Volunteer and Naval Volunteer Pensions (Amendment) Bill 1999

---

Amend the Volunteer and Naval Volunteer Pensions Ordinance.

Enacted by the Legislative Council.

1. Short title

This Ordinance may be cited as the Volunteer and Naval Volunteer Pensions (Amendment) Ordinance 1999.

2. Section substituted

Section 35 of the Volunteer and Naval Volunteer Pensions Ordinance (Cap. 202) is repealed and the following substituted---

"35. Amendment of Schedules

(1) The Secretary for Health and Welfare may, by order, amend any of the Schedules.

(2) Without affecting the generality of subsection (1), the Secretary for Health and Welfare may, by order, amend---

(a) the monthly rates set out in column 2 of Schedule 3;

(b) the amounts set out in column 3 of Part I of Schedule 4;

(c) the amounts set out in column 3 of Part II of Schedule 4;

(d) the monthly rates set out in column 2 of Schedule 5;

(e) the monthly rates set out in columns 2 and 3 of Schedule 6;

(f) the monthly rates set out in column 2 of Schedule 7;

(g) the monthly rates set out in column 2 of Schedule 8,

in accordance with the percentage of increase declared in a notice made under section 4(1C) of the Pensions (Increase) Ordinance (Cap. 305).

(3) An order under subsection (1) or (2) shall be published in the Gazette.

(4) An order under subsection (2) shall take effect on the same date as specified in the notice referred to in that subsection.

(5) Section 34 of the Interpretation and General Clauses Ordinance (Cap. 1) shall not apply in respect of an order under subsection (2).".

Explanatory Memorandum

The purpose of this Bill is to amend the Volunteer and Naval Volunteer Pensions Ordinance (Cap. 202) to empower the Secretary for Health and Welfare to make orders to adjust the rates of pensions, gratuities and other allowances specified in Schedules 3 to 8 to the Ordinance in accordance with the percentage increase for the civil service pensions. Such orders shall take retrospective effect, and are not subject to the requirement under section 34 of the Interpretation and General Clauses Ordinance (Cap. 1) that all subsidiary legislation shall be laid before the Legislative Council.