Chapter:	401	Title:	PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE	Gazette Number:	79 of 1995; 25 of 1998; 26 of 1999
Section:	7	Heading:	Circumstances in which pension may be granted	Version Date:	01/07/1997

Adaptation amendments retroactively made - see 25 of 1998 s. 2; 26 of 1999 s. 3

(1) Except as provided in this Ordinance, a pension shall be granted in respect of an officer's pensionable service-

(a) subject to section 29(2), on his retirement on or after attaining his normal retirement age, and after completion of qualifying service of not less than-
(i) 10 years in the case of an officer appointed before his attaining the age of 50 years; and
(ii) 5 years in the case of an officer appointed on or after his attaining the age of 50 years;
(b) subject to section 29(2), on his voluntary early retirement after completion of qualifying service of not less than the relevant period specified in paragraph (a)- (Amended 4 of 1993 s. 30)
(i) in the case of an officer appointed before 1 July 1987, on or after his attaining the age of 55 years; and
(ii) in the case of an officer appointed on or after 1 July 1987, on or after his attaining the age of 60 years;
(c) in a case where he is transferred to other public service-
(i) on his retirement on or after attaining the age at which he is permitted by the law or regulations of the service in which he was last employed to retire on pension; or
(ii) on his retirement in any other circumstances in which he is permitted by the law or regulations of the service in which he was last employed to retire on pension or gratuity, but this subparagraph does not apply in the case of a female judicial officer who retires because she has or is about to be married;
(d) for an officer other than a judge of the High Court or District Court, on his retirement on the abolition of his office, and after completion of qualifying service of not less than 2 years; (Amended 25 of 1998 s. 2)
(da) in the case of the Chief Justice or a permanent judge of the Court of Final Appeal, on retirement after removal from office under section 14 of the Hong Kong Court of Final Appeal Ordinance (Cap 484), whether or not he has completed qualifying service of not less than the relevant period as specified in paragraph (a); (Added 79 of 1995 s. 50)
(e) in the case of a judge of the High Court or District Court, on retirement after removal from office under Article 89 of the Basic Law, whether or not he has completed qualifying service of not less than the relevant period specified in paragraph (a); (Amended 25 of 1998 s. 2)
(f) in the case of an officer other than a judge of the High Court or District Court and subject to section 31(1)(a), on his compulsory retirement in exercise of disciplinary powers of punishment by the Chief Executive, whether or not he has completed qualifying service of not less than the relevant period specified in paragraph (a); (Amended 45 of 1993 s. 12; 25 of 1998 s. 2)
(g) for an officer other than a judge of the High Court or District Court, on his compulsory retirement for the purpose of facilitating improvement in the organization of the judiciary, by which greater efficiency or economy may be effected, and after completion of qualifying service of not less than 2 years; (Amended 25 of 1998 s. 2)
(h) on his retirement on medical evidence that satisfies the Chief Executive that the officer is incapable by reason of an infirmity of mind or body of discharging the duties of his office and that the infirmity is likely to be permanent;
(i) on his retirement in accordance with a compensation scheme, whether or not he has completed qualifying service of not less than the relevant period specified in paragraph (a);
(j) subject to section 29(2), on his resignation from the judiciary, with the approval of the Chief Justice, after completion of qualifying service of not less than 10 years; or
(k) subject to section 29(2), on his retirement on or after attaining the maximum pension specified in section 22. (Amended 4 of 1993 s. 30)