Pension Benefits (Judicial 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 401 - PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE 1

Chapter: 401 PENSION BENEFITS (JUDICIAL OFFICERS)
ORDINANCE

Gazette Number Version Date


Long title 30/06/1997


To provide for the granting of pension benefits to judicial officers.
(Enacted 1988)


[23 December 1988] L.N. 349 of 1988


(Originally 85 of 1988)

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Pension Benefits (Judicial Officers) Ordinance.
(Enacted 1988)


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


(1) In this Ordinance, unless the context otherwise requires-
"additional pension" (額外退休金) means an additional pension granted under section 15 or 17;
"authorized increase" (特准增加額) has the same meaning as in the Pensions (Increase) Ordinance (Cap 305);
"child" (子女) in relation to an officer- (Amended 28 of 2004 s. 35)

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

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

(b) subject to paragraph (a)(ii), does not include a child of the officer adopted by another person;
(Replaced 3 of 1993 s. 61. Amended 28 of 2004 s. 35)

"commuted pension gratuity" (經折算的退休酬金) means the commuted pension gratuity referred to in section
26(1);

"compensation scheme" (補償計劃) means a compensation scheme approved under section 13;
"death gratuity" (死亡恩恤金) means a death gratuity payable under section 21;
"deferred pension" (延付退休金) means a pension granted to an officer but the payment of which is deferred under

section 8(1)(a);
"dependant pension" (受養人退休金) means a pension granted under section 20 to a dependant of a deceased

officer;
"designated officer" (指定人員) means an officer appointed under section 32(1);
"established office" (設定職位) has the same meaning as in the Pension Benefits Ordinance (Cap 99);
"highest pensionable emoluments" (最高可供計算退休的薪酬) means the highest annual pensionable emoluments

determined in accordance with the regulations;
"non-established office" (非設定職位) means an office in the public service which is not an established office;
"normal retirement age" (正常退休年齡) means the retirement age specified in section 6;
"notional highest pensionable emoluments" (理論上最高可供計算退休金的薪酬) means the highest pensionable

emoluments enjoyed or drawn by an officer during his service which are deemed for the purposes of this
Ordinance to be increased in value by the same percentage as the authorized increase since the date when he left
the service up to the earlier date he attains his retirement age or the date of his death;

"officer" (人員) means an officer holding a judicial office as defined in the Public Service Commission Ordinance
(Cap 93);

"other public service" (其他公職、其他公職服務) means public service not under the Government;



Cap 401 - PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE 2

"pension" (退休金) means any pension or deferred pension (other than an additional pension or a dependant pension)
granted, payable or paid under this Ordinance;

"pension benefits" (退休金利益 ) means any pension, additional pension, dependant pension, death gratuity,
commuted pension gratuity, short service gratuity or other benefits granted, payable or paid under this
Ordinance;

"pensionable emoluments" (可供計算退休金的薪酬) means-
(a) in respect of service of an officer under the Government, the emoluments specified in section 23(1)(a),

(b), (c) or (d) and (2), and where provided includes pensionable emoluments enjoyed or drawn by him
and his notional pensionable emoluments; and

(b) in respect of an officer in other public service, the emoluments referred to in section 23(1)(e);
(Amended 4 of 1993 s. 29)

"pensionable emoluments enjoyed or drawn" (享有或支取的可供計算退休金的薪酬) includes the pensionable
emoluments that an officer on leave without salary would have enjoyed or drawn if he had been on duty on full
pensionable emoluments;

"pensionable service" (可供計算退休金的服務期、可供計算退休金的服務) means service which may be
taken into account in computing pension benefits;

"pensioner" (領取退休金的人) means a person to whom a pension has been granted, payable or paid;
"personal allowance" (個人津貼) means a special addition to a salary granted personally to the holder for the time

being of an office if it is granted subject to the condition that it shall be taken into account in computing pension;
"public service" (公職、公職服務) and "service" (任職、服務、服務期) mean-

(a) with respect to an officer appointed on or after the date on which Schedule 4 to the Adaptation of Laws
(No. 10) Ordinance 1999 (26 of 1999) comes into operation-
(i) service in a civil capacity under the Government;
(ii) any other service that the Chief Executive has determined to be public service for the purposes of

this Ordinance; (Replaced 26 of 1999 s. 3)
(b) with respect to an officer appointed before the date on which Schedule 4 to the Adaptation of Laws

(No. 10) Ordinance 1999 (26 of 1999) comes into operation-
(i) service in a civil capacity under the Government or under the government of any country or

territory in the Commonwealth;
(ii) service in a civil capacity under the East Africa High Commission, the East African Common

Services Organization, the East African Posts and Telecommunications Administration, the East
African Railways and Harbours Administration, the East African Community, the East African
Harbours Corporation, the East African Posts and Telecommunications Corporation, the East
African Railways Corporation or any of their successor authorities;

(iii) service which was, before the date on which Schedule 4 to the Adaptation of Laws (No. 10)
Ordinance 1999 (26 of 1999) comes into operation, pensionable-
(A) under the Oversea Superannuation Scheme of the United Kingdom;
(B) under any Acts of the United Kingdom relating to the superannuation of teachers in the

United Kingdom;
(C) under a local authority in the United Kingdom; or
(D) under the National Health Service of the United Kingdom;

(iv) any other service that the Chief Executive has determined to be public service for the purposes of
this Ordinance;

(v) except for the purposes of computation of a pension or gratuity and of section 22, service in
respect of which a pension could, before the date on which Schedule 4 to the Adaptation of Laws
(No. 10) Ordinance 1999 (26 of 1999) comes into operation, have been granted under the
Governors' Pensions Act 1957 of the United Kingdom (1957 c. 62 U.K.) or the Governors'
Pensions Scheme 1979 or any Act of the United Kingdom or Scheme amending or replacing that
Act or Scheme;

(vi) service as the holder of the office of President, Vice-President, Justice of Appeal, Registrar,
officer or servant of the Court of Appeal for Eastern Africa or the Court of Appeal for East
Africa;

(vii) service in a civil capacity in the service of the Interim Commission for the West Indies;



Cap 401 - PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE 3

(viii) pensionable service with the British Telecommunication and the Post Office, United Kingdom of
Great Britain and Northern Ireland; (Replaced 26 of 1999 s. 3)

(c)-(h) (Repealed 26 of 1999 s. 3)
"qualifying service" (符合領取退休金利益資格的服務期) means the period of service calculated as qualifying

service in accordance with the regulations;
"reduced pension" (經扣減的退休金) means the reduced pension referred to in section 26(1);
"the regulations" (規例) means regulations made under this Ordinance;
"retirement" (退休) means retirement from the public service;
"salary" (薪金) means the substantive salary attached to any established or non-established office in the service;
"short service gratuity" (短期服務酬金) means a short service gratuity granted to an officer under section 36;
"spouse" (配偶) means the person to whom an officer is, by reason of the form of marriage contracted, lawfully

married;
"wife" (妻子), in relation to an officer, means-

(a) the lawful wife of the officer married to him by a Christian marriage or its civil equivalent;
(b) where there is no such wife and the officer is Chinese the kit fat or tin fong wife; or
(c) where there is no wife under paragraph (a) or (b) and polygamy lawfully subsists, the principal wife

recognized as such by the personal law of the officer,
and "widow" (遺孀) shall be construed accordingly.
(2) For the avoidance of doubt it is hereby declared that, where a person has been confirmed in an established

office and is afterward appointed to another established office, then, unless the terms of the appointment otherwise
require, the last mentioned office is, for the purposes of this Ordinance, an office in which he has been confirmed.

(Enacted 1988)

Section: 2A Saving 26 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 26 of 1999 s. 3


The amendments made to this Ordinance by the Adaptation of Laws (No. 10) Ordinance 1999 (26 of 1999) shall
not affect any right accrued or accruing to any person before the date on which those amendments come into
operation.

(Added 26 of 1999 s. 3)

Section: 3 Application 30/06/1997


(1) Subject to an exemption under section 37, this Ordinance only applies to-
(a) an officer who is appointed or re-appointed to service under the Government on or after 1 July 1987,

whether on transfer from other public service or otherwise, on terms which attract pension benefits
under this Ordinance;

(b) an officer whose application under section 9 is approved;
(c) a person who has exercised an option under section 10; and
(d) an officer or person who, under section 11, is deemed to have applied under section 9 or exercised an

option under section 10.
(2) A person shall not derive any pension, gratuity or other allowance under the Pensions Ordinance (Cap 89)

and pension benefits under the Pension Benefits Ordinance (Cap 99) and this Ordinance in respect of the same period
of service.

