||Title:||PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE||Gazette Number:||26 of 1999|
|Section:||33||Heading:||Petition to Chief Executive||Version Date:||01/07/1997|
Adaptation amendments retroactively made - see 26 of 1999 s. 3
(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-
(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.
(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.
(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.
(Enacted 1988. Amended 26 of 1999 s. 3)