Pensions (Special Provisions) (Customs Officers) Ordinance


Published: 1997-06-30

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Cap 35 - PENSIONS (SPECIAL PROVISIONS) (CUSTOMS OFFICERS) ORDINANCE 1

Chapter: 35 PENSIONS (SPECIAL PROVISIONS) (CUSTOMS
OFFICERS) ORDINANCE

Gazette Number Version Date


Long title 30/06/1997


To make special provision in relation to contributions paid by certain officers in the Customs and Excise Service in
respect of pensions for their dependants under the Widows and Orphans Pension Ordinance (Cap 94) and the
Widows' and Children's Pensions Ordinance (Cap 79) and for matters connected therewith.

(Enacted 1985)


[15 March 1985]

(Originally 10 of 1985)

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Pensions (Special Provisions) (Customs Officers) Ordinance.
(Enacted 1985)


Section: 2 Interpretation 30/06/1997


In this Ordinance, unless the context otherwise requires-
"eligible officer" (合資格人員) means a public officer or former public officer who-

(a) was either-
(i) transferred from the rank of Revenue Officer to the rank of Preventive Officer on I July 1977; or
(ii) on or after that date, but before 1 January 1978, appointed to the rank of Preventive Officer or

Customs Officer; and
(b) on or after 1 July 1977 contributed under the Widows and Orphans Pension Ordinance (Cap 94)

whether or not he was an officer whose contributions ceased by reason of his electing to contribute
under the Widows' and Children's Pensions Ordinance (Cap 79) from 1 January 1978;

"former public officer" (前公職人員) means a person who has ceased to be a public officer by virtue of his
retirement from the public service under the Government of Hong Kong.

(Enacted 1985)

Section: 3 Grant of right to refund of contributions and effect thereof 30/06/1997


Any eligible officer may, by notice in writing to the Director of Accounting Services within 3 months after the
date of commencement of this Ordinance or such greater period as the Director of Accounting Services may allow,
avail himself of the provisions of this Ordinance and, upon so doing-

(a) any contribution paid by him under the Widows and Orphans Pension Ordinance (Cap 94) or the
Widows' and Children's Pensions Ordinance (Cap 79) in respect of any service by him in the rank of
Preventive Officer or Customs Officer on or after 1 July 1977 shall be refunded to him and any such
contribution shall be deemed for the purposes of those Ordinances never to have been paid;

(b) his widow or children, as the case may be, shall, for the purposes of the Widows and Orphans Pension
Ordinance (Cap 94), be entitled on his death only to a pension computed on the basis of the potential
benefit acquired by such officer-
(i) on 30 June 1977, if that officer was transferred from the rank of Revenue Officer to the rank of

Preventive Officer on 1 July 1977;
(ii) immediately prior to his transfer to the rank of Preventive Officer or Customs Officer if the

officer was transferred to that rank on or after 1 July 1977 and before 1 January 1978;
(c) any election made by the officer while holding the rank of Customs Officer to contribute under the

Widows' and Children's Pensions Ordinance (Cap 79) with effect from 1 January 1978, shall, with
respect to the period for which he held that rank, be deemed never to have been made and his service
in that rank shall not be contributory service within the meaning of that Ordinance.



Cap 35 - PENSIONS (SPECIAL PROVISIONS) (CUSTOMS OFFICERS) ORDINANCE 2

(Enacted 1985)

Section: 4 Non-contributing officers 30/06/1997


(1) For the removal of doubt it is declared that a public officer who, at the time when he should have become a
contributor under the Widows and Orphans Pension Ordinance (Cap 94) in respect of service as a Preventive Officer
or a Customs Officer on or after 1 July 1977 and before 1 January 1978, did not become a contributor, may not
subsequently become a contributor and his widow or children shall not acquire any entitlement to a pension under that
Ordinance in respect of any contributions which should have been but were not paid by him as a contributor during
that period.

(2) Section 28(3) of the Widows' and Children's Pensions Ordinance (Cap 79) shall apply, and be deemed
always to have applied, to a Customs Officer who between the dates referred to in subsection (1) did not become a
contributor under that Ordinance as it does to a Preventive Officer.

(Enacted 1985)

Related Laws