Cap 80 - PENSIONS (SPECIAL PROVISIONS) (HOSPITAL AUTHORITY) ORDINANCE 1

Chapter: 80 PENSIONS (SPECIAL PROVISIONS) (HOSPITAL
AUTHORITY) ORDINANCE

Gazette Number Version Date


Long title 30/06/1997


An Ordinance to make provision as regards the pensions, allowances, gratuities and pension benefits of certain
officers transferred from service under the Government to service under the Hospital Authority.

(Enacted 1992)


[1 December 1991]


(Originally 4 of 1992)

Section: 1 Short title 30/06/1997


(1) This Ordinance may be cited as the Pensions (Special Provisions) (Hospital Authority) Ordinance.
(2) (Omitted as spent)

(Enacted 1992)

Section: 2 Interpretation 30/06/1997


In this Ordinance, unless the context otherwise requires-
"aggregate service" (總計服務) means the total length of service of an officer under the Government and the Hospital

Authority;
"allowance" (津貼) includes an "annual allowance" (年積金) payable under the Pensions Ordinance (Cap 89);
"death gratuity" (死亡恩恤金), in relation to a transferred officer, means-

(a) where the Pensions Ordinance (Cap 89) applied to him immediately before his transfer, a death
gratuity payable under that Ordinance; or

(b) where the Pension Benefits Ordinance (Cap 99) applied to him immediately before his transfer, a death
gratuity as defined in section 2(1) of that Ordinance;

"gratuity" (恩恤金、酬金) means a gratuity payable under the Pensions Ordinance (Cap 89);
"highest pensionable emoluments" (最高可供計算退休金的薪酬), in relation to a transferred officer, means-

(a) where the Pensions Ordinance (Cap 89) applied to him immediately before his transfer, highest
pensionable emoluments as defined in section 2(1) of that Ordinance; or

(b) where the Pension Benefits Ordinance (Cap 99) applied to him immediately before his transfer, highest
pensionable emoluments as defined in section 2(1) of that Ordinance;

"Hospital Authority" (醫院管理局) means the Hospital Authority established by section 3 of the Hospital Authority
Ordinance (Cap 113);

"non-pensionable officer" (非可享有退休金人員) has the meaning assigned to it by regulation 25 of the Pensions
Regulations (Cap 89 sub. leg. A);

"pension" (退休金), in relation to a transferred officer, means-
(a) where the Pensions Ordinance (Cap 89) applied to him immediately before his transfer, a pension

payable under that Ordinance; or
(b) where the Pension Benefits Ordinance (Cap 99) applied to him immediately before his transfer, a

pension payable under that Ordinance;
"pension benefits" (退休金利益 ) means pension benefits as defined in section 2(1) of the Pension Benefits

Ordinance (Cap 99);
"pensionable emoluments" (可供計算退休金的薪酬), in relation to a transferred officer, means-

(a) where the Pensions Ordinance (Cap 89) applied to him immediately before his transfer, pensionable
emoluments as defined in section 2(1) of that Ordinance; or

(b) where the Pension Benefits Ordinance (Cap 99) applied to him immediately before his transfer,
pensionable emoluments as defined in section 2(1) of that Ordinance;



Cap 80 - PENSIONS (SPECIAL PROVISIONS) (HOSPITAL AUTHORITY) ORDINANCE 2

"pensionable service" (可供計算退休金的服務), in relation to a transferred officer, means-
(a) where the Pensions Ordinance (Cap 89) applied to him immediately before his transfer, pensionable

service as defined in section 2(1) of that Ordinance; or
(b) where the Pension Benefits Ordinance (Cap 99) applied to him immediately before his transfer,

pensionable service as defined in section 2(1) of that Ordinance;
"service under the Hospital Authority" (醫院管理局服務) means service rendered by a transferred officer in the

employment of the Hospital Authority on terms and conditions thereof, but does not include service rendered by
an officer who is, while remaining in service under the Government, directed by the Government to work in a
hospital the management and control of which has been vested in the Hospital Authority;

