Surviving Spouses' And Children's Pensions Ordinance


Published: 1997-06-30

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Cap 79 - SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCE 1

Chapter: 79 SURVIVING SPOUSES' AND CHILDREN'S PENSIONS
ORDINANCE

Gazette Number Version Date


Long title 30/06/1997


To make provision for granting pensions to surviving spouses and children of deceased public officers, and for
purposes connected therewith.

(Amended 3 of 1993 s. 2)


[1 January 1978] L.N. 323 of 1977

(Originally 75 of 1977)

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Surviving Spouses' and Children's Pensions Ordinance.
(Amended 3 of 1993 s. 3)


Section: 2 Interpretation L.N. 227 of 2005 25/01/2006


(1) In this Ordinance, unless the context otherwise requires-
"agreement" (合約) in relation to an officer means an agreement expressly providing for the payment of a gratuity

dependent upon the length of service of such officer, or of a monthly pension in lieu of such a gratuity;
(Amended 59 of 1982 s. 2)

"appointed day" (指定日期) means the day appointed under section 2A; (Added 3 of 1993 s. 4)
"authorized increase" (特准增加額) has the same meaning as in the Pensions (Increase) Ordinance (Cap 305);

(Added 36 of 1987 s. 37)
"basic pension" (基本退休金) has the same meaning as in the Pensions (Increase) Ordinance (Cap 305); (Added 36

of 1987 s. 37)
"child" (子女) in relation to a contributor- (Amended 28 of 2004 s. 35)

(a) includes-
(i) an illegitimate child, a step-child and a child adopted by the contributor; and
(ii) a child of the contributor adopted by another person under an adoption order granted under

paragraph (c) of section 5(1) of the Adoption Ordinance (Cap 290) where the contributor is the
parent referred to in that paragraph; but

(b) subject to paragraph (a)(ii) and except as provided in subsection (5)(ac), does not include a child of the
contributor adopted by another person; (Amended 28 of 2004 s. 35)

"children's pension" (子女撫恤金) means a pension granted under section 5(b);
"contributions" (供款 ) means contributions made under this Ordinance or the existing Ordinance, other than

contributions made under the existing Ordinance to which that Ordinance does not cease to apply under section
26;

"contributor" (供款人) means an officer to whom this Ordinance applies;
"contributory service" (供款服務期) in relation to a public officer means the total period or periods in respect of

which he made contributions notwithstanding the return of any contributions under section 14(2)(b) or (c);
"the deceased" (死者) means a deceased contributor;
"Directors" (委員會) means the Board of Directors established by section 4;
"existing contributor" (現有供款人) means a contributor who first becomes a contributor before the appointed day

and who has not made an election under section 3A(1); (Added 3 of 1993 s. 4)
"existing Ordinance" (現有條例) means the Widows and Orphans Pension Ordinance (Cap 94);
"medical grounds" (健康理由) in relation to the retirement of a public officer-

(a) from service under the Government, means the retirement on medical evidence to the satisfaction of



Cap 79 - SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCE 2

the Chief Executive that he is incapable by reason of any infirmity of mind or body of discharging the
duties of his office and that such infirmity is likely to be permanent; (Amended 36 of 1987 s. 37; 63 of
1999 s. 3)

(b) from other public service, means the circumstances prescribed in the law or regulations of the public
service in which he was last employed, as correspond to the circumstances prescribed in paragraph (a);
(Amended 36 of 1987 s. 37)

"new contributor"(新供款人) means a contributor who-
(a) first becomes a contributor on or after the appointed day; or
(b) makes an election under section 3A(3) or (4) to make contributions under this Ordinance; (Added 3 of

1993 s. 4)
"public officer" (公職人員) means-

(a) at any time before the appointed day, a person who is appointed to or reappointed to an established
office on terms which attract pension, gratuity or other benefits under the Pensions Ordinance (Cap
89), the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial Officers) Ordinance
(Cap 401), whether on probation or not; and

(b) at any time on or before the appointed day,-
(i) an officer who is appointed to or reappointed to an established office on terms which attract

pension, gratuity or other benefits under the Pensions Ordinance (Cap 89), the Pension Benefits
Ordinance (Cap 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap 401), whether on
probation or not;

(ii) an officer who is in service under the Government and who is appointed or reappointed to a non-
established office otherwise than on agreement; (Replaced 3 of 1993 s. 4)

"spouse" (配偶) in relation to a person means, subject to subsection (7), the person to whom the first mentioned
person is, by reason of the form of marriage contracted, lawfully married and includes-

(a) in the case of a Chinese person, his kit fat or tin fong wife;
(b) in the case of lawful polygamous marriage, the principal wife recognized as such by the personal law

of the husband; (Added 3 of 1993 s. 4)
"surviving spouse" (尚存配偶) in relation to a person, means a person who was the spouse of the person immediately

prior to his death; (Added 3 of 1993 s. 4)
"surviving spouse's pension" (尚存配偶撫恤金) means a pension granted under section 5(a); (Added 3 of 1993 s. 4)
"transferred" (轉任), in relation to a public officer, means transferred to or from service under the Government from

or to other public service;
(Amended 3 of 1993 s. 4)

(2) The expressions "established office" (設定職位), "non-established office" (非設定職位), "notional
highest pensionable emoluments" (理論上最高可供計算退休金的薪酬), "other public service" (其他公職、其
他公職服務), "pensionable emoluments" (可供計算退休金的薪酬), "pensionable service" (可供計算退休金的
服務期), "public service" (公職、公職服務) and "salary" (薪金) have, in relation to a public officer-

(a) in case the Pensions Ordinance (Cap 89) applies to such officer, the meanings assigned to them,
respectively, by section 2 of that Ordinance and regulation 25 of the Pensions Regulations (Cap 89
sub. leg. A);

(b) in case the Pension Benefits Ordinance (Cap 99) so applies, the meanings assigned to them,
respectively, by section 2 of that Ordinance; and (Replaced 36 of 1987 s. 37. Amended 85 of 1988 s.
39)

(c) in case the Pension Benefits (Judicial Officers) Ordinance (Cap 401) so applies, the meanings assigned
to them, respectively, by section 2 of that Ordinance. (Added 85 of 1988 s. 39)

(3) (a) The expression "the rate of the pension of the deceased" (死者退休金的數額) means the annual rate
of the pension of the deceased, calculated in accordance with paragraph (b), plus any authorized
increase, and in the case of a public officer who retired or transferred to other public service or ceased
to make contributions under section 3A before attaining the age at which he would retire, shall include
any authorized increase which the basic pension would have attracted had the officer attained that age
prior to his retirement, transfer or cessation of contribution, and, in the case of an officer who
transferred or ceased to make contributions, had instead retired.



Cap 79 - SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCE 3

(b) Subject to paragraph (c) and section 7, the expression "the annual rate of the pension of the deceased"
(死者退休金的每年數額) in paragraph (a) means a sum calculated at the rate of 1/600 of his annual
pensionable emoluments, or annual emoluments or annual salary that would have been pensionable
emoluments had he been appointed or re-appointed to an established office on terms which attract
pension, gratuity or other benefits under the Pensions Ordinance (Cap 89), the Pension Benefits
Ordinance (Cap 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap 401), in each case at
the time of his retirement or transfer from service under the Government or his death prior to such
retirement or his ceasing to make contributions under section 3A, or his resignation from the service,
for the grant of a deferred pension under the Pension Benefits Ordinance (Cap 99) or the Pension
Benefits (Judicial Officers) Ordinance (Cap 401), as the case may be, for each complete month of his
contributory service subject to a maximum of 400 months, and any incomplete month of contributory
service shall be taken to be that fraction of a complete month whereof the denominator is 30 and the
numerator the number of days of contributory service in that incomplete month, irrespective of the
actual number of days in that month. (Amended 85 of 1988 s. 39)

(c) Where the deceased had more than one period of contributory service, the expression "the annual rate
of the pension of the deceased" (死者退休金的每年數額) in paragraph (a) means a sum calculated
in accordance with paragraphs (b) and (d) in respect of each such period of contributory service.

