【法规名称】
【法规编号】 79843 什么是编号？
【正 文】
第3页 CAP 485B MANDATORY PROVIDENT FUND SCHEMES (EXEMPTION) REGULATION
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[接上页] (c) a particular relevant employer specified in the notice; or (d) a relevant employer belonging to a class of relevant employers specified in the notice. Cap 485B s 5 Exemption (1) The Authority may on an application in writing issue an exemption certificate to the relevant employer in respect of an ORSO exempted scheme if the Authority is satisfied that the application and the scheme comply with the requirements of or under this Regulation which are applicable to the application or scheme, as the case may be. (2) An application under this section shall be- (a) made by the relevant employer of the ORSO exempted scheme; (b) made in such form as may be specified by the Authority; (c) accompanied by- (i) the prescribed fee; and (ii) such information or documents (including statutory declarations) as may be specified by the Authority; and(d) made before the specified date.(3) Where the Authority receives an application under this section, the Authority may require the applicant to supply to the Authority such information or documents (including a legal opinion on a matter specified by the Authority) as the Authority shall specify which is reasonably required to enable him to determine the application. (4) Where the Authority refuses an application for an exemption certificate, he shall give notice in writing of the refusal to the applicant and the notice shall state the reason for the refusal. (5) An appeal under section 35 of the Ordinance against a decision of the Authority to refuse an application for an exemption certificate may be made by the applicant within 2 months after the date on which the notice concerned under subsection (4) is given. *(6) In this section, "specified date" (指明日期) means a date specified by the Authority- (a) by notice in the Gazette; and (b) for the purposes of this section._________________________________________________________________________________ Note: * 4 May 2000 was the day specified under this section - see Cap 485 sub. leg. D. Cap 485B s 6 Effect of exemption certificate Without prejudice to the operation of section 3, the effect of an exemption certificate is that the existing members and new members of the ORSO exempted scheme to which the certificate relates, and the relevant employer of the scheme, are each exempt from Part III of the Ordinance. Cap 485B s 7 Action to be taken by relevant employer to whom exemption certificate has been issued The relevant employer to whom an exemption certificate has been issued shall, as soon as is practicable- (a) cause the certificate to be exhibited at all times in a conspicuous position at- (i) his principal office in Hong Kong; (ii) if there is no such office, each premises where a member of the ORSO exempted scheme to which the certificate relates is employed; and(b) provide each member of the scheme with a copy of the certificate. Cap 485B s 8 Withdrawal of exemption certificate on application by relevant employer (1) The Authority may on an application in writing withdraw an exemption certificate where the Authority is satisfied that- (a) the grounds for withdrawal warrant the withdrawal; and (b) if the certificate is withdrawn, the relevant employer of the ORSO exempted scheme to which the certificate relates will not thereby be in breach of the provisions of the Ordinance.(2) An application under this section shall- (a) be made by the relevant employer; (b) state the grounds for making the application; (c) be made in such form as may be specified by the Authority; and (d) be accompanied by such information or documents (including statutory declarations) as may be specified by the Authority.(3) Where the Authority receives an application under this section, the Authority may require the applicant to supply to the Authority such information or documents (including a legal opinion on a matter specified by the Authority) as the Authority shall specify which is reasonably required to determine the application. (4) Where the Authority refuses an application to withdraw an exemption certificate, he shall give notice in writing of the refusal to the applicant and the notice shall state the reason for the refusal. (5) An appeal under section 35 of the Ordinance against a decision of the Authority to refuse an application to withdraw an exemption certificate may be made by the applicant within 2 months after the date on which the notice concerned under subsection (4) is given. Cap 485B s 9 Action to be taken by relevant employer where exemption certificate has been withdrawn under section 8 The relevant employer whose exemption certificate has been withdrawn under section 8 shall, as soon as is practicable, provide each member of the ORSO exempted scheme to which the certificate relates with a notice in writing stating- (a) that the certificate has been withdrawn; and (b) the date on which the withdrawal has taken or will take effect. Cap 485B s 10 Deemed withdrawal of exemption certificate where an ORSO exempted scheme is to cease to be such a scheme |
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