"short service gratuity" (短期服務酬金) means short service gratuity as defined in section 2(1) of the Pension
Benefits Ordinance (Cap 99);

"transferred officer" (轉任人員) means an officer referred to in section 3(1).
(Enacted 1992)


Section: 3 Application 63 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 63 of 1999 s. 3


(1) This Ordinance applies to an officer-
(a) transferring from service under the Government to service under the Hospital Authority;
(b) who is, immediately before such transfer, an officer to whom the Pensions Ordinance (Cap 89) or the

Pension Benefits Ordinance (Cap 99) applied; and
(c) whose transfer to service under the Hospital Authority is specified for the purposes of this section by

the Chief Executive by notice published in the Gazette. (Amended 63 of 1999 s. 3)
(2) A notice referred to in subsection (1) shall specify the date on which the transfer to which it relates occurred

or, where appropriate, is to occur.
(Enacted 1992)


Section: 4 Options 30/06/1997


(1) An officer serving under the Government who is to be transferred to service under the Hospital Authority
may opt to have either the provisions of section 5 or the provisions of section 6 applied to or in respect of him as
regards any pension, allowance, gratuity or pension benefits.

(2) The option referred to in subsection (1) shall be exercised, not later than the day preceding the date of such
officer's transfer, under and in accordance with the terms offered on behalf of the Government for the purposes of this
section.

(3) Where an officer fails to exercise his option under this section, he shall be regarded as remaining in service
under the Government.

(Enacted 1992)

Section: 5 Application of Pensions Ordinance (Cap 89) and Pension

Benefits Ordinance (Cap 99) extended
30/06/1997



(1) Where a transferred officer is an officer to whom the Pensions Ordinance (Cap 89) applied immediately
before his transfer and he has opted under section 4 to have the provisions of this section applied to or in respect of
him, then for so long as he is in the service under the Hospital Authority that Ordinance shall continue to apply to him
and accordingly, subject to subsection (3), any such service rendered by him shall for the purposes of this subsection
be regarded as being pensionable service or, in case immediately before such transfer, the officer was rendering
service which could be taken into account for computing an annual allowance or gratuity, his service under the
Hospital Authority shall for such purposes be regarded as being service which may be so taken into account.

(2) Where a transferred officer is an officer to whom the Pension Benefits Ordinance (Cap 99) applied
immediately before his transfer and he has opted under section 4 to have the provisions of this section applied to or in
respect of him, then for so long as he is in the service under the Hospital Authority that Ordinance shall continue to



Cap 80 - PENSIONS (SPECIAL PROVISIONS) (HOSPITAL AUTHORITY) ORDINANCE 3

apply to him and accordingly, subject to subsection (3), any such service rendered by him shall for the purposes of this
subsection be regarded as being pensionable service.

(3) Nothing in subsection (1) or (2) shall be construed as, where the officer is transferred to service under the
Hospital Authority within a period of absence from duty on leave with salary immediately before the final termination
of his service under the Government, allowing the period between the commencement of service under the Hospital
Authority and the expiration of such period of absence to be regarded as being both a period of service under the
Government and a period of service under the Hospital Authority for the purpose of determining the length of
pensionable service or service to be taken into account for computing an annual allowance or gratuity under this
section.

(Enacted 1992)

Section: 6 Rights under Pensions Ordinance (Cap 89) and Pension

Benefits Ordinance (Cap 99) frozen
30/06/1997



(1) Where a transferred officer is an officer to whom the Pensions Ordinance (Cap 89) applied immediately
before his transfer and he has opted under section 4 to have the provisions of this section applied to or in respect of
him, the following provisions shall apply-

(a) where his aggregate service would have qualified him, had it been wholly under the Government, for a
pension, annual allowance or gratuity under the Pensions Ordinance (Cap 89) he shall, on his
retirement from service under the Hospital Authority in circumstances permitted by the Authority, be
granted in respect of his service under the Government, as the case may be-
(i) a pension in accordance with the provisions of regulation 10(1) of the Pensions Regulations (Cap

89 sub. leg. A);
(ii) an annual allowance the amount of which shall be computed according to regulation 26(1) of the

