it been wholly under the Government, for a pension under these regulations he may, on his retirement from the public service in circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on a pension or gratuity, be granted in respect of his service under the Government a pension at the annual rate of one six-hundredth of his pensionable emoluments for each complete month of his pensionable service under the Government, and any incomplete month of pensionable service shall be taken to be that fraction of a complete month whereof the denominator is 30 and the numerator the number of days of pensionable service in that incomplete month, irrespective of the actual number of days in that month.(2) Where the officer is not in the service under the Government at the time of such retirement, his pensionable emoluments for the purposes of paragraph (1) shall be those which would have been taken for the purpose of computing his pension if he had retired from the public service and been granted a pension at the date of his last transfer from the service under the Government.(36 of 1987 s. 49) 11. Pension when other service both within and not within the Group Where a part only of the other public service of an officer to whom this Part applies has been under one or more of the Scheduled Governments, the provisions of regulation 9 shall apply; but in calculating the amount of pension regard shall be had only to service in the Group. 12. Gratuities where length of service does not qualify for pension Where an officer to whom this Part applies retires from the public service in circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on pension or gratuity, but has not been in the public service in a civil capacity for 10 years, he may be granted in respect of his service under the Government a gratuity not exceeding 7 times the annual amount of the pension which, if there had been no qualifying period, might have been granted to him under regulation 9, 10 or 11, as the case may be.(36 of 1987 s. 49) 13. Marriage gratuities (1) Subject to paragraph (2), where a female officer to whom this Part applies retires or is required to retire from the public service for the reason that she is about to marry or has married, and—(a) would have been eligible for a gratuity under regulation 6 disregarding subparagraph (a) thereof if her public service had been wholly under the Government; and (L.N. 388 of 1983)(b) is not eligible for the grant of any pension or otherwise eligible for a gratuity under this Part,she may be granted in respect of her public service under the Government a gratuity of an amount not exceeding four and one-sixth times the annual amount of the pension for which she would have been eligible under regulation 9, 10 or 11 had there been no qualifying period and had regulation 9, 10 or 11, as the case may be, been applicable to her:Provided that, for the purpose of computing the amount of such a gratuity—(a) in relation to a pension under regulation 9 or 11, regulation 9(2)(c) shall have effect as if the reference therein to two-thirds of her highest pensionable emoluments were a reference to six twenty-fifths of her annual pensionable emoluments; and(b) in relation to a pension under regulation 9, 10 or 11, the annual amount of that pension shall not exceed six twenty-fifths of her annual pensionable emoluments.(2) In the case of a female officer transferring to the service under the Government from other public service and retiring whilst in the service under the Government, paragraph (1) only applies if the last such transfer preceding the retirement occurred before 17 November 1972. (L.N. 238 of 1972)(L.N. 15 of 1967; L.N. 238 of 1972; 36 of 1987 s. 49) Part IV General 14. General rules as to qualifying service and pensionable service (1) Subject to the provisions of these regulations, qualifying service shall be the inclusive period between the date on which an officer begins to draw salary in respect of public service and the date of his leaving the public service, without deduction of any period during which he has been absent on leave.(2) No period which is not qualifying service by virtue of paragraph (1) shall be taken into account as pensionable service or as service for the purpose of calculating an allowance under Part V.(3) No period during which the officer was not in public service shall be taken into account as qualifying service or as pensionable service or service for the purpose of calculating an allowance under Part V: Provided that any period during which an officer shall have been seconded for non-public service with the approval of the Chief Executive may be taken into account as qualifying service and as pensionable service or service for the purpose of calculating an allowance under Part V. (G.N.A. 90 of 1960; 63 of 1999 s. 3) 15. Continuity of service (1) Except as otherwise provided in these regulations, only continuous service shall be taken into account as qualifying service or as pensionable service: Provided that any break in service caused by temporary suspension of employment not arising from misconduct or voluntary resignation shall be disregarded for the purposes of this paragraph. (2) An officer—(a) whose pension has been suspended under section 11 of the Ordinance or under a corresponding provision in any law or regulation relating to the grant of pensions in respect of public service; or(b) who has retired from the public service without pension on account of ill-health, abolition of office, or re-organization designed to effect greater efficiency or economy, and has subsequently been re-employed in the public service; or(c) who has left pensionable service under the Teachers (Superannuation) Act 1925 (1925 c. 59 U.K.), with a view to entering public service not being service pensionable under the said Act and has, not later than 3 months after leaving such first mentioned service, received any salary in respect of employment in public service not so pensionable; or(d) who, between 27 May 1966 and 17 November 1972, has retired from the public service by reason of her marriage and who, not later than 3 months after leaving such service, resumes employment in the public service, (L.N. 238 of 1972)may, if the Chief Executive thinks fit, be granted the pension or gratuity for which he would have been eligible if any break in his public service immediately prior to such suspension, re-employment or employment had not occurred, such pension to be in lieu of— (G.N.A. 90 of 1960; 63 of 1999 s. 3)(i) any pension previously granted to him from the general revenue; and (36 of 1987 s. 49)(ii) any gratuity so granted which is required to be refunded as a condition of the application to the officer of this regulation,but additional to any gratuity so granted which is not required to be refunded as aforesaid.