11. Regulation 28 of the principal Regulations is deleted and the following regulation substituted therefor:“Allowance for injured police officers and awards, etc., upon death of police officer in certain cases justifying exceptional treatment |
28.—(1) For the purpose of this regulation —(a) | “police officer” and “senior police officer” mean, respectively, a member who is a police officer and a member who is a senior police officer; | (b) | a police officer shall be deemed to have sustained an injury in the execution of his duty if he is injured in any of the following circumstances:(i) | while on duty or on a journey necessary to enable him to report for duty or to return home after duty; | (ii) | while not on duty but in the performance of some act which is within the scope of a constable’s ordinary duties; | (iii) | in consequence of some act performed in the execution of his duty; or | (iv) | while acting as a fireman, or assisting in the extinguishment of fire, or in protecting life or property from fire; |
| (c) | any injury intentionally inflicted, or incurred in the performance of a duty involving special risks, shall be deemed to be a non-accidental injury; | (d) | “salary”, in relation to a member, means the basic salary and monthly variable component of the member’s total monthly salary; | (e) | “total disablement” means total loss of earning capacity in any employment, and, in the case of partial disablement, the degree of disablement shall be based upon the degree to which earning capacity is affected. |
(2) Where a police officer sustains a total disablement from an injury received in the execution of his duty, it shall be lawful for the award officer to grant to the police officer an allowance of the following amount:(a) | if the injury is non-accidental, the amount of the allowance shall be such proportion of the annual salary as specified in Scale No. 1 of the Third Schedule; | (b) | if the injury is accidental, the amount of the allowance shall be such proportion of the annual salary as specified in Scale No. 2 of the Third Schedule; or | (c) | if it is not possible to determine definitely whether the injury is accidental or non-accidental, the amount of the allowance shall be calculated at such rate intermediate between the rates specified in sub-paragraphs (a) and (b) as the Commissioner of Police may determine. |
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(3) Subject to paragraph (4), where a police officer sustains a partial disablement from an injury received in the execution of his duty, it shall be lawful for the award officer to grant to the police officer —(a) | an allowance of such proportion of the amount applicable in case of total disablement as the degree of disablement bears to total disablement; or | (b) | in cases recommended by the Commissioner of Police on the grounds of exceptional merit, an allowance of an amount not exceeding one year’s salary calculated at the rate of salary drawn by the disabled police officer at the time of the receipt of the injury. |
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(4) For the purpose of paragraph (3)(a) —(a) | if the injury is non-accidental, the allowance shall not be less than such proportion of the annual salary as specified in Scale No. 3 of the Third Schedule; and | (b) | if the injury is accidental, the allowance shall not be less than such portion of the annual salary as specified in Scale No. 4 of the Third Schedule, |
but in any case, the minimum allowance payable shall be $20 per month plus such amount as would from time to time be payable to a police officer of the same rank in respect of children’s allowances. |
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(5) Where a police officer who has completed 10 years of reckonable service sustains a permanent total disablement from an injury received in the execution of his duty which enables him to qualify for an award under paragraph (2), he may elect to be paid a compensation in lieu of that award, in which event it shall be lawful for the award officer to grant to the police officer as compensation —(a) | a sum equivalent to the amount calculated under the Workmen’s Compensation Act (Cap. 354), as if he were a workman under that Act; or | (b) | all moneys, whether vested or not, standing to the credit of the police officer in his Retention Account, Retirement Account and CPF Top-Up Account, if applicable, at the date of his injury, |
whichever is the greater. |
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(6) Where a police officer who —(a) | has completed 10 years of reckonable service; | (b) | has been retired on account of a permanent total disablement arising from an injury received in the execution of his duty; and | (c) | has been receiving an award under this regulation, |
dies within 5 years from the date he received the injury, an award officer may, subject to paragraph (7), grant to such of his dependants as the award officer may think fit, or if there are no dependants, to his legal personal representatives — |