(Enacted 1988)

Section: 4 Pension benefits to be of right 30/06/1997


Except as otherwise provided in this Ordinance, the entitlement to pension benefits is a right.
(Enacted 1988)





Cap 401 - PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE 4

Section: 5 Pension benefits to be charged to general revenue 30/06/1997


There shall be charged on and paid out of the general revenue all money that is from time to time granted by way
of pension benefits.

(Enacted 1988)

Section: 6 Normal retirement age 10 of 2005 08/07/2005


(1) The normal retirement age of-
(a) the Chief Justice or a permanent judge of the Court of Final Appeal is when he attains the age of 65

years unless he is appointed under section 14(2)(b) of the Hong Kong Court of Final Appeal Ordinance
(Cap 484) in which case his age at the expiration of his term of 3 years shall be regarded as the normal
retirement age; (Added 79 of 1995 s. 50. Amended 10 of 2005 s. 182)

(aa) a judge of the High Court or a District Judge is the retiring age specified in section 11A of the High
Court Ordinance (Cap 4) or section 11A of the District Court Ordinance (Cap 336), as the case may be;
(Replaced 26 of 1997 s. 5)

(b) the Registrar of the High Court or a Senior Deputy Registrar or Deputy Registrar of the High Court is
when he attains the age of 65 years; or (Amended 10 of 2005 s. 182)

(c) an officer not referred to in paragraph (a) or (b) is when he attains the age of 60 years.
(2) Subject to subsections (3) and (4), an officer, other than one referred to in subsection (1)(a) or (aa), shall not

continue in service after his normal retirement age.
(3) The Chief Executive may approve the continued service of an officer, other than one referred to in

subsection (1)(a) or (aa), for an aggregate of 5 years plus accrued leave after he attains his normal retirement age.
(Amended 26 of 1999 s. 3)

(4) An officer, other than one referred to in subsection (1)(a) or (aa), may continue in office for as long as
necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced
before his normal retirement age or before the end of continued service approved under subsection (3) or before the
expiration of any extension granted under section 14(1)(a) or (b) of the Hong Kong Court of Final Appeal Ordinance
(Cap 484). (Amended 26 of 1997 s. 5)

(5) Where, after his normal retirement age, an officer continues in service under subsection (3) or (4) or under
section 11A(2) or (3)(b) of the High Court Ordinance (Cap 4) or section 11A(2) or (3) of the District Court Ordinance
(Cap 336) or under section 14(2)(a) or (b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484), the
continued service shall be considered pensionable service. (Amended 26 of 1997 s. 5)

(6) In this section, "judge of the High Court" (高等法院法官) means a judge of the High Court other than a
judge appointed under section 8(1) or (2) of the High Court Ordinance (Cap 4) or a recorder or a deputy judge of the
Court of First Instance appointed under section 6A or 10(1), as the case may be, of that Ordinance. (Added 26 of 1997
s. 5)

(Amended 79 of 1995 s. 50; 25 of 1998 s. 2)
(Enacted 1988)


Section: 7 Circumstances in which pension may be granted 79 of 1995; 25 of

1998; 26 of 1999
01/07/1997



Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2; 26 of 1999 s. 3


(1) Except as provided in this Ordinance, a pension shall be granted in respect of an officer's pensionable
service-

(a) subject to section 29(2), on his retirement on or after attaining his normal retirement age, and after
completion of qualifying service of not less than-
(i) 10 years in the case of an officer appointed before his attaining the age of 50 years; and
(ii) 5 years in the case of an officer appointed on or after his attaining the age of 50 years;

(b) subject to section 29(2), on his voluntary early retirement after completion of qualifying service of not
less than the relevant period specified in paragraph (a)- (Amended 4 of 1993 s. 30)



Cap 401 - PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE 5

(i) in the case of an officer appointed before 1 July 1987, on or after his attaining the age of 55
years; and

(ii) in the case of an officer appointed on or after 1 July 1987, on or after his attaining the age of 60
years;

(c) in a case where he is transferred to other public service-
(i) on his retirement on or after attaining the age at which he is permitted by the law or regulations

of the service in which he was last employed to retire on pension; or
(ii) on his retirement in any other circumstances in which he is permitted by the law or regulations of

the service in which he was last employed to retire on pension or gratuity, but this subparagraph
does not apply in the case of a female judicial officer who retires because she has or is about to
be married;

(d) for an officer other than a judge of the High Court or District Court, on his retirement on the abolition
of his office, and after completion of qualifying service of not less than 2 years; (Amended 25 of 1998
s. 2)

(da) in the case of the Chief Justice or a permanent judge of the Court of Final Appeal, on retirement after
removal from office under section 14 of the Hong Kong Court of Final Appeal Ordinance (Cap 484),
whether or not he has completed qualifying service of not less than the relevant period as specified in
paragraph (a); (Added 79 of 1995 s. 50)

(e) in the case of a judge of the High Court or District Court, on retirement after removal from office
under Article 89 of the Basic Law, whether or not he has completed qualifying service of not less than
the relevant period specified in paragraph (a); (Amended 25 of 1998 s. 2)

(f) in the case of an officer other than a judge of the High Court or District Court and subject to section
31(1)(a), on his compulsory retirement in exercise of disciplinary powers of punishment by the Chief
Executive, whether or not he has completed qualifying service of not less than the relevant period
specified in paragraph (a); (Amended 45 of 1993 s. 12; 25 of 1998 s. 2)

(g) for an officer other than a judge of the High Court or District Court, on his compulsory retirement for
the purpose of facilitating improvement in the organization of the judiciary, by which greater
efficiency or economy may be effected, and after completion of qualifying service of not less than 2
years; (Amended 25 of 1998 s. 2)

(h) on his retirement on medical evidence that satisfies the Chief Executive that the officer is incapable by
reason of an infirmity of mind or body of discharging the duties of his office and that the infirmity is
likely to be permanent;

(i) on his retirement in accordance with a compensation scheme, whether or not he has completed
qualifying service of not less than the relevant period specified in paragraph (a);

(j) subject to section 29(2), on his resignation from the judiciary, with the approval of the Chief Justice,
after completion of qualifying service of not less than 10 years; or

(k) subject to section 29(2), on his retirement on or after attaining the maximum pension specified in
section 22. (Amended 4 of 1993 s. 30)

(2) Unless otherwise directed by the Chief Executive, a pension granted to an officer to whom subsection
(1)(da), (e), (f) or (j) applies shall be a deferred pension. (Amended 79 of 1995 s. 50)

(3) Retirement under subsection (1)(a), (b) or (k), or resignation under subsection (1)(j), shall take place after
the officer has served a period of service, which may be specified by the Chief Justice, after the officer has notified the
Chief Justice of his intention to retire or resign.

(Amended 26 of 1999 s. 3)
(Enacted 1988)


Section: 8 Time of pension payments 79 of 1995; 26 of

1999
01/07/1997



Remarks:
Adaptation amendments retroactively mad - see 26 of 1999 s. 3


(1) Subject to section 28, commencement of pension payments to an officer shall-
(a) in case he is an officer to whom section 7(1)(da), (e), (f) or (j) applies- (Amended 79 of 1995 s. 50)

(i) where he is an officer appointed before 1 July 1987, be deferred until he attains the age of 55



Cap 401 - PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE 6

years; or
(ii) where he is an officer appointed on or after 1 July 1987, be deferred until he attains the age of 60

years,
or, where the Chief Executive so directs, be deferred until a date earlier than referred to in
subparagraph (i) or (ii), as specified in the direction; (Amended 26 of 1999 s. 3)

(b) where the pension is granted under a compensation scheme, be on the retirement of the officer under
section 7(1)(i) as prescribed in the compensation scheme; and

(c) in any other case, be as soon as possible after the retirement of the officer.
(2) A pension shall be paid in monthly instalments, or less frequently if so requested by the recipient.

(Amended 4 of 1993 s. 31)
(Enacted 1988)


Section: 9 Application regarding previous pensionable service 26 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 26 of 1999 s. 3


(1) In subsections (2) to (9), "officer" (人員) means an officer who is subject to the Pensions Ordinance (Cap
89).

(2) An officer may apply to the Chief Justice under a Circular to be issued under this section by the Chief
Justice, to have all of his service attracting pension under the Pensions Ordinance (Cap 89) to be taken into account as
pensionable service under this Ordinance.

(3) Within 3 months after receiving an application under subsection (2), the Chief Justice may, having regard to
the circumstances of the particular case, reject the application if he considers that approval of the application would
prejudice the interests of the judicial service.

(4) Unless rejected by the Chief Justice under subsection (3), an application under subsection (2) shall be
deemed to be approved.

