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

37. Chief Executive’s power to exempt or modify
(1) The Chief Executive may exempt an officer and his dependants from the application of any provision of this Ordinance and the regulations in any particular case, or may modify the application of any provision in any such case in the manner specified by him, where in his opinion inequity results from the application of the provision; but an exemption or modification shall not be detrimental to the officer or his dependants and shall be in keeping with the spirit of this Ordinance. (Amended 26 of 1999 s. 3)
(2) No exemption or modification shall be made under subsection (1) unless a draft of it has been laid before and approved by resolution of the Legislative Council, and section 34 of the Interpretation and General Clauses Ordinance (Cap. 1) does not apply in relation to the exemption or modification.

38. Regulations
(1) The Chief Executive in Council may make regulations providing for—
(a) the grant of pension benefits to persons who are transferred to or from service under the Government from or to other public service;
(b) the factor for the computation of pension on retirement and such factor may apply to service before 1 July 1987;
(c) the computation of qualifying service and pensionable service;
(d) the service which may be taken into account as qualifying service or pensionable service, which may include qualifying service or pensionable service prior to 1 July 1987, and for deeming an increase in pensionable service in certain circumstances;
(e) the emoluments which may be taken into account for computing pension benefits;
(f) the determination of highest pensionable emoluments; and
(g) the better carrying out of the purpose and provisions of this Ordinance.
(2) Subject to subsection (3), where the Chief Executive in Council is satisfied that it is equitable that any regulation made under subsection (1) should have retrospective effect in order to confer a benefit upon or remove a disability attaching to any person, the Chief Executive in Council may by notice in the Gazette declare that the regulation has retrospective effect for that purpose.
(3) No declaration shall be made under subsection (2) unless a draft of it has been laid before and approved by resolution of the Legislative Council, and section 34 of the Interpretation and General Clauses Ordinance (Cap. 1) does not apply in relation to the declaration.
(Amended 26 of 1999 s. 3)

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

39. Transitional
Nothing in the Employees’ Compensation (Amendment) (No. 2) Ordinance 2000 (52 of 2000) (the amending Ordinance) shall apply to claims for compensation in respect of accidents occurring before the commencement* of the amending Ordinance, and the provisions in force immediately before the commencement* of the amending Ordinance shall continue to apply to such claims as if they had not been amended by the amending Ordinance.
(Added 52 of 2000 s. 44)Editorial Note:
* Commencement date: 1 August 2000.

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

1. Citation
These regulations may be cited as the Pension Benefits (Judicial Officers) Regulations.

2. Interpretation
In these regulations, unless the context otherwise requires—
month (月) means a complete month, and an incomplete month shall be taken to be that fraction of a complete month in which the denominator is 30 and the numerator the number of days of service in that incomplete month, irrespective of the actual number of days in that month.

2A. Saving
The amendments made to these Regulations by the Adaptation of Laws (No. 10) Ordinance 1999 (26 of 1999) shall not affect any right accrued or accruing to any person before the date on which those amendments come into operation.
(26 of 1999 s. 3)

3. Application of Part II
Except where the Chief Executive in any special case otherwise directs, this Part does not apply in the case of an officer who is transferred to or from the service under the Government from or to other public service except for the purpose of determining whether that officer would have been eligible for pension benefits, and the amount of the pension benefits for which he would have been eligible, if his service had been wholly under the Government.
(26 of 1999 s. 3)

4. Pension factor
Subject to section 22 of the Ordinance, the factor for the computation of an annual pension on retirement in the circumstances specified in sections 7, 12 and 14 of the Ordinance is 1/675 of the officer’s highest pensionable emoluments for each month of his pensionable service.
(21 of 2020 s. 90)

5. Rate of short service gratuity
The rate of short service gratuity granted to an officer under section 36 of the Ordinance shall be an amount not exceeding 7 times the annual amount of the pension which, if there had been no requirement for a period of qualifying service, would have been granted to him at the factor prescribed in regulation 4.
(21 of 2020 s. 91)

6. Application of Part III
(1) This Part applies only in the case of an officer who is transferred to or from service under the Government from or to other public service. (26 of 1999 s. 3)
(2) Regulations 7, 8, 10 and 12 apply only in respect of an officer who was appointed before the date on which Schedule 4 to the Adaptation of Laws (No. 10) Ordinance 1999 (26 of 1999) comes into operation. (26 of 1999 s. 3)

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

7. Interpretation
(1) In this Part and Part IV—
Scheduled Government (附表政府) has the same meaning as in regulation 7(1) of the Pension Benefits Regulations (Cap. 99 sub. leg. A); (E.R. 5 of 2018)
service in the Group (任職於組內的政府、任職於組內政府的服務) means service under the Government and under a Scheduled Government or Scheduled Governments.
(2) For the purpose of this Part and Part IV—
(a) an officer in public service under the Government of the Federation of Rhodesia and Nyasaland immediately before 1 January 1964 who was, immediately before that date, employed on secondment to service under the Government of Southern Rhodesia, the Government of Northern Rhodesia or the Government of Nyasaland, or was as from that date so employed, shall be deemed to continue in public service under the Government of the Federation of Rhodesia and Nyasaland until his employment on secondment was terminated;
(b) any pension awarded on or after 1 January 1964 in respect of service under the Government of the Federation of Rhodesia and Nyasaland shall be deemed to have been granted by that Government notwithstanding the provisions of the Federation of Rhodesia and Nyasaland (Dissolution) Order 1963.
(3) Where an officer, to whom this Part applies, is, on his retirement from the public service, not granted a pension or gratuity in respect of his employment in the service in which he is last employed, solely by reason of the fact that he has not held office in that service for a specified period he shall nevertheless be deemed for the purpose of this Part to have retired in circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on pension or gratuity.