### Auxiliary Forces Pay and Allowances Ordinance 《輔助隊薪酬及津貼條例》

16. Regulations
(1) The Chief Executive in Council may make regulations for all or any of the following matters—
(a) the payment of gratuities and pensions and the provision of other benefits to members of the auxiliary forces;
(b) the payment of gratuities and pensions to widows, widowers, children and other dependants of members of the auxiliary forces;
(ba) for the purpose of paragraph (a), the appointment by the Secretary for Security of a medical board and the determination of the composition of the medical board in order to assess and re-assess the extent of injury and the percentage of permanent incapacity of members; (Added 20 of 1997 s. 18)
(c) any matter or thing which is to be or may be prescribed under this Ordinance. (Amended 23 of 1979 s. 11; 20 of 1997 s. 18)
(2) Without prejudice to the generality of subsection (1), a regulation made under subsection (1) may empower—
(a) the Chief Executive—
(i) or any person authorized in writing by the Chief Executive, to determine, in such circumstances as may be prescribed in the regulation, the rate of pensions payable;
(ii) to grant injury pensions and dependant pensions;
(iii) to determine the maximum amount of a death gratuity payable to a person named by him;
(iv) to name a person as the recipient of a death gratuity;
(v) to appoint an actuary for the purpose of commuting a dependant pension into a lump sum;
(vi) to determine the time for the cessation of the payment of a dependant pension to the mother or father of a deceased member;
(b) the Secretary for Security—
(i) to approve the time and the manner of the payment of an injury pension and a dependant pension;
(ii) to approve a longer period for the recipient of a dependant pension to apply for commutation of a dependant pension into a lump sum;
(iii) to divide the payment of the lump sum into which a dependant pension has been commuted into parts;
(iv) to accept a child as mentally or physically disabled for the payment of a dependant pension;
(c) the Permanent Secretary for Education to recognize full-time education at any university, college, school or other educational establishments; (Amended 3 of 2003 s. 41; L.N. 130 of 2007)
(d) the Legislative Council to vary the amount of dependant pension by resolution. (Added 20 of 1997 s. 18)
(Amended 71 of 1999 s. 3)

### Auxiliary Forces Pay and Allowances Ordinance 《輔助隊薪酬及津貼條例》

17. Regulation for appeal tribunal
The Secretary for Security may by regulation provide for the establishment of an appeal tribunal with power to review decisions in relation to a claim for a pension and matters incidental to an appeal to the tribunal.
(Added 20 of 1997 s. 19)

18. Pension not assignable
(1) A pension granted to a member 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 member,
and pensions shall not 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) Subject to paragraph (b), where any person to whom a pension is granted owes a debt to the Government, the Director of Accounting Services may apply the pension, 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 pension 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 such pension, exceed an amount equal to 25% of the pension.
(3) Each of the references in this section to pension shall be construed as including a reference to any increase in the pension which is for the time being authorized under section 4 of the Pensions (Increase) Ordinance (Cap. 305).
(Added 20 of 1997 s. 19)

### Pay Classification (Hong Kong Auxiliary Police Force) Assignment Notice 《薪酬級別(香港輔助警隊)編配公告》

1. Citation
This Notice may be cited as the Pay Classification (Hong Kong Auxiliary Police Force) Assignment Notice.
(71 of 1999 s. 3; E.R. 6 of 2020)

2. Assignment of pay classifications
The pay classification specified in column 2 of the Schedule is assigned to the rank of the Hong Kong Auxiliary Police Force specified opposite thereto in column 1 of the Schedule.
(L.N. 362 of 1997)

### Variation of Trusts Ordinance 《更改信託條例》

1. Short title
This Ordinance may be cited as the Variation of Trusts Ordinance.

2. Interpretation
In this Ordinance, unless the context otherwise requires—
discretionary interest (酌情權益) means an interest arising under the trust specified in section 35(1)(b) of the Trustee Ordinance (Cap. 29) or any like trust;
principal beneficiary (主要受益人) has the same meaning as in section 35 of the Trustee Ordinance (Cap. 29);
protective trusts (保護信託) means the trusts specified in section 35 of the Trustee Ordinance (Cap. 29) or any like trusts.
[cf. 1958 c. 53 s. 1(2) U.K.]

### Variation of Trusts Ordinance 《更改信託條例》

3. Jurisdiction of courts to vary trusts
(1) Where property is held on trusts arising, whether before or after the commencement* of this Ordinance, under any will, settlement or other disposition, the court may if it thinks fit by order approve on behalf of—
(a) any person having, directly or indirectly, an interest, whether vested or contingent, under the trusts who by reason of infancy or other incapacity is incapable of assenting; or
(b) any person (whether ascertained or not) who may be or may become entitled, directly or indirectly, to an interest under the trusts as being at a future date or on the happening of a future event a person of any specified description or a member of any specified class of persons, so however that this paragraph shall not include any person who would be of that description, or member of that class, as the case may be, if the said date had fallen or the said event had happened at the date of the application to the court; or 
(c) any person unborn; or
(d) any person in respect of any discretionary interest of his under protective trusts where the interest of the principal beneficiary has not failed or determined,
any arrangement (by whomsoever proposed, and whether or not there is any other person beneficially interested who is capable of assenting thereto) varying or revoking all or any of the trusts, or enlarging the powers of the trustees of managing or administering any of the property subject to the trusts:
Provided that except by virtue of paragraph (d) the court shall not approve an arrangement on behalf of any person unless the carrying out thereof would be for the benefit of that person.(2) Subject to the provisions of section 37(1)(b) of the District Court Ordinance (Cap. 336), the jurisdiction conferred by subsection (1) of this section shall be exercisable by the Court of First Instance. (Amended 25 of 1998 s. 2)
(3) Nothing in this section shall apply to trusts affecting property settled by Ordinance.
(4) Nothing in this section shall be taken to limit the powers conferred by section 12(2) of the High Court Ordinance (Cap. 4) or by section 56 of the Trustee Ordinance (Cap. 29). (Amended 92 of 1975 s. 58; 25 of 1998 s. 2)
[cf. 1958 c. 53 s. 1 U.K.]