(5) Where the Chief Justice rejects an application he shall inform the officer in writing of the rejection and the
reasons for it.

(6) An officer whose application is rejected may, within 30 days after the notification to him of the rejection, or
a longer period that the Chief Executive may permit, petition the Chief Executive against the rejection and the Chief
Executive may either confirm the rejection or approve the application. (Amended 26 of 1999 s. 3)

(7) An officer in respect of whom 90% only of his substantive salary is taken as a pensionable emolument
under the Pensions Ordinance (Cap 89) may apply, at the same time as he applies under subsection (2) under the
Circular referred to in subsection (2), that 100% of his substantive salary shall be taken into account as a pensionable
emolument under this Ordinance.

(8) An application under subsection (7) shall be deemed to be approved if the application under subsection (2)
is approved and shall be deemed to be rejected if the application under subsection (2) is rejected.

(9) An application approved under this section is irrevocable.
(10) A person who, before becoming an officer on transfer from the public service, was subject to the Pension

Benefits Ordinance (Cap 99) shall have all of his service attracting pension under that Ordinance taken into account as
pensionable service under this Ordinance.

(Enacted 1988)

Section: 10 Option of person already retired 30/06/1997


(1) A person who was an officer immediately before his retirement on or after 1 July 1987 under the Pensions
Ordinance (Cap 89) may at his option, to be exercised under a Circular to be issued under this section by the Chief
Justice, require that all of his service attracting pension under that Ordinance shall be taken into account as
pensionable service under this Ordinance.

(2) A person who exercises an option under this section shall be deemed to have retired under this Ordinance.
(3) An option exercised under this section is irrevocable.

(Enacted 1988)




Cap 401 - PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE 7

Section: 11 Deemed application/option 30/06/1997


(1) An officer who was eligible to apply under section 9(2) but who died on or after 1 July 1987 and before the
expiry of the period within which he may have applied under the Circular, shall be deemed to have so applied and his
application shall be deemed to be approved.

(2) A person who was eligible to exercise an option under section 10 but who died on or after 1 July 1987 and
before the expiry of the period within which he could have exercised it under the Circular, shall be deemed to have
exercised that option if the beneficiary of the pension agrees.

(Enacted 1988)

Section: 12 Circumstances in which pension may be granted for

service after re-appointment
30/06/1997



A person who is eligible for, or was granted, a pension under this Ordinance or the Pension Benefits Ordinance
(Cap 99) and who is re-appointed to service under the Government, shall be granted a pension in respect of that
service on completion of qualifying service of not less than 2 years during the re-appointment.

(Enacted 1988)

Section: 13 Compensation scheme 26 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 26 of 1999 s. 3


For the purposes of section 7(1)(i) the Chief Executive in Council may approve a compensation scheme which-
(Amended 26 of 1999 s. 3)

(a) shall apply to officers specified in the scheme;
(b) may provide for the payment of compensation, pension benefits and additional benefits to officers on

their retirement, the commutation of pension benefits, the payment of death gratuities to dependants of
officers, and for other related matters, other than in accordance with this Ordinance; and

(c) shall provide for the circumstances in which compensation and other benefits are payable under the
scheme.

(Enacted 1988)

Section: 14 Grant of pension on retirement on account of injuries 30/06/1997


(1) A pension shall be granted to an officer who is permanently injured-
(a) in the actual discharge of his duty;
(b) not due to his own serious and wilful misconduct; and (Replaced 3 of 1993 s. 62)
(c) on account of circumstances specifically attributable to the nature of his duty,

while in pensionable service, if his retirement is thereby necessitated or materially accelerated, notwithstanding that he
has completed qualifying service of less than the relevant period specified in section 7(1)(a).

(2) An officer who is permanently injured while travelling by any means in pursuance of official instructions or
in the course of his duties shall be deemed for the purposes of subsection (1) to have been injured in the circumstances
described in paragraphs (a) and (c) of that subsection. (Amended 3 of 1993 s. 62)

(Enacted 1988)

Section: 15 Grant of additional pension on account of injuries 6 of 2008 18/04/2008


(1) Subject to subsection (2), if an officer is permanently injured in the circumstances described in section 14,
he shall be granted an additional pension at the prescribed rate where his capacity to contribute to his own support
becomes impaired at or after his retirement because of the injury and it shall be payable in accordance with the
regulations.

(2) Where an additional pension is granted under subsection (1) in respect of an injury which was caused in
circumstances creating a legal liability in a person other than the Government, the Government may take proceedings
against that person to recover an amount not exceeding the amount of the additional pension multiplied by 14.



Cap 401 - PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE 8

(3) Subsection (1) does not apply in the case of an officer who, in consequence of his injury, is entitled to and
has received compensation under the Employees' Compensation Ordinance (Cap 282), the Pneumoconiosis and
Mesothelioma (Compensation) Ordinance (Cap 360) or the Occupational Deafness (Compensation) Ordinance (Cap
469). (Amended 21 of 1995 s. 42; 6 of 2008 s. 46)

(Enacted 1988)

Section: 16 Minimum medical pension 30/06/1997


An officer referred to in section 7(1)(h) is entitled to a minimum pension based on 25% of his highest
pensionable emoluments.

(Enacted 1988)

Section: 17 Grant of additional pension on abolition of office or

compulsory retirement
30/06/1997



(1) An additional pension at the prescribed rate shall be granted to an officer-
(a) who retires under section 7(1)(d) on abolition of his office; or
(b) on his compulsory retirement under section 7(1)(g).

(2) An additional pension granted to an officer under subsection (1) is payable when a pension is paid to him.
(Enacted 1988)


Section: 18 Grant of pension benefits in respect of service while on

abnormal duty
L.N. 362 of 1997;
76 of 1999

01/07/1997



Remarks:
Adaptation amendments retroactively made - see 76 of 1999 s. 3


(1) Where an officer is serving-
(a) (Repealed 20 of 1997 s. 25)
(b) as a member of the Hong Kong Auxiliary Police Force under the Hong Kong Auxiliary Police Force

Ordinance (Cap 233); (Amended L.N. 362 of 1997; 76 of 1999 s. 3)
(c) as an auxiliary member of the Government Flying Service under the Government Flying Service

Ordinance (Cap 322); (Replaced 54 of 1992 s. 19)
(d) as a member of the Essential Services Corps under the Essential Services Corps Ordinance (Cap 197);
(e) as a member of the Auxiliary Medical Service under the Auxiliary Medical Service Ordinance (Cap

517); or (Added 57 of 1997 s. 34)
(f) as a member of the Civil Aid Service under the Civil Aid Service Ordinance (Cap 518), (Added 58 of

1997 s. 34)
and is injured in circumstances in which a pension, gratuity or other award is grantable in respect of that service, a
pension, gratuity or other award may at the option of the officer be granted-

(i) under section 15, unless section 15(3) applies, in like manner as if his service had been public service
under the Government and as if he had been injured in the like circumstances while in service; or

(ii) under any Ordinance mentioned in paragraph (b), (c), (d), (e) or (f) that is applicable if he is injured
before the date of the commencement+ of the Auxiliary Forces Pensions (Miscellaneous Amendments)
Ordinance 1997 (20 of 1997) or under the Auxiliary Forces Pay and Allowances Ordinance (Cap 254)
if he is injured on or after the date of the commencement of the Auxiliary Forces Pensions
(Miscellaneous Amendments) Ordinance 1997 (20 of 1997). (Amended 20 of 1997 ss. 5 & 25)

(2) Where an officer is serving-
(a) (Repealed 20 of 1997 s. 25)
(b) as a member of the Hong Kong Auxiliary Police Force under the Hong Kong Auxiliary Police Force

Ordinance (Cap 233); (Amended L.N. 362 of 1997; 76 of 1999 s. 3)
(c) as an auxiliary member of the Government Flying Service under the Government Flying Service

Ordinance (Cap 322); (Replaced 54 of 1992 s. 19)
(d) as a member of the Essential Services Corps under the Essential Services Corps Ordinance (Cap 197);
(e) as a member of the Auxiliary Medical Service under the Auxiliary Medical Service Ordinance (Cap



Cap 401 - PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE 9

517); or (Added 57 of 1997 s. 34)
(f) as a member of the Civil Aid Service under the Civil Aid service Ordinance (Cap 518), (Added 58 of

1997 s. 34)
and dies in circumstances in which a pension, gratuity or other award is grantable in respect of that service, his
beneficiaries shall be granted a pension, gratuity or other award- (Amended 20 of 1997 s. 5)

(i) under section 20, unless section 20(9) applies, in like manner as if his service had been public service
under the Government and as if he had died, in the like circumstances while in service; or

