Public Officers (Assignment Of Emoluments) Ordinance


Published: 1997-06-30

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Cap 363 - PUBLIC OFFICERS (ASSIGNMENT OF EMOLUMENTS) ORDINANCE 1

Chapter: 363 PUBLIC OFFICERS (ASSIGNMENT OF
EMOLUMENTS) ORDINANCE

Gazette Number Version Date


Long title 30/06/1997


To enable public officers to assign part of their emoluments in certain circumstances, and for incidental and related
matters.


[19 December 1980]


(Originally 74 of 1980)

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Public Officers (Assignment of Emoluments) Ordinance.

Section: 2 Interpretation 63 of 1999 01/07/1997


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


(1) In this Ordinance, unless the context otherwise requires-
"authorized officer" (特准人員) means-

(a) the Secretary for the Civil Service;
(b) any other public officer the Secretary for the Civil Service may by notice in the Gazette declare to be

an authorized officer for the purposes of this Ordinance;
"emoluments" (薪酬), subject to subsection (2), means-

(a) in the case of an officer holding an established office, other than an officer on probationary terms,
month-to-month or agreement terms, the salary attached to his established office, or where provision is
made for taking service in a non-established office into account as pensionable service, the salary
attached to that office;

(b) in the case of an officer holding a non-established office, or an established office on probationary
terms or month-to- month terms, the salary payable to him in his substantive rank;

(c) any pension (other than a commuted pension gratuity) payable under the Pensions Ordinance (Cap 89),
the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap
401); and (Amended 85 of 1988 s. 57)

(d) any annual allowance payable under the Pensions Ordinance (Cap 89) to an officer holding a non-
established office, or an established office on probationary terms or month-to-month terms; (Replaced
36 of 1987 s. 48)

"established office" (設定職位), in relation to the holder of an established office, has-
(a) in case the Pensions Ordinance (Cap 89) applies to such holder, the meaning assigned to it by section 2

of that Ordinance;
(b) in case the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial Officers) Ordinance

(Cap 401) applies, the meaning assigned to it by section 2 of the Pension Benefits Ordinance (Cap 99);
(Replaced 85 of 1988 s. 57)

"non-established office" (非設定職位) means an office which is not an established office. (Added 36 of 1987 s. 48)
(2) The Chief Executive in Council may make regulations amending the definition of "emoluments" in

subsection (1). (Amended 63 of 1999 s. 3)

Section: 3 Assignability of emoluments 30/06/1997


(1) A public officer may with the written permission of an authorized officer assign such proportion or part of
his emoluments for such period as the authorized officer may approve.



Cap 363 - PUBLIC OFFICERS (ASSIGNMENT OF EMOLUMENTS) ORDINANCE 2

(2) Where an assignment is made under subsection (1), it shall, subject to section 6, be irrevocable during the
period approved by an authorized officer under that subsection.

(3) Upon the making by a public officer of an assignment under subsection (1), the Government may, until that
assignment is revoked in accordance with this Ordinance, deduct from the emoluments due to the public officer the
amount assigned and remit it to the assignee.

Section: 4 Form of Assignment 30/06/1997


(1) An assignment under section 3(1) shall be in such form as may be approved by the Secretary for the Civil
Service, who shall publish such approved form in the Gazette.

(2) Where any approved form is amended or replaced, such amendment or new form shall be published in the
Gazette.

(3) An assignment purported to be made under section 3(1) that is not in a form approved by the Secretary for
the Civil Service shall be void.

Section: 5 Assignment not to reduce emoluments below certain level 30/06/1997


(1) Subject to subsection (2), except with the written approval of an authorized officer, no deduction or
payment shall be made in pursuance of an assignment under section 3(1) which has the effect of reducing the amount
a public officer receives in any month to below 75% of the officer's emoluments payable at the time of the making of
the assignment:

Provided that in no case shall any such deduction or payment have the effect of reducing the amount a public
officer receives in any month to below 50% of such emoluments.

(2) In calculating the amount to be deducted under subsection (1) there shall be disregarded any other
deductions made by the Government from the officer's emoluments.

Section: 6 Revocation of Assignments 30/06/1997


(1) Notwithstanding section 3(2), an assignment made by a public officer under section 3(1) shall be revoked-
(a) by the death of the officer;
(b) by the expiration of the period of the assignment approved by an authorized officer under section 3(1)

or the repayment of the loan to which the assignment relates, whichever is the sooner;
(c) by the making against the officer of an order under the Bankruptcy Ordinance (Cap 6) adjudging him

bankrupt.
(2) Notwithstanding section 3(2), a public officer who has made an assignment under section 3(1) may, with

the written approval of an authorized officer-
(a) amend the assignment;
(b) suspend the operation of the assignment; or
(c) revoke the assignment.

(3) An authorized officer shall not give approval for the purposes of subsection (2) until he has taken all
reasonable steps to consult the assignee and taken into account any representation made by the assignee.

Section: 7 Government not to be liable in respect of assignments 30/06/1997


No action shall lie against the Government or any public officer (not being the public officer who made an
assignment under section 3(1))-

(a) by any public officer or any person claiming on behalf of any public officer in respect of any deduction
or payment of his emoluments in pursuance of an assignment made under section 3(1) or an amended
assignment under section 6(2)(a) or in respect of the exercise of any of the powers conferred by section
6(2);

(b) by any person for failure to make any deduction or payment from the emoluments of any public officer
in pursuance of an assignment made under section 3(1) or an amended assignment under section
6(2)(a) or in respect of any approval given under section 6(2). (Amended L.N. 446 of 1994)





Cap 363 - PUBLIC OFFICERS (ASSIGNMENT OF EMOLUMENTS) ORDINANCE 3

Section: 8 Assignment not to prejudice tax and debts due to
Government

30/06/1997



Nothing in this Ordinance nor any assignment under this Ordinance shall prejudice any right or process of
recovery of tax by the Commissioner of Inland Revenue, nor any right of the Government to recover any moneys or
debt due to it, whether by deduction from a public officer's emoluments or otherwise.

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