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

32. Representations to designated officer
(1) The Chief Executive may appoint an officer to be a designated officer for the purposes of this Ordinance and the appointment may be made either generally or for the purpose of enabling the officer, should he think fit, to exercise as regards a particular case specified in the appointment, any of the powers conferred on a designated officer by this Ordinance. (Amended 26 of 1999 s. 3)
(2) Before a designated officer exercises a power conferred on him by section 29 or 31, he shall by a communication in writing addressed to the officer or other person concerned inform him that exercise of such a power in relation to him is being considered and why it is being considered.
(3) The communication shall state that, within a period specified in the communication (being a period ending not earlier than 30 days after the date of the communication or a longer period that the designated officer may allow), the officer or other person to whom it is addressed may make representations to the designated officer as regards the exercise in relation to him of a power conferred on the designated officer by section 29 or 31.
(4) A person to whom the communication is addressed shall notify in writing the designated officer of his intention to make representations.
(5) The officer or other person to whom the communication is addressed shall, within the period specified in the communication (or a longer period that the designated officer may allow), be afforded an opportunity of stating in writing, or having so stated on his behalf, why any of the powers conferred by section 29 or 31 should not be exercised in relation to him.
(6) Where—
(a) a communication referred to in subsection (2) is issued;
(b) the period specified in the communication has expired;
(c) a notification referred to in subsection (4) is not received by the designated officer from the person to whom the communication is addressed; and
(d) an application to extend the period specified in the communication is not received, or where an application to extend is received but is disallowed,
notwithstanding the absence of representations referred to in subsection (3), the designated officer may exercise in relation to the person a power conferred on the designated officer by section 29 or 31.
(7) A designated officer shall not exercise a power conferred on him by section 29 or 31 without having had regard to the submission (if any) made to him by or on behalf of the officer or other person concerned pursuant to this section.
(8) Where a designated officer exercises a power conferred on him by section 29 or 31, he shall forthwith notify in writing the officer or other person concerned.

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

34. Pension may be suspended on certain post-retirement employment
(1) The Chief Executive may direct that a pension granted to a person shall be suspended as from a date the Chief Executive shall specify if the person has, within 2 years after his retirement and without the prior permission in writing of the Chief Executive—
(a) entered business on his own account;
(b) become a partner in a partnership;
(c) become a director of a company; or
(d) become an employee,
if the principal part of the business or the business of the partnership or company or of his employment is, in the opinion of the Chief Executive, carried on in Hong Kong, and the Chief Justice shall forthwith notify in writing the person concerned of the direction.
(2) The Chief Executive may specify a period of more than 2 years for the purposes of subsection (1) where he thinks fit, and the Chief Justice shall forthwith notify in writing the person concerned of the specified period.
(3) A person who is aggrieved by a direction under subsection (1) or a specification under subsection (2) may, within 30 days after the notification to him of the direction or specification or a longer period that the Chief Executive may in any particular case permit, petition the Chief Executive against the direction or specification and the Chief Executive may confirm, vary or reverse the direction or specification as he thinks fit.
(4) Where a person whose pension has been suspended under subsection (1) ceases to be engaged in any of the capacities specified in that subsection, the Chief Executive may, if he is satisfied that the person has so ceased to be engaged, direct that the pension shall be restored to him with retrospective effect as from the date of cessation of the engagement or any later date the Chief Executive may specify, and the pension shall be restored accordingly.
(Amended 26 of 1999 s. 3)

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

35. Pension benefits not assignable
(1) Except as otherwise provided by the Public Officers (Assignment of Emoluments) Ordinance (Cap. 363), pension benefits granted to an officer are not assignable or transferable except for the purpose of—
(a) satisfying, either in whole or in part, a debt due to the Government; or
(b) satisfying an order of a court for the payment of money towards the maintenance of the spouse or former spouse or minor child of the officer,
and pension benefits are not liable to be attached, sequestered or levied on for or in respect of any claim or debt other than a debt due to the Government.
(2) Where a person to whom pension benefits are granted owes a debt to the Government, subject to subsection (3), the Director of Accounting Services may apply those benefits, either in whole or in part, for the satisfaction or partial satisfaction of the debt.
(3) Where—
(a) a person owes a debt to the Government arising otherwise than on account of tax payable under the Inland Revenue Ordinance (Cap. 112); and
(b) the person has not consented to the exercise, in relation to pension benefits granted to him, of the power conferred on the Director of Accounting Services under subsection (2),
the amount applied in satisfaction of the debt shall not, as regards a particular pension benefit, exceed 25% of the pension benefit.
(4) In this section pension benefits (退休金利益) includes an increase in the benefits under section 4 of the Pensions (Increase) Ordinance (Cap. 305).

36. Grant of short service gratuity
(1) If a pension cannot be granted to an officer whose service under the Government is less than the qualifying service specified in section 7 or 12, he shall be granted, on retirement from the public service, a short service gratuity at the prescribed rate in respect of his service.
(2) Short service gratuity granted to an officer is payable to him as soon as possible after retirement.