Pensions Regulations (Cap 89 sub. leg. A) as though the provisions of regulation 10(1) of those
regulations applied and "pension" in that regulation included an annual allowance;

(iii) a gratuity the amount of which shall be computed according to regulation 27 of the Pensions
Regulations (Cap 89 sub. leg. A) as though the provisions of regulation 10(1) of those
regulations applied and "pension" in that regulation included a gratuity; or

(iv) an annual allowance or gratuity the amount of which shall be computed according to regulation
28 of the Pensions Regulations (Cap 89 sub. leg. A) as though the provisions of regulation 10(1)
of those regulations applied and "pension" in that regulation included an annual allowance or
gratuity,

and his service under the Hospital Authority shall be regarded as being public service for the purposes
of regulation 10(1) of the Pensions Regulations (Cap 89 sub. leg. A);

(b) where his aggregate service does not qualify him for a pension, annual allowance or gratuity under
paragraph (a), he shall however, on his retirement from service under the Hospital Authority in
circumstances permitted by the Authority, be granted in respect of his service under the Government,
as the case may be-
(i) a gratuity in accordance with the provisions of regulation 12 of the Pensions Regulations (Cap 89

sub. leg. A) as though "pension" in that regulation referred to a pension granted under paragraph
(a);

(ii) a gratuity the amount of which shall be computed according to regulation 26(8) of the Pensions
Regulations (Cap 89 sub. leg. A) as though the provisions of regulation 12 of those regulations
applied; or

(iii) a gratuity the amount of which shall be computed according to regulation 28(1)(a) of the
Pensions Regulations (Cap 89 sub. leg. A) as though the provisions of regulation 12 of those
regulations applied,

and his service under the Hospital Authority shall be regarded as being public service for the purposes
of regulation 12 of the Pensions Regulations (Cap 89 sub. leg. A);

(c) where he dies while in service under the Hospital Authority after completing not less than 2 years'
aggregate service, there shall be paid in respect of his service under the Government, as the case may
be-
(i) a death gratuity the amount of which shall be computed according to section 17(1) of the

Pensions Ordinance (Cap 89) but shall not in any case be supplemented under section 17(4) of



Cap 80 - PENSIONS (SPECIAL PROVISIONS) (HOSPITAL AUTHORITY) ORDINANCE 4

that Ordinance; or
(ii) a gratuity the amount of which shall be computed according to regulation 29(2) of the Pensions

Regulations (Cap 89 sub. leg. A) as though the words "or where appropriate the commuted
annual allowance gratuity supplemented in accordance with paragraph (2A)," were omitted from
paragraph (2)(a)(ii) of that regulation;

(d) where he dies after retirement from service under the Hospital Authority-
(i) having been granted, or having become eligible for, a pension under this subsection, there shall

be paid in respect of his service under the Government a death gratuity in accordance with the
provisions of section 17(3) of the Pensions Ordinance (Cap 89); or

(ii) having been granted, or having become eligible for, an annual allowance under this subsection,
there shall be granted in respect of his service under the Government a gratuity in accordance
with the provisions of regulation 29(6) of the Pensions Regulations (Cap 89 sub. leg. A) as
though the words "supplemented in accordance with paragraph (2A)" were omitted from that
regulation;

(e) a pension, annual allowance or gratuity which has been granted under this subsection may be
cancelled, suspended, reduced or may cease, as the case may be, under the circumstances stated in and
in accordance with the provisions of section 11, 13, 15 or 15A of the Pensions Ordinance (Cap 89);

(f) a pension, annual allowance or gratuity granted under this subsection shall not be assignable or
transferable except for the purposes of and in accordance with the provisions of section 12 of the
Pensions Ordinance (Cap 89).

