Cap 89 s 14 Power not to grant, or to cancel or reduce, pension or allowance (PENSIONS ORDINANCE)

Contents of Section

Chapter:	89	Title:	PENSIONS ORDINANCE	Gazette Number:	79 of 1995
Section:	14	Heading:	Power not to grant, or to cancel or reduce, pension or allowance	Version Date:	01/07/1997

(1) Subject to subsection (5) and to section 15A, a designated officer may-

(a) refuse to grant a pension or allowance to a person if it be shown to the designated officer that the person wilfully suppressed facts that are material to the grant of a pension or allowance; or

(b) cancel or reduce a pension or allowance granted to a person if it be shown to the designated officer that the pension or allowance was obtained by the wilful suppression by the person of facts, or that it was granted in ignorance of facts, which were such that had they been known before the retirement of the person, the pension or allowance would not have been granted or would only have been granted in part.

(2) Subject to subsection (6) and to section 15A, a designated officer may-

(a) refuse to grant a pension or allowance; or

(b) cancel or reduce a pension or allowance granted,

to an officer to whom section 6(1)(a) or (aa) or regulation 26(4)(b) or (bb) of the Pensions Regulations (Cap 89 sub. leg. A) applies, if it be shown to the designated officer that- (Amended 4 of 1993 s. 9)

(i) the officer retired during any disciplinary proceedings brought against him by the Government; and

(ii) had such proceedings been completed or taken place they would, in the opinion of the Public Service Commission, have led to the dismissal of the officer from the service or compulsory retirement in the exercise of disciplinary powers of punishment by the Government with a reduction of the pension or allowance granted to him.

(3) A cancellation or reduction of pension or allowance made by a designated officer under subsection (1) or (2) shall be effective as from such date as the designated officer shall determine, and in the case of a reduction of pension or allowance the reduction shall be by such amount, not exceeding 25% of the pension or allowance, as the designated officer shall determine.
(4) Where, under this section, a designated officer refuses to grant a pension or allowance to a person or officer, a pension or allowance, as the case may be, shall accordingly not be granted to that person or officer.
(5) Before a designated officer, acting under subsection (1),-

(a) refuses to grant a pension or allowance; or

(b) cancels or reduces a pension or allowance granted,

to a person who holds or who, immediately before leaving the public service, held-

(i) a judicial office, as defined in the Public Service Commission Ordinance (Cap 93), he shall take into consideration the advice of the Judicial Officers Recommendation Commission; (Amended 79 of 1995 s. 50)

(ii) an office in the public service other than an office specified in section 6(2) of, or the First Schedule to, the Public Service Commission Ordinance (Cap 93), he shall take into consideration the advice of the Public Service Commission.

(6) As regards the exercise of any power under subsection (2) to-

(a) refuse to grant a pension or allowance; or

(b) cancel or reduce a pension or allowance granted,

to an officer who holds or who, immediately before leaving the public service, held-

(i) a judicial office, as defined in the Public Service Commission Ordinance (Cap 93), a designated officer shall, before exercising the power, take into consideration the advice of the Judicial Officers Recommendation Commission; (Amended 79 of 1995 s. 50)

(ii) an office in the public service other than an office specified in section 6(2) of, or the First Schedule to, the Public Service Commission Ordinance (Cap 93), a designated officer shall, before exercising the power, take into consideration the advice of the Public Service Commission.

(7) (a) In this section and sections 15 and 15A "designated officer" (

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) has the meaning assigned to it by section 2(1) of the Pension Benefits Ordinance (Cap 99).

(b) For the purpose of giving effect to this section and sections 15 and 15A-

(i) section 29A(1) of the Pension Benefits Ordinance (Cap 99), shall be construed and have effect as if "the Pensions Ordinance" were substituted for "this Ordinance"; and

(ii) the reference in section 29B of the Pension Benefits Ordinance (Cap 99) to a requirement under section 29A(7) of that Ordinance shall be construed as including a reference to a requirement under section 15A(6).

(Replaced 86 of 1988 s. 6)