(d) For the purpose of this subsection, in determining pensionable emoluments of a deceased-
(i) where the Pensions Ordinance (Cap 89) applied to him-

(A) the definition of "pensionable emoluments" in section 2(1) of that Ordinance;
(B) regulation 18 of the Pensions Regulations (Cap 89 sub. leg. A);
(C) the definition of "salary" in regulation 25 of those Regulations; and
(D) the computation of annual salary under regulation 26(2) of those Regulations,
shall apply mutatis mutandis as those provisions apply for the purpose of computing pension
under that Ordinance;

(ii) where the Pension Benefits Ordinance (Cap 99) applied to him, section 22 of that Ordinance and
regulation 16 of the Pension Benefits Regulations (Cap 99 sub. leg. A) shall apply mutatis
mutandis as those provisions apply for the purpose of computing pension under that Ordinance;
and (Replaced 36 of 1987 s. 37. Amended 85 of 1988 s. 39)

(iii) where the Pension Benefits (Judicial Officers) Ordinance (Cap 401) applied to him, section 23 of
that Ordinance and regulation 16 of the Pension Benefits (Judicial Officers) Regulations (Cap
401 sub. leg. A) shall apply mutatis mutandis as those provisions apply for the purpose of
computing pension under that Ordinance. (Added 85 of 1988 s. 39)

(3A) The expression "marriage" (婚姻) does not, in relation to any public officer, include a marriage which takes
place after the officer has ceased to hold public office unless the Directors, in their absolute discretion and upon
application in writing, decide otherwise. (Added 3 of 1993 s. 4)

(4) A reference in this Ordinance to an adopted child of a person shall be construed as a reference to a child
adopted in pursuance of an adoption order made under the Adoption Ordinance (Cap 290) or by any adoption
recognized as valid by the law of Hong Kong, and reference to a person by whom any person has been adopted shall
be construed accordingly.

(5) (a) A child of an existing contributor or a contributor who elects under section 3A(1) to cease to make
contributions (whether or not he subsequently elects under section 3A(3) or (4) that this Ordinance
shall apply to him) shall be deemed for the purposes of this Ordinance to be within the period of
dependency if-
(i) in the case of a male-

(A) he is under the age of 18 years; or
(B) he is under the age of 23 years and, subject to paragraph (b), has since attaining the age of

18 years continuously received and is receiving full-time education at any university,
college, school or other educational establishment;

(ii) in the case of a female, she is-
(A) (where she is married) under the age of 18 years;
(B) (where she is unmarried) under the age of 21 years; or
(C) under the age of 23 years and, subject to paragraph (b) has since attaining the age of 18 or

21 years continuously received and is receiving full-time education at any university,



Cap 79 - SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCE 4

college, school or other educational establishment. (Replaced 3 of 1993 s. 4)
(aa) A child of a new contributor shall be deemed for the purposes of this Ordinance to be within the period

of dependency if-
(i) he is under the age of 18 years; or
(ii) he is under the age of 23 years and, subject to paragraph (b) has since attaining the age of 18

years continuously received and is receiving full-time education at any university, college, school
or other educational establishment. (Added 3 of 1993 s. 4)

(ab) A child of a contributor shall be deemed for the purposes of this Ordinance to be within the period of
dependency if he is accepted by the Directors as mentally or physically disabled to such extent that he
cannot reasonably be expected to be financially independent and he remains thereafter to be so
disabled. (Added 3 of 1993 s. 4. Amended 98 of 1994 s. 2)

(ac) A child of a contributor who is accepted by the Directors as mentally or physically disabled shall be
deemed to remain as the child of the contributor for the purposes of this Ordinance after he is adopted
by another person so long as the adoption takes place after the death of the contributor. (Added 98 of
1994 s. 2)

(b) As respects any circumstances in which the conditions specified in paragraph (a)(i)(B), (a)(ii)(B) or
(aa)(ii) are not satisfied, the Directors may, if they think fit and are satisfied that full-time education
ought not to be regarded as completed, direct either-
(i) that any period or periods shall be ignored for the purposes of that paragraph; or
(ii) that any period or periods shall be treated as full-time education for all or any of the purposes of

this Ordinance. (Replaced 57 of 1979 s. 2)
(6) Where the marriage of any public officer has been annulled or dissolved by the decree of any competent

court or in any other manner recognized as effective for that purpose by the law of Hong Kong, this Ordinance shall
have effect in relation to him as if his spouse had died at the date of such decree or on such other date, as the case may
be, when the annulment or dissolution took effect.

(7) On an application in writing the Directors may in their absolute discretion determine a person who-
(a) cohabits with a contributor or a former contributor as the spouse of him; and
(b) is financially dependent on such contributor,

to be the spouse of such contributor for the purposes of this Ordinance and where the Directors so determine, the
references to "spouse" (配偶) in this Ordinance shall be construed as including references to such person. (Added 3
of 1993 s. 4)

(Amended 3 of 1993 s. 4)

Section: 2A Appointed day 30/06/1997


The Governor may by notice published in the Gazette appoint a day* for the purposes of this Ordinance.
(Added 3 of 1993 s. 5)

___________________________________________________________________
Note:
* Appointed day: 1 February 1993-see L.N. 22 of 1993.

Section: 3 Application of Ordinance 30/06/1997


(1) Subject to the Schedule and subsection (3), the Ordinance shall apply to-
(a) every public officer in service as a public officer under the Government at the commencement of this

Ordinance who-
(i) within 12 months or such greater period as the Governor may by order under subsection (4)

prescribe for the purpose of this subparagraph, following such commencement, elects that this
Ordinance shall apply to him; or

(ii) in the case of an unmarried male officer who has not so elected and who subsequently marries,
within 6 months of the date of his marriage elects that this Ordinance shall apply to him;

(b) every person appointed or re-appointed to service under the Government as a public officer or
transferred thereto from other public service between the period from the commencement of this
Ordinance to the day immediately preceding the appointed day; (Amended 36 of 1987 s. 37; 3 of 1993
s. 6)



Cap 79 - SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCE 5

(c) every person appointed to service under the Government as a public officer or transferred thereto from
other public service on or after the appointed day who-
(i) within 6 months following such appointment or transfer elects that this Ordinance shall apply to

him; or
(ii) has not so elected and who subsequently marries, and within 6 months of the date of his marriage

elects that this Ordinance shall apply to him; (Replaced 3 of 1993 s. 6)
(d) every public officer who-

(i) is in service as a public officer under the Government at the appointed day; and
(ii) at that day is not a contributor; and
(iii) (A) elects within 6 months of that date that this Ordinance shall apply to him; or

(B) does not so elect and who subsequently marries, and elects within 6 months of his marriage
that this Ordinance shall apply to him; (Added 3 of 1993 s. 6)

(e) every person who elects that this Ordinance shall apply to him under section 3A(3); or (Added 3 of
1993 s. 6)

(f) every person who elects that this Ordinance shall apply to him under section 3A(4). (Added 3 of 1993
s. 6)

(2) In the case of a public officer- (Amended 3 of 1993 s. 6)
(a) to whom subsection (1)(a) applies, an election shall be effective on and after the commencement of

this Ordinance; (Amended 3 of 1993 s. 6)
(b) to whom subsection (1)(b) applies and- (Amended 3 of 1993 s. 6)

(i) who was transferred to the service of the Government or who was not in the service of the
Government immediately prior to his appointment as a public officer in service under the
Government, this Ordinance shall apply on and after the date of his transfer or appointment, as
the case may be;

(ii) who was in the service of the Government immediately prior to such appointment, this
Ordinance shall apply on and after the date of the-
(A) commencement of this Ordinance or of his pensionable service in an established office,

whichever is the later, in the case of an officer who immediately prior to such appointment
was in such service on agreement; or (Amended 36 of 1987 s. 37)

(B) commencement of this Ordinance or of his continuous service under the Government,
whichever is the later, in the case of an officer who immediately prior to such appointment,
was appointed or re-appointed in a non-established office otherwise than on agreement,
(Amended 36 of 1987 s. 37)

and who within 6 months of such appointment elects for such earlier date of application; and, if
he fails so to elect, this Ordinance shall apply on and after the date of such appointment;

(c) to whom subsection (1)(c)(i) applies, an election shall be effective on the date of his appointment or
transfer, as the case may be; (Added 3 of 1993 s. 6)

(d) to whom subsection (1)(c)(ii) applies, an election shall be effective on-
(i) the date of his appointment or transfer, as the case may be; or
(ii) the date of his marriage,
as he may elect; (Added 3 of 1993 s. 6)

(e) to whom subparagraphs (i), (ii) and (iii)(B) of subsection (1)(d) apply, an election shall subject to
subsection (2A) be effective on-
(i) the date on which his continuous service under the Government commenced;
(ii) the appointed day;
(iii) the date of his marriage; or
(iv) (where the officer held the post of senior artisan or artisan on 1 October 1989) 1 October 1989,
as he may elect; (Added 3 of 1993 s. 6)

