### Volunteer and Naval Volunteer Pensions Ordinance 《陸軍義勇軍及海軍義勇軍恩恤金條例》

28. Continuing condition or requirement
Notwithstanding any other provisions of this Ordinance, where any person is from time to time entitled under this Ordinance to the payment of any grant, whether by way of pension, gratuity or other allowance—
(a) any condition or requirement set out in this Ordinance in respect of the payment of such grant shall, except where the context otherwise requires, be construed as a continuing condition or requirement; and
(b) in the event of any condition or requirement which is so construed as a continuing condition or requirement ceasing in any way to be satisfied, the person shall cease to be entitled to such payment in respect of any period of time beginning on the date of such cessation.

29. Administrative costs
(1) All costs and expenses incurred by the Board in the performance of its functions and the exercise of its powers shall be borne by the Government.
(2) All costs and expenses incurred by the Government in respect of or in connection with the administration of this Ordinance shall be charged on and paid out of the general revenue.

30. Recovery of grants in case of mistake, etc.
(1) Where any person has received the payment of any sum of money as a grant, or part or parts of a grant, whether by way of pension, gratuity or other allowance, by the application, or the purported application, of any provisions of this Ordinance, and—
(a) the payment was made—
(i) in ignorance of, or in consequence of a mistake as to, a material fact, or in consequence of a mistake as to law; or
(ii) on the basis of any false or misleading information, statement, report or record given or made in connection with such payment;
(b) the payment was made pursuant to a decision which—
(i) where the decision was made under section 21(4), has been varied or reversed in a review under section 22 so that the payment according to the decision on the review should not have been payable to the person;
(ii) where the decision was made in a review under section 22, has been varied or reversed on an appeal under section 23 so that the payment according to the decision on the appeal should not have been payable to the person; or
(c) the person has been convicted of an offence under section 32 in respect of or in connection with such payment,
an amount equivalent to the amount of the payment so received shall be recoverable from the person as a debt due to the Government.
(2) Any money recovered under subsection (1) shall be paid into the general revenue.

### Volunteer and Naval Volunteer Pensions Ordinance 《陸軍義勇軍及海軍義勇軍恩恤金條例》

31. Entitlement to grants not transferable, etc.
(1) (a) No entitlement of any person to the payment of any grant under this Ordinance, whether by way of pension, gratuity or other allowance, shall be assignable or transferable except for the purpose of being applied, whether in whole or in part, for the satisfaction, or partial satisfaction, of a debt due by the person to the Government.
(b) Any assignment or transfer of any entitlement in contravention of paragraph (a) shall be void.
(2) The entitlement of any person to the payment of any grant under this Ordinance, whether by way of pension, gratuity or other allowance, shall not—
(a) survive for the benefit of his estate on his death;
(b) pass to any other person by operation of law.
(3) No money payable to any person as a grant under this Ordinance, whether by way of pension, gratuity or other allowance, shall be liable to be attached, charged, sequestered or levied upon for or in respect of any debt or claim whatsoever, other than a debt due by the person to the Government.
(4) Where any person to whom any grant is payable under this Ordinance, whether by way of pension, gratuity or other allowance, owes a debt to the Government, the Director of Accounting Services may apply such money, whether in whole or in part, for the satisfaction, or partial satisfaction, of the debt.

32. Offences
(1) A person who, in connection with a claim—
(a) furnishes any information which he knows to be false or misleading, or does not believe to be true, in a material particular; or
(b) produces any statement, report or record which he knows to be false or misleading, or does not believe to be true, in a material particular,
commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 3 months.
(2) Notwithstanding section 26 of the Magistrates Ordinance (Cap. 227), proceedings in respect of an offence under subsection (1) may be brought at any time within the period of 6 months after the commission of the offence or within the period of 6 months after the discovery thereof by the Board, whichever is the later to expire.

33. Notice
(1) Service of a notice on any person by the Board under this Ordinance may be effected—
(a) by delivering it to the person personally;
(b) by leaving it at the last known address of the person; or
(c) by sending it by post addressed to the person at his last known address.
(2) A certificate purporting to be signed by the Chairman shall, until the contrary is proved, be evidence of the facts stated therein relating to the service of any notice required to be served by the Board under this Ordinance.

### Volunteer and Naval Volunteer Pensions Ordinance 《陸軍義勇軍及海軍義勇軍恩恤金條例》

34. Delegation of functions and powers
(1) (a) Subject to subsection (2), the Board may delegate in writing, either generally or for any particular purpose, such of its functions or powers under this Ordinance, other than those specified in subsection (3), as it thinks fit to—
(i) any member of the Board;
(ii) any committee established under section 4(2)(a);
(iii) any member of a committee referred to in subparagraph (ii); or
(iv) any public officer or other person.
(b) Subject to subsection (2), the Director of Accounting Services may delegate in writing, either generally or for any particular purpose, such of his functions or powers under this Ordinance, other than those specified in subsection (3), as he thinks fit to any public officer or other person.
(2) No delegation made under subsection (1) shall preclude the Board or the Director of Accounting Services, as the case may be, from performing or exercising at any time any of the functions or powers so delegated.
(3) The functions or powers which may not be delegated under subsection (1) are—
(a) the power to delegate under subsection (1);
(b) in the case of delegation by the Board under subsection (1)(a)—
(i) the function of the Board to determine a claim under section 21(4);
(ii) the function or power of the Board to review under section 22 any of its decisions in determining a claim under section 21(4); and 
(iii) the powers of the Board specified in section 4(2)(a) and (b).