(ii) under any Ordinance mentioned in paragraph (b), (c), (d), (e) or (f) that is applicable if he is injured
before the date of the commencement+ of the Auxiliary Forces Pensions (Miscellaneous Amendments)
Ordinance 1997 (20 of 1997) or under the Auxiliary Forces Pay and Allowances Ordinance (Cap 254)
if he is injured on or after the date of the commencement of the Auxiliary Forces Pensions
(Miscellaneous Amendments) Ordinance 1997 (20 of 1997), (Amended 20 of 1997 ss. 5 & 25)

as directed by the Director of Accounting Services on the basis of his judgment as to which of paragraphs (i) or (ii) is
more beneficial to the beneficiaries as a whole. (Amended 4 of 1993 s. 32)

(3) If under the appropriate Ordinance applicable to the Hong Kong Auxiliary Police Force, the Government
Flying Service, the Essential Services Corps, the Auxiliary Medical Service or the Civil Aid Service a pension,
gratuity or other award may be granted in respect of injury or death during training or instruction or other form of
service, then the expression "service" (服務) in subsections (1) and (2) includes training, instruction or other form of
service in the Force, Service or Corps, as the case may be. (Amended 54 of 1992 s. 19; 20 of 1997 s. 25; L.N. 362 of
1997)

(Amended 57 of 1997 s. 34; 58 of 1997 s. 34)
(Enacted 1988)

_________________________________________________________________________________
Notes:
1. The operation of this provision is affected by the saving provisions contained in section 23(2) of 20 of
1997, which section is reproduced below-

"(2) Notwithstanding the repeal of the Royal Hong Kong Regiment Ordinance (Cap 199) and the
amendment of the Ordinances listed in the Schedule affected by this Ordinance, the amended
provisions in the Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap 99) and the
Pension Benefits (Judicial Officers) Ordinance (Cap 401) shall continue to apply to a former officer or
member of the Royal Hong Kong Regiment, or his dependants, as if they have not been amended.".


2. The operation of this provision is affected by the saving provisions contained in section 33(2) of Cap 517
and Cap 518.

+ Commencement date: 9 May 1997.

Section: 19 Discretionary power to grant ex gratia payment where

officer leaves the public service
26 of 1999 01/07/1997



Remarks:
Adaptation amendments retroactively made - see 26 of 1999 s. 3


Where an officer leaves the public service and a pension or short service gratuity cannot, except by the
application of section 37, be granted to him under this Ordinance, the Chief Executive may, if he thinks fit, grant an ex
gratia payment to the officer in an amount that he thinks just and proper.

(Amended 4 of 1993 s. 33; 26 of 1999 s. 3)
(Enacted 1988)


Section: 20 Dependant pension 6 of 2008 18/04/2008


Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


(1) Subject to subsection (3), where an officer dies as a result of injuries received-



Cap 401 - PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE 10

(a) in the actual discharge of his duty;
(b) not due to his own serious and wilful misconduct; and (Replaced 3 of 1993 s. 63)
(c) on account of circumstances specifically attributable to the nature of his duty,

while in service under the Government, the Chief Executive shall grant, in addition to a death gratuity (if any)-
(Amended 26 of 1999 s. 3)

(i) if the officer leaves a spouse, a dependant pension to the spouse at a rate of one-sixth of the officer's
annual pensionable emoluments at the date of the injury; but the Chief Executive may grant a
dependant pension under this paragraph at a rate not exceeding one-fourth of those pensionable
emoluments; (Amended 3 of 1993 s. 63; 26 of 1999 s. 3)

(ii) if the deceased officer leaves a spouse to whom a dependant pension is granted under paragraph (i) and
one or more children, a dependant pension to each child of an amount of one-eighth of the dependant
pension granted in accordance with paragraph (i);

(iii) if the deceased officer leaves one or more children, but does not leave a spouse or leaves a spouse to
whom no dependant pension is granted, a dependant pension to each child of double the amount
determined under paragraph (ii) as if the officer had left a spouse;

(iv) if the deceased officer leaves one or more children and a spouse to whom a dependant pension is
granted, and the spouse subsequently dies or ceases for any other reason to receive the dependant
pension, a dependant pension to each child as from the date of the death of the spouse, or the date on
which a dependant pension to the spouse ceases, of double the amount in accordance with paragraph
(ii); (Amended 3 of 1993 s. 63)

(v) if the deceased officer does not leave a spouse, or leaves a spouse to whom no dependant pension is
granted, and if-
(A) the mother or father of the deceased officer was wholly or mainly dependent on the officer

financially, a dependant pension to the mother or father, while she or he is without adequate
means of support, of an amount not exceeding the dependant pension which could have been
granted to the spouse under paragraph (i); and

(B) both his mother and father were wholly or mainly dependent on the officer financially, a
dependant pension to each of them, while she or (where appropriate) he is without adequate
means of support, of an amount not exceeding half of the dependant pension which could have
been granted to the spouse under paragraph (i); (Replaced 3 of 1993 s. 63)

(vi) (Repealed 3 of 1993 s. 63)
(2) A dependant pension is payable as soon as possible after the death of the officer and shall be paid in

monthly instalments, or less frequently if so requested by the recipient. (Amended 4 of 1993 s. 34)
(3) A dependant pension-

(a) is not payable under subsection (1) at any time in respect of more than 6 children, whether or not such
children are the first 6 children of the officer; (Amended 3 of 1993 s. 63)

(b) when granted under subsection (1) ceases-
(i) in the case of a child, at the appropriate time provided in subsection (4);
(ii) in the case of the deceased officer's mother or father, as from such date as the Chief Executive

may determine if it appears to him at any time that the mother or (where appropriate) father is
adequately provided with other means of support. (Replaced 3 of 1993 s. 63. Amended 26 of
1999 s. 3)

(iii) (Repealed 3 of 1993 s. 63)
(4) A dependant pension granted under subsection (1) to a child of an officer appointed or reappointed to

service under the Government before the day appointed under subsection (4A) shall, subject to subsection (4B), cease-
(Amended 3 of 1993 s. 63)

(a) in the case of a male child, on the earlier of-
(i) his attaining the age of 18 years unless at the time he attains that age he is receiving full-time

education;
(ii) the time at which he has since attaining the age of 18 years ceased to receive continuous full-time

education; but a dependant pension that has ceased under this subparagraph may be paid again
during the period when the full-time education is resumed; or

(iii) his attaining the age of 23 years; and
(b) in the case of a female child, on the earlier of-

(i) (where she is married) at the age of 18 years unless at the time she attains that age she is



Cap 401 - PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE 11

receiving full-time education; (Replaced 3 of 1993 s. 63)
(ii) (where she is not married) at the age of 21 years unless at the time she attains that age she is

receiving full-time education; (Replaced 3 of 1993 s. 63)
(iii) the time at which she has since attaining the age of 18 years (where she is married) or 21 years

(where she is not married) ceased to receive continuous full-time education; but a dependant
pension that has ceased under this subparagraph may be paid again during the period when the
full-time education is resumed; or (Amended 98 of 1994 s. 12)

(iv) her attaining the age of 23 years.
(4A) A dependant pension granted under subsection (1) to a child of an officer appointed or reappointed to

service under the Government on or after a day appointed* by the Secretary for the Civil Service for the purposes of
this subsection by notice in the Gazette shall subject to subsection (4B), cease-

(a) at the age of 18 years unless at the time he attains that age he is receiving full-time education at any
university, college, school or other educational establishment; or

(b) at the time at which he has since attaining the age of 18 years ceased to receive continuous full-time
education at any university, college, school or other educational establishment:

Provided that a pension that has ceased under this paragraph may be paid again during the period
when such full-time education is resumed; or

(c) at the age of 23 years,
whichever first occurs. (Added 3 of 1993 s. 63)

(4B) Where a child to whom a dependant pension is granted under subsection (1) is accepted by the Secretary for
the Civil Service as mentally or physically disabled to such extent that he cannot reasonably be expected to be
financially independent, the pension shall continue to be payable so long as he remains so disabled. (Added 3 of 1993
s. 63)

(5) For the purposes of subsection (1), "pensionable emoluments" (可供計算退休金的薪酬) includes
pensionable emoluments enjoyed or drawn.

(6) For the purposes of subsections (4) and (4A)- (Amended 3 of 1993 s. 63)
(a) "full-time education" (全日制教育) means full-time education at a university, college, school or other

educational establishment recognized by the Permanent Secretary for Education; and (Amended 3 of
2003 s. 41; L.N. 130 of 2007)

(b) a child on normal university, college, school or other educational establishment holidays or awaiting
for a normal period for admission to a university, college, school or other educational establishment is
receiving full-time education.

