【 标 题 】第94章 孤寡抚恤金条例
Cap 94 WIDOWS AND ORPHANS PENSION ORDINANCE
 

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Cap 94 Long title

To provide for the pensions of widows and orphans, and to consolidate the laws in relation thereto.

(Amended 2 of 1931 s. 5)

[31 December 1908]

(Originally 15 of 1908 (Cap 94, 1950))

Cap 94 s 1 Short title

This Ordinance may be cited as the Widows and Orphans Pension Ordinance.

(Amended 50 of 1911; 12 of 1912 Schedule; 5 of 1924 s. 6)

Cap 94 s 2 Interpretation

(1) In this Ordinance, unless the context otherwise requires-
"child" (子女) includes an illegitimate child and a child adopted under and in accordance with the provisions of the Adoption Ordinance (Cap 290), or in such other manner as is referred to in section 17 or 20F of that Ordinance; (Replaced 3 of 1993 s. 35. Amended 28 of 2004 s. 35)
"directors" (委员) means such persons as may be appointed by the Chief Executive to carry out the provisions of this Ordinance; (Amended 50 of 1911; 12 of 1912 Schedule; 63 of 1999 s. 3)
"officer who has elected" (已作出选择的人员) has the meaning assigned to it by subsection (1) of section 2 of the Pensions Ordinance (Cap 89); (Added 6 of 1967 s. 2)
"orphan" (孤儿) means the child of a deceased officer; (Amended 51 of 1911; 13 of 1912 Schedule; 33 of 1939 Schedule)
"pension" (抚恤金) means any pension granted under this Ordinance, except where the context implies that the pension of the contributor himself is referred to;
"pensioner" (领取抚恤金者) means any person entitled to a pension under this Ordinance, except where the context implies that the contributor himself is referred to;
"wife" (妻子) means the lawful wife of any officer married to him by a Christian marriage or its civil equivalent, or in the case of Chinese the kit fat or tin fong, or in the case of any other Asiatic nation, the principal wife; and "widow" (遗孀) shall be construed accordingly. (Replaced 33 of 1939 Schedule) (Amended 50 of 1911; 12 of 1912 Schedule; 5 of 1924 s. 36; 2 of 1931 s. 5; 33 of 1939 Schedule)(2)-(4) (Repealed 3 of 1993 s. 35)
(5) The child of an officer who is or has been adopted by any other person under and in accordance with the provisions of the Adoption Ordinance (Cap 290) (other than section 5(1)(c) of that Ordinance), or in such other manner as is referred to in section 17 or 20F of that Ordinance,- (Amended 28 of 2004 s. 35)(a) in the lifetime of the officer, or while a pension is or was then being paid under this Ordinance to the mother of that child, shall be deemed, for the purposes of this Ordinance, to have died at the date of the adoption unless, at the date of enactment of the Widows and Orphans Pension (Amendment) (No. 2) Ordinance 1967 (72 of 1967), such child was being paid a pension or a share of a pension under this Ordinance, in which case such child shall continue to be paid such pension or such share;
(b) after the death of the officer shall, if he is being paid a pension or a share of a pension under this Ordinance, continue to be paid such pension or such share. (Added 72 of 1967 s. 2)

Cap 94 s 2 Interpretation

(1) In this Ordinance, unless the context otherwise requires-
"child" (子女) includes an illegitimate child and a child adopted under and in accordance with the provisions of the Adoption Ordinance (Cap 290), or in such other manner as is referred to in section 17 or 20F of that Ordinance; (Replaced 3 of 1993 s. 35. Amended 28 of 2004 s. 35)
"directors" (委员) means such persons as may be appointed by the Chief Executive to carry out the provisions of this Ordinance; (Amended 50 of 1911; 12 of 1912 Schedule; 63 of 1999 s. 3)
"officer who has elected" (已作出选择的人员) has the meaning assigned to it by subsection (1) of section 2 of the Pensions Ordinance (Cap 89); (Added 6 of 1967 s. 2)
"orphan" (孤儿) means the child of a deceased officer; (Amended 51 of 1911; 13 of 1912 Schedule; 33 of 1939 Schedule)
"pension" (抚恤金) means any pension granted under this Ordinance, except where the context implies that the pension of the contributor himself is referred to;
"pensioner" (领取抚恤金者) means any person entitled to a pension under this Ordinance, except where the context implies that the contributor himself is referred to;
"wife" (妻子) means the lawful wife of any officer married to him by a Christian marriage or its civil equivalent, or in the case of Chinese the kit fat or tin fong, or in the case of any other Asiatic nation, the principal wife; and "widow" (遗孀) shall be construed accordingly. (Replaced 33 of 1939 Schedule) (Amended 50 of 1911; 12 of 1912 Schedule; 5 of 1924 s. 36; 2 of 1931 s. 5; 33 of 1939 Schedule)(2)-(4) (Repealed 3 of 1993 s. 35)
(5) The child of an officer who is or has been adopted by any other person under and in accordance with the provisions of the Adoption Ordinance (Cap 290) (other than section 5(1)(c) of that Ordinance), or in such other manner as is referred to in section 17 or 20F of that Ordinance,- (Amended 28 of 2004 s. 35)(a) in the lifetime of the officer, or while a pension is or was then being paid under this Ordinance to the mother of that child, shall be deemed, for the purposes of this Ordinance, to have died at the date of the adoption unless, at the date of enactment of the Widows and Orphans Pension (Amendment) (No. 2) Ordinance 1967 (72 of 1967), such child was being paid a pension or a share of a pension under this Ordinance, in which case such child shall continue to be paid such pension or such share;
(b) after the death of the officer shall, if he is being paid a pension or a share of a pension under this Ordinance, continue to be paid such pension or such share. (Added 72 of 1967 s. 2)

