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The Hong Kong (Overseas Public Servants) (Pension Supplements) Order 1996

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Registration of notional Hong Kong benefits and provision of information

9.—(1) In order to qualify for supplementary payments under this Order, a pensioner shall provide the Secretary of State:

(a)with such information as will enable the Secretary of State to calculate and register that pensioner’s notional Hong Kong pension:

(i)in the case of a pension awarded before the coming into force of this Order, within six months of its coming into force;

(ii)in the case of a pension awarded after the coming into force of this Order, within three months of the grant of such pension,

or within such longer period as the Secretary of State may allow;

(b)with such other information, within such period as the Secretary of State may require, as will enable the Secretary of State to verify the payments made to the pensioner under the law of Hong Kong in respect of his pension, the place of such payments and any corresponding payments, and any changes made in respect of his pension, and to determine the amount of any supplementary payment.

(2) In order to qualify for a supplementary payment under his Order in respect of a gratuity, a specified officer or, as the case may be, his legal personal representatives shall provide the Secretary of State:

(a)with such information as will enable the Secretary of State to determine whether the Order applies to the gratuity, to calculate and register that officer’s notional Hong Kong gratuity and, if any change occurs in the matters taken for calculation of the gratuity since so informing the Secretary of State, of any such change;

(b)with such other information as will enable the Secretary of State to determine the amount of any supplementary payment.

(3) No supplementary payment shall be made under this Order except in respect of a registered notional Hong Kong pension or a registered notional Hong Kong gratuity, and the Secretary of State may withhold any supplementary payment unless he is satisfied that he has been correctly informed of all pertinent information as regards a pension or gratuity and the payments made under the law of Hong Kong in respect of the pension or gratuity.

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