Chapter:	89	Title:	PENSIONS ORDINANCE	Gazette Number:	79 of 1995; L.N. 362 of 1997; 63 of 1999
Section:	2	Heading:	Interpretation	Version Date:	01/07/1997

Adaptation amendments retroactively made - see 63 of 1999 s. 3

(1) In this Ordinance, unless the context otherwise requires-
"authorized increase" (特准增加額) has the same meaning as in the Pensions (Increase) Ordinance (Cap 305); (Added 36 of 1987 s. 36)
"compensation scheme" (補償計劃) means a compensation scheme approved under section 6A; (Added 36 of 1987 s. 36)
"established office" (設定職位) means-

(a) in respect of service under the Government an office which-
(i) by virtue of provision for the time being in force in an Order made by the Chief Executive and published in the Gazette, is declared to be an established office; and any such Order may specify a date prior to such Order from which the office is deemed to be an established office; and any such Order may from time to time be amended, added to, or revoked by an Order so made and published; but where by virtue of any such amendment or revocation any office ceases to be an established office, then so long as any person holding that office at the time of the amendment or revocation continues therein, the office shall, as respects that person, continue to be an established office; or
(ii) immediately preceding the commencement of this Ordinance was pensionable whether to holders of such office generally or to a particular holder; and such office shall be an established office until it is no longer an established office by virtue of an Order made by the Chief Executive and published in the Gazette; and such Order shall have the like effect as an Order made under subparagraph (i) hereof revoking an Order made under this Ordinance: Provided that no declaration that any office is an established office shall be deemed to imply that any holder thereof who is not on the permanent establishment under the Government at the date of his retirement shall be the holder of an established office; or
(iii) by virtue of an Order made by the Chief Executive and published in the Gazette is declared to be deemed to have been an established office; and any such Order may specify the period during which the office is deemed to have been an established office; (Amended 27 of 1952 s.2; 72 of 1973 s.2;36 of 1987 s.36; 63 of 1999 s. 3)
(b) in respect of other public service an office which is for the time being a pensionable office under the law or regulations in force in such service; (Amended 36 of 1987 s. 36)

(a) in respect of service under the Government after 31 March 1965-
(i) substantive salary or, in the case of an officer who has elected, 90% of substantive salary;
(ii) expatriation pay or, in the case of an officer who has elected, 50% of expiration pay;
(iii) personal allowance;
(iv) special allowance or, in the case of an officer who has elected, 90% of special allowance; and (Added 19 of 1970 s. 2 w.e.f. 1 January 1967)
(v) an allowance to be taken as a pensionable emolument under subsection (3), (Added 4 of 1993 s. 4)
but does not include any other emoluments whatever; (Replaced 5 of 1967 s.2. Amended 36 of 1987 s. 36)
(b) in respect of other public service emoluments which count for pension in accordance with the law or regulations in force in such service;

(a) service in a civil capacity under the Government or any country or territory in the Commonwealth; (Amended 36 of 1987 s. 36; 63 of 1999 s. 3)
(b) service 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; (Replaced 34 of 1970 s. 2. Amended 36 of 1987 s. 36)
(c) service which is pensionable-
(i) under the Oversea Superannuation Scheme;
(ii) under any Acts relating to the superannuation of teachers in the United Kingdom;
(iii) under a local authority in the United Kingdom; or (iv) under the National Health Service of the United Kingdom;
(d) any other service that the Governor has determined to be public service for the purposes of this Ordinance; (Amended 36 of 1987 s. 36)
(e) except for the purposes of computation of a pension or gratuity and of section 9, service in respect of which a pension may be granted under the Governor's Pensions Act 1957 (1957 c. 62 U.K.) or the Governors' Pension Scheme 1979 or any Act or Scheme amending or replacing that Act or Scheme; (Amended 36 of 1987 s. 36)
(f) 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; (Replaced 34 of 1970 s. 2)
(g) service in the service of the Interim Commission for the West Indies; (Added 13 of 1966 Schedule)
(h) pensionable service with the British Telecommunication and the Post Office, United Kingdom of Great Britain and Northern Ireland; (Added 34 of 1970 s. 2. Amended 36 of 1987 s. 36)

(a) service, other than service as a doctor, in a Chinese Public Dispensary administered by the Chinese Public Dispensaries Committee under the then Secretary for Home Affairs, and
(b) service under the District Watch Force administered by the District Watch Committee under the then Secretary for Home Affairs,
when such service has been followed without a break by service under the Government; and the period from 25 December 1941 to 31 March 1947 shall be subject to the provisions of section 20 as though such service prior to 25 December 1941 as is included in paragraphs (a) and (b), was service under the Government; (Amended L.N. 22 of 1969; 36 of 1987 s. 36)

(a) (where the officer contracts a marriage and by reason of the form of the marriage he is precluded from being married to another person at the same time) means the person to whom the officer is lawfully married;
(b) (where the officer contracts a marriage and by reason of the form of the marriage he is or becomes lawfully married to more than one person at the same time) means, subject to section 18(3)(a), the person whom the officer first married;
(c) (where the officer contracts a lawful Chinese customary marriage) means the kit fat or tin fong wife; (Added 3 of 1993 s. 26)