(7) For the purposes of this section-
(a) where an officer contracts a marriage and by reason of its form the officer is or becomes lawfully

married to more than one woman at the same time, "wife" (妻子) (without prejudice to the definition
of "wife" in section 2) means the woman whom the officer first married; but where a wife eligible for a
dependant pension under this section ceases to be so eligible and at the same time of the cessation the
officer was lawfully married as mentioned to another wife or other wives the officer shall be deemed
for the purposes of this section to have become a widower at the time of the cessation and
simultaneously to have married the woman who at that time was his wife and whom he married first
after his marriage to the wife who has ceased to be eligible;

(aa) "spouse" (配偶) (without prejudice to paragraph (a) and the definition of "spouse" in section 2) in
relation to an officer includes any person who can prove to the satisfaction of the Secretary for the
Civil Service that he or she cohabits with the officer as the officer's spouse; (Replaced 98 of 1994 s.
12)

(b) "child" (子女) (without prejudice to the definition of "child" in section 2) means-
(i) any child of an officer; or (Replaced 3 of 1993 s. 63)
(ii) a child who was wholly or mainly dependent on the deceased officer for support, and who had

been adopted by the officer before the date of the injuries which resulted in the death of the
officer.

(8) An officer who dies as a result of injuries received while travelling by any means in pursuance of official
instructions or in the course of his duties shall be deemed for the purposes of subsection (1) to have died in the
circumstances described in paragraphs (a) and (c) of that subsection. (Amended 3 of 1993 s. 63)

(8A) Where a dependant pension is granted under subsection (1) in respect of an injury which was caused in



Cap 401 - PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE 12

circumstances creating a legal liability in a person other than the Government, the Government may take proceedings
against the person to recover an amount not exceeding the commuted lump sum determined in accordance with section
20A. (Added 98 of 1994 s. 12)

(9) This section does not apply in the case of the death of an officer if his members of the family, as defined in
section 3 of the Employees' Compensation Ordinance (Cap 282) or section 2 of the Pneumoconiosis and
Mesothelioma (Compensation) Ordinance (Cap 360), are entitled to and have received compensation under either of
those Ordinances in respect of that death. (Amended 52 of 2000 s. 43; 6 of 2008 s. 47)

(Enacted 1988)
_________________________________________________________________________________
Note:
* Appointed day : 5 March 1993-see L.N. 75 of 1993

Section: 20A Commutation of pensions payable under section 20 26 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 26 of 1999 s. 3


(1) A person to whom a pension is payable under section 20 may within 3 months after the commencement of
the payment of the pension or such longer period as the Secretary for the Civil Service may approve apply in writing
to the Secretary to commute the pension into a lump sum.

(2) A lump sum referred to in subsection (1) shall be computed in accordance with an actuarial table prepared
from time to time by an actuary appointed by the Chief Executive. (Amended 26 of 1999 s. 3)

(3) Where an application is made under subsection (1) in respect of a deceased officer, any pension granted in
respect of him before the computation of the lump sum shall be deducted from the lump sum.

(4) A lump sum referred to in subsection (1) may for the purposes of payment be divided into such number of
parts as the Secretary for the Civil Service may think fit.

(Added 3 of 1993 s. 64)

Section: 21 Death gratuity or ex gratia payment 79 of 1995; 26 of

1999
01/07/1997



Remarks:
Adaptation amendments retroactively made - see 26 of 1999 s. 3


(1) Where an officer-
(a) who has completed not less than 2 years' qualifying service, dies other than as specified in paragraph

(b); or
(b) irrespective of the length of the period of his qualifying service, dies as a result of injuries received-

(i) in the actual discharge of his duty;
(ii) not due to his own serious and wilful misconduct; and (Replaced 3 of 1993 s. 65)
(iii) on account of circumstances specifically attributable to the nature of his duty,

while in service under the Government, there shall be paid a death gratuity of an amount calculated in accordance with
subsection (2).

(2) A death gratuity payable under subsection (1) in respect of the death of an officer shall be an amount not
exceeding the greater of-

(a) his annual pensionable emoluments; or
(b) the commuted pension gratuity which he would have received had he retired at the date of his death

and exercised an option for reduction of his pension by 50% under section 26(1).
(3) In computing a commuted pension gratuity for the purposes of subsection (2), the officer's service shall be

deemed to include any period of untaken vacation leave for which an ex gratia payment corresponding to the salary for
that period has been granted.

(3A) Where an officer who is not on agreement and has completed less than 2 years' qualifying service dies
while in service under the Government other than as specified in subsection (1)(b), there shall be paid an ex gratia
payment of an amount equal to-

(a) where the officer has completed less than 1 year's qualifying service, one fourth of his annual



Cap 401 - PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE 13

pensionable emoluments; or
(b) where the officer has completed not less than 1 year's qualifying service, half of his annual pensionable

emoluments. (Added 3 of 1993 s. 65)
(4) Where a pensioner, other than a person referred to in subsection (5), dies after retirement from service

under the Government, there shall be paid a death gratuity of an amount equal to the greater of-
(a) his annual pensionable emoluments; or
(b) the commuted pension gratuity which he would have received had he exercised an option on his

retirement for reduction of his pension by 50% under section 26(1),
less any pension benefits already paid or payable to him but excluding any additional pension granted under section
15(1).

(5) Where an officer, who has been granted a deferred pension-
(a) dies before a deferred pension is paid to him, there shall be paid a death gratuity of an amount not

exceeding the maximum commuted pension gratuity which he would have received had he retired at
the date of his retirement under section 7(1)(da), (e) or (f), or his resignation under section 7(1)(j), as
the case may be, and exercised an option for reduction of his pension by 50% under section 26(1), plus
any authorized increase; or (Amended 79 of 1995 s. 50)

(b) dies after a deferred pension is paid to him, there shall be paid a death gratuity of an amount equal to
the maximum commuted pension gratuity which he would have received had he exercised an option
for reduction of his pension by 50% under section 26(1) plus any authorized increase on it up to the
time when the deferred pension was paid to him for the first time, less any pension benefits already
paid or payable to him and any authorized increase on it up to the time when the deferred pension was
paid to him for the first time, but excluding any additional pension granted under section 15(1).

(6) Subject to subsections (7) and (8), in the case of an officer, other than an officer referred to in subsection
(5), who dies in the circumstances described in subsection (1) and whose period of qualifying service is-

(a) not less than 5 nor more than 22 1/2 years; or
(b) more than 22 1/2 years but whose pensionable service is less than 22 1/2 years,

the pensionable service which may be taken into account for the computation of death gratuity shall be calculated by
deeming his pensionable service to be the lesser of-

(i) twice the period of pensionable service, including any deemed increase under section 25, that would
have been taken into account for the computation of his pension benefits had he retired on the day he
died (subject to a maximum of 22 1/2 years); or

(ii) the period of pensionable service, including any deemed increase under section 25, that would have
been taken into account for the computation of his pension benefits had he retired on reaching the
normal retirement age.

(7) Subsection (6) shall apply in the case of an officer who is eligible for, or is granted, a pension, and who is
re-appointed to service under the Government, irrespective of the length of qualifying service completed during the re-
appointment.

(8) In the case of an officer to whom subsection (7) applies, the deemed increase of pensionable service under
subsection (6) in respect of the final period of service of the officer shall not exceed the lesser of-

(a) the deemed increase of pensionable service for which the officer would have been eligible under
subsection (6) had his total period of service been continuous; or

(b) the actual period of his service after his re-appointment,
and an officer who has been granted a deemed increase of pensionable service under regulation 18 of the Pension
Benefits Regulations (Cap 99 sub. leg.) or regulation 19A or 26(9) of the Pensions Regulations (Cap 89 sub. leg.), or
both of those regulations, in respect of his previous period of service shall only be eligible for a further deemed
increase of pensionable service under this section for any subsequent period of service to the extent that the total of
these deemed increases of pensionable service does not exceed the maximum deemed increase of pensionable service
specified in subsection (6).

(9) In respect of an officer who has more than one period of continuous pensionable service, there shall be paid
a death gratuity in respect of each period of continuous pensionable service under this section; but the total sum of the
death gratuities payable in respect of more than one period of continuous pensionable service shall not exceed the sum
of the death gratuity that would have been payable had the officer's whole period of pensionable service been
continuous and had his highest pensionable emoluments or notional highest pensionable emoluments, whichever is the
greater, been taken for the calculation of the death gratuity, less any pension benefits already paid or payable to him
but excluding any additional pension granted under section 15(1).