(2A) Where an officer has more than one qualifying service or pensionable service—(a) all such service may be aggregated in accordance with paragraph (2); or(b) each such service may be treated separately,for the purposes of the grant of pension or gratuity in respect of such service, whichever is to his advantage in the circumstances. (36 of 1987 s. 49)(3) (a) A break in the service of an officer occurring wholly between 12 July 1946 and 23 July 1946, or between 16 August 1947 and 23 September 1947, as a result of the voluntary absence from the place of employment of such officer shall be disregarded for the purpose of computing the length of service qualifying for pension, annual allowance or gratuity: Provided that any such break in service shall not be disregarded in computing the length of service for the purpose of determining the amount of such pension, annual allowance or gratuity. (b) This paragraph shall be deemed to have had effect from 1 January 1947, in relation to officers to whom Part V does not apply and from 9 December 1949, in relation to officers to whom Part V applies. (G.N.A. 229 of 1950) 16. (Repealed 2 of 2012 s. 3) 17. (Repealed 36 of 1987 s. 49) 17A. Additional pension in respect of war service (1) This regulation applies to any officer—(a) who has at any time (whether before or after the commencement# of the Pensions (Amendment) Regulation 1992 (L.N. 373 of 1992)) been granted, or who is eligible for, a pension under the Ordinance;(b) who performed war service or compulsory national service; and(c) who is not entitled to an additional pension under the Colonial Service Officers Pensions Addition for War Service (United Kingdom) Scheme 1989.(2) An officer to whom this regulation applies shall be granted an additional pension in respect of his war service if—(a) his war service was not preceded by a period of pensionable service, and his relevant Government service—(i) began before 1 July 1950; or(ii) began on or after 1 July 1950 on the completion of a course of training, or probationership which was regarded as training, after his provisional selection to service under the Government or under the Government of the United Kingdom, provided that such training or probationership began before 1 July 1950 and was, in the opinion of the Secretary, necessary before he could be appointed to that service; or (10 of 2005 s. 195)(iii) began on or after 1 July 1950 following his selection before 1 July 1950, provided that he was available to take up the appointment before 1 July 1950 and took the first opportunity to travel to take up the appointment after selection; or(b) his relevant Government service was interrupted by his war service because he was required to perform compulsory national service on or after 1 July 1947.(3) Subject to paragraphs (4), (5) and (6), the additional pension payable under this regulation shall be calculated as follows—(a) in the case of an officer to whom paragraph (2)(a) applies, an annual amount equal to one six-hundredth of his pensionable emoluments for each complete period of 2 months of war service;(b) in the case of an officer to whom paragraph (2)(b) applies, an annual amount equal to one six-hundredth of his pensionable emoluments for each complete month of war service,and in calculating any period of war service, service before the officer attained the age of 18 years shall be disregarded.(4) If there was a break other than a break caused by war service in an officer’s relevant Government service that has not been condoned by the Government concerned, the reference in paragraph (3) to pensionable emoluments shall be treated as a reference to the officer’s pensionable emoluments during the period of service before that break.(5) Any amount of pension in respect of war service payable to an officer at the date of his retirement—(a) by the Government, otherwise than under this regulation; or(b) by a Scheduled Government,shall be deducted from the additional pension payable under this regulation.(6) Any period of war service in respect of which an officer received non-effective pay or excess remuneration shall not count as war service for the purposes of paragraph (3).(7) An additional pension granted under this regulation shall be granted as from—(a) the commencement of the Pensions (Amendment) Regulation 1992 (L.N. 373 of 1992); or(b) the retirement of the officer,whichever is the later, and shall be calculated and granted in Hong Kong dollars.(8) An officer to whom an additional pension is granted under this regulation shall not have an option under regulation 23 to be paid, in lieu of that additional pension, a gratuity and a reduced pension.(9) In this regulation—excess remuneration (附加報酬) means, in relation to a retired officer of the Armed Forces of the United Kingdom who is re-employed in those forces, any service pension drawn in respect of such period of re-employment or any addition to the normal pay attaching to the post in which the officer was re-employed which is granted by reason of the officer’s former employment in those forces; (2 of 2012 s. 3)non-effective pay (不再服務薪津) includes naval, military or air force pensions, retired pay or gratuities (other than war gratuities to which section 23 of the Finance (No. 2) Act 1945 (1945 c. 13 U.K.) applied);relevant Government service (有關的政府服務期) means service under the Government or under the Government of the United Kingdom that may be taken into account in determining whether an officer is eligible by length of service for a pension; war service (戰時服務) means service at any time between 3 September 1939 and 30 June 1950 in— (a) the Armed Forces of the United Kingdom; (2 of 2012 s. 3) (b) the merchant navy or mercantile marine; (c) any of the women’s services listed in Schedule 2. (L.N. 373 of 1992) Editorial Note: # Commencement date: 20 November 1992. 18. Emoluments to be taken for computing pension or gratuity (1) Subject to this regulation, for the purpose of computing the amount of the pension or gratuity of an officer, the highest pensionable emoluments enjoyed or drawn by him during his service in an established office shall be taken: (26 of 1982 s. 6; 36 of 1987 s. 49) Provided that if, by reason of any order made in any disciplinary proceedings against any officer, the amount to be taken in accordance with the provisions of this regulation exceeds the pensionable emoluments enjoyed by him at the date of his retirement, there shall be taken such pensionable emoluments. (L.N. 123 of 1980) (1A) Where an officer has more than one period of continuous service the highest pensionable emoluments enjoyed or drawn by him in the course of any particular period of continuous service only shall be taken in to account for computing the amount of the pension or gratuity for that period. (36 of 1987 s. 49)(1B) Where an officer is serving on trial or probation in an office immediately following service other than on trial or probation, the highest pensionable emoluments which the officer would have enjoyed or drawn in his substantive rank at the date of his retirement or death shall be taken for the purpose of computing the amount of the pension or gratuity of the officer. (36 of 1987 s. 49)(2) Notwithstanding paragraph (1) any increase in the pensionable emoluments of any office held by an officer due to a revision of salaries with effect from a date subsequent to the commencement of a period of his absence from duty on leave without salary shall be disregarded for the purposes of paragraph (1), unless—(i) the officer has since the expiration of that period of absence and in respect of that period of absence, (taking the earliest period first if there is more than one) completed an equal period of service on duty or leave with salary (other than leave immediately preceding retirement); or(ii) the officer retires in one of the cases referred to in section 6(1)(c), (d) or (e) of the Ordinance; or (80 of 1997 s. 102)(iii) the Chief Executive in any case otherwise directs. (26 of 1982 s. 6; 63 of 1999 s. 3) 19. Pensionable service, what is to be taken into account (1) Subject to paragraphs (2) to (9) hereof, only service in an established office shall be taken into account as pensionable service.