Cap 94 s 2 Interpretation

(1) In this Ordinance, unless the context otherwise requires-
"child" (子女) includes an illegitimate child and a child adopted under and in accordance with the provisions of the Adoption Ordinance (Cap 290), or in such other manner as is referred to in section 17 or 20F of that Ordinance; (Replaced 3 of 1993 s. 35. Amended 28 of 2004 s. 35)
"directors" (委员) means such persons as may be appointed by the Chief Executive to carry out the provisions of this Ordinance; (Amended 50 of 1911; 12 of 1912 Schedule; 63 of 1999 s. 3)
"officer who has elected" (已作出选择的人员) has the meaning assigned to it by subsection (1) of section 2 of the Pensions Ordinance (Cap 89); (Added 6 of 1967 s. 2)
"orphan" (孤儿) means the child of a deceased officer; (Amended 51 of 1911; 13 of 1912 Schedule; 33 of 1939 Schedule)
"pension" (抚恤金) means any pension granted under this Ordinance, except where the context implies that the pension of the contributor himself is referred to;
"pensioner" (领取抚恤金者) means any person entitled to a pension under this Ordinance, except where the context implies that the contributor himself is referred to;
"wife" (妻子) means the lawful wife of any officer married to him by a Christian marriage or its civil equivalent, or in the case of Chinese the kit fat or tin fong, or in the case of any other Asiatic nation, the principal wife; and "widow" (遗孀) shall be construed accordingly. (Replaced 33 of 1939 Schedule) (Amended 50 of 1911; 12 of 1912 Schedule; 5 of 1924 s. 36; 2 of 1931 s. 5; 33 of 1939 Schedule)(2)-(4) (Repealed 3 of 1993 s. 35)
(5) The child of an officer who is or has been adopted by any other person under and in accordance with the provisions of the Adoption Ordinance (Cap 290) (other than section 5(1)(c) of that Ordinance), or in such other manner as is referred to in section 17 or 20F of that Ordinance,- (Amended 28 of 2004 s. 35)(a) in the lifetime of the officer, or while a pension is or was then being paid under this Ordinance to the mother of that child, shall be deemed, for the purposes of this Ordinance, to have died at the date of the adoption unless, at the date of enactment of the Widows and Orphans Pension (Amendment) (No. 2) Ordinance 1967 (72 of 1967), such child was being paid a pension or a share of a pension under this Ordinance, in which case such child shall continue to be paid such pension or such share;
(b) after the death of the officer shall, if he is being paid a pension or a share of a pension under this Ordinance, continue to be paid such pension or such share. (Added 72 of 1967 s. 2)

