Cap. 94 sub. leg. A

Widows and Orphans Pension (Application) Regulations(Cap. 94, section 3) [28 November 1952](Format changes—E.R. 5 of 2021) 1. Citation These regulations may be cited as the Widows and Orphans Pension (Application) Regulations. 2. Interpretation In these regulations, unless the context otherwise requires—agreement officer (合約人員) means an officer who was or is in the public service by virtue of such an agreement as is mentioned in regulation 3(e); established office (設定職位), in relation to an officer, has— (a) in case the Pensions Ordinance (Cap. 89) applies to the officer, the meaning assigned to it by section 2 of that Ordinance; (36 of 1987 s. 50) (b) in case the Pension Benefits Ordinance (Cap. 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap. 401) applies, the meaning assigned to it by section 2 of the Pension Benefits Ordinance (Cap. 99); (85 of 1988 s. 47) holder of an established office (設定職位擔任者) means a person who is serving in an established office having been confirmed to the permanent establishment therein; (36 of 1987 s. 50) material date (關鍵日期) means the date when these regulations come into operation*; salary (薪金) does not include expatriation pay or cost of living or other allowance. Editorial Note: * Operation date: 28 November 1952. 3. Categories of persons to whom the term “officer” applies As from the material date the term “officer” in the Ordinance shall apply, subject to regulations 4 and 5, to the following— (L.N. 232 of 1976; 3 of 1993 s. 44) (a) the Chief Executive if he was a contributor under the Ordinance immediately before his appointment as Chief Executive; (63 of 1999 s. 3)(b) the Chief Executive’s private secretaries and aides-de-camp if they were contributors under the Ordinance immediately before they held these positions or if they are also the holders of established offices entitling them to contribute; (36 of 1987 s. 50; 63 of 1999 s. 3) (c) every male holder of an established office; (36 of 1987 s. 50) (d) every male person serving on probation in an established office; and (36 of 1987 s. 50) (e) every male person serving on agreement in any office in the public service under the Government for a period of 2 1/2 years or more: (L.N. 87 of 1973)Provided that—(i) the said term shall not apply to any person specified in paragraph (c), (d) or (e) who is in receipt of a salary of less than $4,440 per annum, or if at the time of his appointment to such office he has attained the age of 49 years; (17 of 1963 s. 7(a)) (ii) this regulation shall not apply to any person in any of the following posts, that is to say, police constable, constable Hawker Control Force, fireman, assistant officer Class II, detective district watchman, district watchman, ambulanceman and assistant revenue officer; (17 of 1963 s. 7(b); L.N. 191 of 1970; L.N. 6 of 1972; L.N. 87 of 1973) (iii) this regulation shall not apply to any police officer who was in the public service at the material date and whose salary did not suffer abatement under the Ordinance unless and until such officer is promoted, or elects to become a contributor as from the material date by written notice to that effect given to the Director of Accounting Services within 1 month from the material date; and (L.N. 16 of 1977) (iv) an agreement officer who is at the material date in the public service or shall thereafter join it shall be bound by this regulation only if he fails to give written notice to the Director of Accounting Services that he does not desire this regulation apply to him. Such notice shall be given within 3 months— (G.N.A. 92 of 1957; L.N. 87 of 1973; L.N. 16 of 1977) (x) from the material date; or (y) from the date of assumption of duty; or (z) in the case of an offer of employment as an agreement officer where such employment is to begin from a date which has already passed, from the date of acceptance of such offer, whichever is the latest. 4. Agreement officers (1) Notwithstanding paragraph (iv) of the proviso to regulation 3, the term “officer” in the Ordinance shall not apply to an agreement officer who joins the public service after the commencement# of the Widows and Orphans Pension (Application) (Amendment) Regulations 1976 (L.N. 232 of 1976) unless, in accordance with this regulation, he gives written notice (which shall be irrevocable) to the Director of Accounting Services that he desires the term “officer” to apply to him. (L.N. 16 of 1977) (2) Notice under paragraph (1) shall be given within 3 months, or such greater period as the directors may in any particular case allow— (E.R. 5 of 2021)(a) from the date of assumption of duty; or (b) in the case of an offer of employment as an agreement officer where such employment is to begin from a date which has already passed, from the date of acceptance of such offer,whichever is the later. (3) An officer who has given notice under paragraph (1) shall be required to contribute under the Ordinance—(a) from the date of assumption of duty; or (b) in the case of an offer of employment as an agreement officer where such employment is to begin from a date which has already passed, from the date of acceptance of such offer,whichever is the later.(L.N. 232 of 1976) Editorial Note: # Commencement date: 3 September 1976. 5. Officers elected to cease to make contribution The term “officer” in the Ordinance shall not apply to an officer who makes an election under section 15A(1) of the Ordinance as from the date on which his election becomes effective.(3 of 1993 s. 45)