(2) Where a period of service in a civil capacity otherwise than in an established office is immediately followed by service in an established office and the officer is confirmed therein—(a) three-quarters of such period may be so taken into account; or (G.N.A. 90 of 1960; L.N. 551 of 1994)(b) if prior to 31 May 1937, the officer was in the service under the Government and such period of service might have been taken into account as pensionable service either as a whole or less a third for any part of such period paid for out of an open vote, such period may as a whole or less such third, continue to be so taken into account, if this shall be to such officer’s advantage. (26 of 1982 s. 6)(3) Any break in service which may be disregarded under the provisions of regulation 15 may likewise be disregarded in determining for the purposes of paragraph (2), (8)(d) or (9) whether one period of service immediately follows another period of service.(4) Where an officer has been transferred from an established office in which he has been confirmed to a non-established office and subsequently retires either from an established office or a non-established office, his service in the non-established office may be taken into account as though it were service in the established office which he held immediately prior to such transfer and at the pensionable emoluments which were payable to him at the date of transfer; except— (G.N.A. 90 of 1960; L.N. 551 of 1994)(a) where the officer so elects, his total service including service in the established office, may be reckoned as though it were service in a non-established office; and(b) where a transfer from an established to a non-established office is made to provide continued employment for an officer who, on the ground of physical infirmity, has become incapable of retaining his established office, then the whole of his service shall be deemed to be service in a non-established office unless, by his subsequent retransfer to an established office, his case is brought within the provisions of paragraph (2).(5) Where a period of service in a non-established office is so taken into account under this regulation, the officer shall, during that period, be deemed for the purposes of regulations 6, 22 and 31 to be holding an established office, and where that period is taken into account under paragraph (4), to have been confirmed therein.(6) Where a female officer—(a) has, prior to 27 May 1966, retired from the service by reason of her marriage; and(b) has, upon retirement, received a marriage gratuity under these regulations,the period of service prior to such retirement shall not be taken into account as pensionable service. (L.N. 238 of 1972)(7) Where a female officer, other than a divorced or widowed female officer confirmed in an established office prior to 17 November 1972, has, after marriage, served in an established office prior to 27 May 1966, her service as a married officer for the period up to that date shall be deemed to be service in an established office and such period may be taken into account as pensionable service. (26 of 1982 s. 6; L.N. 551 of 1994)(8) Where a female officer who—(a) has retired by reason of her marriage between 27 May 1966 and 17 November 1972; and(b) has received a gratuity under regulation 6 or 13,is subsequently re-employed in the service under the Government, the period of service under the Government in respect of which the gratuity was granted shall not be taken into account as pensionable service unless—(c) an application to the contrary is made within 6 months of 17 November 1972;(d) there has been no break of service; and(e) the gratuity received is refunded together with interest at a rate to be determined by the Financial Secretary.(9) Where a female officer who—(a) has, prior to 17 November 1972, retired from the service by reason of her marriage; and(b) has not, upon retirement, received a marriage gratuity under these regulations,is without break in service subsequently re-employed in the service under the Government, the period of service prior to such retirement shall be taken into account as pensionable service. (30 of 1980 s. 5)(L.N. 238 of 1972; 30 of 1980 s. 5; 36 of 1987 s. 49) 19A. Deemed increase in service (1) In the case of an officer—(a) who retires from the public service under section 6(1)(e) of the Ordinance; and(b) whose retirement is necessitated or materially accelerated by permanent injury sustained in the circumstances described in regulation 31(1)(a), (b) and (c),his pensionable service shall be deemed to be twice the actual period of his pensionable service, subject to—(i) a minimum of 2 years; and(ii) a maximum of—(A) 20 years; or(B) the period of pensionable service that he would have completed if he had served until attaining the age of 55 years,whichever is the lesser. (3 of 1993 s. 31)(2) In the case of an officer who retires from the public service under section 6(1)(e) of the Ordinance otherwise than under the circumstances described in paragraph (1)(b) and whose period of qualifying service under the Government is— (3 of 1993 s. 31)(a) not less than 5 nor more than 20 years; or(b) more than 20 years but whose period of pensionable service is less than 20 years,his pensionable service shall be deemed to be—(i) twice the actual period of his pensionable service, subject to a maximum of 20 years; or(ii) the period of pensionable service that he would have completed if he had served until attaining the age of 55 years,whichever is the lesser.(26 of 1982 s. 6) 20. Acting service Where an officer has performed acting service in an office under the Government the period of such service may be taken into account as pensionable service (subject if the office is a non-established office to the provisions of regulation 19) if the period of such acting service—(a) is not taken into account as part of the officer’s own pensionable service in other public service;(b) is immediately preceded or followed by service as the substantive holder of an established office under the Government.(36 of 1987 s. 49) 21. Service not counting for pension Save as otherwise provided in these regulations, there shall not be taken into account as pensionable service—(a) (Repealed 4 of 1993 s. 38)(b) any period of service while he was on agreement expressly providing for the payment of a gratuity dependent upon the length of his service or on agreement on monthly terms not providing for payment of a gratuity or while he was on probation, unless without break of service he is confirmed in an established office in the public service and, if on agreement providing for the payment of such a gratuity, has repaid the gratuity (if any) received in respect of that period together with interest at a rate to be determined by the Financial Secretary; or (26 of 1982 s. 6; L.N. 352 of 1988)(c) any period during which an officer shall have been absent from duty without salary, unless such absence shall have been approved on grounds of public policy by the Chief Executive. (L.N. 352 of 1988; 63 of 1999 s. 3)(d) (Repealed 36 of 1987 s. 49)Provided that any break of service which may be disregarded under the provisions of regulation 15 may likewise be disregarded in determining whether the officer is confirmed in an established office without break of service.