【法规名称】
【法规编号】 42117 什么是编号？
【正 文】
第2页 CAP 386 HONG KONG WAR MEMORIAL PENSIONS ORDINANCE
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[接上页] (d) that the applicant served as a member of any service specified in Schedule 1 between 7 December 1941 and 25 December 1941 and sustained an injury during such service or was captured by the Japanese and held in captivity for- (Amended 46 of 1999 s. 2) (i) any period not being a period falling exclusively before 30 December 1941; or (ii) any period exclusively before 30 December 1941 where the person was held at the prison camps at Argyle Street, Bowen Road Hospital, Ma Tau Chung, Ma Tau Wai, North Point or Sham Shui Po;(da) that the applicant served as a member of the service specified in Schedule 2 between 3 February 1942 and 1 September 1945 and during such service- (i) sustained an injury; or (ii) was captured and held in captivity by the Japanese authority in Hong Kong; (Added 46 of 1999 s. 2)(e) that the applicant- (i) is the widow or widower of a person who prior to his or her death would have fulfilled the conditions specified in paragraph (d) or (da); and (Amended 46 of 1999 s. 2) (ii) is unmarried;(f) that the applicant is the widow or widower of a person who- (i) served as a member in any service specified in Schedule 1 between 7 December 1941 and 25 December 1941; or (ii) served as a member in the service specified in Schedule 2 between 3 February 1942 and 1 September 1945, and who- (A) was killed in action; (B) died as a result of an injury sustained in action; or (C) died as a result of an injury or hardship sustained during such service, and the applicant is unmarried; (Replaced 46 of 1999 s. 2)(g) that the applicant was subject to torture by or under the order of the Japanese authority in Hong Kong during the period from 7 December 1941 to 1 September 1945; (h) that the applicant is the spouse of a person who fulfills the conditions specified in paragraph (g); (i) that the applicant is the widow or widower of a person executed by or under the order of the Japanese authority in Hong Kong during the period from 7 December 1941 to 1 September 1945 on any ground other than the commission of an offence which would have been punishable by a mandatory sentence of death penalty under the law of Hong Kong prevailing on 7 December 1941 had the offence been committed on that date and that the applicant is unmarried.(3) The Secretary may determine to reject an application for the status of an eligible beneficiary and where he does so, he shall give notice in writing to the applicant and the Chairman of the Committee stating the reasons for the determination. (4) Any condition specified in subsection (2) shall, except where the context otherwise permits, be construed as a continuing condition and accordingly, where a person is determined to be an eligible beneficiary by reason of his fulfillment of a condition set out in subsection (2), his entitlement to a pension shall extinguish if and when the condition ceases to be fulfilled by him. (Enacted 1991) Cap 386 s 8 Secretary to consult the Committee Before making any determination under section 7, the Secretary shall consult the Committee. (Enacted 1991) Cap 386 s 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. (Enacted 1991) Cap 386 s 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. (Enacted 1991) Cap 386 s 11 Appeals against determination of the Secretary PART IV APPEAL (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. (Enacted 1991) Cap 386 s 12 Appeal Board Remarks: Adaptation amendments retroactively made - see 67 of 1999 s. 3 (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) |
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