### Pensions Ordinance 《退休金條例》

16. Pension or allowance may be suspended on certain post-retirement employment
(1) The Chief Executive may direct that any pension or allowance granted to a person shall be suspended as from such date as the Chief Executive shall specify if such person has, within 2 years after his retirement and without the prior permission in writing of the Chief Executive—
(a) entered business on his own account;
(b) become a partner in a partnership;
(c) become a director of a company; or
(d) become an employee,
if the principal part of such business or the business of such partnership or company or of his employment is, in the opinion of the Chief Executive, carried on in Hong Kong, and such direction shall be forthwith notified in writing by the Secretary to the person concerned. (Amended 10 of 2005 s. 194)
(2) The Chief Executive may specify a period of more than 2 years for the purposes of subsection (1) where he thinks fit, and such specification shall be forthwith notified in writing by the Secretary to the person concerned. (Amended 10 of 2005 s. 194)
(3) A person who is aggrieved by any direction under subsection (1) or any specification under subsection (2) may, within 30 days of the notification to him of the direction or specification or such longer period as the Chief Executive may in any particular case permit, petition the Chief Executive against the direction or specification and the Chief Executive may confirm, vary or reverse the direction or specification as he thinks fit.
(4) Where a person whose pension or allowance has been suspended under subsection (1) ceases to be engaged in any of the capacities specified in that subsection, the Chief Executive may, if he is satisfied that the person has so ceased to be engaged, direct that the pension or allowance shall be restored to him with retrospective effect as from the date of cesser of the engagement or any later date as the Chief Executive shall specify, and the pension or allowance shall be restored accordingly.
(Replaced 36 of 1987 s. 36. Amended 63 of 1999 s. 3)

### Pensions Ordinance 《退休金條例》

20A. Chief Executive’s power to exempt or modify
(1) The Chief Executive may exempt any officer and his dependants from the application of any provisions of this Ordinance and the regulations made thereunder in any particular case, or may modify the application of any such provisions in any such case in the manner specified by him, where inequity results from the application of such provisions; but any such 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 63 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. (Replaced 4 of 1993 s. 13)
(Added 36 of 1987 s. 36)

### Pensions Ordinance 《退休金條例》

22. Provisions for officers transferred to Government from the service of the Government of Palestine
For the purposes of this Ordinance, any person holding office in the service of the Government of Palestine immediately before 15 May 1948 shall be deemed to continue in his office until either he is appointed to public service elsewhere, or, if he is not so appointed, he retires or is removed from his office.

23. Transitional
Nothing in the Employees’ Compensation (Amendment) (No. 2) Ordinance 2000 (52 of 2000) (the amending Ordinance

### Pensions Ordinance (Established Offices) Order 《退休金條例(設定職位)令》

1. Citation
This order may be cited as the Pensions Ordinance (Established Offices) Order.

2. Established office
Any office to which a declaration made in exercise of the powers conferred on the Chief Executive by section 2(1) of the Pension Benefits Ordinance (Cap. 99) for the time being applies is hereby declared to be an established office. 
(63 of 1999 s. 3)

3. Established office deemed to be such from certain date
An office to which the declaration in section 2 applies is deemed to be an established office from the date specified in—
(a) column 3 of Schedule 1 to the Pension Benefits Ordinance (Established Offices) Order (Cap. 99 sub. leg. J) opposite the mention in column 2 of Schedule 1 of that office; or
(b) column 2 of Schedule 2 to the Pension Benefits Ordinance (Established Offices) Order (Cap. 99 sub. leg. J) opposite the mention in column 1 of Schedule 2 of that office.
(L.N. 103 of 2008)

### Legal Officers (Fees and Costs) Rules 《律政人員(費用及訟費)規則》

1. Citation
These rules may be cited as the Legal Officers (Fees and Costs) Rules.

2. Fees and costs in contentious proceedings
(1) In any proceedings before any court or tribunal with regard to the matters referred to in section 4(1) of the Ordinance the fees and costs of and incidental to the conduct of such proceedings and the appearance of any legal officer shall be governed by Order 62 of the Rules of the High Court (Cap. 4 sub. leg. A). (E.R. 5 of 2021)
(2)  For the purpose of the Rules of the High Court (Cap. 4 sub. leg. A), and in the application of any other legislative provision as to fees and costs or the practice relating thereto, a legal officer shall be deemed to have the status of a barrister and solicitor duly admitted under the Legal Practitioners Ordinance (Cap. 159): (E.R. 5 of 2021)

Provided that, in consideration of an item which in a bill rendered by or against a private party would—
(a) consist of costs allowable to a solicitor solely in relation to employment of counsel; or
(b) consist of fees payable to counsel solely in relation to his instruction by a solicitor; or
(c) involve remuneration to both solicitor and counsel in respect of the same event,
the Registrar upon taxation shall be informed and shall take into consideration whether one or more legal officers were engaged upon preparation or upon hearing of the case.

(3) If in any such proceedings the legal officer for the time being carrying out the duties of Secretary for Justice or Solicitor General appears before any court or tribunal, whether or not that legal officer is a Senior Counsel, the court or tribunal, or the Registrar upon taxation, may provide for such fees and costs as are consequent upon the appearance of leading counsel. (94 of 1997 s. 16; L.N. 362 of 1997)
(25 of 1998 s. 2)

3. Non-contentious proceedings
For the purpose of any agreement for the payment of fees and costs in non-contentious matters a legal officer shall be deemed to have the status of a barrister and solicitor duly admitted under the Legal Practitioners Ordinance (Cap. 159).