(36 of 1987 s. 49) 22. Abolition of office and reorganization If an officer holding an established office and who has been confirmed therein retires from the public service in consequence of the abolition of his office or for the purpose of facilitating improvements in the organization of the department to which he belongs, by which greater efficiency or economy may be effected—(a) he may, if he has been in the public service for less than 10 years, be granted in lieu of any gratuity under regulation 5 or 12, a pension under regulation 4, 9, 10 or 11, as the case may be, as if the words “for 10 years or more” were omitted from regulation 4;(b) he may, if he retires from the service under the Government, be granted an additional pension at the annual rate of one-sixtieth of his pensionable emoluments for each complete period of 3 years’ pensionable service:Provided that—(i) the addition shall not exceed ten-sixtieths; and(ii) the addition together with the remainder of the officer’s pension shall not exceed the pension for which he would have been eligible if he had continued to hold the office held by him at the date of his retirement and retired on reaching the age at which he is normally required to retire under the provisions of section 8 of the Ordinance, having received all increments for which he would have been eligible by that date. (G.N.A. 165 of 1952)(36 of 1987 s. 49) 23. Gratuity and reduced pension (1) Subject to paragraph (7), an officer to whom a pension is granted under the Ordinance shall, if he has exercised his option as hereinafter provided, but not otherwise, be paid in lieu of such pension a pension at the rate of 75, 80, 85, 90 or 95 per cent of such pension, respectively, as he shall have exercised his option, together with a gratuity equal to 14 times the amount of the annual reduction so made in the pension. (G.N.A. 44 of 1954; G.N.A. 34 of 1962; L.N. 249 of 1983)(2) The option referred to in paragraph (1) shall be exercisable, and if it has been exercised may be revoked, not later than the day immediately preceding the date of such officer’s retirement: Provided that the Chief Executive may, if it appears to him equitable in all the circumstances so to do, allow him to exercise the option or revoke an option previously exercised at any time between that date and the actual date of award of pension under the Ordinance. (63 of 1999 s. 3) (3) Subject to the provisions of paragraph (2), if an officer has exercised the option his decision shall be irrevocable so far as concerns any pension to be granted to him under the Ordinance. (L.N. 17 of 1976)(4) If an officer who has not exercised the option dies after he has finally retired but before a pension has been awarded under the Ordinance, it shall be lawful for the Chief Executive to grant a gratuity and a reduced pension as provided in paragraph (1), as if the officer before his death had exercised his option to receive a gratuity and 75 per cent of the pension granted to him. (G.N.A. 90 of 1960; G.N.A. 34 of 1962; 63 of 1999 s. 3)(5) The date of the exercise of the option by an officer shall be deemed to be the date of the receipt of his written notification addressed to the Director of Accounting Services. (L.N. 226 of 1976)(6) A re-employed officer or pensioner shall be deemed to have exercised, or not to have exercised, in respect of his service subsequent to re-employment, the said option, according as he exercised, or did not exercise, such option in respect of his previous service even if, in respect of such previous service, the option was not available to him. (L.N. 17 of 1976)(7) Where an officer retires or leaves the service in accordance with any compensation scheme, the reduced pension and the gratuity in lieu of the reduction in the pension shall be in accordance with the compensation scheme applicable to the officer.(36 of 1987 s. 49) Part V Non-pensionable Officers 24. Application of Part V This Part shall apply only to non-pensionable officers and shall have effect from the date of enactment hereof. 25. Interpretation In this Part— non-pensionable officer (非可享退休金人員) includes— (a) a person paid at daily rates of pay, hereinafter referred to as a daily paid employee; (b) an officer other than a daily paid employee who does not hold an established office or who holding an established office is serving on probation, but not including an officer who is serving under an agreement expressly providing for the payment of a gratuity dependent upon the length of service of such officer; such officers are hereinafter referred to as monthly paid officers: Provided that an officer holding an established office whilst on probation who is confirmed without break of service to an established office shall not be eligible for benefit under this Part in respect of service in an established office whilst on probation. For the purpose of this provision any break of service which may be disregarded under the provisions of regulation 15 may likewise be disregarded in determining whether an officer is confirmed in an established office without break of service; (E.R. 2 of 2024) salary (薪金) and pay (工資) mean remuneration exclusive of cost of living allowance or other allowance or extra pay for work done in hours which are beyond the normal working period: Provided that in the case of an officer who has elected salary (薪金) means 90 per cent of such salary as hereinbefore defined. (L.N. 15 of 1967; E.R. 2 of 2024) (36 of 1987 s. 49; E.R. 2 of 2024) 26. Annual allowance and gratuity for monthly paid officers (1) Every monthly paid non-pensionable officer serving under the Government in respect of whom the conditions set forth herein are fulfilled may on retirement be granted by the Chief Executive an annual allowance which, if his length of service does not exceed 25 years, shall be calculated at the rate of one eight-hundredth of his annual salary for every complete month of service under the Government and if his service exceeds 25 years, shall be calculated at three-hundred eight-hundredths of such annual salary with an addition thereto of one six-hundredth of such annual salary for every complete month of service under the Government in excess of 25 years, and any incomplete month of service shall be taken to be that fraction of a complete month whereof the denominator is 30 and the numerator the number of days of service in that incomplete month, irrespective of the actual number of days in that month. (G.N.A. 90 of 1960; 26 of 1982 s. 6; 63 of 1999 s. 3)(2) Such annual salary shall be computed in accordance with the provisions of regulation 18, subject to the following modifications—(a) for the word “pension” wherever it occurs, there shall be substituted the words “annual allowance”;(b) for the words “service in an established office” in paragraph (1) there shall be substituted the words “public service”; (26 of 1982 s. 6)(c) for the words “pensionable emoluments” wherever they occur, there shall be substituted the word “salary”; and (G.N.A. 90 of 1960; L.N. 123 of 1980)(d) for the words “section 6(1)(c), (d) or (e) of the Ordinance” in paragraph (2)(ii) there shall be substituted the words “regulation 26(4)(c), (cc) or (d)”. (26 of 1982 s. 6; 80 of 1997 s. 102)(3) Annual salary in respect of an officer who, having held a non-established office is serving on probation in an established office, shall be the annual pensionable emoluments of the established office or the annual pay last received in respect of his service in a non-established office, whichever shall be greater.