【法规名称】
【法规编号】 79843 什么是编号？
【正 文】
第7页 CAP 485B MANDATORY PROVIDENT FUND SCHEMES (EXEMPTION) REGULATION
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[接上页] (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 Cap 485B s 20 Action to be taken by relevant employer where exemption certificate has been withdrawn under section 19 The relevant employer whose exemption certificate has been withdrawn under section 19 shall, as soon as is practicable, provide each member of the relevant ORSO registered scheme to which the certificate relates with a notice in writing stating- (a) that the certificate has been withdrawn; and (b) the date on which the withdrawal has taken or will take effect.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 21 Deemed withdrawal of exemption certificate where relevant ORSO registered scheme is to cease to be such a scheme An exemption certificate shall be deemed to be withdrawn on the date on which a cancellation- (a) under section 45 of the relevant Ordinance; and (b) of the registration under section 18 of the relevant Ordinance of the relevant ORSO registered scheme to which the certificate relates,comes into effect in accordance with section 47 of the relevant Ordinance. Cap 485B s 22 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 and in relation to the relevant ORSO registered scheme to which the certificate relates (including any conditions specified in the certificate) 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 relevant ORSO registered 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 23 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 22(2), the Authority is satisfied that any of the requirements of or under this Regulation applicable to or in relation to the relevant ORSO registered scheme to which the certificate relates (including any mandatory conditions) 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 relevant ORSO registered 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 relevant ORSO registered scheme to which the certificate relates within 2 months after the date on which the notice concerned under subsection (2) is given. |
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