### Hong Kong War Memorial Pensions Ordinance 《香港太平洋戰爭紀念撫恤金條例》

8. Secretary to consult the Committee
Before making any determination under section 7, the Secretary shall consult the Committee.

9. Additional benefits
(1) The Secretary may, upon an application made to him in the specified circumstances by an eligible beneficiary or the personal representatives of a deceased eligible beneficiary, determine that additional benefits under the specified heads and at the specified rate be paid, subject to the fulfillment or continued fulfillment of the specified conditions in the specified manner, to the beneficiary or, as the case may be, his estate.
(2) In subsection (1) specified (指明) means specified by the Secretary.

10. Application
(1) Application under section 7(1) or 9(1) shall be made in the manner and form specified by the Secretary.
(2) Upon receipt of an application under section 7(1) or 9(1), the Secretary may carry out such inquiries as he considers necessary to the making of a determination.

11. Appeals against determination of the Secretary
(1) A person aggrieved by a determination of the Secretary under section 7(3) may appeal to the Appeal Board.
(2) Any person who wishes to appeal under this section shall lodge a notice of appeal in manner and form specified by the Secretary within 28 days after receiving notice of the determination to which the appeal relates.

12. Appeal Board
(1) Every appeal made under section 11 shall be determined by the Appeal Board constituted under section 13.
(2) The Chief Executive shall appoint as Chairman of the Appeal Board a person who is qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap. 336). (Amended 67 of 1999 s. 3)
(3) Subject to subsection (6), the Chairman shall be appointed for a term of 2 years but may be re-appointed.
(4) The Chief Executive shall appoint a panel of persons whom he considers suitable for appointment under section 13 as members of the Appeal Board to hear any appeal. (Amended 67 of 1999 s. 3)
(5) Notice of any appointment under subsection (2) or (4) shall be published in the Gazette.
(6) The Chairman and any person appointed under subsection (4) may at any time resign by giving notice in writing to the Chief Executive. (Amended 67 of 1999 s. 3)

### Hong Kong War Memorial Pensions Ordinance 《香港太平洋戰爭紀念撫恤金條例》

14. Supplementary provisions relating to appeals
(1) If the Chairman is precluded by illness, absence from Hong Kong or any other cause from performing his functions, the Chief Executive may appoint any person qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap. 336) to act as Chairman and as such to exercise and perform all the functions of the Chairman during the period of his appointment. (Amended 67 of 1999 s. 3)
(2) If a person appointed by the Chairman under section 13(2) to hear an appeal is precluded by illness, absence from Hong Kong or any other cause from performing his functions, the Chairman may appoint any other person from the panel referred to in section 12(4) to act in his place.

15. Case may be stated for Court of Appeal
(1) Before or after the determination of an appeal, the Appeal Board may refer any question of law arising for determination by the Court of Appeal by way of case stated.
(2) On the hearing of the case the Court of Appeal may amend the case or require the Appeal Board to amend the case in such manner as the Court shall specify.
(3) Where the Court of Appeal determines a case stated under this section it shall cause a copy of the case, together with a copy of its opinion thereon, to be sent to the Chairman.
(4) Where the Court of Appeal sends its opinion under subsection (3), the Appeal Board shall determine the relevant appeal having regard to the opinion of the Court.

16. Offence
Any person who for the purposes of an application under section 7(1) or 9(1) or an appeal under section 11, whether by himself or any other person—
(a) makes any statement which—
(i) is false in a material particular; and
(ii) he knows to be false, or has no reasonable ground to believe to be true, in such particular;
(b) produces, supplies or otherwise makes use of any document or record which—
(i) is false in a material particular; and
(ii) he knows to be false, or has no reasonable ground to believe to be true, in such particular; or
(c) wilfully conceals, in the case of an application under section 7(1) or 9(1), any fact which he ought reasonably know to be likely to influence the Secretary’s determination of the application,
commits an offence and is liable to a fine at level 4 and to imprisonment for 6 months.
(Amended E.R. 3 of 2022)

### Hong Kong War Memorial Pensions Ordinance 《香港太平洋戰爭紀念撫恤金條例》

17. Recovery of pension or benefits in case of mistake etc.
Where any person receives a pension or additional benefits and—
(a) such pension or benefits is paid in consequence of ignorance of, or a mistake as to, a material fact, or of a mistake as to the law; or
(b) the person is convicted of an offence under section 16 in respect of such pension or benefits,
the Government may recover an amount equivalent to such pension or benefits from the person as a debt due to the Government.
(Amended 67 of 1999 s. 3)

18. Protection of entitlement to pension
The pension shall not 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 to the Government.
(Amended 67 of 1999 s. 3)

19. Entitlement to pension not transferable
(1) The entitlement of an eligible beneficiary to a pension 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 (Amended 67 of 1999 s. 3)
(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 eligible beneficiary.
(2) The entitlement of an eligible beneficiary to a pension shall not pass to any other person by operation of law.

20. Entitlement to pension not to survive death
The entitlement of an eligible beneficiary to a pension shall not survive for the benefit of his estate on his death.

21. Chief Executive may amend Schedules
The Chief Executive may amend Schedule 1 or 2 by order published in the Gazette.
(Amended 46 of 1999 s. 3; 67 of 1999 s. 3)

22. Regulations
The Secretary may make regulations—
(a) providing for—
(i) the making and determination of applications under section 7(1) or 9(1);
(ii) the payment of pensions or additional benefits; and
(iii) the lodging of appeals under section 11 and the practice and procedure of the Appeal Board;
(b) generally for the better carrying out of the provisions and objects of this Ordinance.

24. (Omitted as spent—E.R. 3 of 2022)