(4) The conditions upon which an annual allowance or gratuity may be granted under this regulation are—(a) subject to paragraphs (9), (10) and (11), such service must have been continuous for a period of not less than 10 years: (L.N. 17 of 1976; 4 of 1993 s. 39) Provided that such interruptions in service which may be disregarded under regulation 15 for the purpose of qualifying for and computing a pension may be disregarded for the purpose of qualifying for and computing an annual allowance under this regulation; and either (b) the officer must have attained the age of 55; or(bb) where the officer’s retirement is with the approval of the Chief Executive, the officer must have attained the age of 45; or (L.N. 123 of 1980; 63 of 1999 s. 3)(c) the Chief Executive must be satisfied on medical evidence that he is incapable by reason of infirmity of mind or body of discharging the duties of his office and that such infirmity is likely to be permanent; or (63 of 1999 s. 3)(cc) the officer’s retirement must be necessitated by the abolition of his office; or (L.N. 123 of 1980)(d) the officer’s retirement must be necessitated by the reorganization of the department to which he belongs in order to effect greater economy or efficiency; or (L.N. 352 of 1988)(e) the officer’s retirement must be necessitated by the public interest; or (L.N. 352 of 1988)(f) the officer’s retirement must be compulsory and by reason of the exercise by the Government of disciplinary powers of punishment. (L.N. 352 of 1988)(4A) Unless otherwise directed by the Chief Executive, an annual allowance or gratuity granted to an officer to whom paragraph (4)(e) or (f) applies shall not be payable until the officer attains the age of 55 years. (4 of 1993 s. 39; 63 of 1999 s. 3)(5) An officer to whom an annual allowance is granted under this regulation shall, if he has exercised his option as hereinafter provided, but not otherwise, be paid in lieu of such annual allowance an annual allowance at the rate of 75, 80, 85, 90 or 95 per cent of such annual allowance, respectively, as he shall have exercised his option, together with a gratuity equal to 14 times the amount of the annual reduction so made in the annual allowance. (L.N. 123 of 1980; L.N. 249 of 1983)(5A) The option referred to in paragraph (5) shall be exercisable, and if it has been exercised may be revoked, not later than the day immediately preceding the date of such officer’s retirement: Provided that the Chief Executive may, if it appears to him equitable in all the circumstances so to do, allow him to exercise the option or revoke the option previously exercised at any time between that date and the actual date of award of the annual allowance under this regulation. (L.N. 123 of 1980; 63 of 1999 s. 3) (5B) Subject to paragraph (5A), if an officer has exercised the option his decision shall be irrevocable so far as concerns any annual allowance to be granted to him under this regulation. (L.N. 123 of 1980)(5C) If an officer who has not exercised the option dies after he has finally retired but before an annual allowance has been granted to him under this regulation, it shall be lawful for the Chief Executive to grant a gratuity and reduced annual allowance as provided in paragraph (5), as if the officer before his death had exercised his option to receive a gratuity and 75 per cent of the annual allowance. (L.N. 123 of 1980; L.N. 63 of 1992; 63 of 1999 s. 3)(5D) The date of exercise of the option by an officer shall be deemed to be the date of the receipt of his written notification addressed to the Director of Accounting Services. (L.N. 123 of 1980)(6) No annual allowance may be granted under this regulation to any officer in an established office in excess of the pension which might have been granted had that officer been a pensionable officer in the office held by him, with the same service.(7) (a) Unless it shall have been approved on grounds of public policy by the Chief Executive, any period during which a non-pensionable officer shall have been absent from duty without salary shall not be taken into account for the purpose of computing the period of service in respect of which an annual allowance or a gratuity may be granted under these regulations. (63 of 1999 s. 3)(b) A period during which a non-pensionable officer is absent from duty without salary shall not be regarded as constituting a break in service. (L.N. 352 of 1988)(8) Every monthly paid non-pensionable officer serving under the Government who retires on any of the conditions stated in paragraph (4)(b), (bb), (c), (cc) and (d) and who on his retirement has not completed 10 years unbroken service may be granted by the Chief Executive a gratuity not exceeding 7 times the annual allowance which if there has been no qualifying period might have been granted to him under this regulation. (G.N.A. 72 of 1955; L.N. 123 of 1980; 63 of 1999 s. 3)(8A) Where a non-pensionable female officer who—(a) has, prior to 17 November 1972, retired from the service by reason of her marriage; and(b) has not, upon retirement, received a marriage gratuity under these regulations,is without break in service subsequently re-employed in the service under the Government, the period of service prior to such retirement shall be taken into account for the purpose of computing the period of service in respect of which an annual allowance or gratuity may be granted under these regulations. (30 of 1980 s. 5)(8AA) In the case of an officer—(a) who retires under paragraph (4)(c); and(b) whose retirement is necessitated or materially accelerated by permanent injury sustained in the circumstances described in regulation 31(1)(a), (b) and (c),for the purposes of paragraph (1) or (8) his period of service to be taken into account in computing an award of an annual allowance or gratuity shall be deemed to be twice the actual period of his service, subject to a minimum of 2 years and a maximum of—(i) 20 years; or(ii) the period of pensionable service that he would have completed if he had served until attaining the age of 55 years,whichever is the lesser. (3 of 1993 s. 32)(9) In the case of an officer who retires under paragraph (4)(c) otherwise than under the circumstances described in paragraph (8AA)(b) and whose period of service under the Government is— (3 of 1993 s. 32)(a) not less than 5 nor more than 20 years; or(b) more than 20 years but whose period of service to be taken into account in computing an award under paragraph (1) is less than 20 years,for the purposes of paragraph (1) or paragraph (8) his period of service to be taken into account in computing an award under paragraph (1) shall be deemed to be—(i) twice his actual period of service to be taken into account in computing an award under paragraph (1) (subject to a maximum of 20 years); or(ii) the period of service to be taken into account in computing an award under paragraph (1) that he would have completed if he had served until attaining the age of 55 years,whichever is the lesser. (26 of 1982 s.