(f) to whom subsection (1)(e) applies, an election shall subject to subsection (2A) be effective on-
(i) the date of his marriage; or
(ii) the date (or, should there be more than one such date, the latest one of them) on which he ceased

to make contributions under this Ordinance under an election under section 3A(1),
as he may elect; (Added 3 of 1993 s. 6)

(g) to whom subsection (1)(f) applies, an election shall subject to subsection (2A) be effective on-
(i) the date of his marriage; or



Cap 79 - SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCE 6

(ii) the date on which he ceased to make contributions under an election under section 15A(1) of the
existing Ordinance,

as he may elect; (Added 3 of 1993 s. 6)
(h) to whom subparagraphs (i), (ii) and (iii)(A) of subsection (1)(d) apply, an election shall subject to

subsection (2A) be effective on-
(i) the appointed day;
(ii) the date on which his continuous service under the Government commenced; or
(iii) (where the officer held the post of senior artisan or artisan on 1 October 1989) 1 October 1989,
as he may elect. (Added 3 of 1993 s. 6)

(2A) An effective date under subsection (2)(e), (f), (g) or (h) shall not be earlier than 1 January 1978. (Added 3
of 1993 s. 6)

(3) The Legislative Council may by resolution amend the Schedule to provide that this Ordinance applies or
does not apply to any public officer or Class or description of public officer subject to such conditions and with effect
from such date not being earlier than the commencement of this Ordinance as the Council shall specify:

Provided that no such order shall terminate the application of this Ordinance to or in relation to any officer who
has made any contributions under this Ordinance unless he consents in writing.

(4) The Governor may by order prescribe a period of not less than 12 months nor more than 2 years for the
purpose of subsection (1)(a)(i), generally or in respect of any group of officers.

Section: 3A Cessation, resumption and commencement of contribution 30/06/1997


(1) An existing contributor who fulfils the conditions specified by the Secretary for the Civil Service in a
circular to be issued by the Secretary under and for the purposes of this section may within 6 months following the
appointed day elect to cease to make contributions under this Ordinance which election shall be effective on the
appointed day.

(2) Where the spouse of a contributor dies, the contributor may within 6 months following the death of his
spouse elect to cease to make contributions under this Ordinance which election shall be effective on the death of his
spouse.

(3) An officer who elects under this section to cease to make contribution and who subsequently marries may
within 6 months of the date of his marriage elect to make contributions under this Ordinance again.

(4) An officer who elects under section 15A(1) of the existing Ordinance to cease to make contributions under
the existing Ordinance and who subsequently marries may within 6 months of the date of his marriage elect to make
contributions under this Ordinance.

(Added 3 of 1993 s. 7)

Section: 4 Board of Directors 63 of 1999 01/07/1997


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


(1) There is hereby established a Board of Directors to carry out the provisions of this Ordinance, which it shall
do, so far as expedient, through the Director of Accounting Services.

(2) The Board of Directors shall consist of the Chairman under subsection (3) and 6 other members appointed
by the Chief Executive, of whom 4 shall be public officers and 2 shall be persons who are neither public officers nor
former public officers. (Amended 63 of 1999 s. 3)

(3) The Chairman of the Public Service Commission shall be Chairman of the Board.
(4) The Chairman, and in his absence, the senior public officer present, shall preside at meetings of the Board,

and the person presiding shall have a deliberative vote, and, in the case of an equality of votes, shall also have a
casting vote.

(5) At all meetings of the Board, 3 members including the person presiding shall form a quorum, and all
questions shall be decided by a majority of the votes of the members present.

(6) Subject to this Ordinance, the Board may regulate its own procedure.




Cap 79 - SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCE 7

Section: 4A Review of decisions by Directors 30/06/1997


The Directors may review any decision made by them under this Ordinance and any such review may be carried
out on the initiative of the Directors or pursuant to an application to them by a person who, in their opinion, has an
interest in the matters to which the decision sought to be reviewed relates; and any decision made by them on a review
may be irrespective of whether or not the decision is to the detriment of the widow. or any child.

(Added 36 of 1987 s. 37)

Section: 5 Power to grant surviving spouses' and children's pensions 30/06/1997


Subject to this Ordinance, on behalf of the Directors, the Director of Accounting Services shall, on the death of a
contributor or former contributor grant and pay or cause to be paid-

(a) where he leaves a surviving spouse, a pension to that spouse; and
(b) a pension for the benefit of his children. (Replaced 3 of 1993 s. 8)

(Amended 3 of 1993 s. 8)

Section: 6 Pension under this Ordinance to depend on deceased's

pension
30/06/1997



(1) A pension shall not be granted under this Ordinance unless the deceased-
(a) had become eligible for the grant-

(i) of a pension or an annual allowance under the Pensions Ordinance (Cap 89)(other than an
additional pension under regulation 31(1)(ii) or (iii) of the Pensions Regulations (Cap 89 sub.
leg. A)); or

(ii) of a pension under the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial
Officers) Ordinance (Cap 401) (other than an additional pension under section 15(1) of either of
those Ordinances), (Replaced 85 of 1988 s. 40)

whether or not such pension or annual allowance had actually been paid;
(b) would have been eligible for the grant-

(i) of a pension or an annual allowance under the Pensions Ordinance (Cap 89); or
(ii) of a pension under the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial

Officers) Ordinance (Cap 401),
if the requirement of minimum qualifying service had not been applicable to him; or (Amended 85 of
1988 s. 40)

(c) was still serving as a public officer at the time of his death and, if- (Amended 3 of 1993 s. 9)
(i) he had then retired on medical grounds; and
(ii) (Repealed 3 of 1993 s. 9)
(iii) the requirement of minimum qualifying service had not been applicable to him,
would have become eligible for the grant of a pension or an annual allowance under the Pensions
Ordinance (Cap 89) or a pension under the Pension Benefits Ordinance (Cap 99) or the Pension
Benefits (Judicial Officers) Ordinance (Cap 401), as the case may be. (Amended 85 of 1988 s. 40)

(2) Where the deceased had more than one continuous period of contributory service, a pension shall be
granted under this Ordinance in respect of each such period.

(Replaced 36 of 1987 s. 37)

Section: 7 Minimum benefits 30/06/1997


(1) Where the deceased at the time of his death was an officer to whom subsection (1C) applies or a public
officer in service under the Government or had retired from that service in the circumstances described in section
6(1)(c), (d) or (e) of the Pensions Ordinance (Cap 89), or paragraphs (c), (cc) or (d) of regulation 26(4) of the Pensions
Regulations (Cap 89 sub. leg. A), section 11(1)(d), (g) or (h) of the Pension Benefits Ordinance (Cap 99) or section
7(1)(d), (g) or (h) of the Pension Benefits (Judicial Officers) Ordinance (Cap 401), his pension under this Ordinance
shall- (Amended 36 of 1987 s. 37; 85 of 1988 s. 41; 3 of 1993 s. 10)

(a) if his contributory service was less than 20 years but would not have been for a period shorter than 20



Cap 79 - SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCE 8

years if he died or retired at the age of 55 years, be computed as if his contributory service had been
for a period of 20 years; or

(b) if his contributory service would have been for a period shorter than 20 years if he died or retired at the
age of 55 years, and was less than that shorter period, be computed as if his contributory service had
been for that shorter period.