Cap 401 - PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE 14

(10) A death gratuity or ex gratia payment shall be paid as soon as possible after the death of the officer or
pensioner to-

(aa) where he had made a nomination under subsection (10A), his surviving spouse; (Added 98 of 1994 s.
13)

(a) where he had not made a nomination under subsection (10A), his legal personal representative and
shall form part of the estate of the officer or pensioner for the purposes of distribution but no estate
duty is payable in respect of the death gratuity or ex gratia payment and its addition to the principal
value of the estate shall not be taken into consideration for the purpose of increasing the rate at which
estate duty on the remainder of the estate may be payable; or

(b) where the death gratuity or ex gratia payment does not exceed an amount determined by the Chief
Executive, a person named by the Chief Executive to be the recipient. (Amended 3 of 1993 s. 65; 26
of 1999 s. 3)

(10A) An officer may by a notice in writing to the Secretary for the Civil Service nominate his spouse to be the
recipient of the death gratuity or ex gratia payment payable under this section in respect of his death. (Added 3 of
1993 s. 65)

(10B) An officer who makes a nomination under subsection (10A) may at any time revoke the nomination by a
notice in writing to the Secretary for the Civil Service. (Added 3 of 1993 s. 65)

(11) This section does not apply in the case of a death of an officer or pensioner where benefits corresponding to
a death gratuity are paid or payable under the Oversea Superannuation Scheme in respect of the death.

(Enacted 1988)

Section: 22 Maximum pension 30/06/1997


(1) Except in cases referred to in subsection (2), a pension (or in the case of more than one pension, the total of
the pensions, including any pension or pensions granted under the Pensions Ordinance (Cap 89) and the Pension
Benefits Ordinance (Cap 99)) granted to an officer shall not exceed two-thirds of the greater of-

(a) the highest pensionable emoluments enjoyed or drawn by him; or
(b) the notional highest pensionable emoluments deemed to have been enjoyed or drawn by him in the

course of his service.
(2) An additional pension granted to an officer under section 15(1) of this Ordinance or of the Pension Benefits

Ordinance (Cap 99), or an additional pension granted to him under regulation 31 of the Pensions Regulations (Cap 89
sub. leg. A), in respect of injury shall not be taken into account for the purpose of subsection (1); but, where the
officer is granted any or all of those additional pensions, the amount of each of them together with any authorized
increase on the additional pension from the date of injury to the date when the additional pension is paid for the first
time, and any other pension or pensions granted to him shall not exceed five-sixths of the greater of-

(a) the highest pensionable emoluments enjoyed or drawn by him; or
(b) the notional highest pensionable emoluments deemed to have been enjoyed or drawn by him in the

course of his service.
(3) An officer who is granted a pension in respect of other public service shall not at any time draw from the

general revenue an amount of pension in respect of service under the Government which, when added to the amount
of any pension granted in respect of other public service, exceeds two-thirds of the greater of-

(a) the highest pensionable emoluments enjoyed or drawn by him; or
(b) the notional highest pensionable emoluments deemed to have been enjoyed or drawn by him in the

course of his service,
but where an officer is granted in respect of a period of his service under the Government or in other public service
both a gratuity and a pension, the amount of the pension shall be deemed for the purposes of this subsection to be-

(i) where the option to commute any part of a pension in return for the payment of a commuted pension
gratuity has been exercised, the amount of pension if that option had not been exercised; or

(ii) in all other cases, four-thirds of its actual amount.
(4) For the purposes of subsections (1), (2) and (3), the highest pensionable emoluments enjoyed or drawn by

an officer or the notional highest pensionable emoluments deemed to have been enjoyed or drawn by him shall be
determined in accordance with regulation 16.

(Enacted 1988)




Cap 401 - PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE 15

Section: 23 Pensionable emoluments 26 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 26 of 1999 s. 3


(1) Except as otherwise provided in this Ordinance and the regulations- (Amended 4 of 1993 s. 35)
(a) in the case of an officer to whom section 3(1)(b), (c) or (d) applies (where 100% of his substantive

salary and personal allowance was to be taken as pensionable emoluments under the Pensions
Ordinance (Cap 89) or the Pension Benefits Ordinance (Cap 99)), and in the case of an officer to
whom section 3(1)(a) applies, 100% of his salary and personal allowance shall be taken as his
pensionable emoluments, but not any other emoluments;

(b) in the case of an officer to whom section 3(1)(b) applies and whose application under section 9(7) is
approved-
(i) in respect of his service prior to the material date-

(A) 90% of his salary; and
(B) 100% of his personal allowance,

shall be taken as his pensionable emoluments, but not any other emoluments; and
(ii) in respect of his service after the material date, 100% of his salary and personal allowance shall

be taken as his pensionable emoluments, but not any other emoluments,
and for the purposes of this paragraph, "material date" (關鍵日期) means a date to be determined in
accordance with the terms of a Circular issued under and for the purposes of this paragraph by the
Chief Justice;

(c) in the case of an officer to whom section 3(1)(b) applies (other than an officer in respect of whom
100% of his substantive salary and personal allowance was to be taken as pensionable emoluments
under the Pensions Ordinance (Cap 89) or the Pension Benefits Ordinance (Cap 99)) and who has not
applied under section 9(7) or whose application under section 9(7) is rejected-
(i) 90% of his salary; and
(ii) 100% of his personal allowance,
shall be taken as his pensionable emoluments, but not any other emoluments;

(d) in the case of an officer to whom section 3(1)(c) or (d) applies (other than an officer in respect of
whom 100% of his substantive salary and personal allowance was to be taken as pensionable
emoluments under the Pensions Ordinance (Cap 89) or the Pension Benefits Ordinance (Cap 99))-
(i) 90% of his salary; and
(ii) 100% of his personal allowance,
shall be taken as his pensionable emoluments, but not any other emoluments; and

(e) in the case of an officer while serving in other public service, the emoluments which are pensionable
emoluments in accordance with the law or regulations in force in that service shall be taken as his
pensionable emoluments.

(2) Where the Chief Executive considers that it is appropriate to do so, he may direct that any allowance
received by an officer in respect of an acting appointment shall be taken as pensionable emoluments. (Added 4 of
1993 s. 35. Amended 26 of 1999 s. 3)

(Enacted 1988)

Section: 24 Computation and grant of pension benefits 30/06/1997


(1) Pension benefits granted to an officer, or to his dependants, shall be computed-
(a) except in the case of a deferred pension, in accordance with the provisions relating to the officer which

are in force at the date of his retirement, death or injury, as the case may be;
(b) in the case of a deferred pension, in accordance with the provisions which are in force at the date when

the officer leaves the service.
(2) Subject to section 22, a separate pension shall be computed and granted in respect of each period of

continuous service of an officer in the public service.
(Enacted 1988)





Cap 401 - PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE 16

Section: 25 Deemed increase in pensionable service 30/06/1997


An officer's pensionable service shall be deemed to be increased by one month for each completed month of
pensionable service in a judicial office that is both after age 50 and after 1 July 1987.

(Enacted 1988)

Section: 26 Commuted pension gratuity and reduced pension 26 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 26 of 1999 s. 3


(1) Subject to subsections (5) and (8), an officer to whom a pension is to be granted under this Ordinance, other
than a pension under section 14 and an additional pension under section 15, shall, if he has exercised his option in
accordance with subsections (2) and (3) of this section, be paid, in lieu of that pension or aggregate of the pensions, a
reduced pension at the rate of 50, 55, 60, 65, 70, 75, 80, 85, 90 or 95% of the pension, or a similar percentage of the
aggregate of the pensions, according to the option exercised, together with a commuted pension gratuity equal to 14
times the amount of the reduction so made in the annual pension or aggregate annual pensions.

(2) The option referred to in subsection (1) shall be exercised, and if it has been exercised may be revoked, not
later than the day immediately preceding the date of the officer's retirement or, in the case of a deferred pension, not
later than the date immediately preceding the date on which the officer attains the age when the deferred pension is
payable under section 8(1)(a); but the Chief Executive may, if it appears to him equitable in all the circumstances so to
do, allow an officer in any particular case to exercise the option, or revoke an option previously exercised, at any time
between that date and the actual date when the pension or aggregate pensions is payable for the first time. (Amended
26 of 1999 s. 3)

(3) The option referred to in subsection (1) shall-
(a) be in writing addressed to the Director of Accounting Services; and
(b) state the rate of the reduced pension, in accordance with that subsection, in the annual pension or

aggregate of the annual pension,
and the date of the exercise of the option shall be deemed to be the date on which the Director of Accounting Services
receives the option.

(4) Except as may be provided under subsection (2), an option exercised under that subsection is irrevocable.
(5) An officer who dies before exercising an option under subsection (1) but after he has retired shall be

deemed to have exercised the option to reduce his pension or aggregate pensions by 50% and the commuted pension
gratuity and reduced pension shall be paid in accordance with subsection (1).

