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Chapter: | 89
 | Title: | PENSIONS ORDINANCE | Gazette Number: | 63 of 1999 |
| Section: | 15A | Heading: | Provisions supplementary to sections 14 and 15 | Version Date: | 01/07/1997 |
Adaptation amendments retroactively made - see 63 of 1999 s. 3
(1) For the purposes of section 15(1) and (2), a designated officer may determine-
- (a) whether a pension, gratuity or allowance shall be cancelled, suspended or reduced, or shall not be granted, as the case may be;
(b) the date from which, subject to subsection (11), a pension, gratuity or allowance shall be cancelled, suspended or reduced; and
(c) in the case of a reduction in a pension, gratuity or allowance, the amount of the reduction not exceeding 25% of the pension, gratuity or allowance.
- (b) The communication referred to in paragraph (a) 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 such longer period as 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 14 or 15.
(c) A person to whom a communication referred to in paragraph (a) is addressed shall notify in writing the designated officer of an intention of his to make representations referred to in paragraph (b).
(d) The officer or other person to whom a communication referred to in paragraph (a) is addressed shall, within the period specified in the communication (or such longer period as 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 14 or 15 on a designated officer should not be exercised in relation to him.
(e) Where-
- (i) a communication referred to in paragraph (a) is issued; and
(ii) the period specified in the communication has expired; and
(iii) a notification referred to in paragraph (c) is not received by the designated officer from the person to whom the communication is addressed; and
(iv) an application to extend the period specified in the communication is not so received, or where such an application is so received, it is disallowed,
- notwithstanding the absence of representations referred to in paragraph (b), the designated officer may exercise in relation to such person a power conferred on such officer by section 14 or 15.
(4) Where a designated officer exercises a power conferred on him by section 14 or 15, he shall forthwith notify in writing the officer or other person concerned.
(5) A person who is aggrieved by a decision of a designated officer made in the exercise of a power under section 14 or 15 may, within the period of 30 days beginning on the date of the notification of the decision, or such longer period as the Chief Executive may permit, petition the Chief Executive against the decision. (Amended 63 of 1999 s. 3)
(6) Where the Chief Executive receives a petition under subsection (5), he may, by a letter addressed to a member of the panel established by section 29B of the Pension Benefits Ordinance (Cap 99) (in this section referred to as "the Panel"), require the Panel to consider and report to him on the petition, and where the Chief Executive makes such a requirement-
- (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. (Amended 63 of 1999 s. 3)
(8) Where a pension, gratuity or allowance is cancelled or suspended in accordance with a determination under subsection (1), the Chief Executive may direct that all or any part of the moneys to which the officer or other person concerned would have been entitled by way of pension, gratuity or allowance had he not been convicted and sentenced as specified in section 15(1)(a) or retired as specified in section 15(1)(b) be paid or applied in the same manner and in all respects as is provided for in section 13(3), and where the Chief Executive so directs the moneys to which the direction relates shall be paid or applied in accordance with the direction. (Amended 63 of 1999 s. 3)
(9) Where a person whose pension or allowance has been cancelled or suspended, or has been reduced, in accordance with a determination under subsection (1) receives a free pardon, the pension or allowance to which such person would have been entitled had he not been convicted and sentenced as specified in section 15(1) shall be restored to him with retrospective effect as from the date of cancellation, suspension or reduction; but in determining whether any arrears of such pension or allowance are payable to such person and in computing the amount thereof account shall be taken of all moneys paid or applied under subsection (8) or, where a pension or allowance has been reduced, paid as a reduced pension or allowance.
(10) Where a person whose pension or allowance has been cancelled or suspended, or has been reduced, in accordance with a determination under subsection (1), has served any sentence of imprisonment imposed on conviction, the Chief Executive may direct that the pension or allowance to which such person would have been entitled had he not been convicted and sentenced as specified in section 15(1) 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 or allowance to which the direction relates shall be restored in accordance with the direction. (Amended 63 of 1999 s. 3)
(11) Where a designated officer exercises a power conferred on him by section 14 or 15, 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 (5) as regards the exercise, until the time for bringing such petition has expired; or
(b) in case such a petition is brought, before the petition is either determined or withdrawn.
(Added 86 of 1988 s. 8)