### Pension Benefits (Judicial Officers) Ordinance 《退休金利益(司法人員)條例》

28. Suspension of pension on re-appointment to the service
(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.

### Pension Benefits (Judicial Officers) Ordinance 《退休金利益(司法人員)條例》

29. Power not to grant, or to cancel or reduce, pension
(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), (ba), (j) or (k) applies, if it is shown to the designated officer that— (Amended 10 of 2019 s. 19)
(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.

### Pension Benefits (Judicial Officers) Ordinance 《退休金利益(司法人員)條例》

30. Pension to cease on bankruptcy
(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 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.

### Pension Benefits (Judicial Officers) Ordinance 《退休金利益(司法人員)條例》

31. Pension benefits may be cancelled, suspended or reduced on conviction, etc.
(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 an offence endangering national security, (Amended 6 of 2024 s. 161)
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.