| An Ordinance to make provision for the payment of pensions to be known as the Hong Kong War Memorial Pensions and other benefits to persons who have contributed to the defence of Hong Kong in the Pacific War, persons who have suffered in the War and spouses of such persons, for the establishment of a committee to advise on matters related to such pension and benefits and for incidental or connected matters. (Enacted 1991) [Sections 2, 3, 4, 7, 8, 10, 11 to 16, 21 and 22 ］ 1 September 1991 L.N. 348 of 1991 Sections 5, 6, 9, 17 to 20, 23 and 24 1 December 1991 L.N. 412 of 1991] (Originally 51 of 1991) Cap 386 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Hong Kong War Memorial Pensions Ordinance. (Enacted 1991) Cap 386 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "additional benefits" (附加利益) means the benefits payable under section 9; "Appeal Board" (上诉委员会) means the Hong Kong War Memorial Pensions Appeal Board constituted under section 13; "Committee" (顾问委员会) means the Hong Kong War Memorial Pensions Advisory Committee established under section 3; "eligible beneficiary" (合资格受益人) means a person determined by the Secretary under section 7(2) to be an eligible beneficiary; "injury" (伤病) includes wound and disease; "pension" (抚恤金) means the Hong Kong War Memorial Pensions under section 5; "Secretary" (局长) means the Secretary for Health, Welfare and Food; (Replaced L.N. 106 of 2002) "spouse" (配偶) when used in relation to a person means the person to whom the first-mentioned person is, by reason of the form of marriage contracted, lawfully married and without prejudice to the generality of the foregoing includes a concubine; "torture" (虐侍) includes physical and mental torture. (Enacted 1991) Cap 386 s 3 Hong Kong War Memorial Pensions Advisory Committee Remarks: Adaptation amendments retroactively made - see 67 of 1999 s. 3 PART II HONG KONG WAR MEMORIAL PENSIONS ADVISORY COMMITTEE (1) There shall be a Hong Kong War Memorial Pensions Advisory Committee. (2) The Committee shall consist of a Chairman and not less than 4 other members who shall all be appointed by the Chief Executive. (Amended 67 of 1999 s. 3) (3) Notice of any appointment under subsection (2) shall be published in the Gazette. (4) A member of the Committee- (a) shall hold office for such period as the Chief Executive may determine; (b) may resign at any time by giving notice in writing to the Chief Executive; (c) may be removed from office by the Chief Executive if the Chief Executive is satisfied that such member is incapacitated by physical or mental illness or is otherwise unable or unfit to discharge the function of a member of the Committee. (Amended 67 of 1999 s. 3)(5) The Committee may regulate its own procedure. (Enacted 1991) Cap 386 s 4 Function of the Committee The function of the Committee is to advise the Secretary on any question in connection with the administration of this Ordinance. (Enacted 1991) Cap 386 s 5 Payment of pension and additional benefits PART III PENSION AND ADDITIONAL BENEFITS There shall be charged on and paid out of the general revenue to the eligible beneficiaries in accordance with the provisions of this Ordinance pensions to be known as the Hong Kong War Memorial Pensions and additional benefits as provided in section 9. (Enacted 1991) Cap 386 s 6 Entitlement to pensions (1) Any eligible beneficiary shall be entitled, as from the date on which he is determined by the Secretary under section 7(2) to be an eligible beneficiary, subject to and in accordance with the provisions of this Ordinance, to a pension at the rate specified from time to time by the Secretary. (2) Except as otherwise provided in this Ordinance, the entitlement to the pension under subsection (1) shall be a right. (Enacted 1991) Cap 386 s 7 Application for the status of eligible beneficiaries (1) Application for the status of an eligible beneficiary shall be made to the Secretary. (2) Upon an application under subsection (1), the Secretary shall determine the applicant to be an eligible beneficiary if it is shown by the applicant to the satisfaction of the Secretary that the applicant fulfils any of the following conditions- (a) that the applicant was a beneficiary of the Hong Kong War Memorial Fund established under section 2 of the Hong Kong War Memorial Fund Ordinance (Cap 1026) immediately before the date on which this section comes into operation; (b) that the applicant was a beneficiary of the non-statutory fund known as the Far Eastern Relief Fund immediately before the date on which this section comes into operation; (c) that the applicant had applied for benefits under the aforementioned Hong Kong War Memorial Fund or Far Eastern Relief Fund and his application was rejected in the period from 18 February 1985 to the date on which this section comes into operation solely on the ground that his financial means exceeded the means threshold prescribed by the administration authority of the relevant Fund; |
