Search Legislation

The Hong Kong (Overseas Public Servants) (Continuing Service: Compensation) Order 1996

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about opening options

Opening Options

More Resources

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Calculation of compensation: superseded officers

8.—(1) This article applies to the calculation of compensation under this Order for entitled officers who have received compensation under the Limited Hong Kong Scheme on being superseded for promotion.

(2) In order to determine whether such an entitled officer is eligible for compensation under this Order, and, if so, the amount of compensation due:

(a)the same calculations shall be made in respect of the entitled officer as are directed in article 7(2), (3) — first sentence only — (4) and (6) to produce a sterling figure;

(b)the lump sum paid to the entitled officer as compensation under the Limited Hong Kong Scheme shall be converted into sterling at the rate of exchange between the HK dollar and the £ sterling at the date the lump sum was paid to the officer and the sum in sterling shall be increased at the rate of five per cent per annum from the date of payment of the lump sum to the date taken for the calculation under article 7(2) (a); this produces the figure to be used for the purposes of paragraphs (3) or (4) of this article.

(3) No compensation shall be payable to such an entitled officer under this Order if, having made the calculations referred to in paragraph (2) in respect of the appointed day, the figure arrived at in accordance with paragraph (2) (b) equals or is greater than the figure arrived at in accordance with paragraph (2) (a); and no recalculation shall be made in respect of any such officer in respect of any other date.

(4) Where, having made the calculations referred to in paragraph (2) in respect of the appointed day, the figure arrived at in accordance with paragraph (2) (a) is greater than the figure arrived at in accordance with paragraph (2) (b), compensation is payable; and where a recalculation or recalculations are made on later dates in accordance with article 7(2), the figure to be taken for the purposes of this article shall be the highest sum produced by such recalculations. Subject to article 10(1) (a), the amount of compensation shall be the difference between the sums arrived at in accordance with paragraph (2) or the maximum sum, whichever is the less.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources