### Surviving Spouses’ and Children’s Pensions Ordinance 《尚存配偶及子女撫恤金條例》

12. Bankruptcy of a surviving spouse or child
If a person to whom a surviving spouse’s or children’s pension has been granted is adjudicated bankrupt or declared insolvent by any competent court in Hong Kong or elsewhere such pension or that person’s share thereof, as the case may be, shall cease as from the date of the adjudication or declaration:
Provided that where a pension or share thereof ceases under this section the Directors may from time to time during the remainder of the life of the surviving spouse or period of dependency of the child, or during such shorter period or periods, either continuous or discontinuous as they think fit, authorize the payment to the surviving spouse or child of an allowance at a rate not exceeding the rate of the pension or share or may authorize the application of such allowance for the maintenance and support of such surviving spouse or child, in such manner and at such time as they think fit.(Amended 3 of 1993 s. 16)

### Surviving Spouses’ and Children’s Pensions Ordinance 《尚存配偶及子女撫恤金條例》

17. Mode of making elections
(1) Any election authorized to be made under this Ordinance shall be in writing and shall be made to the Director of Accounting Services.
(2) The date of the making of the election shall be deemed to be the date of the receipt of the written notification of the election by the Director of Accounting Services.
(3) After the expiry of any period within which an election under this Ordinance is required to be made, any such election shall be irrevocable.
(4) The Secretary for the Civil Service or the Directors may in their discretion in any special circumstances extend the period for making any election under this Ordinance. (Amended 3 of 1993 s. 21)
(5) Where an officer dies during the period within which he may make any election under this Ordinance without making that election, and he leaves a surviving spouse or children who would benefit from a pension that might enure under this Ordinance, the Secretary for the Civil Service may make the election on behalf of the officer if he considers that it would have operated to the advantage of the beneficiaries, and for all purposes of this Ordinance the election shall be deemed to have been made by the officer immediately before his death. (Amended 3 of 1993 s. 21)

18. Proof of claims on pensions
The Director of Accounting Services may require such proof as he considers desirable that any person who claims to be entitled to a pension under this Ordinance, or on behalf of whom such claim is made, is alive and entitled to the pension, and the payment of any pension may be refused until such proof is furnished to the satisfaction of the Director of Accounting Services.

### Surviving Spouses’ and Children’s Pensions Ordinance 《尚存配偶及子女撫恤金條例》

19. Decision of questions under the Ordinance
If any question arises as to whether any person is a contributor within the meaning of this Ordinance, or as to whether any person is entitled to any pension as the surviving spouse or child of a contributor or as to the amount of pension to which any surviving spouse or child is entitled, or as to the meaning or construction to be assigned to any provision of this Ordinance, the Directors may, and if required by any contributor or surviving spouse or child of a contributor or a person claiming to be such, shall, submit such question to the Chief Executive for decision, and the decision of the Chief Executive shall be final.
(Amended 3 of 1993 s. 22; 63 of 1999 s. 3)

20. Power of Chief Executive to give directions
(1) The Chief Executive may give such directions as he thinks fit (either generally or in any particular case) with respect to the exercise or performance by the Directors or any public officer of the powers, duties and functions of the Directors or the officer under this Ordinance.
(2) The Directors and all public officers shall, in the exercise or performance of any powers, duties or functions under this Ordinance, comply with any directions given by the Chief Executive under subsection (1).
(Amended 63 of 1999 s. 3)

21. Pension not to be assigned
Except as may be expressly provided in this Ordinance no pension payable and no rights of any person under this Ordinance shall be assignable or transferrable or liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatsoever, save a debt due to the Government by reason of non-payment of contributions or over-payment of pension or otherwise arising out of or in connection with the operation of this Ordinance.

22. Effect of certain nullity decrees
Where a marriage which is voidable but not void from the beginning is declared to be null by any court of competent jurisdiction, the same results shall follow under this Ordinance as would have followed thereunder if the marriage had not been voidable and had been dissolved at the date of the decree.

23. Financial provisions
(1) There shall be paid out of the general revenue of Hong Kong—
(a) any pension or return of contributions, interest thereon and addition thereto payable under or by virtue of this Ordinance;
(b) any expenses incurred in the administration of this Ordinance.
(2) Contributions, interest thereon and any addition thereto paid by contributors under this Ordinance shall be paid into the general revenue of Hong Kong.

### Surviving Spouses’ and Children’s Pensions Ordinance 《尚存配偶及子女撫恤金條例》

25. No decrease of previous benefits
Where a public officer ceases to be a contributor under the existing Ordinance otherwise than in pursuance of section 35 thereof and becomes a contributor under this Ordinance, then notwithstanding anything to the contrary in this Ordinance, if—
(a) there being no children’s pension payable, the rate of the widow’s pension; or
(b) there being no widow’s pension payable, the rate of the children’s pension; or
(c) the aggregate rate of both a widow’s and a children’s pension,
as the case may be, shall at any time be less than the rate that would have been payable under the existing Ordinance and the Widows and Orphans Pension (Increase) Ordinance (Cap. 205), if the contributor had been treated for the purposes of the existing Ordinance as having transferred to other public service and as having ceased to contribute under the existing Ordinance as from the date applicable to him under section 3(2), it shall be increased to the last mentioned rate and in the case of both a widow’s and a children’s pension, the increase shall be divided between the two in the proportion each bears to the aggregate; and subject to such increase, this Ordinance shall apply mutatis mutandis to that pension or those pensions as it applies to other pensions granted under its provisions.

26. Application of Cap. 94
Subject to this Ordinance, the existing Ordinance shall cease to apply to and in relation to a public officer on and after the day from which this Ordinance first applies to him, and he shall be deemed to have surrendered all claims to benefit under the existing Ordinance, save in relation to—
(a) contributions made by the officer under the existing Ordinance and to any pension due in respect of those contributions if—
(i) the officer did not make any contributions under the existing Ordinance in respect of the day immediately before that day; or
(ii) the officer ceased to contribute under the existing Ordinance in pursuance of section 35 of that Ordinance;
(b) a pension that officer is receiving as the widow of a deceased contributor under the existing Ordinance.