(6) Subject to subsections (7) and (8), a commuted pension gratuity is payable-
(a) in case the relevant pension is a deferred pension, when that pension is payable under section 8 for the

first time;
(b) in case a direction is given by the Chief Executive under section 7(2) in relation to the relevant

pension, when that pension would be payable for the first time if it were a deferred pension;
(Amended 26 of 1999 s. 3)

(c) in any other case, when the relevant reduced pension is payable under this Ordinance for the first time.
(7) Where the Chief Executive directs that a particular commuted pension gratuity shall be payable on a date

that is earlier than the day on which the gratuity would otherwise be payable under subsection (6), that commuted
pension gratuity is payable on the specified date. (Amended 26 of 1999 s. 3)

(8) Where an officer retires in accordance with a compensation scheme, the reduced pension and the commuted
pension gratuity shall be computed, and is payable, in accordance with the compensation scheme applicable to the
officer.

(Enacted 1988)

Section: 27 (Repealed 3 of 1993 s. 66) 30/06/1997




Section: 28 Suspension of pension on re-appointment to the service 26 of 1999 01/07/1997


Remarks:



Cap 401 - PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE 17

Adaptation amendments retroactively made - see 26 of 1999 s. 3


(1) If an officer who is eligible for a pension or to whom a pension has been granted is re-appointed to the
public service, or appointed to service in any subvented organization which is determined to be public service for the
purposes of this section by the Chief Executive by notice in the Gazette, the payment of the pension may be suspended
during the period of his service after his re-appointment or appointment, as the case may be. (Amended 26 of 1999 s.
3)

(2) A pension that is suspended under subsection (1) is payable with effect from the date on which the service
of the officer after his re-appointment or appointment ceases.

(Enacted 1988)

Section: 29 Power not to grant, or to cancel or reduce, pension 79 of 1995 01/07/1997


(1) After taking into consideration the advice of the Judicial Officers Recommendation Commission, and
subject to section 32, a designated officer may- (Amended 79 of 1995 s. 50)

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

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

(2) After taking into consideration the advice of the Judicial Officers Recommendation Commission and
subject to section 32, a designated officer may- (Amended 79 of 1995 s. 50)

(a) refuse to grant a pension; or
(b) cancel or reduce a pension granted,

to an officer to whom section 7(1)(a), (b), (k) or (j) applies, if it is shown to the designated officer that-
(i) the officer retired during any disciplinary proceedings brought against him, or resigned from the

service to avoid disciplinary proceedings; and
(ii) had the proceedings been completed or taken place they would in the opinion of the Judicial Officers

Recommendation Commission have led to the dismissal of the officer from the service or compulsory
retirement in the exercise of disciplinary powers of punishment with a reduction of the pension
benefits granted to him. (Amended 79 of 1995 s. 50)

(3) A cancellation or reduction of pension under subsection (1)(b) or (2)(b) shall be effective as from a date the
designated officer shall determine, and in the case of a reduction of pension the reduction shall be by an amount, not
exceeding 25% of the pension, as the designated officer shall determine.

(4) Where a designated officer refuses to grant a pension to a person or officer, a pension shall not be granted
to the person or officer.

(Enacted 1988)

Section: 30 Pension to cease on bankruptcy 26 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 26 of 1999 s. 3


(1) If a person to whom a pension has been granted is adjudicated bankrupt or is declared insolvent by
judgment of a court, subject to subsection (5), payment of the pension shall cease as from the date on which he is so
adjudicated.

(2) If a person is adjudicated bankrupt or declared insolvent-
(a) after retirement in circumstances in which he is eligible for pension but before the pension is granted,

any pension eventually granted to him shall cease as from the date of adjudication or declaration, as
the case may be; or

(b) before his retirement, and he has not obtained his discharge from bankruptcy or insolvency at the date
of his retirement, a pension may be granted to him, but, subject to subsection (5), payment of the
pension shall forthwith cease.

(3) Where a pension ceases under subsection (1) or (2), the Chief Executive may, from time to time during the



Cap 401 - PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE 18

remainder of the person's life, or during such shorter period or periods, either continuous or discontinuous, as the
Chief Executive thinks fit, direct that ex gratia payment of all or any part of the money to which the person would
have been entitled by way of pension had he not been adjudicated bankrupt or declared insolvent be paid to, or applied
for the maintenance or benefit of all or any, to the exclusion of the other or others, of the following, that is to say, the
person and any spouse, child or children of the person, or other of his dependants that the Chief Executive may
determine, in proportions and manner that the Chief Executive thinks fit, and the money shall be paid or applied
accordingly. (Amended 26 of 1999 s. 3)

(4) Money applied for the discharge of the debts of the person whose pension has ceased under subsection (1)
or (2) shall, for the purposes of this section, be regarded as applied for his benefit.

(5) Where, by virtue of subsection (1) or (2), payment to a person of a pension granted to him is not being
made and the person obtains his discharge from bankruptcy or insolvency, as the case may be, payment of the pension
shall be restored to him as from the date on which he is so discharged.

(Enacted 1988)

Section: 31 Pension benefits may be cancelled, suspended or reduced

on conviction, etc.
26 of 1999 01/07/1997



Remarks:
Adaptation amendments retroactively made - see 26 of 1999 s. 3


(1) Where an officer to whom a pension has been granted-
(a) is convicted of an offence in connection with public service under the Government, and that offence is

certified by the Chief Executive to have been gravely injurious to Hong Kong or to be liable to lead to
serious loss of confidence in the public service; (Amended 26 of 1999 s. 3)

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

(c) is convicted of treason under section 2 of the Crimes Ordinance (Cap 200),
the pension may be cancelled, suspended or reduced.

(2) If after the retirement of an officer in circumstances in which he is eligible for pension benefits but before
the pension benefits are granted he is convicted as specified in subsection (1), and sentenced, any pension benefits
eventually granted to him may be cancelled, suspended or reduced.

(3) Where an officer is compulsorily retired in the exercise of disciplinary powers following a conviction of
any offence referred to in subsection (1), the deferred pension which may be granted to him may be cancelled,
suspended or reduced, or he may not be granted a deferred pension.

(4) For the purposes of subsections (1), (2) and (3), a designated officer may, subject to section 32, determine-
(a) whether pension benefits shall be cancelled, suspended or reduced, or shall not be granted, as the case

may be;
(b) the date from which pension benefits shall be cancelled, suspended or reduced; and
(c) in the case of a reduction in pension benefits, the amount of the reduction not exceeding 25% of the

pension benefits.
(Enacted 1988)


Section: 32 Representations to designated officer 26 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 26 of 1999 s. 3


(1) The Chief Executive may appoint an officer to be a designated officer for the purposes of this Ordinance
and the appointment may be made either generally or for the purpose of enabling the officer, should he think fit, to
exercise as regards a particular case specified in the appointment, any of the powers conferred on a designated officer
by this Ordinance. (Amended 26 of 1999 s. 3)

(2) Before a designated officer exercises a power conferred on him by section 29 or 31, he shall by a
communication in writing addressed to the officer or other person concerned inform him that exercise of such a power
in relation to him is being considered and why it is being considered.

(3) The communication shall state that, within a period specified in the communication (being a period ending



Cap 401 - PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE 19

not earlier than 30 days after the date of the communication or a longer period that the designated officer may allow),
the officer or other person to whom it is addressed may make representations to the designated officer as regards the
exercise in relation to him of a power conferred on the designated officer by section 29 or 31.

(4) A person to whom the communication is addressed shall notify in writing the designated officer of his
intention to make representations.

(5) The officer or other person to whom the communication is addressed shall, within the period specified in
the communication (or a longer period that the designated officer may allow), be afforded an opportunity of stating in
writing, or having so stated on his behalf, why any of the powers conferred by section 29 or 31 should not be
exercised in relation to him.

(6) Where-
(a) a communication referred to in subsection (2) is issued;
(b) the period specified in the communication has expired;
(c) a notification referred to in subsection (4) is not received by the designated officer from the person to

whom the communication is addressed; and
(d) an application to extend the period specified in the communication is not received, or where an

application to extend is received but is disallowed,
notwithstanding the absence of representations referred to in subsection (3), the designated officer may exercise in
relation to the person a power conferred on the designated officer by section 29 or 31.

(7) A designated officer shall not exercise a power conferred on him by section 29 or 31 without having had
regard to the submission (if any) made to him by or on behalf of the officer or other person concerned pursuant to this
section.

(8) Where a designated officer exercises a power conferred on him by section 29 or 31, he shall forthwith
notify in writing the officer or other person concerned.