Cap 94 s 2A Salary

(1) Subject to subsection (4) and save as otherwise provided, the salary of an officer shall be determined for the purposes of this Ordinance in accordance with the provisions of this section. (Amended 36 of 1987 s. 39)
(2) Salary-(a) in respect of service prior to the 1st day of July 1959; and
(b) in respect of service after the 30th day of June 1959 for which an officer continued to be in receipt of a salary on a scale applicable prior to the 1st day of July 1959,means the aggregate of-(i) the salary of an officer"s substantive appointment or appointments, including personal allowances in the nature of salary; and
(ii) fifty per cent of expatriation pay and personal allowances in place of expatriation pay, if any.(3) Salary, in respect of service after the 30th day of June 1959 but prior to the 1st day of April 1965 (other than service for which an officer continued to be in receipt of a salary on a scale applicable prior to the 1st day of July 1959), means the aggregate of-(a) ninety per cent of the salary of an officer"s substantive appointment or appointments, including personal allowances in the nature of salary; and
(b) fifty per cent of expatriation pay and personal allowances in place of expatriation pay, if any.(4) Salary, in respect of service after the 31st day of March 1965, means-(a) except in the case of an officer who has elected, the aggregate of-(i) the salary of an officer"s substantive appointment or appointments; and
(ii) expatriation pay and personal allowances in place of expatriation pay, if any; and(b) in the case of an officer who has elected, the aggregate of-(i) ninety percent of the salary of an officer"s substantive appointment or appointments; and
(ii) fifty per cent of expatriation pay and personal allowances in place of expatriation pay, if any. (Added 6 of 1967 s. 3)(5) In the case of an officer who has elected and who has subsequently opted under subsections (1) and (3) of section 8 of the Pension Benefits Ordinance (Cap 99), salary, in respect of his service from the material date which is determined for the purposes of regulation 16(5) of the Pension Benefits Regulations (Cap 99 sub. leg. A), means the aggregate of-(a) the salary of the officer"s substantive appointment or appointments; and
(b) expatriation pay and personal allowances in place of expatriation pay, if any. (Added 36 of 1987 s. 39)(6) In the case of an officer whose application under section 9(2) and (7) of the Pension Benefits (Judicial Officers) Ordinance (Cap 401) is approved, salary, in respect of his service from the material date which is determined for the purposes of regulation 16(5) of the Pension Benefits (Judicial Officers) Regulations (Cap 401 sub. leg. A), means the aggregate of the salary of the officer"s substantive appointment or appointments and personal allowances. (Added 85 of 1988 s. 46)

Cap 94 s 3 Regulations prescribing persons to whom term "officer" applies

Remarks:

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

It shall be lawful for the Chief Executive in Council to make regulations to prescribe the persons to whom the term "officer" in this Ordinance shall apply and to make any such regulation with retrospective effect to any date not being a date earlier than the 1st day of January 1947:
Provided that no such regulation shall take effect unless it has received the prior approval of the Legislative Council signified by resolution.

(Replaced 4 of 1948 s. 2. Amended 63 of 1999 s. 3)

Cap 94 s 3 Regulations prescribing persons to whom term "officer" applies

Remarks:

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

It shall be lawful for the Chief Executive in Council to make regulations to prescribe the persons to whom the term "officer" in this Ordinance shall apply and to make any such regulation with retrospective effect to any date not being a date earlier than the 1st day of January 1947:
Provided that no such regulation shall take effect unless it has received the prior approval of the Legislative Council signified by resolution.

(Replaced 4 of 1948 s. 2. Amended 63 of 1999 s. 3)

Cap 94 s 4 Contributors to other schemes

(1) No officer shall be required to contribute under this Ordinance if, and for so long as, he is contributing to an approved scheme, or if he has completed his contributions to an approved scheme: (Amended 2 of 1931 s. 3)
Provided that this subsection shall have no effect and shall be deemed never to have had effect in relation to an approved scheme which, prior to 1 July 1997, has been declared by the Secretary of State of the United Kingdom to be a List II scheme. (Added 72 of 1967 s. 3. Amended 63 of 1999 s. 3)
(2) For the purposes of this section, an approved scheme means a scheme for the granting of pensions to the widows and children of Government officers, established in a British colony or protectorate or in British India or in any territory in respect of which a mandate is being exercised by the government of any part of a British dominion, which prior to 1 July 1997, is declared by the Secretary of State of the United Kingdom to be an approved scheme for the purposes of this section. (Amended 63 of 1999 s. 3)
(3) Any claim for exemption under this section must be in writing and must reach the Secretary for the Civil Service within three months after the officer commences to draw salary from this Government or such extended period as the Secretary for the Civil Service may in any particular case allow. (Amended 33 of 1939 Schedule; 72 of 1973 s. 2; L.N. 226 of 1976; L.N. 242 of 1994; L.N. 362 of 1997; 10 of 2005 s. 3)
(4) An officer who under this section has obtained exemption from becoming a contributor under this Ordinance may not subsequently become a contributor under this Ordinance unless-(a) he ceases to contribute to the approved scheme; or
(b) he marries; or
(c) he leaves the service of this Government and is subsequently reappointed to it. (Replaced 33 of 1939 Schedule)(5) Nothing in this section shall exempt an officer, who on reappointment to the service of this Government is already a contributor under this Ordinance, from continuing his contributions under this Ordinance. (Replaced 33 of 1939 Schedule)
(6) If an officer obtains exemption under this section, any contributions previously made by him under this Ordinance while his claim for exemption is pending or during either of the periods mentioned in subsection (3) shall be returned to him without interest. (Replaced 33 of 1939 Schedule)

