### Pensions Ordinance 《退休金條例》

11. Suspension of pension on reappointment, etc.
If a person to whom a pension has been granted under this Ordinance is reappointed to the public service, or appointed to service in a subvented organization which is for the purposes of this section determined to be public service by the Chief Executive by notice in the Gazette, payment of the pension may, with the person’s consent, be suspended during the period of his service in the public service or the organization, as the case may be.
(Replaced 4 of 1993 s. 8. Amended 63 of 1999 s. 3)

12. Pensions etc. not to be assignable
(1) Save as otherwise provided by the Public Officers (Assignment of Emoluments) Ordinance (Cap. 363), a pension (including a deferred pension), gratuity or other allowance granted under this Ordinance shall not be 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 any court for the payment of money towards the maintenance of the spouse or former spouse or minor child of the officer to whom such pension gratuity or other allowance was granted,
and no such pension, gratuity or other allowance shall be liable to be attached, sequestered or levied upon for or in respect of any claim or debt other than a debt due to the Government.
(2) (a) Where any person to whom a pension (including a deferred pension), gratuity or other allowance is granted under this Ordinance owes a debt to the Government, subject to paragraph (b), the Director of Accounting Services may apply that pension, gratuity or other allowance, either in whole or in part, for the satisfaction, or partial satisfaction, of the debt.
(b) Where—
(i) a person owes a debt to the Government arising otherwise than on account of tax payable under the Inland Revenue Ordinance (Cap. 112); and
(ii) the person has not consented to the exercise, in relation to a pension (including a deferred pension), gratuity or other allowance so granted to him, of the power conferred on the Director of Accounting Services by this subsection,
the amount applied in such exercise shall not, as regards a particular such pension, gratuity or other allowance, exceed an amount equal to 25% thereof.
(3) Each of the references in this section either to a deferred or other pension or to an allowance (other than a gratuity) shall be construed as including a reference to any increase in the pension or allowance which is for the time being authorized under section 4 of the Pension (Increase) Ordinance (Cap. 305).
(Replaced 61 of 1988 s. 8(1))

### Pensions Ordinance 《退休金條例》

12A. Operation of section 12
Section 12, as enacted by section 8(1) of the Pension Benefits (Miscellaneous Amendments) Ordinance 1988 (61 of 1988), shall be deemed to have come into operation on 1 July 1987.
(61 of 1988 s. 8(2) incorporated)

### Pensions Ordinance 《退休金條例》

13. Pensions, etc., to cease on bankruptcy
(1) If any person to whom a pension or other allowance has been granted under this Ordinance is adjudicated bankrupt or is declared insolvent by judgment of any competent court, then such pension or allowance shall forthwith cease.
(2) If any person is adjudicated bankrupt or declared insolvent as aforesaid either—
(a) after retirement in circumstances in which he is eligible for pension or allowance under this Ordinance but before the pension or allowance is granted; or
(b) before such retirement, and he shall not have obtained his discharge from bankruptcy or insolvency at the date of retirement,
then, in the former case any pension or allowance eventually granted to him shall cease as from the date of adjudication or declaration as the case may be and, in the latter case, the pension or allowance may be granted, but shall cease forthwith and not become payable.
(3) Where a pension or allowance ceases by reason of this section, it shall be lawful for the Chief Executive, from time to time during the remainder of such person’s life, or during such shorter period or periods, either continuous or discontinuous, as the Chief Executive shall think fit, to direct all or any part of the moneys to which such person would have been entitled by way of pension or allowance, had he not become bankrupt or insolvent, to 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, such person and any spouse, child or children of such person, or such other of his dependants as the Chief Executive may determine, in such proportions and manner as the Chief Executive thinks proper, and such moneys shall be paid or applied accordingly. (Amended 55 of 1972 s. 4; 36 of 1987 s. 36; 63 of 1999 s. 3)
(4) Moneys applied for the discharge of the debts of the person whose pension or allowance has so ceased shall, for the purposes of this section, be regarded as applied for his benefit.
(5) Where, by reason of subsection (1) or (2), payment to a person of a pension or other allowance 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, allowance or pension and allowance, as may be appropriate, shall be restored to him as from the date on which he is so discharged. (Replaced 36 of 1987 s. 36)

### Pensions Ordinance 《退休金條例》

15. Pension, gratuity or allowance may be cancelled, suspended or reduced on conviction, etc.
(1) Where—
(a) an officer to whom a pension or allowance has been granted— (Amended L.N. 63 of 1992)
(i) is convicted of any offence in connection with the public service under the Government, being an offence which 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 63 of 1999 s. 3)
(ii) is convicted of any offence under Part II of the Prevention of Bribery Ordinance (Cap. 201), being an offence related to the person’s previous public service under the Government; or
(iii) is convicted of any offence endangering national security; or (Amended 6 of 2024 s. 131)
(b) an officer is compulsorily retired in the exercise of disciplinary powers of punishment by the Government following a conviction of any offence referred to in paragraph (a),
the pension or allowance which has been granted to him may be cancelled, suspended or reduced, or he may not be granted a pension, gratuity or allowance, as the case may be.
(2) If after the retirement of an officer in circumstances in which he is eligible for a pension, gratuity or allowance but before the pension, gratuity or allowance is granted he is convicted and sentenced as specified in subsection (1)(a), any pension, gratuity or allowance eventually granted to him may be cancelled, suspended or reduced.
(3) Subject to section 15A, the power under subsection (1) or (2) to cancel, suspend, reduce or refuse to grant a pension, allowance or gratuity shall be exercisable by a designated officer. (Replaced 86 of 1988 s. 7)
(4) Where, under this section, a designated officer refuses to grant a pension, allowance or gratuity to an officer or person, a pension, allowance or gratuity, as the case may be, shall accordingly not be granted to that officer or person. (Replaced 86 of 1988 s. 7)
(5)-(7) (Repealed 86 of 1988 s. 7)(Replaced 36 of 1987 s. 36)