【法规名称】
【法规编号】 79843 什么是编号？
【正 文】
第8页 CAP 485B MANDATORY PROVIDENT FUND SCHEMES (EXEMPTION) REGULATION
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[接上页] Cap 485B s 24 Coming into effect of Authority's withdrawal (1) A withdrawal under section 23 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made has expired; or (b) where such an appeal is made, pending determination of the appeal or, in case such appeal is withdrawn, before such withdrawal.(2) Where the Authority withdraws an exemption certificate, in order to afford an opportunity to enable the requirement of or under this Regulation which caused the Authority to withdraw the certificate to be complied with (including any mandatory conditions), 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 withdrawal to the relevant employer of the relevant ORSO registered scheme to which the certificate 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 25 Application of provisions of this Regulation in the case of a scheme which is a group scheme under section 67 of the relevant Ordinance PART IV MISCELLANEOUSWhere an application under section 5 or 16 is made in the case of an ORSO exempted scheme or relevant ORSO registered scheme, as the case may be, which is a group scheme under section 67 of the relevant Ordinance, then the provisions of this Regulation, with all necessary modifications, shall apply as follows- (a) the application shall be deemed to be made by each relevant employer of the scheme; (b) an application under section 8 or 19 by the representative employer shall be deemed to be made by each relevant employer of the scheme; (c) a duty under section 9, 11(2), 12(2), 13(3), 20, 22(2), 23(2) or 24(3) which is required to be discharged in relation to a member of the scheme shall be discharged by the relevant employer of the member; (d) a notice given under section 4(8), 5(4), 8(4), 11(2), 12(2), 13(2) or (3), 15(8), 19(4), 22(2), 23(2) or 24(2) or (3) to the representative employer shall be deemed to have been given to each relevant employer of the scheme; (e) as if in each of sections 7 and 18 all words after and including "The relevant" were omitted and the following substituted- "The representative employer to whom an exemption certificate has been issued shall provide a copy of the certificate to each relevant employer of the scheme to which the certificate relates and- (a) each relevant employer shall then, as soon as is practicable, cause the copy 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 scheme is employed by the relevant employer; and(b) also provide each member of the scheme with such a copy.". Cap 485B s 26 Offences A relevant employer who without reasonable excuse fails to comply with- (a) section 4(1), 7, 9, 11(2), 12(2), 13(3), 15(1), 18, 20, 22(2), 23(2) or 24(3); or (b) any mandatory conditions to which the employer is subject,commits an offence and is liable on conviction to a fine at level 3. Cap 485B s 27 Fees (1) The prescribed fees payable under this Regulation are specified in the Fees Regulation. (2) In this section, "Fees Regulation" (《费用规例》) means the regulation, if any, made under section 46 of the Ordinance prescribing fees for the purposes of this Regulation. Cap 485B s 28 Amendment of Schedules (1) The Authority may, by notice in the Gazette, amend Schedule 1. (2) The Chief Executive in Council may, by notice in the Gazette, amend Schedule 2 or 3. (3) Amendments made under this section shall be subject to the approval of the Legislative Council. Cap 485B Sched 1 INFORMATION TO BE PROVIDED TO EXISTING MEMBERS AND NEW ELIGIBLE EMPLOYEES [sections 4, 15 & 28 & schedule 2] PART 1 OROS EXEMPTED SCHEME AND MPF SCHEME1. A statement- (a) to the effect that the existing member or new eligible employee has a once only choice to remain or become a member of the ORSO exempted scheme or to become a member of the MPF scheme; and (b) advising the existing member or new eligible employee- (i) of the date before which that choice must be made; and (ii) that if that date passes without the relevant employer having been notified of that choice, the existing member or new eligible employee will be deemed to have chosen the MPF scheme. 2. The following in relation to both the ORSO exempted scheme and the MPF scheme- (a) subject to paragraph (b), whether the scheme is- (i) governed by a trust; or (ii) the subject of or regulated by an insurance arrangement within the meaning of section 2 of the relevant Ordinance;(b) if neither paragraph (a)(i) or (ii) is applicable, the system which takes the place of a trust or such an insurance arrangement for the scheme; |
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