(Added 9 of 1929 s. 4)

Cap 94 s 4 Contributors to other schemes

(1) No officer shall be required to contribute under this Ordinance if, and for so long as, he is contributing to an approved scheme, or if he has completed his contributions to an approved scheme: (Amended 2 of 1931 s. 3)
Provided that this subsection shall have no effect and shall be deemed never to have had effect in relation to an approved scheme which, prior to 1 July 1997, has been declared by the Secretary of State of the United Kingdom to be a List II scheme. (Added 72 of 1967 s. 3. Amended 63 of 1999 s. 3)
(2) For the purposes of this section, an approved scheme means a scheme for the granting of pensions to the widows and children of Government officers, established in a British colony or protectorate or in British India or in any territory in respect of which a mandate is being exercised by the government of any part of a British dominion, which prior to 1 July 1997, is declared by the Secretary of State of the United Kingdom to be an approved scheme for the purposes of this section. (Amended 63 of 1999 s. 3)
(3) Any claim for exemption under this section must be in writing and must reach the Secretary for the Civil Service within three months after the officer commences to draw salary from this Government or such extended period as the Secretary for the Civil Service may in any particular case allow. (Amended 33 of 1939 Schedule; 72 of 1973 s. 2; L.N. 226 of 1976; L.N. 242 of 1994; L.N. 362 of 1997; 10 of 2005 s. 3)
(4) An officer who under this section has obtained exemption from becoming a contributor under this Ordinance may not subsequently become a contributor under this Ordinance unless-(a) he ceases to contribute to the approved scheme; or
(b) he marries; or
(c) he leaves the service of this Government and is subsequently reappointed to it. (Replaced 33 of 1939 Schedule)(5) Nothing in this section shall exempt an officer, who on reappointment to the service of this Government is already a contributor under this Ordinance, from continuing his contributions under this Ordinance. (Replaced 33 of 1939 Schedule)
(6) If an officer obtains exemption under this section, any contributions previously made by him under this Ordinance while his claim for exemption is pending or during either of the periods mentioned in subsection (3) shall be returned to him without interest. (Replaced 33 of 1939 Schedule)

(Added 9 of 1929 s. 4)

Cap 94 s 4 Contributors to other schemes

(1) No officer shall be required to contribute under this Ordinance if, and for so long as, he is contributing to an approved scheme, or if he has completed his contributions to an approved scheme: (Amended 2 of 1931 s. 3)
Provided that this subsection shall have no effect and shall be deemed never to have had effect in relation to an approved scheme which, prior to 1 July 1997, has been declared by the Secretary of State of the United Kingdom to be a List II scheme. (Added 72 of 1967 s. 3. Amended 63 of 1999 s. 3)
(2) For the purposes of this section, an approved scheme means a scheme for the granting of pensions to the widows and children of Government officers, established in a British colony or protectorate or in British India or in any territory in respect of which a mandate is being exercised by the government of any part of a British dominion, which prior to 1 July 1997, is declared by the Secretary of State of the United Kingdom to be an approved scheme for the purposes of this section. (Amended 63 of 1999 s. 3)
(3) Any claim for exemption under this section must be in writing and must reach the Secretary for the Civil Service within three months after the officer commences to draw salary from this Government or such extended period as the Secretary for the Civil Service may in any particular case allow. (Amended 33 of 1939 Schedule; 72 of 1973 s. 2; L.N. 226 of 1976; L.N. 242 of 1994; L.N. 362 of 1997; 10 of 2005 s. 3)
(4) An officer who under this section has obtained exemption from becoming a contributor under this Ordinance may not subsequently become a contributor under this Ordinance unless-(a) he ceases to contribute to the approved scheme; or
(b) he marries; or
(c) he leaves the service of this Government and is subsequently reappointed to it. (Replaced 33 of 1939 Schedule)(5) Nothing in this section shall exempt an officer, who on reappointment to the service of this Government is already a contributor under this Ordinance, from continuing his contributions under this Ordinance. (Replaced 33 of 1939 Schedule)
(6) If an officer obtains exemption under this section, any contributions previously made by him under this Ordinance while his claim for exemption is pending or during either of the periods mentioned in subsection (3) shall be returned to him without interest. (Replaced 33 of 1939 Schedule)

(Added 9 of 1929 s. 4)

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