(1A) Subsection (1) does not apply in respect of a deceased-
(a) where the deceased had elected under section 3A(1) to cease to make contributions under this

Ordinance;
(b) where the deceased had only one continuous period of service and-

(i) he first became a contributor before the appointed day; and
(ii) he had not made contributions under this Ordinance during the entire period-

(A) between the day on which he first became a contributor and his death;
(B) when he was a public officer in service under the Government; and
(C) when he was not on leave which was not pensionable service within the meaning of the

Pensions Ordinance (Cap 89), Pension Benefits Ordinance (Cap 99) or Pension Benefits
(Judicial Officers) Ordinance (Cap 401);

(c) where the deceased had only one continuous period of service and-
(i) he first became a contributor on the appointed day; and
(ii) he had not made contributions under this Ordinance during the entire period-

(A) between the day and his death;
(B) when he was a public officer in service under the Government; and
(C) when he was not on leave which was not pensionable service within the meaning of the

Pensions Ordinance (Cap 89), Pension Benefits Ordinance (Cap 99) or Pension Benefits
(Judicial Officers) Ordinance (Cap 401);

(d) where the deceased had only one continuous period of service and-
(i) he first became a contributor after the appointed day; and
(ii) he made an election under sections 3(1)(c)(ii) and (2)(d)(ii) and 3A(4) which became effective on

the date of his marriage; or
(e) where the deceased had more than one continuous period of service with the Government and he had

not made contributions under this Ordinance during the entire last period of service (which period does
not include any period of service without pay that is not taken into account as pensionable service
under regulation 21(c) of the Pensions Regulations (Cap 89 sub. leg. A), regulation 21(1)(e) of the
Pension Benefits Regulations (Cap 99 sub. leg. A) or regulation 20(1)(e) of the Pension Benefits
(Judicial Officers) Regulations (Cap 401 sub. leg. A)) beginning on or after the appointed day during
which he was a public officer in service under the Government. (Added 3 of 1993 s. 10)

(1B) For the purposes of subsection (1A), contributions under the existing Ordinance shall be deemed to be
contributions under this Ordinance. (Added 3 of 1993 s. 10)

(1C) Subsection (1) applies to an officer-
(a) to whom this Ordinance did not apply before the commencement of the Pensions Modification

Ordinance 1993 (3 of 1993) and who-
(i) has elected that this Ordinance shall apply to him within 6 months after the appointed day or the

date of his marriage; and
(ii) has elected that the election referred to in subparagraph (i) shall be effective on or before the

appointed day;
(b) who-

(i) has elected under section 3A(3) to make contributions under this Ordinance; and
(ii) has elected that the election referred to in subparagraph (i) shall be effective on the first date

referred to in section 3(2)(f)(ii); or
(c) who-

(i) has elected under section 3A(4) to make contributions under this Ordinance; and
(ii) has elected that the election referred to in subparagraph (i) shall be effective on the first date

referred to in section 3(2)(g)(ii). (Added 3 of 1993 s. 10)
(2) Where more than one pension is granted under this Ordinance in a case where the deceased had more than

one continuous period of contributory service, the total of the pension payable under this Ordinance in respect of each
such period shall not exceed the pension payable if the deceased had one continuous period of contributory service



Cap 79 - SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCE 9

equivalent to the aggregate of such periods of contributory service and his highest pensionable emoluments or notional
highest pensionable emoluments, whichever is the greater, been taken for the calculation of the pension. (Added 36 of
1987 s. 37)

Section: 8 Surviving spouses' pensions 63 of 1999 01/07/1997


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


(1) A surviving spouse's pension shall not be granted if after the death of the deceased the surviving spouse
remarries and if, after the grant of a surviving spouse's pension, the surviving spouse remarries, the pension shall cease
as from the date of the re-marriage:

Provided that where-
(a) a pension is withheld or ceases under this section; and
(b) the Directors are satisfied at a subsequent date that the marriage has come to an end or that there are

compassionate grounds for the payment of a pension notwithstanding the marriage,
the Directors may, if they think fit and subject to subsection (6), grant or regrant the pension as from that date.

(2) (Repealed 36 of 1987 s. 37)
(3) Subject to subsection (1), a surviving spouse's pension shall be paid in respect of the whole period from the

day following the date of the death of the deceased to the death of the surviving spouse. (Amended 36 of 1987 s. 37)
(4) The annual rate of a surviving spouse's pension shall amount to the aggregate of the following-

(a) six-twelfths of the rate of the pension of the deceased which relates to that part of his contributory
service in respect of which he made contributions under this Ordinance at the rate of 4% of his
pensionable emoluments; and

(b) five-twelfths of the rate of the pension of the deceased which relates to that part of his contributory
service in respect of which he made contributions under this Ordinance at the rate of (where he is an
existing contributor) 3% or (where he is a new contributor), 3.5% of his pensionable emoluments or in
respect of which he made contributions under the existing Ordinance.

(5) (a) Where the annual rate of the surviving spouse's pension is less than such amount as the Chief
Executive may from time to time determine for the purposes of this subsection, the Directors may, on
the application of the surviving spouse within 3 months next following the grant of the pension,
commute the pension by paying to him a sum which, according to actuarial tables prepared from time
to time by an actuary appointed by the Chief Executive, is at the date of payment, actuarially
equivalent to the value of the pension. (Amended 63 of 1999 s. 3)

(b) This subsection shall not apply where a children's pension has been granted and the aggregate of the
annual rates of the children's pension and the surviving spouse's pension exceeds the amount
determined for the purposes of paragraph (a).

(6) (a) Notwithstanding anything to the contrary in this Ordinance, no surviving spouse shall be eligible for
the grant of more than one surviving spouses pensions at the same time, except where more than one
surviving spouses pensions are granted by virtue of section 6(2).

(b) Where but for section 6(2) a surviving spouse would have been eligible for the grant of more than one
surviving spouses' pensions, he shall, subject to this Ordinance, be granted the largest of those
pensions. (Replaced 36 of 1987 s. 37)

(Amended 3 of 1993 s. 11)

Section: 9 Payment of pension in cases of desertion 30/06/1997


Where the deceased leaves a surviving spouse who does not assist or deserts or abandons a child of the deceased
whom he is bound by law to maintain, the Directors may direct that such portion of the surviving spouse's pension as
they think fit shall be paid to such person as they may direct and be applied by him for the benefit of such child.

(Amended 3 of 1993 s. 12)

Section: 10 Children's pensions: beneficiaries 30/06/1997


(1) A children's pension shall be granted if, and be paid so long as and whenever, there are persons for whose



Cap 79 - SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCE 10

benefit it can enure.
(2) Subject to this section, the persons for whose benefit a children's pension can enure, are the children of the

deceased who are for the time being in their period of dependency. (Amended 3 of 1993 s. 13)
(3) A children's pension cannot enure-

(a) for the benefit of any person born more than 10 months after the deceased had ceased to be a public
officer;

(b) for the benefit of any person by reason that he is the adopted child of the deceased if he was born or, as
the case may be, adopted, after the termination of the deceased's last marriage or after the deceased had
ceased to be a public officer; or

(c) for the benefit of any person by reason that he is the child of a wife of the deceased, if he was born
more than 10 months after the termination of the marriage.

(4) A children's pension cannot enure for the benefit of any person by reason that he is the step-child or adopted
child of the deceased unless he was wholly or mainly dependent upon the deceased at the time of death.

(5) (Repealed 3 of 1993 s. 13)

Section: 10A Pensions and beneficiaries where there is more than one

contributory service
30/06/1997



(1) Subject to subsections (2) and (3), where the deceased had more than one continuous period of contributory
service, a separate surviving spouses' pension and children's pension shall be granted and paid in respect of each
continuous period of contributory service. (Amended 3 of 1993 s. 14)

(2) A surviving spouses' pension under subsection (1) shall only be granted and paid to the person who was the
spouse of the contributor at any time during a continuous period of contributory service and who becomes his
surviving spouse on the death of the contributor, and the surviving spouses' pension shall be in respect of that
contributory service. (Amended 3 of 1993 s. 14)

(3) A children's pension under subsection (1) shall only be granted and paid to the person or persons for whose
benefit it can enure under section 10 during a continuous period of contributory service, and the children's pension
shall be in respect of that contributory service.

(Added 36 of 1987 s. 37)

Section: 11 Rate and mode of payment of children's pensions 63 of 1999 01/07/1997


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


(1) Only one children's pension shall be granted in respect of each continuous period of contributory service of
any one person, but- (Amended 36 of 1987 s. 37)

(a) the rate thereof may vary according to the number of persons for whose benefit it can for the time
being enure; and

(b) it shall be paid to such person or persons as the Director of Accounting Services may from time to time
direct, and different parts thereof may be directed to be paid to different persons; and

(c) the person to whom all or any part thereof is paid shall apply the sum paid to him, without distinction,
for the benefit of all the persons for whose benefit the pension can for the time being enure or for the
benefit of such of them as the Director of Accounting Services may from time to time direct.

(2) Where the deceased leaves no surviving spouse, and, if the deceased leaves a surviving spouse, after his
death, the annual rate of a children's pension-

(a) while the persons for whose benefit it can enure are two or more in number, shall amount to two-thirds
of the rate of the pension of the deceased;

(b) while there is only one such person, shall amount to one-third of the rate of the pension of the
deceased.

(3) Subject to subsection (4), where the deceased leaves a surviving spouse, the annual rate of a children's
pension during his life-

(a) while there are two or more persons for whose benefit it can enure, shall amount to one half of the rate
of the pension of the deceased;

(b) while there is only one such person, shall amount to one-fourth of the rate of the pension of the



Cap 79 - SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCE 11

deceased if he is in the care of the surviving spouse, or one-third of such pension if in the care of some
other person.

