【法规名称】
【法规编号】 42117 什么是编号？
【正 文】
第4页 CAP 386 HONG KONG WAR MEMORIAL PENSIONS ORDINANCE
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[接上页] (Enacted 1991) Cap 386 s 16 Offence PART V MISCELLANEOUS Any person who for the purposes of an application under section 7(1) or 9(1) or an appeal under section 11, whether by himself or any other person- (a) makes any statement which- (i) is false in a material particular; and (ii) he knows to be false, or has no reasonable ground to believe to be true, in such particular;(b) produces, supplies or otherwise makes use of any document or record which- (i) is false in a material particular; and (ii) he knows to be false, or has no reasonable ground to believe to be true, in such particular; or(c) wilfully conceals, in the case of an application under section 7(1) or 9(1), any fact which he ought reasonably know to be likely to influence the Secretary's determination of the application,commits an offence and is liable to a fine of $20000 and to imprisonment for 6 months. (Enacted 1991) Cap 386 s 17 Recovery of pension or benefits in case of mistake etc. Remarks: Adaptation amendments retroactively made - see 67 of 1999 s. 3 Where any person receives a pension or additional benefits and- (a) such pension or benefits is paid in consequence of ignorance of, or a mistake as to, a material fact, or of a mistake as to the law; or (b) the person is convicted of an offence under section 16 in respect of such pension or benefits,the Government may recover an amount equivalent to such pension or benefits from the person as a debt due to the Government. (Enacted 1991. Amended 67 of 1999 s. 3) Cap 386 s 18 Protection of entitlement to pension Remarks: Adaptation amendments retroactively made - see 67 of 1999 s. 3 The pension shall not be liable to be attached, charged, sequestered or levied upon for or in respect of any debt or claim whatsoever, other than a debt due to the Government. (Enacted 1991. Amended 67 of 1999 s. 3) Cap 386 s 19 Entitlement to pension not transferable Remarks: Adaptation amendments retroactively made - see 67 of 1999 s. 3 (1) The entitlement of an eligible beneficiary to a pension 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 (Amended 67 of 1999 s. 3) (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 eligible beneficiary.(2) The entitlement of an eligible beneficiary to a pension shall not pass to any other person by operation of law. (Enacted 1991) Cap 386 s 20 Entitlement to pension not to survive death The entitlement of an eligible beneficiary to a pension shall not survive for the benefit of his estate on his death. (Enacted 1991) Cap 386 s 21 Chief Executive may amend Schedules Remarks: Adaptation amendments retroactively made - see 67 of 1999 s. 3 The Chief Executive may amend Schedule 1 or 2 by order published in the Gazette. (Enacted 1991. Amended 46 of 1999 s. 3; 67 of 1999 s. 3) Cap 386 s 22 Regulations The Secretary may make regulations- (a) providing for- (i) the making and determination of applications under section 7(1) or 9(1); (ii) the payment of pensions or additional benefits; and (iii) the lodging of appeals under section 11 and the practice and procedure of the Appeal Board;(b) generally for the better carrying out of the provisions and objects of this Ordinance. (Enacted 1991) Cap 386 s 23 (Omitted as spent) (Omitted as spent) Cap 386 s 24 (Omitted as spent) (Omitted as spent) Cap 386 Sched 1 SCHEDULE 1 [sections 7(2) & 21] (Amended 46 of 1999 s. 4) 1. The Hong Kong Naval Volunteer Force 2. The Hong Kong Royal Naval Reserve 3. The Hong Kong Volunteer Defence Corps and the Auxiliary and Affiliated Units thereof 4. The Hong Kong Corps of Air Raid Wardens 5. The Police Force, the Hong Kong Police Reserve and the special constabulary established under the Peace Preservation Ordinance 1886 6. The Hong Kong Civil Defence Corps- Auxiliary Communications Service Auxiliary Conservancy Corps Auxiliary Fire Service Auxiliary Labour Corps Auxiliary Medical Corps Auxiliary Nursing Service Auxiliary Ordnance Corps Auxiliary Quartering Corps Auxiliary Rescue and Demolition Corps Auxiliary Supply Corps Auxiliary Transport Service Civil Pay and Accounts Service Public Works Corps 7. The Regular Armed Forces and the Royal Naval Yard Police including uniformed personnel attached to such Forces and Police (not including persons not locally recruited or not locally attached or not, as on 25 December 1941, married to persons ordinarily resident in Hong Kong) 8. The St. John Ambulance Brigade 9. The Hong Kong Dockyard Defence Corps (Enacted 1991) Cap 386 Sched 2 [sections 7(2) & 21] The Hong Kong Independent Battalion of the Dongjiang Column. (Added 46 of 1999 s. 5) |
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