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

12. Circumstances in which pension may be granted for service after re-appointment
A person who is eligible for, or was granted, a pension under this Ordinance or the Pension Benefits Ordinance (Cap. 99) and who is re-appointed to service under the Government, shall be granted a pension in respect of that service on completion of qualifying service of not less than 2 years during the re-appointment.

12A. Discretionary early retirement
(1) The Chief Justice, a permanent judge or a High Court Judge who is subject to the retirement age (extension) arrangement may, at any time, apply to retire during the period—
(a) beginning on the date when the judge attains the age of 60 years; and
(b) ending on the date immediately before the judge attains the age of 65 years.
(2) An application under subsection (1) must be made—
(a) for an application by the Chief Justice—to the Chief Executive; or
(b) for an application by a permanent judge or a High Court Judge—to the Chief Justice.
(3) The Chief Executive or the Chief Justice, as the case may be, may approve an application under subsection (1) in exceptional circumstances.
(Added 10 of 2019 s. 18)

12B. Delegation by Chief Justice in relation to application under section 12A
(1) If the Chief Justice considers that there is a conflict of interest in relation to the Chief Justice exercising the power to approve an application under section 12A, the Chief Justice must delegate the power to—
(a) firstly, among the permanent judges who are eligible to be appointed as the Chief Justice and are not subject to any conflict of interest, the most senior judge;
(b) secondly, if there is no judge to whom the power may be delegated under paragraph (a)—among the permanent judges who are not eligible to be appointed as the Chief Justice and are not subject to any conflict of interest, the most senior judge; and
(c) thirdly, if there is no judge to whom the power may be delegated under paragraph (b)—any other officer who is considered suitable by the Chief Justice and is not subject to any conflict of interest.
(2) The seniority of a permanent judge is to be determined in accordance with the order of precedence prescribed in section 11(b) of Cap. 484 with the judge having the highest precedence being regarded as the most senior judge.
(3) In this section—
conflict of interest (利益衝突) means an actual or apparent conflict of interest.
(Added 10 of 2019 s. 18)

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

13. Compensation scheme
For the purposes of section 7(1)(i) the Chief Executive in Council may approve a compensation scheme which— (Amended 26 of 1999 s. 3)
(a) shall apply to officers specified in the scheme;
(b) may provide for the payment of compensation, pension benefits and additional benefits to officers on their retirement, the commutation of pension benefits, the payment of death gratuities to dependants of officers, and for other related matters, other than in accordance with this Ordinance; and
(c) shall provide for the circumstances in which compensation and other benefits are payable under the scheme.

14. Grant of pension on retirement on account of injuries
(1) A pension shall be granted to an officer who is permanently injured—
(a) in the actual discharge of his duty;
(b) not due to his own serious and wilful misconduct; and (Replaced 3 of 1993 s. 62)
(c) on account of circumstances specifically attributable to the nature of his duty,
while in pensionable service, if his retirement is thereby necessitated or materially accelerated, notwithstanding that he has completed qualifying service of less than the relevant period specified in section 7(1)(a).
(2) An officer who is permanently injured while travelling by any means in pursuance of official instructions or in the course of his duties shall be deemed for the purposes of subsection (1) to have been injured in the circumstances described in paragraphs (a) and (c) of that subsection. (Amended 3 of 1993 s. 62)

15. Grant of additional pension on account of injuries
(1) Subject to subsection (2), if an officer is permanently injured in the circumstances described in section 14, he shall be granted an additional pension at the prescribed rate where his capacity to contribute to his own support becomes impaired at or after his retirement because of the injury and it shall be payable in accordance with the regulations.
(2) Where an additional pension is granted under subsection (1) in respect of an injury which was caused in circumstances creating a legal liability in a person other than the Government, the Government may take proceedings against that person to recover an amount not exceeding the amount of the additional pension multiplied by 14.
(3) Subsection (1) does not apply in the case of an officer who, in consequence of his injury, is entitled to and has received compensation under the Employees’ Compensation Ordinance (Cap. 282), the Pneumoconiosis and Mesothelioma (Compensation) Ordinance (Cap. 360) or the Occupational Deafness (Compensation) Ordinance (Cap. 469). (Amended 21 of 1995 s. 42; 6 of 2008 s. 46)

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

16. Minimum medical pension
An officer referred to in section 7(1)(h) is entitled to a minimum pension based on 25% of his highest pensionable emoluments.

17. Grant of additional pension on abolition of office or compulsory retirement
(1) An additional pension at the prescribed rate shall be granted to an officer—
(a) who retires under section 7(1)(d) on abolition of his office; or
(b) on his compulsory retirement under section 7(1)(g).
(2) An additional pension granted to an officer under subsection (1) is payable when a pension is paid to him.

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

19. Discretionary power to grant ex gratia payment where officer leaves the public service
Where an officer leaves the public service and a pension or short service gratuity cannot, except by the application of section 37, be granted to him under this Ordinance, the Chief Executive may, if he thinks fit, grant an ex gratia payment to the officer in an amount that he thinks just and proper.
(Amended 4 of 1993 s. 33; 26 of 1999 s. 3)

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

20A. Commutation of pensions payable under section 20
(1) A person to whom a pension is payable under section 20 may within 3 months after the commencement of the payment of the pension or such longer period as the Secretary for the Civil Service may approve apply in writing to the Secretary to commute the pension into a lump sum.
(2) A lump sum referred to in subsection (1) shall be computed in accordance with an actuarial table prepared from time to time by an actuary appointed by the Chief Executive. (Amended 26 of 1999 s. 3)
(3) Where an application is made under subsection (1) in respect of a deceased officer, any pension granted in respect of him before the computation of the lump sum shall be deducted from the lump sum.
(4) A lump sum referred to in subsection (1) may for the purposes of payment be divided into such number of parts as the Secretary for the Civil Service may think fit.
(Added 3 of 1993 s. 64)

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

25. Deemed increase in pensionable service
An officer’s pensionable service shall be deemed to be increased by one month for each completed month of pensionable service in a judicial office that is both after age 50 and after 1 July 1987.