(4) (a) Notwithstanding anything in this section, where the deceased leaves a surviving spouse and no
surviving spouses' pension is granted to him, or if one is granted to him, it ceases in accordance with
this Ordinance to be paid before his death, children's pension shall be payable as respects any period
comprised within the life-time of the surviving spouse or within the time in respect of which no
surviving spouses' pension is payable, as the case may be, and subsection (3) shall apply as respects
any such period notwithstanding that the surviving spouse is still alive and if, but only if, the Directors
are of the opinion that subsection (2) should apply in lieu of subsection (3) in the particular case, they
may give a direction to that effect.

(b) In case the Directors give a direction under this subsection, subsection (2) shall have effect in
accordance with the direction. (Replaced 36 of 1987 s. 37)

(5) (a) Where the annual rate of a children's pension does not exceed the amount determined for the purposes
of section 8(5)(a) the Directors may, on the application of any person made within 3 months next
following the grant of the pension, commute the pension by paying to such person or persons as they
think fit a sum which, according to actuarial tables to be prepared from time to time by an actuary
appointed by the Chief Executive, is at the date of payment, actuarially equivalent to the value of the
pension. (Amended 63 of 1999 s. 3)

(b) This subsection shall not apply where a surviving spouse's pension has been granted and the aggregate
of the annual rates of the surviving spouse's pension and the children's pension exceeds the amount
determined for the purposes of section 8(5)(a).

(6) (a) Notwithstanding anything to the contrary in this Ordinance, no child shall be eligible for the grant of or
to share in more than one children's pensions at the same time, except where more than one children's
pensions are granted by virtue of section 6(2).

(b) Where but for section 6(2) a child would have been eligible for the grant of or to share in more than
one children's pension, the child shall be deemed to be eligible only in respect of that pension which
would in the opinion of the Directors produce the result most favourable to all the children who might
benefit from those pensions. (Replaced 36 of 1987 s. 37)

(Amended 3 of 1993 s. 15)

Section: 12 Bankruptcy of a surviving spouse or child 30/06/1997


If a person to whom a surviving spouse's or children's pension has been granted is adjudicated bankrupt or
declared insolvent by any competent court in Hong Kong or elsewhere such pension or that person's share thereof, as
the case may be, shall cease as from the date of the adjudication or declaration:

Provided that where a pension or share thereof ceases under this section the Directors may from time to time
during the remainder of the life of the surviving spouse or period of dependency of the child, or during such shorter
period or periods, either continuous or discontinuous as they think fit, authorize the payment to the surviving spouse
or child of an allowance at a rate not exceeding the rate of the pension or share or may authorize the application of
such allowance for the maintenance and support of such surviving spouse or child, in such manner and at such time as
they think fit.

(Amended 3 of 1993 s. 16)

Section: 13 Rate and mode of payment of contributions 63 of 1999 01/07/1997


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


(1) Contributions under this Ordinance shall-
(a) subject to this section and section 28(3A), be equal to 4% if the contributor so elects under subsection

(3) and section 28(3A)(b), and otherwise 3%, or, in the case of a new contributor who starts to make
contributions under this Ordinance on or after the appointed day, 3.5%, of the pensionable emoluments
of the contributor, or of his emoluments that would have been pensionable emoluments had he been
serving in an established office on terms which attract pension, gratuity or other benefits under the
Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap 99) or the Pension Benefits



Cap 79 - SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCE 12

(Judicial Officers) Ordinance (Cap 401): (Amended 36 of 1987 s. 37; 85 of 1988 s. 42; 3 of 1993 s.
17)

Provided that-
(i) if a contributor has to make contributions under this Ordinance in respect of any period for which

he has already made contributions under the existing Ordinance to which the existing Ordinance
ceases to apply under section 26, the latter shall be set off against the former and any balance
paid as arrears in accordance with this Ordinance and any surplus refunded without interest;

(ii) the contributions of a contributor to whom this Ordinance applies by virtue of an election made
under section 3(1)(a)(ii), in respect of any period prior to his marriage, shall be equal to 3% of
his pensionable emoluments regardless of the rate for which he may elect;

(b) by payable in respect of an officer's pensionable emoluments, or emoluments that would have been
pensionable emoluments had he been serving in an established office on terms which attract pension,
gratuity or other benefits under the Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap
99) or the Pension Benefits (Judicial Officers) Ordinance (Cap 401), in the case of an officer-
(Amended 36 of 1987 s. 37; 85 of 1988 s. 42)
(i) to whom section 3(1)(a) or 3(1)(c)(i) applies, from the date his election under that section

becomes effective; (Amended 3 of 1993 s. 17)
(ii) to whom section 3(1)(b) applies, from the date this Ordinance applies to him under section

3(2)(b);
(iii) transferred to other public service, who subsequently re-enters public service under the

Government, from the date of his re-entry;
(iv) to whom section 3(1)(c)(ii) applies, from-

(A) the date his election under that section becomes effective; or
(B) the date on which he was appointed to service under the Government as a public officer or

transferred thereto from other public service,
as he may elect; (Added 3 of 1993 s. 17)

(v) to whom section 3(1)(d) applies, from the date on which his election under subparagraph (iii) of
that section becomes effective; (Added 3 of 1993 s. 17)

(vi) to whom section 3(1)(e) applies, from the date on which his election under section 3A(3)
becomes effective; or (Added 3 of 1993 s. 17)

(vii) to whom section 3(1)(f) applies, from the date on which his election under section 3A(4)
becomes effective; (Added 3 of 1993 s. 17)

(ba) (Repealed 3 of 1993 s. 17)
(c) not be payable in respect of any period of service without pay, except such a period which is taken into

account as pensionable service under regulation 21(c) of the Pensions Regulations (Cap 89 sub. leg.
A), regulation 21(1)(e) of the Pension Benefits Regulations (Cap 99 sub. leg. A) or regulation 20(1)(e)
of the Pension Benefits (Judicial Officers) Regulations (Cap 401 sub. leg. A), in which case
contributions shall be paid as if the officer had received the emoluments he would have received had
he been in receipt of pay during that period; (Amended 36 of 1987 s. 37; 85 of 1988 s. 42)

(d) be payable until-
(i) the contributor ceases to be a public officer in service under the Government; or
(ii) the contributor's election under section 3A to cease to make contributions comes into effect; or
(iii) the total period of contributory service (and where there is more than one period of contributory

service, the aggregate of such periods) amounts to 400 complete months; (Replaced 3 of 1993 s.
17)

(e) be paid-
(i) except as otherwise provided in this Ordinance by deduction from the officer's salary;
(ii) in the case of arrears howsoever arising, in a lump sum or sums acceptable to the Director of

Accounting Services or by monthly deduction (such deduction being in addition to monthly
deduction of current payments under subparagraph (i)), or where the officer is not in receipt of
salary, by monthly payment in either case at such rate as the Director of Accounting Services
may from time to time consider expedient, or both by lump sum and such deduction or payment:

Provided that the rate of such deduction or payment shall not without the agreement of the
officer exceed 5% of his monthly salary or, as the case may be, the amount he would have
received as his monthly basic salary had such salary been payable;



Cap 79 - SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCE 13

(iii) in the case of an officer who commences any period of leave without pay prior to payment in full
of any arrears of contributions being paid under subparagraph (ii), at the same rate and time as if
he was not on such leave until such payment in full;

(iv) in the case of contributions owed by a contributor who has died, by any or a combination of the
following means, that is to say, by a lump sum paid by his personal representatives out of his
estate, or by deduction from any gratuity or other sum due to his estate, or by deduction from or
withholding the widow's or children's pension, as the Director of Accounting Services may think
fit.

