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[接上页] An exemption certificate shall be deemed to be withdrawn on the date on which a withdrawal- (a) under section 12 of the relevant Ordinance; and (b) of the exemption certificate, within the meaning of section 2 of the relevant Ordinance, issued in respect of the ORSO exempted scheme to which the first-mentioned certificate relates,comes into effect in accordance with section 14 of the relevant Ordinance. Cap 485B s 11 Proposal to withdraw exemption certificate (1) The Authority may issue a proposal to withdraw an exemption certificate where it appears to the Authority that any of the requirements of or under this Regulation applicable to or in relation to the ORSO exempted scheme to which the certificate relates are not, or are no longer, being complied with. (2) Where the Authority issues a proposal under subsection (1), the Authority shall give a notice in writing of the proposal to the relevant employer of the ORSO exempted scheme to which the proposal relates requiring the employer to- (a) cause a copy of the notice to be sent to each member of the scheme who is a relevant employee; or (b) display an appropriate notice of the Authority's notice and make the latter available for inspection by such member.(3) A notice given by the Authority under subsection (2) shall- (a) state the reason for issuing the proposal; and (b) state that representations or objections as regards the proposed withdrawal may be made to the Authority within such period (being a period of not less than 1 month beginning on the date on which the notice is given) as shall be specified in the notice.(4) The Authority may on an application in writing- (a) withdraw a proposal issued under subsection (1); or (b) extend the period referred to in subsection (3). Cap 485B s 12 Withdrawal of exemption certificate (1) The Authority may withdraw an exemption certificate if, after considering representations or objections made during the period set out in a notice given under section 11(2), the Authority is satisfied that any of the requirements of or under this Regulation applicable to or in relation to the ORSO exempted scheme to which the certificate relates are not, or are no longer, being complied with. (2) Where the Authority withdraws an exemption certificate, the Authority shall give a notice in writing of the withdrawal to the relevant employer of the ORSO exempted scheme to which the withdrawal relates requiring the employer to- (a) cause a copy of the notice to be sent to each member of the scheme who is a relevant employee; or (b) display an appropriate notice of the Authority's notice and make the latter available for inspection by such member.(3) A notice given by the Authority under subsection (2) shall- (a) state the decision of the Authority; (b) state that appeal against the withdrawal may be made to the Appeal Board within 2 months after the date on which the notice is given; and (c) state the date on which the withdrawal will come into effect.(4) An appeal under section 35 of the Ordinance against a withdrawal of an exemption certificate may be made by the relevant employer of the ORSO exempted scheme to which the certificate relates within 2 months after the date on which the notice concerned under subsection (2) is given. Cap 485B s 13 Coming into effect of Authority's withdrawal (1) A withdrawal under section 12 shall not come into effect- (a) where no appeal is made in relation to it under section 35 of the Ordinance, until the period during which such appeal may be made has expired; or (b) where such an appeal is made, pending determination of the appeal or, in case such appeal is withdrawn, before such withdrawal.(2) Where the Authority withdraws an exemption certificate, in order to afford an opportunity to enable- (a) the requirement of or under this Regulation which caused the Authority to withdraw the certificate to be complied with; or (b) the ORSO exempted scheme to which the certificate relates to be registered under section 18(1) of the relevant Ordinance,the Authority may defer the coming into effect of the withdrawal and, if so, shall give a notice in writing of the deferment of the withdrawal to the relevant employer of the scheme. (3) The Authority shall give a notice in writing of the coming into effect of the withdrawal to the relevant employer of the ORSO exempted scheme to which the withdrawal relates requiring the employer to- (a) cause a copy of the notice to be sent to each member of the scheme who is a relevant employee; or (b) display an appropriate notice of the Authority's notice and make the latter available for inspection by such member. Cap 485B s 14 Certain ORSO registered schemes which are not relevant ORSO registered schemes may be treated as relevant ORSO registered schemes PART III EXEMPTION OF ORSO REGISTERED SCHEMES(1) The Authority may on an application in writing issue a certificate stating that an ORSO registered scheme (not being a relevant ORSO registered scheme) specified in the certificate shall be treated as a relevant ORSO registered scheme if, but only if- |