Cap 89 s 15 Pension, gratuity or allowance may be cancelled, suspended or reduced on conviction, etc. (PENSIONS ORDINANCE)

Contents of Section

Chapter:	89	Title:	PENSIONS ORDINANCE	Gazette Number:	63 of 1999
Section:	15	Heading:	Pension, gratuity or allowance may be cancelled, suspended or reduced on conviction, etc.	Version Date:	01/07/1997

Remarks:

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

(1) Where-

(a) an officer to whom a pension or allowance has been granted- (Amended L.N. 63 of 1992)

(i) is convicted of any offence in connection with the public service under the Government, being an offence which is certified by the Chief Executive to have been gravely injurious to Hong Kong or to be liable to lead to serious loss of confidence in the public service; (Amended 63 of 1999 s. 3)

(ii) is convicted of any offence under Part II of the Prevention of Bribery Ordinance (Cap 201), being an offence related to the person's previous public service under the Government; or

(iii) is convicted of treason under section 2 of the Crimes Ordinance (Cap 200); or

(b) an officer is compulsorily retired in the exercise of disciplinary powers of punishment by the Government following a conviction of any offence referred to in paragraph (a),

the pension or allowance which has been granted to him may be cancelled, suspended or reduced, or he may not be granted a pension, gratuity or allowance, as the case may be.
(2) If after the retirement of an officer in circumstances in which he is eligible for a pension, gratuity or allowance but before the pension, gratuity or allowance is granted he is convicted and sentenced as specified in subsection (1)(a), any pension, gratuity or allowance eventually granted to him may be cancelled, suspended or reduced.
(3) Subject to section 15A, the power under subsection (1) or (2) to cancel, suspend, reduce or refuse to grant a pension, allowance or gratuity shall be exercisable by a designated officer. (Replaced 86 of 1988 s. 7)
(4) Where, under this section, a designated officer refuses to grant a pension, allowance or gratuity to an officer or person, a pension, allowance or gratuity, as the case may be, shall accordingly not be granted to that officer or person. (Replaced 86 of 1988 s. 7)
(5)-(7) (Repealed 86 of 1988 s. 7)

(Replaced 36 of 1987 s. 36)