(2) For the purposes of subsection (1)(a), an officer's pensionable emoluments or emoluments that would have
been pensionable shall-

(a) in respect of any period prior to the date on which this Ordinance first applied to him, in the case of an
officer to whom this Ordinance applies by virtue of an election under section 3(1)(a)(ii), 3(1)(c)(ii) or
3(1)(d)(iii)(B) be those enjoyed by him at the date of his marriage; (Amended 3 of 1993 s. 17)

(b) in respect of any period of absence on leave without pay that is taken into account as pensionable
service under regulation 21 (c) of the Pensions Regulations (Cap 89 sub. leg. A), regulation 21(1)(e) of
the Pension Benefits Regulations (Cap 99 sub. leg. A) or regulation 20(1)(e) of the Pension Benefits
(Judicial Officers) Regulations (Cap 401 sub. leg. A), be those he would have enjoyed had he not been
on leave; (Amended 36 of 1987 s. 37; 85 of 1988 s. 42)

(ba) in respect of any period of service of an officer who has opted under section 8(1) and (3) of the
Pension Benefits Ordinance (Cap 99) be in accordance with regulation 16(5) of the Pension Benefits
Regulations (Cap 99 sub. leg. A); (Added 36 of 1987 s. 37)

(bb) in respect of any period of service of an officer whose application under section 9(2) and (7) of the
Pension Benefits (Judicial Officers) Ordinance (Cap 401) is approved, be in accordance with
regulation 16(5) of the Pension Benefits (Judicial Officers) Regulations (Cap 401 sub. leg. A); (Added
85 of 1988 s. 42)

(c) in respect of any period of service in a non-established office or service in an established office on
agreement, being a period prior to the date on which this Ordinance first applied to him, be those
enjoyed by him on the date of his appointment as a public officer in service under the Government;
(Amended 36 of 1987 s. 37; 4 of 1993 s. 3)

(d) in respect of any period of service prior to the date on which this Ordinance first applied to her, in the
case of a female officer who makes an election under section 24(d), be those enjoyed by her on that
date;

(da) in respect of any period prior to the date on which this Ordinance first applied to the officer, in the case
of-
(i) a female officer who holds an established office;
(ii) an officer on the Model One Pay-scale;
(iii) an officer who holds the post of senior artisan or artisan; and
(iv) an officer-

(A) who holds the post of Police Constable, Fireman, Ambulanceman, Assistant Officer II and
Customs Officer;

(B) who was appointed before 1 January 1978; and
(C) who is not a contributor on the appointed day,

be those enjoyed by the officer on the appointed day or, where his election that this Ordinance shall
apply to him becomes effective on the date of his marriage, the date of his marriage; (Added 3 of
1993 s. 17)

(db) in respect of any period prior to the date on which this Ordinance applied to the officer by virtue of an
election under section 3A(3) or (4), be those enjoyed by him on the effective date of his election;
(Added 3 of 1993 s. 17)

(e) in respect of any other period, be those enjoyed by him from time to time.
(3) An existing contributor may, at the same time as he elects that this Ordinance shall apply to him or, where

he does not so elect, within 6 months of the date on which this Ordinance first applies to him, elect to make
contributions at the rate of 4% of his pensionable emoluments, and, except in the case of a contributor to whom this
Ordinance applies by virtue of an election under section 3(1)(a), during the period prior to his election as to such rate,
contributions may be deducted at the rate of 3% of his pensionable emoluments, and, if he becomes liable to
contribute at the rate of 4% for that period by electing for that rate, the difference recovered in such manner as the



Cap 79 - SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCE 14

Director of Accounting Services may deem fit. (Amended 3 of 1993 s. 17)
(4) An officer to whom this Ordinance applies by virtue of an election made under section 3(1)(a)(ii) or who

made an election under section 3(2)(b)(ii) shall pay upon the arrears of contributions arising out of the election and
due in respect of the period specified in subsection (2)(a) or (c), as the case may be, where they are paid by
instalments an addition to compensate for payment in arrear calculated in accordance with a formula determined for
that purpose by an actuary appointed by the Chief Executive, and, notwithstanding anything to the contrary in this
Ordinance, if he dies or retires on medical grounds before paying all arrears of contributions arising out of the
election, such arrears and addition shall, for all purposes of this Ordinance other than of section 14, be deemed to have
been paid in full on the date of his death or retirement. (Amended 63 of 1999 s. 3)

(5) Where any contributor or other person has to pay any contributions that will thereafter have to be returned
to him, the Director of Accounting Services may by written notice to that contributor or person set off the
contributions to be paid against the contributions to be returned and thereupon the contributions so set off shall be
deemed to have been duly paid and to have been duly returned with interest.

Section: 14 Return of contributions and surrender of benefits 30/06/1997


(1) Where a contributor ceases to be a public officer in such circumstances, other than his death, that-
(a) he is not eligible for the grant of a pension or an annual allowance under the Pensions Ordinance (Cap

89) or a pension under the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial
Officers) Ordinance (Cap 401); and (Amended 85 of 1988 s. 43)

(b) he would not have become eligible for a pension or an annual allowance had he left the service in the
circumstances described in section 6(1)(b) or (c),

the whole of his contributions shall be returned to him. (Replaced 36 of 1987 s. 37)
(2) Where a contributor ceases to be a public officer in circumstances-

(i) in which he is only eligible for a gratuity under regulation 5 of the Pensions Regulations (Cap 89 sub.
leg. A) or a short service gratuity under section 32 of the Pension Benefits Ordinance (Cap 99) or
section 36 of the Pension Benefits (Judicial Officers) Ordinance (Cap 401); or (Amended 85 of 1988
s. 43)

(ii) in which he is eligible for a pension or an annual allowance under the Pensions Ordinance (Cap 89)
(other than an additional pension under regulation 31(1)(ii) or (iii) of the Pensions Regulations (Cap 89
sub. leg. A)) or a pension under the Pension Benefits Ordinance (Cap 99) or the Pension Benefits
(Judicial Officers) Ordinance (Cap 401) (other than an additional pension under section 15(1) of either
of those Ordinances); or (Amended 85 of 1988 s. 43)

(iii) where a contributor transfers to other public service,
then- (Amended 36 of 1987 s. 37)

(a) if he has never married, the whole of his contributions shall be returned to him;
(b) if he had no spouse throughout the period in respect of which he made contributions, the whole of his

contributions shall be returned to him, but he shall retain such rights as might enure under this
Ordinance to his children;

(c) if he had a spouse at any time during the period in respect of which he made contributions, but has no
spouse when he ceases to be a public officer, there shall be returned to him such of those contributions,
beginning with the last of them, as is necessary to secure that the period in respect of which such
contributions have been paid by him without being returned does not extend beyond the date when he
last had a spouse, and he shall retain such rights as might enure under this Ordinance to his children;

(d) if paragraphs (a), (b) and (c) do not apply to him, and he is only eligible for a gravity under regulation
5 of the Pensions Regulations (Cap 89 sub. leg. A) or a short service gratuity under section 32 of the
Pension Benefits Ordinance (Cap 99) or section 36 of the Pension Benefits (Judicial Officers)
Ordinance (Cap 401) he may, unless he retired from the public service on medical grounds, elect
within 3 months of ceasing to be a public officer, that the whole of his contributions be returned to
him. (Amended 36 of 1987 s. 37; 85 of 1988 s. 43; 3 of 1993 s. 18)

(3) Where a contributor ceases to be a public officer by reason of his death-
(a) if he had never married and at the time of his death has no child who is entitled to children's pension or

share of such pension, the whole of his contributions shall be returned to his personal representative;
(b) if he had no spouse throughout the period in respect of which he made contributions, and at the time of

his death has no child who is entitled to a children's pension or share thereof, the whole of his



Cap 79 - SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCE 15

contributions shall be returned to his personal representative;
(c) if he had a spouse at any time during the period in respect of which he made contributions, but at the

time of his death has no spouse nor any child who is entitled to a children's pension or share thereof,
there shall be returned to his personal representative such of those contributions, beginning with the
last of them, as is necessary to secure that the period in respect of which such contributions have been
paid by him without being returned does not extend beyond the date when he last had a spouse.
(Amended 36 of 1987 s. 37; 3 of 1993 s. 18)

(3A) Where an existing contributor who is not married for the time being elects under section 3A(1) to cease to
make contributions-

(a) and where he has never married, the whole of his contributions shall be returned to him;
(b) and where he had no spouse throughout the period in respect of which he made contributions, the

whole of his contribution shall be returned to him, but he shall retain such rights as may enure under
this Ordinance to his children;

(c) and where he had a spouse at any time during the period in respect of which he made contributions, the
contributions which were made by him after the death of his spouse shall be returned to him, but he
shall retain such rights as may enure under this Ordinance to his children. (Added 3 of 1993 s. 18)

(3B) Where an existing contributor who is married for the time being elects under section 3A(1) to cease to
make contributions, all contributions which were made by him after the appointed day shall be returned to him, but he
shall retain such rights as may ensure under this Ordinance to his spouse and children. (Added 3 of 1993 s. 18)

(3C) Where a contributor elects under section 3A(2) to cease to make contributions, all contributions which
were made by him after the death of his spouse shall be returned to him, but he shall retain such rights as may enure
under this Ordinance to his children. (Added 3 of 1993 s. 18)