(2) Where a transferred officer is an officer to whom the Pension Benefits Ordinance (Cap 99) applied
immediately before his transfer and he has opted under section 4 to have the provisions of this section applied to or in
respect of him, the following provisions shall apply-

(a) where his aggregate service would have qualified him, had it been wholly under the Government, for a
pension under the Pension Benefits Ordinance (Cap 99) he shall, on his retirement from service under
the Hospital Authority in circumstances permitted by the Authority, be granted in respect of his service
under the Government a pension in accordance with the provisions of regulation 9(1) of the Pension
Benefits Regulations (Cap 99 sub. leg. A) and his service under the Hospital Authority shall be
regarded as being public service for the purposes of that regulation;

(b) where his aggregate service does not qualify him for a pension under paragraph (a), he shall however,
on his retirement from service under the Hospital Authority, be granted in respect of his service under
the Government a short service gratuity in accordance with the provisions of section 32 of the Pension
Benefits Ordinance (Cap 99), the amount of which shall be computed according to regulation 11 of the
Pension Benefits Regulations (Cap 99 sub. leg. A) as though "pension" where it secondly occurs in
that regulation referred to a pension granted under paragraph (a), and his service under the Hospital
Authority shall be regarded as being public service for the purposes of section 32 of that Ordinance;

(c) where he resigns from service under the Hospital Authority, with the approval of the Authority and the
Secretary for the Civil Service, after completing an aggregate service of not less than 10 years, he shall
be granted in respect of his service under the Government a pension as though section 11(1)(j) of the
Pension Benefits Ordinance (Cap 99) applied to him and payment of such pension shall be deferred in
accordance with the provisions of section 7(a) of that Ordinance;

(d) there shall be paid in respect of his service under the Government a death gratuity-
(i) where he dies while in service under the Hospital Authority after completing not less than 2

years' aggregate service, the amount of which shall be computed according to section 20(2) of the
Pension Benefits Ordinance (Cap 99) which shall not in any case be supplemented under section
20(6) of that Ordinance;

(ii) where he has been granted a deferred pension under paragraph (c) and dies before such deferred
pension is paid to him, in accordance with the provisions of section 20(5)(a) of the Pension
Benefits Ordinance (Cap 99); or

(iii) where he dies after retirement from service under the Hospital Authority having been granted, or
having become eligible for, a pension under this subsection, in accordance with the provisions of
section 20(4) of the Pension Benefits Ordinance (Cap 99);

(e) a pension which has been granted under this subsection may be cancelled, suspended, reduced or may
cease, as the case may be, under the circumstances stated in and in accordance with the provisions of
section 26, 28, 29 or 29A of the Pension Benefits Ordinance (Cap 99);



Cap 80 - PENSIONS (SPECIAL PROVISIONS) (HOSPITAL AUTHORITY) ORDINANCE 5

(f) pension benefits granted under this subsection shall not be assignable or transferable except for the
purposes of and in accordance with the provisions of section 31 of the Pension Benefits Ordinance
(Cap 99).

(3) Subject to subsection (4), the amount of pension, annual allowance, gratuity or pension benefits payable
under this section shall be computed by reference to the salary payable at the date when the payment of such pension,
annual allowance, gratuity or pension benefits falls due in respect of-

(a) the salary point reached by the officer in his substantive rank in the Government service at the date
immediately before his transfer to service under the Hospital Authority;

(b) in the case that the officer is transferred to service under the Hospital Authority within a period of
absence from duty on leave with salary immediately before the final termination of his service under
the Government, the salary point reached by the officer in his substantive rank in the Government
service at the date immediately before the expiration of such period of absence; or

(c) if the salary point mentioned in paragraph (a) or (b) is replaced due to a revision of salary structure, the
salary point equivalent thereto in force when such payment falls due.

(4) Where a deferred pension is payable under subsection (2)(c) or a death gratuity is payable under subsection
(2)(d)(ii) the amount of such deferred pension or death gratuity shall be computed by reference to the highest
pensionable emoluments enjoyed or drawn by the officer in his substantive rank in the Government service which
would have been taken for the purpose of computing his pension if he had retired and been granted a pension-

(a) at the date of his transfer; or
(b) in the case that the officer is transferred to service under the Hospital Authority within a period of

absence from duty on leave with salary immediately before the final termination of his service under
the Government, at the date of expiration of such period of absence.

(Enacted 1992)

Section: 7 (Omitted as spent) 30/06/1997


(Enacted 1992)