Hong Kong War Memorial Pensions (Amendment) Bill 1999



Amend the Hong Kong War Memorial Pensions Ordinance.

Enacted by the Legislative Council.

1. Short title

This Ordinance may be cited as the Hong Kong War Memorial Pensions (Amendment) Ordinance 1999.

2. Application for the status of

eligible beneficiaries

Section 7(2) of the Hong Kong War Memorial Pensions Ordinance (Cap. 386) is amended---

(a) in paragraph (d), by repealing "the Schedule" and substituting "Schedule 1";

(b) by adding---

"(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;";

(c) in paragraph (e)(i), by adding "or (da)" after "(d)";

(d) by repealing paragraph (f) and substituting---

"(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;".

3. Chief Executive may amend Schedules

Section 21 is amended by repealing "the Schedule" and substituting "Schedule 1 or 2".

4. Schedule amended

The Schedule is amended---

(a) by renumbering it as Schedule 1;

(b) by repealing "[s. 7(2)]" and substituting "[ss. 7(2) & 21]".

5. Schedule added

The following is added---

"SCHEDULE 2 [ss. 7(2) & 21]

The Hong Kong Independent Battalion of the Dongjiang Column.".

Explanatory Memorandum

This Bill amends the Hong Kong War Memorial Pensions Ordinance (Cap. 386) to expand the range of eligible beneficiaries who may be entitled to a pension under the Ordinance.