(4) Where a contributor's contributory service is in excess of 400 months, then upon his ceasing to be a public
officer there shall be returned to him or to his legal personal representative, such of those contributions made under
this Ordinance as relate to the period in excess of 400 complete months and are not returned to him under the other
provisions of this section; and such rights as might enure to his spouse or children shall be retained. (Amended 3 of
1993 s. 18)

(5) Where a female officer who is an existing contributor ceases to be a contributor by reason of her
remarriage, the whole of her contributions shall be returned to her, such rights as might enure to her children shall be
retained and, for the purpose of calculating any children's pension arising out of her contributions, she shall be deemed
to have retired on the date of her remarriage. (Amended 3 of 1993 s. 18)

(6) Where any contributions are returned under subsection (1), (2), (3), (4) or (5), they shall be returned-
(Amended 3 of 1993 s. 18)

(a) in the case of contributions made by an officer to whom this Ordinance applies by virtue of an election
under section 3(1)(a)(ii) or who made an election under section 3(2)(b)(ii) or 24(d), and which relate to
the period specified in section 13(2)(a), (c) or (d), with simple interest at the rate of 3% per annum on
each contribution from the date the contribution was made;

(b) in the case of other contributions, with an addition at the rate of 1 1/2% per annum of the aggregate
amount of the returned contributions for the period commencing on the date of payment of the first of
such contributions and ending on the date on which the contributions are returned: (Amended 57 of
1979 s. 3)

Provided that in calculating the amount of such interest or addition regard shall only be had to complete months
and any incomplete month shall be disregarded.

(6A) Where any contributions are returned under subsection (3A) or (3B), they shall be returned-
(a) in the case of contributions made before the appointed day, with an addition at the rate of 1 1/2% per

annum of the aggregate amount of the returned contributions for the period commencing on the date of
payment of the first of such contributions and ending on the date on which the contributions are
returned;

(b) in the case of contributions made on or after the appointed day, without any interest or addition,
and in calculating the amount of such addition regard shall only be had to complete months and any incomplete month
shall be disregarded. (Added 3 of 1993 s. 18)

(6B) Where any contributions are returned under subsection (3C), they shall be returned without any interest or
addition. (Added 3 of 1993 s. 18)

(7) Where the whole or part of the contributions of a contributor are returned to him under this section, he shall,
except to the extent otherwise provided, surrender all benefits that might enure under this Ordinance to his surviving



Cap 79 - SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCE 16

spouse or children. (Amended 98 of 1994 s. 3)
(8) For the avoidance of doubt it is hereby declared that this section applies equally to an existing contributor

who is a divorced or widowed female officer so that except where she dies while she is a contributor and leaves a
child entitled to a children's pension or share thereof, the whole of her contributions shall be returned to her or her
personal representative, and such rights as might enure under this Ordinance to her children, are retained.

(Amended 3 of 1993 s. 18)

Section: 15 Information to be furnished 30/06/1997


(1) Every contributor shall-
(a) if he was not a contributor under the existing Ordinance immediately before the day on which this

Ordinance first applied to him, within 3 months of that day notify to the Director of Accounting
Services in writing, if he is married or a widower with children who are under 23 years of age, the date
of his marriage and of the birth of his children;

(b) if he marries, notify his marriage to the Director of Accounting Services in writing within 3 months of
the marriage;

(c) notify to the Director of Accounting Services in writing within 3 months of the event-
(i) the birth of any child born to him;
(ii) the adoption of any child by him;
(iii) the marriage of any female child under 23 years of age;
(iv) the death of his spouse and the death or adoption by any other person of any child of his who is

under 23 years of age; (Amended 3 of 1993 s. 19)
(v) the annulment or dissolution of his marriage and the date thereof.

(2) A person who has ceased to be a contributor and whose spouse or child is eligible for a pension under this
Ordinance shall notify to the Director of Accounting Services in writing within 3 months of the event-

(a) the birth of any child born not more than 10 months after the person has ceased to be a public officer
and the date of such birth;

(b) the annulment or dissolution of his marriage and the date thereof;
(c) the adoption by any other person of any child of his who is under 23 years of age;
(d) the marriage of any female child under 23 years of age;
(e) the death of his spouse or any child under 23 years of age. (Amended 3 of 1993 s. 19)

(3) The surviving spouse of a contributor shall notify to the Director of Accounting Services in writing within 3
months of the event-

(a) the date of the death of the deceased;
(b) the date of birth of any posthumous child born to the deceased;
(c) the date of marriage of any female child during her period of childhood and full-time education;
(d) the date of death, bankruptcy or insolvency of any child during his period of childhood and full-time

education;
(e) the date of his own re-marriage, bankruptcy or in solvency;
(f) the date any child in his period of dependency ceases to receive full-time education at a university,

college, school or other educational establishment;
(g) the date any child in receipt of a pension under this Ordinance who was in the care of any other person

comes into his care;
(h) the date of adoption by any other person of any child of the deceased. (Amended 3 of 1993 s. 19)

(4) Any person in receipt of a pension in respect of a child under section 9 or 11 shall notify to the Director of
Accounting Services in writing within 3 months of the event-

(a) the date of death, bankruptcy or insolvency of the child;
(b) the date of marriage of the child if female;
(c) the date the child ceases to receive full-time education at a university, college, school or other

educational establishment within his period of dependency; (Amended 3 of 1993 s. 19)
(d) the date of adoption of the child;
(e) the date he ceases to have care of the child.

(5) Any statement or notice made or given in pursuance of this section shall be proved by the production of a
certificate of birth, death or marriage or by affidavit or otherwise to the satisfaction of the Director of Accounting
Services.



Cap 79 - SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCE 17


Section: 16 Penalty for non-compliance 30/06/1997


(1) (Repealed 3 of 1993 s. 20)
(2) If any contributor, person who has ceased to be a contributor, surviving spouse of such a contributor, or any

person in receipt of a pension under section 9 or 11 makes any false statement respecting any of the particulars
required by this Ordinance to be given to the Directors or the Director of Accounting Services, all or any part of the
rights or benefits which would or might enure to him or his surviving spouse or children under this Ordinance shall be
liable to be forfeited at the discretion of the Directors. (Amended 3 of 1993 s. 20)

Section: 17 Mode of making elections 30/06/1997


(1) Any election authorized to be made under this Ordinance shall be in writing and shall be made to the
Director of Accounting Services.

(2) The date of the making of the election shall be deemed to be the date of the receipt of the written
notification of the election by the Director of Accounting Services.

(3) After the expiry of any period within which an election under this Ordinance is required to be made, any
such election shall be irrevocable.

(4) The Secretary for the Civil Service or the Directors may in their discretion in any special circumstances
extend the period for making any election under this Ordinance. (Amended 3 of 1993 s. 21)

(5) Where an officer dies during the period within which he may make any election under this Ordinance
without making that election, and he leaves a surviving spouse or children who would benefit from a pension that
might enure under this Ordinance, the Secretary for the Civil Service may make the election on behalf of the officer if
he considers that it would have operated to the advantage of the beneficiaries, and for all purposes of this Ordinance
the election shall be deemed to have been made by the officer immediately before his death. (Amended 3 of 1993 s.
21)

Section: 18 Proof of claims on pensions 30/06/1997


The Director of Accounting Services may require such proof as he considers desirable that any person who
claims to be entitled to a pension under this Ordinance, or on behalf of whom such claim is made, is alive and entitled
to the pension, and the payment of any pension may be refused until such proof is furnished to the satisfaction of the
Director of Accounting Services.

Section: 19 Decision of questions under the Ordinance 63 of 1999 01/07/1997


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


If any question arises as to whether any person is a contributor within the meaning of this Ordinance, or as to
whether any person is entitled to any pension as the surviving spouse or child of a contributor or as to the amount of
pension to which any surviving spouse or child is entitled, or as to the meaning or construction to be assigned to any
provision of this Ordinance, the Directors may, and if required by any contributor or surviving spouse or child of a
contributor or a person claiming to be such, shall, submit such question to the Chief Executive for decision, and the
decision of the Chief Executive shall be final.

(Amended 3 of 1993 s. 22; 63 of 1999 s. 3)

Section: 20 Power of Chief Executive to give directions 63 of 1999 01/07/1997


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


(1) The Chief Executive may give such directions as he thinks fit (either generally or in any particular case)
with respect to the exercise or performance by the Directors or any public officer of the powers, duties and functions
of the Directors or the officer under this Ordinance.



Cap 79 - SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCE 18

(2) The Directors and all public officers shall, in the exercise or performance of any powers, duties or functions
under this Ordinance, comply with any directions given by the Chief Executive under subsection (1).