6)(10) Where an officer’s retirement is necessitated by the abolition of his office or by the reorganization of the department to which he belongs in order to effect greater economy or efficiency—(a) he may, if he has been in the service of the Government for less than 10 years, be granted in lieu of any gratuity under paragraph (8), an annual allowance under paragraph (1), as if the words “for a period of not less than 10 years” were omitted from paragraph (4)(a);(b) he may be granted an additional annual allowance in respect of his unbroken service calculated in the following manner—(i) for each complete period of 3 years service under the Government up to 24 years, one-eightieth of his annual salary;(ii) for the complete period of 3 years service under the Government after 24 years, eleven-seven hundred and twentieths of his annual salary; (E.R. 2 of 2024)(iii) for each complete period of 3 years service under the Government after 27 years, one-sixtieth of his annual salary: Provided that— (i) any such additional annual allowance shall not exceed ten-eightieths of his annual salary; and(ii) any such additional annual allowance together with the remainder of the officer’s annual allowance shall not exceed the annual allowance for which he would have been eligible if he had continued to hold the office held by him at the date of his retirement and retired on reaching the age of 55 having received all increments for which he would have been eligible by that date. (L.N. 123 of 1980)(11) An officer referred to in paragraph (4)(e) or (f) may, if he has been in the service of the Government for less than 10 years, be granted an annual allowance under paragraph (1), as if the words “for a period of not less than 10 years” were omitted from paragraph (4)(a). (4 of 1993 s. 39)(12) An annual allowance under this regulation shall be paid in monthly instalments, or less frequently if so requested by the recipient. (4 of 1993 s. 39)(36 of 1987 s. 49) 27. Gratuity for daily paid employees Every daily paid employee serving under the Government may on his retirement on any of the conditions stated in regulation 26(4)(b), (bb), (c), (cc) and (d) after completing not less than 5 years unbroken service be granted by the Chief Executive a gratuity calculated at the rate of 15 times the rate of pay per day of which he is in receipt at the time of his retirement for every completed period of 12 months’ service: (L.N. 123 of 1980; 36 of 1987 s. 49; E.R. 2 of 2024)Provided that the Chief Executive may give directions in any particular case that service prior to a break which is not occasioned by dismissal for misconduct or by voluntary resignation and which does not extend for more than 3 years, shall be deemed to have preceded subsequent service without break. (G.N.A. 31 of 1954; G.N.A. 90 of 1960)(63 of 1999 s. 3) 28. Service partly as monthly paid officer and partly as a daily paid employee (1) Where a person’s service under the Government has been partly as a monthly paid officer and partly as a daily paid employee he may if he fulfils any of the conditions set out in regulation 26(4)(b), (bb), (c), (cc) and (d) on his retirement be granted in respect of his service—(a) an annual allowance or gratuity in respect of his aggregate service as a monthly paid officer under regulation 26: Provided that regulation 18 shall be applied as though the words “date of the final termination of his service as a monthly paid officer” were substituted for the words “date of his retirement” wherever they appear in the said regulation; and (b) if his total service under the Government is not less than 5 years a gratuity in respect of his aggregate service as a daily paid employee under regulation 27 as though the words “time of the final termination of his service as a daily paid employee” were substituted for the words “time of his retirement” in the said regulation; or, if he so elects, in lieu of such gratuity his continuous daily paid service prior to a transfer to monthly paid service shall be deemed to be monthly paid service for the purpose of calculating an annual allowance or gratuity under subparagraph (a). (26 of 1982 s. 6)(2) For the purposes of this regulation—continuous daily paid service (連續日薪服務期) includes 2 or more periods of service only if they are separated by a period or periods of monthly paid service;daily paid service (日薪服務期) includes any period of absence from duty in such circumstances as may be approved by the Chief Executive. (63 of 1999 s. 3)(L.N. 123 of 1980; 36 of 1987 s. 49) 29. Gratuity payable where a non-pensionable officer dies in the service under the Government (1) Where no gratuity can be granted under section 17 of the Ordinance in respect of a non-pensionable officer who dies while in the service under the Government or whose death was caused in the discharge of his duty or as a direct result of injuries received whilst on duty or by illness specifically attributable to the nature of his duties, a gratuity may be granted under this regulation—(a) where the officer had not made a nomination under paragraph (1AA), to his legal personal representative;(b) where the officer had made a nomination under paragraph (1AA), to his spouse; or(c) where such gratuity does not exceed such amount as may be determined by the Chief Executive, to such person as the Chief Executive shall name as the recipient. (3 of 1993 s. 33; 63 of 1999 s. 3)(1AA) A non-pensionable officer may by a notice in writing to the Secretary nominate his spouse to be the recipient of the gratuity payable under this regulation in respect of his death. (3 of 1993 s. 33)(1AB) An officer who makes a nomination under paragraph (1AA) may at any time revoke the nomination by a notice in writing to the Secretary. (3 of 1993 s. 33)(1A) In respect of an officer who has more than one period of continuous service, a gratuity shall be granted under paragraph (1) in respect of each period of continuous service; but the total sum of the gratuities granted in respect of more than one period of continuous service shall not exceed the sum of the gratuity that would have been granted had the officer’s period of service been continuous and had his highest salary or notional highest salary in respect of his previous period of service, whichever is the greater, been taken for the calculation of the gratuity, less any pension, gratuity or allowance already paid or payable to him but excluding any additional pension granted under regulation 31. (36 of 1987 s. 49)(2) A gratuity granted under paragraph (1) shall be of an amount to be determined by the Chief Executive but shall not exceed— (26 of 1982 s. 6; 63 of 1999 s. 3)(a) where the officer has completed not less than 2 years’ service under the Government and where—(i) he was paid monthly—(A) 9 months’ salary; or(B) the commuted annual allowance gratuity, if any, or where appropriate the commuted annual allowance gratuity supplemented in accordance with paragraph (2A),whichever is the greater; and(ii) he was paid daily, 180 days’ pay; (3 of 1993 s. 33)(b) where the officer has completed not less than 1 year’s but less than 2 years’ service under the Government and where— (L.N. 551 of 1994)(i) he was paid monthly, 6 months’ salary; or(ii) he was paid daily, 120 days’ pay; (3 of 1993 s. 33)(c) where the officer has completed less than 1 year’s service under the Government and where—(i) he was paid monthly, 3 months’ salary; or(ii) he was paid daily, 60 days’ pay. (3 of 1993 s. 33)(2A) In the case of an officer whose period of service under the Government is—(a) not less than 5 nor more than 20 years; or(b) more than 20 years but whose period of service to be taken into account in computing an award under regulation 26(1) is less than 20 years,the commuted annual allowance gratuity, if any, may be supplemented by deeming his period of service to be taken into account in computing an award under regulation 26(1) to be twice his actual period of service to be taken into account in computing such award (subject to a maximum of 20 years) or the period of such service he would have completed if he had served until attaining the age of 55 years, whichever is the lesser, but an officer who has been granted a deemed increase of service under this paragraph in respect of his previous period of service shall only be eligible for a further deemed increase of service for any subsequent period of service to the extent that the total deemed increase of service does not exceed the maximum deemed increase of service specified in this paragraph:Provided that this paragraph shall not apply in the case of a computation of a gratuity where the officer’s service to be so taken into account has already been deemed under regulation 26(9) to be twice his actual period of such service or the period of such service he would have completed if he had served until attaining the age of 55 years. (26 of 1982 s. 6)(2AA) In computing a deceased officer’s commuted annual allowance gratuity for the purposes of paragraph (2)—(a) 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 made;(b) notwithstanding subparagraph (a), for the purpose of determining an officer’s annual salary, his service shall be deemed to have ended on the date of his death.