(Enacted 1988)

Section: 33 Petition to Chief Executive 26 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 26 of 1999 s. 3


(1) A person who is aggrieved by a decision of a designated officer made in the exercise of a power under
section 29 or 31 may, within the period of 30 days beginning on the date of the notification of the decision, or a longer
period that the Chief Executive may permit, petition the Chief Executive against the decision.

(2) Where the Chief Executive receives a petition under subsection (1), he may, by a letter addressed to a
member of the Panel established by section 29B of the Pension Benefits Ordinance (Cap 99), require the Panel to
consider and report to him on the petition, and where the Chief Executive does so-

(a) the Panel shall comply with the requirement; and
(b) before he determines the petition, the Chief Executive shall have regard to the report of the Panel.

(3) In determining a petition under subsection (2) the Chief Executive may, as he thinks fit, confirm, vary or
reverse the decision to which the petition relates.

(4) Where pension benefits are cancelled or suspended in accordance with section 31, the Chief Executive may
direct that all or any part of the money to which the officer or other person concerned would have been entitled by
way of pension benefits had he not been convicted or retired be paid or applied in the same manner and in all respects
as provided for in section 30(3), and when the Chief Executive so directs, the money to which the direction relates
shall be paid or applied in accordance with the direction.

(5) Where a person whose pension benefits have been cancelled, suspended or reduced, in accordance with
section 31, receives a free pardon, the pension benefits to which he would have been entitled had he not been
convicted shall be restored to him with retrospective effect as from the date of cancellation, suspension or reduction;
but in determining whether any arrears of the pension benefits are payable to him and in computing the amount of the
benefits account shall be taken of all money paid or applied under subsection (4) or, where pension benefits have been
reduced, paid as reduced pension benefits.

(6) Where a person whose pension benefits have been cancelled, suspended or reduced, in accordance with
section 31, has served a sentence of imprisonment imposed on conviction, the Chief Executive may direct that the
pension benefits to which he would have been entitled had he not been convicted shall be restored to him as from the
date on which he completes serving the sentence of imprisonment or any later date as the Chief Executive shall



Cap 401 - PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE 20

specify in the direction, and where the Chief Executive so directs, the pension benefits to which the direction relates
shall be restored in accordance with the direction.

(7) Where a designated officer exercises a power conferred on him by section 29 or 31, the relevant
cancellation, suspension or reduction, as the case may be, shall not come into operation-

(a) in case no petition is brought under subsection (1), until the time for bringing the petition has expired;
or

(b) in case a petition is brought, before the petition is either determined or withdrawn.
(Amended 26 of 1999 s. 3)

(Enacted 1988)

Section: 34 Pension may be suspended on certain post-retirement

employment
26 of 1999 01/07/1997



Remarks:
Adaptation amendments retroactively made - see 26 of 1999 s. 3


(1) The Chief Executive may direct that a pension granted to a person shall be suspended as from a date the
Chief Executive shall specify if the person has, within 2 years after his retirement and without the prior permission in
writing of the Chief Executive-

(a) entered business on his own account;
(b) become a partner in a partnership;
(c) become a director of a company; or
(d) become an employee,

if the principal part of the business or the business of the partnership or company or of his employment is, in the
opinion of the Chief Executive, carried on in Hong Kong, and the Chief Justice shall forthwith notify in writing the
person concerned of the direction.

(2) The Chief Executive may specify a period of more than 2 years for the purposes of subsection (1) where he
thinks fit, and the Chief Justice shall forthwith notify in writing the person concerned of the specified period.

(3) A person who is aggrieved by a direction under subsection (1) or a specification under subsection (2) may,
within 30 days after the notification to him of the direction or specification or a longer period that the Chief Executive
may in any particular case permit, petition the Chief Executive against the direction or specification and the Chief
Executive may confirm, vary or reverse the direction or specification as he thinks fit.

(4) Where a person whose pension has been suspended under subsection (1) ceases to be engaged in any of the
capacities specified in that subsection, the Chief Executive may, if he is satisfied that the person has so ceased to be
engaged, direct that the pension shall be restored to him with retrospective effect as from the date of cessation of the
engagement or any later date the Chief Executive may specify, and the pension shall be restored accordingly.

(Amended 26 of 1999 s. 3)
(Enacted 1988)


Section: 35 Pension benefits not assignable 30/06/1997


(1) Except as otherwise provided by the Public Officers (Assignment of Emoluments) Ordinance (Cap 363),
pension benefits granted to an officer are not assignable or transferable except for the purpose of-

(a) satisfying, either in whole or in part, a debt due to the Government; or
(b) satisfying an order of a court for the payment of money towards the maintenance of the spouse or

former spouse or minor child of the officer,
and pension benefits are not liable to be attached, sequestered or levied on for or in respect of any claim or debt other
than a debt due to the Government.

(2) Where a person to whom pension benefits are granted owes a debt to the Government, subject to subsection
(3), the Director of Accounting Services may apply those benefits, either in whole or in part, for the satisfaction or
partial satisfaction of the debt.

(3) Where-
(a) a person owes a debt to the Government arising otherwise than on account of tax payable under the

Inland Revenue Ordinance (Cap 112); and
(b) the person has not consented to the exercise, in relation to pension benefits granted to him, of the



Cap 401 - PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE 21

power conferred on the Director of Accounting Services under subsection (2),
the amount applied in satisfaction of the debt shall not, as regards a particular pension benefit, exceed 25% of the
pension benefit.

(4) In this section "pension benefits" (退休金利益) includes an increase in the benefits under section 4 of the
Pensions (Increase) Ordinance (Cap 305).

(Enacted 1988)

Section: 36 Grant of short service gratuity 30/06/1997


(1) If a pension cannot be granted to an officer whose service under the Government is less than the qualifying
service specified in section 7 or 12, he shall be granted, on retirement from the public service, a short service gratuity
at the prescribed rate in respect of his service.

(2) Short service gratuity granted to an officer is payable to him as soon as possible after retirement.
(Enacted 1988)


Section: 37 Chief Executive's power to exempt or modify 26 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 26 of 1999 s. 3


(1) The Chief Executive may exempt an officer and his dependants from the application of any provision of
this Ordinance and the regulations in any particular case, or may modify the application of any provision in any such
case in the manner specified by him, where in his opinion inequity results from the application of the provision; but an
exemption or modification shall not be detrimental to the officer or his dependants and shall be in keeping with the
spirit of this Ordinance. (Amended 26 of 1999 s. 3)

(2) No exemption or modification shall be made under subsection (1) unless a draft of it has been laid before
and approved by resolution of the Legislative Council, and section 34 of the Interpretation and General Clauses
Ordinance (Cap 1) does not apply in relation to the exemption or modification.

(Enacted 1988)

Section: 38 Regulations 26 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 26 of 1999 s. 3


(1) The Chief Executive in Council may make regulations providing for-
(a) the grant of pension benefits to persons who are transferred to or from service under the Government

from or to other public service;
(b) the factor for the computation of pension on retirement and such factor may apply to service before 1

July 1987;
(c) the computation of qualifying service and pensionable service;
(d) the service which may be taken into account as qualifying service or pensionable service, which may

include qualifying service or pensionable service prior to 1 July 1987, and for deeming an increase in
pensionable service in certain circumstances;

(e) the emoluments which may be taken into account for computing pension benefits;
(f) the determination of highest pensionable emoluments; and
(g) the better carrying out of the purpose and provisions of this Ordinance.

(2) Subject to subsection (3), where the Chief Executive in Council is satisfied that it is equitable that any
regulation made under subsection (1) should have retrospective effect in order to confer a benefit upon or remove a
disability attaching to any person, the Chief Executive in Council may by notice in the Gazette declare that the
regulation has retrospective effect for that purpose.

(3) No declaration shall be made under subsection (2) unless a draft of it has been laid before and approved by
resolution of the Legislative Council, and section 34 of the Interpretation and General Clauses Ordinance (Cap 1) does
not apply in relation to the declaration.

(Amended 26 of 1999 s. 3)



Cap 401 - PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE 22

(Enacted 1988)

Section: 39 Transitional L.N. 245 of 2000 01/08/2000


Nothing in the Employees' Compensation (Amendment) (No. 2) Ordinance 2000 (52 of 2000) ("the amending
Ordinance") shall apply to claims for compensation in respect of accidents occurring before the commencement* of
the amending Ordinance, and the provisions in force immediately before the commencement* of the amending
Ordinance shall continue to apply to such claims as if they had not been amended by the amending Ordinance.

(Added 52 of 2000 s. 44)
_________________________________________________________________________________
Note:
* Commencement date: 1.8.2000.

Related Laws