(Amended 63 of 1999 s. 3)

Section: 21 Pension not to be assigned 30/06/1997


Except as may be expressly provided in this Ordinance no pension payable and no rights of any person under
this Ordinance shall be assignable or transferrable or liable to be attached, sequestered or levied upon for or in respect
of any debt or claim whatsoever, save a debt due to the Government by reason of non-payment of contributions or
over-payment of pension or otherwise arising out of or in connection with the operation of this Ordinance.

Section: 22 Effect of certain nullity decrees 30/06/1997


Where a marriage which is voidable but not void from the beginning is declared to be null by any court of
competent jurisdiction, the same results shall follow under this Ordinance as would have followed thereunder if the
marriage had not been voidable and had been dissolved at the date of the decree.

Section: 23 Financial provisions 30/06/1997


(1) There shall be paid out of the general revenue of Hong Kong-
(a) any pension or return of contributions, interest thereon and addition thereto payable under or by virtue

of this Ordinance;
(b) any expenses incurred in the administration of this Ordinance.

(2) Contributions, interest thereon and any addition thereto paid by contributors under this Ordinance shall be
paid into the general revenue of Hong Kong.

Section: 24 Date of application to female officers 30/06/1997


Where this Ordinance applies to a divorced or widowed female public officer under section 3 and the Schedule,
it shall do so from the following date-

(a) the commencement of this Ordinance in the case of a divorced or widowed officer who was in service
under the Government in an established office on terms which attract pension, gratuity or other
benefits under the Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap 99) or the
Pension Benefits (Judicial Officers) Ordinance (Cap 401) at such commencement;

(b) the date of her divorce or her husband's death which divorce or death took place before the appointed
day in case of an officer who after the commencement of this Ordinance was in service under the
Government before the appointed day in an established office on terms which attract pension, gratuity
or other benefits under the Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap 99) or
the Pension Benefits (Judicial Officers) Ordinance (Cap 401) at the time of her divorce or her
husband's death;

(c) the date of her appointment or transfer to service under the Government before the appointed day in an
established office on terms which attract pension, gratuity or other benefits under the Pensions
Ordinance (Cap 89), the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial
Officers) Ordinance (Cap 401) in the case a divorced or widowed officer so appointed or transferred
after the commencement of this Ordinance who was not in service under the Government immediately
prior to such appointment;

(d) in the case of an officer who was in service under the Government before the appointed day in a non-
established office immediately before she was, after the commencement of this Ordinance, appointed
to such service in an established office on terms which attract pension, gratuity or other benefits under
the Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap 99) or the Pension Benefits
(Judicial Officers) Ordinance (Cap 401)-
(i) the date being a date before the appointed day on which she was first both a divorcee or widow

and in continuous service; or
(ii) the commencement of this Ordinance,



Cap 79 - SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCE 19

whichever is the later, if she so elects at the same time as she elects that this Ordinance shall apply to
her; and if she does not elect for the date specified in subparagraph (i) or (ii), the date she was
appointed to service under the Government in an established office on terms which attract pension,
gratuity or other benefits under the Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap
99) or the Pension Benefits (Judicial Officers) Ordinance (Cap 401):

Provided that if the officer was on agreement immediately before she was appointed in an established office on
terms which attract pension, gratuity or other benefits under the Pensions Ordinance (Cap 89), the Pension Benefits
Ordinance (Cap 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap 401), the date shall not be earlier than
the date of commencement of her pensionable service.

(Amended 36 of 1987 s. 37; 85 of 1988 s. 44; 3 of 1993 s. 23)

Section: 25 No decrease of previous benefits 30/06/1997


Where a public officer ceases to be a contributor under the existing Ordinance otherwise than in pursuance of
section 35 thereof and becomes a contributor under this Ordinance, then notwithstanding anything to the contrary in
this Ordinance, if-

(a) there being no children's pension payable, the rate of the widow's pension; or
(b) there being no widow's pension payable, the rate of the children's pension; or
(c) the aggregate rate of both a widow's and a children's pension,

as the case may be, shall at any time be less than the rate that would have been payable under the existing Ordinance
and the Widows and Orphans Pension (Increase) Ordinance (Cap 205), if the contributor had been treated for the
purposes of the existing Ordinance as having transferred to other public service and as having ceased to contribute
under the existing Ordinance as from the date applicable to him under section 3(2), it shall be increased to the last
mentioned rate and in the case of both a widow's and a children's pension, the increase shall be divided between the
two in the proportion each bears to the aggregate; and subject to such increase, this Ordinance shall apply mutatis
mutandis to that pension or those pensions as it applies to other pensions granted under its provisions.

Section: 26 Application of Cap 94 30/06/1997


Subject to this Ordinance, the existing Ordinance shall cease to apply to and in relation to a public officer on and
after the day from which this Ordinance first applies to him, and he shall be deemed to have surrendered all claims to
benefit under the existing Ordinance, save in relation to-

(a) contributions made by the officer under the existing Ordinance and to any pension due in respect of
those contributions if-
(i) the officer did not make any contributions under the existing Ordinance in respect of the day

immediately before that day; or
(ii) the officer ceased to contribute under the existing Ordinance in pursuance of section 35 of that

Ordinance;
(b) a pension that officer is receiving as the widow of a deceased contributor under the existing Ordinance.


Section: 27 (Amendments incorporated) 30/06/1997




Section: 28 Transitional provisions 30/06/1997


(1) (Repealed 36 of 1987 s. 37)
(2) Notwithstanding anything to the contrary in this Ordinance, a person who at the commencement of this

Ordinance is both making contributions under the existing Ordinance and is in service under the Government in a non-
established office otherwise than on agreement shall, for so long as he continues to serve in such non-established
office, be deemed for all purposes of this Ordinance to be a public officer in service under the Government unless he
fails to make an election under section 3(1)(a) within the time it has to be made, and for the avoidance of doubt it is
hereby declared that section 6 shall not preclude the grant of a pension in relation to him unless it would have done so
had he been a public officer. (Amended 36 of 1987 s. 37)

(3) Notwithstanding that this Ordinance does not apply to a public officer who holds the post of police



Cap 79 - SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCE 20

constable, constable Hawker Control Force, fireman, ambulanceman, assistant officer II, preventive officer or assistant
revenue officer at the commencement of this Ordinance and does not elect under section 3(1)(a) for the application to
him of this Ordinance, the Ordinance shall apply to him on and after the date with effect from which he is promoted or
otherwise appointed as a public officer in service under the Government to any post other than that so held by him, or
the commencement of this Ordinance, whichever is the later.

(3A) Where this Ordinance applies to an officer (whether the title of his office has been changed or not) by
virtue of subsection (3), the officer may elect-

(a) 1 January 1978 as the date on which such application came into effect; and
(b) to make contributions equal to 4% or 3% of his emoluments as at the appointed day during the period

between 1 January 1978 and the date on which this Ordinance first applied to him,
within 6 months following the appointed day. (Added 3 of 1993 s. 24)

(4) A public officer in service as a public officer under the Government at the commencement of this
Ordinance who ceased or ceases to be a public officer prior to the expiration of the period within which he may make
an election under section 3(1)(a)(i), shall, until the expiration of that period be deemed to be a public officer in service
under the Government for the purposes of section 3(1)(a)(i). (Added 58 of 1978 s. 2)

(5) (a) Any contributions made under this Ordinance in respect of service under an agreement entered into on
or after 1 June 1981 which expressly provides for the payment of a monthly pension in lieu of a
gratuity, shall as soon as practicable be returned to the contributor or to his legal personal
representative and there shall be paid out of the general revenue of Hong Kong the contributions to be
returned.

(b) No such service shall be contributory service for the purposes of this Ordinance. (59 of 1982 s. 3
incorporated)


Schedule: SCHEDULE 30/06/1997


[section 3(1), (1A) & (3)]


APPLICATION OF ORDINANCE TO CERTAIN OFFICERS

1. This Ordinance shall apply to a divorced or widowed female public officer who elects that this Ordinance shall
apply to her-

(a) in the case of a person who was such an officer at the commencement of this Ordinance, within the period
applicable under section 3(1)(a)(i);

(b) in the case of any such officer who is not a person specified in subparagraph (a), within 6 months of the
date on which she first becomes such an officer.


2. This Ordinance shall not apply to any public officer who holds the posts of senior artisan or artisan during the
period from 1 October 1989 to the appointed day unless he makes an election under 3(1)(d). (Replaced 3 of 1993 s.
25)

(Amended 3 of 1993 s. 25)

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