(2B) For the purpose of supplementing under paragraph (2), (2A) or (6) the commuted annual allowance gratuity of an officer to whom such paragraph applies, where appropriate his continuous daily paid service prior to transfer to monthly paid service shall be deemed to be monthly paid service as if he had so elected under regulation 28(1)(b). (26 of 1982 s. 6)(3) A gratuity granted under paragraph (1) to the legal personal representative shall form part of the estate of the officer for the purposes of distribution but, nevertheless, no estate duty shall be payable in respect thereof, and this addition to the principal value of the estate shall not be taken into account for the purpose of increasing the rate at which estate duty on the remainder of the estate may be payable.(4) In this regulation commuted annual allowance gratuity (經折算的年積金酬金) means the maximum gratuity, if any, which might have been granted to the officer under regulation 26(5) if he had retired at the date of his death in the circumstances described in paragraph (4)(a) and (c) of that regulation and had elected to receive a gratuity and a reduced annual allowance. (G.N.A. 34 of 1962)(5) For the purposes of computing 3 months’, 6 months’ or 9 months’ salary of an officer under paragraph (2), the highest monthly salary enjoyed or drawn by him in the course of any particular period of continuous service only shall be taken into account for computing the amount for that period; but, where an officer is serving on trial or probation in an office immediately following service other than on trial or probation, the highest monthly salary which the officer would have enjoyed or drawn in his substantive rank at the date of his retirement or death shall be taken into account. (36 of 1987 s. 49; 3 of 1993 s. 33)(6) Where an officer dies after retirement from service under the Government having been granted, or having become eligible for, an annual allowance under regulation 26 and that sums paid or payable at the date of his death on account of such annual allowance, including any sum awarded by way of gratuity under regulation 26 but excluding any additional pension awarded in accordance with the provisions of regulation 31(2) are in total, less than the amount of 9 months’ salary, or his commuted annual allowance gratuity, if any, or where appropriate the commuted annual allowance gratuity supplemented in accordance with paragraph (2A), whichever is the greater, the Chief Executive may grant a gratuity equal to the deficiency to the officer’s legal personal representative or, where that gratuity does not exceed such amount as may be determined by the Chief Executive, to such person as the Chief Executive shall name as the recipient. (63 of 1999 s. 3)(G.N.A. 90 of 1960; L.N. 123 of 1980; 36 of 1987 s. 49) 30. Application of section 9 of the Ordinance The provisions of section 9 of the Ordinance shall apply to annual allowances under this Part as though the words “annual allowance” were substituted for the word “pension” except where the word “pension” relates to an additional pension and as though the word “salary” was substituted for “pensionable emoluments” wherever such word or words may appear, and as though the words “regulation 26(4)(c), (cc) or (d)” were substituted for the words “section 6(1)(c), (d) or (e)”.(26 of 1982 s. 6; 80 of 1997 s. 102) Part VI Supplementary 31. Officers retiring on account of injuries (1) If an officer holding an established office in which he has been confirmed is permanently injured—(a) in the actual discharge of his duty; and(b) not due to his own serious and wilful misconduct; and (3 of 1993 s. 34)(c) on account of circumstances specifically attributable to the nature of his duty,he may—(i) if his retirement is thereby necessitated or materially accelerated and he has been in the public service for less than 10 years, be granted, in lieu of any gratuity under regulation 5 or 12, a pension under regulation 4, 9, 10 or 11, as the case may be, as if the words “for 10 years or more” were omitted from the said regulation 4;(ii) if he is so injured on or after 1 February 1993 while in the service under the Government and as a result of such injury his capacity to contribute to his own support thereby becomes impaired at or after his retirement, be granted an additional pension at the annual rate of the proportion of his actual pensionable emoluments at the date of his injury in direct proportion to the percentage of permanent incapacity suffered by him, and such additional pension shall be payable—(A) where he suffers incapacity before his retirement, with effect from the date of his retirement;(B) where he suffers incapacity after his retirement, with effect from the date on which such incapacity is determined in accordance with paragraph (1A); (98 of 1994 s. 14)(iii) if he is so injured before 1 February 1993 while in the service under the Government, be granted on retirement an additional pension at the annual rate of the proportion of his actual pensionable emoluments at the date of his injury appropriate to his case as shown in the table in this paragraph; (98 of 1994 s. 14)(iv) if he is so injured before 1 February 1993 while in the service under the Government and his capacity to contribute to his own support thereby becomes impaired after his retirement, be granted from the time such impairment is established an additional pension at the annual rate of the proportion of his actual pensionable emoluments at the date of his injury appropriate to his case as shown in the table in this paragraph. (98 of 1994 s. 14) Table When the officer’s capacity to contribute to his own support is— (a) slightly impaired 50/600 (b) impaired 100/600 (c) materially impaired 150/600 (d) totally destroyed 200/600 (98 of 1994 s. 14)Provided that the amount of the additional pension may be reduced to such an extent as the Chief Executive shall think reasonable where the injury is not the cause or the sole cause of retirement. (G.N.A. 90 of 1960; 63 of 1999 s. 3)(1A) The percentage of permanent incapacity referred to in paragraph (1)(ii) shall be assessed in such manner as the Secretary may specify by general notice published in the Gazette. (3 of 1993 s. 34)(2) Any officer so injured while in the service under the Government not holding an established office, or holding an established office in which he has not been confirmed, may be granted on retirement a pension of the same amount as the additional pension which might be granted to him under paragraph (1) if his office were an established office and he had been confirmed therein.