(i) | an allowance in accordance with regulation 26(1), as if he had died from the injury; and | (ii) | as compensation —(A) | a sum equivalent to the amount calculated under the Workmen’s Compensation Act (Cap. 354), as if he had died as a result of the injury and as if he were a workman under that Act; or | (B) | all moneys, whether vested or not, standing to the credit of the police officer in his Retention Account, Retirement Account and CPF Top-Up Account, if applicable, as if he had died from the injury, |
whichever is the greater. |
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(7) Any compensation payable to the dependants or the legal personal representatives of a deceased police officer under paragraph (6)(ii) shall be reduced by the aggregate amount of the moneys already paid to the deceased police officer under regulation 18 from the date of his retirement to the date of his death, and where the aggregate amount of the moneys already paid to the deceased police officer under regulation 18 exceeds the compensation payable under paragraph (6)(ii), such excess amount shall, subject to paragraph (8), be recoverable by regular monthly deductions from the award payable to the dependants of the deceased police officer under regulation 26. |
(8) Any deduction made from an award payable to the dependants of a deceased police officer under paragraph (7) should, if it is reasonably practicable, leave a balance adequate for the maintenance of the dependants. |
(9) Where —(a) | a police officer who —(i) | was in the pensionable service prior to his conversion to the INVEST Plan; and | (ii) | has completed less than 10 years of reckonable service; or |
| (b) | a senior police officer who —(i) | was appointed on or after 1st October 2001; | (ii) | is not on the provident fund scheme applicable to non-pensionable employees of the Government under the Central Provident Fund Act (Cap. 36); and | (iii) | has completed less than 10 years of reckonable service, |
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sustains a permanent total disability from an injury received in the execution of his duty, it shall be lawful for an award officer to grant to such police officer or senior police officer as compensation in addition to an award payable under paragraph (2) — |
(A) | a sum equivalent to the amount calculated under the Workmen’s Compensation Act (Cap. 354), as if death has resulted from the injury and as if he were a workman under that Act; or | (B) | all moneys, whether vested or not, standing to the credit of the police officer or senior police officer in his Retention Account, Retirement Account and CPF Top-Up Account, if applicable, as if he had died from the injury, |
whichever is the greater. |
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(10) Where a police officer who —(a) | is on the provident fund scheme applicable to non-pensionable employees of the Government under the Central Provident Fund Act (Cap. 36); and | (b) | has completed less than 10 years of reckonable service, |
sustains a permanent total disablement from an injury received in the execution of his duty which enables him to qualify for an award under paragraph (2), he may elect to be paid a compensation in lieu of the said award, in which event it shall be lawful for an award officer to grant to the police officer as compensation — |
(i) | a sum equivalent to the amount calculated under the Workmen’s Compensation Act as if he were a workman under that Act; or | (ii) | all moneys, whether vested or not, standing to the credit of the police officer in his Retention Account, Retirement Account and CPF Top-Up Account, if applicable, as if he had died from the injury, |
whichever is the greater. |
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(11) Where a police officer sustains a permanent partial disablement from an injury received in the execution of his duty and is entitled to an award payable under paragraph (3), he may elect to be paid a compensation in lieu of that award, in which event an award officer may grant to the police officer as compensation a sum equivalent to the amount calculated for permanent partial disablement under the Workmen’s Compensation Act, as if he were a workman under that Act. |
(12) Where a police officer or, on his death, his dependants or legal personal representatives is or are entitled to receive any benefit under regulation 26, an award officer may on the ground of exceptional circumstances increase the amount of benefits payable by a further 30%. |
(13) The aggregate amount of any allowance and the additional 30% of such award payable to the police officer or his dependants under paragraph (12) shall not exceed the police officer’s last drawn emoluments. |
(14) This regulation shall apply, with the necessary modifications, to an intelligence officer and for this purpose —(a) | any reference to a police officer shall be read as a reference to an intelligence officer; and | (b) | any reference to the Commissioner of Police shall be read as a reference to the Director, Internal Security Department.”. |
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