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[接上页] (6) For the purposes of subsections (3)(b) and (4)(b), the Authority must, as the occasion requires, prescribe by order published in the Gazette scales of amounts of contributions by reference to amounts of relevant income of casual employees who are members of industry schemes. (7) An employer must not, in respect of an employee (not being a casual employee) whose wage period- (a) is not more than 1 month, make a deduction under subsection (2)(b) in respect of the employee's relevant income earned for any wage period that commences on or before the 30th day of employment after the relevant time; (b) is more than 1 month, make a deduction under subsection (2)(b) in respect of the employee's relevant income earned for the period commencing from the relevant time and ending on the last day of the calendar month in which the 30th day of employment after the relevant time falls. (Replaced 29 of 2003 s. 4)(8) An employer must ensure that contributions required to be made in accordance with this section in respect of an employee of the employer are paid to the approved trustee of the registered scheme of which the employee is a member within the period and in the manner prescribed by the regulations. (9) A relevant employee does not have a claim against the employee's employer only because that employer has, in accordance with this section, deducted amounts from the employee's income and has paid those amounts to the approved trustee of a registered scheme. However, nothing in this subsection affects any entitlement that the employee has in respect of those amounts under the rules governing the scheme. (10) In this section- "contribution period" (供款期)- (a) in relation to an employer of a relevant employee (not being a casual employee), means each period for which the employer pays or should pay relevant income to the employee, and includes such a period occurring within, or that coincides with, the first 60 days of employment after the relevant time; and (b) in relation to a relevant employee (not being a casual employee) whose wage period- (i) is not more than 1 month, means each period for which the employer pays or should pay relevant income to the employee, but does not include any wage period commencing on or before the 30th day of employment after the relevant time; (ii) is more than 1 month, means each period for which the employer pays or should pay relevant income to the employee, but does not include the period commencing from the relevant time and ending on the last day of the calendar month in which the 30th day of employment after the relevant time falls; and (Replaced 29 of 2002 s. 4)(c) in relation to an employer and a relevant employee who is a casual employee, means each period for which the employer pays or should pay relevant income to the employee; (Amended 2 of 2002 s. 7)"relevant time" (有关时间) has the same meaning as in section 7(3); (Amended 29 of 2002 s. 4) "wage period" (工资期), in relation to an employee and his employer, means the period for which the employee is paid, or should be paid, relevant income by the employer. (Added 29 of 2002 s. 4) (11) This section is subject to sections 9 and 10. (Added 4 of 1998 s. 2) Cap 485 s 7B Sections 7 and 7A not to apply to certain employees Sections 7 and 7A do not, except in the case of a casual employee, apply to or in respect of an employee who is employed by an employer for less than 60 days. (Added 4 of 1998 s. 2) Cap 485 s 7C Duty of self-employed person to become scheme member (1) Every self-employed person- (a) must, within the permitted period after the relevant time, become a member of a registered scheme; and (b) must, in accordance with the provisions of the Mandatory Provident Fund Schemes (General) Regulation (Cap. 485 sub. leg.), before the end of each contribution period, pay to the approved trustee of the scheme from the person's own funds for the person's own benefit a contribution equal to the prescribed percentage of the person's relevant income. (Amended 2 of 2002 s. 8)(2) In this section- "contribution period" (供款期) means a period prescribed by the regulations as a contribution period; "permitted period" (特准限期) means the period specified by the Authority by notice published in the Gazette for the purposes of this section; "the relevant time" (有关时间) means- (a) in the case of a person who is a self-employed person at the commencement of this section, the time of that commencement; or (b) in the case of a person who becomes a self-employed person after that commencement, the beginning of the date on which the person becomes self-employed; (Amended 2 of 2002 s. 8)(3) For the purposes of subsection (1)(b), the prescribed percentage is 5 per cent or, if some other percentage is prescribed by the regulations, that other percentage. The regulations may prescribe different percentages for those purposes. (4) For the purposes of this section, the regulations may- (a) require self-employed persons to report their relevant income to the Authority; and |