(3) (Repealed 36 of 1987 s. 49)(4) 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 to have been injured in the circumstances detailed in paragraph (1)(a) and (c). (3 of 1993 s. 34)(4A) Where an additional pension is granted under this regulation 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.(5) The provisions of regulation 23 shall not apply to a pension granted under this regulation.(6) Paragraphs (1)(ii), (iii) and (iv) and (2) 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). (G.N.A. 34 of 1962; 51 of 1980 s. 48; 3 of 1993 s. 34; 98 of 1994 s. 14; 21 of 1995 s. 46; 6 of 2008 s. 39)(7) If there is any variation in the degree of incapacity of an officer subsequent to the grant of a pension or additional pension granted to him under this regulation, the rate at which such pension has been granted may be reassessed in such manner as the Secretary may specify by general notice published in the Gazette and at such time as the Secretary may think fit. (3 of 1993 s. 34)(8) A pension or additional pension granted to an officer under paragraph (1)(iii) or (iv) may be reassessed in accordance with the table in paragraph (1) at such time or times as a medical board appointed by the Hospital Authority may determine, if there is any variation in the extent of the impairment of that officer’s capacity to contribute to his own support. (98 of 1994 s. 14)(36 of 1987 s. 49) 32. Commutation In lieu of the grant of a pension or annual allowance there may, with the approval of the Chief Executive, be granted to an officer if he intends to reside in India or in China (excluding Hong Kong), a capital sum equal to the amount of 5 annual payments, but no such capital sum shall ordinarily be paid in any case of retirement on the ground of ill-health:Provided that for the purposes of this regulation such annual payments shall be the remaining portions after deduction of the annual contribution, if any, due in respect of widows and orphans pension.(63 of 1999 s. 3) 33. Allowance in certain cases to hospital matrons and nursing-sisters, with other services Where a European matron or a European nursing-sister has been employed in other public service as a qualified nursing-sister or matron, which employment was obtained by or through the Overseas Nursing Association, and has held an established office under the Government on or at any time after 1 January 1926, as a matron or nursing-sister in a Government hospital for a period, which need not be continuous, of not less than 3 years, and she is not eligible in respect of such period or any part thereof for pension, gratuity or other retiring allowance under the regulations contained in Parts II and IV, but her aggregate service under the Government and in other public service as aforesaid make up a period, which need not be continuous, of not less than 15 years, or 10 years if she is compelled by reason of ill-health, not caused by her own misconduct, to relinquish her overseas nursing career, she may, subject as hereinafter provided, on her ultimate retirement from the public service be granted an allowance calculated at the rate of 8 shillings and 4 pence per annum, if retiring before 1 April 1951, and at the rate of one pound per annum if retiring on or after that date, for each complete month of her pensionable service under the Government in respect of which she is not otherwise eligible for pension, gratuity or other allowance under Parts II and IV, as aforesaid: (G.N.A. 93 of 1953; G.N.A. 107 of 1955)Provided that, except in the case of retirement, which in the opinion of the Chief Executive is ultimate retirement on account of infirmity of mind or body, or which is from a British colony in which the age of voluntary retirement is less than 50 years, no such allowance shall be payable until the matron or nursing-sister attains the age of 50 years; and provided further that the grant of every allowance under this regulation shall be dependent on the production to the satisfaction of the Chief Executive of certificates of satisfactory service in respect of each term of service making up the minimum period of 15 years or 10 years, as the case may be, and that the total allowance drawn by a matron or nursing-sister from all sources in respect of her nursing career shall not exceed two-thirds of the highest pensionable emoluments drawn by her at any time in the course of her service under the Government or in other public service. (G.N.A. 90 of 1960; 63 of 1999 s. 3)(36 of 1987 s. 49) Schedule 1 [reg. 8](L.N. 373 of 1992) AdenAntiguaBahamasBarbadosBasutolandBechuanaland ProtectorateBermudaBritish Antarctic TerritoryBritish GuianaBritish HondurasBritish Solomon Islands ProtectorateBruneiCayman IslandsCrown Agents for Oversea Governments and AdministrationsCyprusDominicaEast Africa High CommissionEast African Common Services OrganizationEast African CommunityEast African Harbours CorporationEast African Posts and Telecommunications CorporationEast African Railways and Harbours AdministrationEast African Railways CorporationEastern Region of NigeriaEmploying Authorities under the Oversea Superannuation SchemeEmploying Authorities under the Overseas Service Act 1958Falkland IslandsFederal Republic of NigeriaFederated Malay StatesFederation of MalayaFederation of NigeriaFederation of Rhodesia and NyasalandFijiGambiaGhanaGibraltarGilbert and Ellice Islands ColonyGold CoastGrenadaGuyanaJamaicaKenyaKenya and Uganda Railways and Harbours AdministrationKingdom of LesothoLeeward Islands (before 1 July 1956)MalawiMalayan EstablishmentMalayan UnionMalaysiaMaltaMauritiusMid West NigeriaMontserratNigeriaNorth BorneoNorthern Region of NigeriaNorthern RhodesiaNyasalandOverseas Audit Department (Home Establishment)Peoples’ Democratic Republic of YemenPost Office, United Kingdom of Great Britain and Northern IrelandRepublic of BotswanaRepublic of ZambiaSabahSt. Christopher Nevis and AnguillaSt. HelenaSt. LuciaSt. VincentSarawakSeychellesSierra LeoneSingaporeSomaliland ProtectorateStraits SettlementsSwazilandTanganyikaThe West Indies (Federation)TrinidadTurks and Caicos IslandsUgandaUnited Kingdom of Great Britain and Northern IrelandUnited Republic of TanzaniaVirgin IslandsWestern Region of NigeriaZanzibar(G.N.A. 34 of 1962; L.N. 15 of 1967; L.N. 44 of 1970; L.N. 238 of 1972;36 of 1987 s. 49) Schedule 2 [reg. 17A]Women’s Services 1. Member of Queen Alexandra’s Royal Naval Nursing Service or any reserve thereof 2. Member of the Women’s Royal Naval Service 3. Woman medical or dental practitioner serving in the Royal Navy or any naval reserve 4. Member of Queen Alexandra’s Imperial Military Nursing Service or any reserve thereof or of Queen Alexandra’s Royal Army Nursing Corps or any reserve thereof 5. Member of the Territorial Army Nursing Service or any reserve thereof 6. Member of the Auxiliary Territorial Service or the Women’s Royal Army Corps 7. Woman employed with the Royal Army Medical Corps or the Army Dental Corps with relative rank as an officer 8. Member of Princess Mary’s Royal Air Force Nursing Service or any reserve thereof 9. Member of the Women’s Auxiliary Air Force or the Women’s Royal Air Force 10. Woman employed with the Medical Branch or the Dental Branch of the Royal Air Force with relative rank as an officer 11. Member of the Voluntary Aid Detachments employed under the Admiralty, Army Council or Air Council(L.N. 373 of 1992; E.R. 2 of 2024)