The Hong Kong (Overseas Public Servants) (Retirement and Compensation) Order 1996 No. 1138

Interpretation

2.—(1) In this Order:

• “appointed day”, in relation to any person to whom this Order applies, means the day appointed by the Governor under article 3(2);

• “discounted lump sum” has the meaning ascribed to it in article 7(5);

• “entitled officer” means an officer, judge or magistrate who —

  (a)

  is a member of Her Majesty’s Overseas Civil Service (hereinafter referred to as “HMOCS”) or, in the case of a judge or magistrate, a member of HMOCS or Her Majesty’s Overseas Judiciary (hereinafter referred to as “HMOJ”) or has been individually informed in writing by or on behalf of the Secretary of State that he would be treated in the same manner as a member of HMOCS; and

  (b)

  was on the pensionable establishment of the Government of Hong Kong on 1st May 1993; and

  (b)

  remains on such establishment on the appointed day,

  other than a person referred to in article 6.

• “judicial officer” has the meaning ascribed to it in the Pension Benefits Ordinance(1);

• “Limited Hong Kong Scheme” means the Compensation Scheme for certain pensionable officers promulgated by the Government of Hong Kong and published as an Annex to Hong Kong Civil Service Branch Circular No. 24/87 of 9th December 1987;

• “maximum sum” has the meaning ascribed to it in article 7(4);

• “normal retirement age” means:

  (a)

  in the case of an entitled officer (not being a Scheduled officer, a judge or a judicial officer):

  (i)

  to whom the Pensions Ordinance(2) applies, 55;

  (ii)

  to whom the Pension Benefits Ordinance applies, 60;

  (b)

  in the case of a Scheduled officer:

  (i)

  to whom the Pensions Ordinance applies, 55;

  (ii)

  to whom the Pension Benefits Ordinance applies, the age specified under section 10(3) of that Ordinance or, if no age is so specified, 60;

  (b)

  in the case of a judge of the Supreme Court, 65;

  (d)

  in the case of a judge of the District Court appointed as such before 1st January 1987, 60;

  (e)

  in the case of a judge of the District Court appointed as such on or after 1st January 1987, 65;

  (f)

  in the case of a registrar or deputy registrar of the Supreme Court to whom the Pension Benefits (Judicial Officers) Ordinance(3) applies, 65;

  (g)

  in the case of any judicial officer (not being a judge or a registrar or deputy registrar of the Supreme Court):

  (i)

  to whom the Pensions Ordinance applies, 55;

  (ii)

  to whom the Pension Benefits (Judicial Officers) Ordinance applies, 60;

• “Ordinance” means an Ordinance of Hong Kong;

• “pensionable service” means the amount of service which may be taken into account in computing the pension of the entitled officer under the relevant pension law of Hong Kong, other than any service excluded by article 7(3);

• “salary” means annual salary;

• “Scheduled officer” has the meaning ascribed to it in the Pension Benefits Ordinance;

• “United Kingdom Pensions Increase (Review) Order” means an order made under section 59 of the Social Security Pensions Act 1975(4).

(2) In making any calculation for the purposes of article 7(4) or article 8(2)(c) (including any calculation under articles 9(2) and 10(2)(a)) in respect of an entitled officer whose appointed day falls within the period 1st April to 14th April 1997 (both days included), the calculation shall take account of any United Kingdom Pensions Increase (Review) Order which takes effect during that period notwithstanding that its effective date is later than the officer’s appointed day.

(1)

Laws of Hong Kong, Cap 99.

(2)

Laws of Hong Kong, Cap 89.

(3)

Laws of Hong Kong, Cap 401.

(4)

1975 c. 60.