【法规名称】
【法规编号】 79847 什么是编号？
【正 文】
第4页 CAP 485 MANDATORY PROVIDENT FUND SCHEMES ORDINANCE
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[接上页] "spouse" (配偶), in relation to a person, includes a person of the opposite sex with whom the person is cohabiting in a bona fide domestic relationship as man and wife; (Added 4 of 1998 s. 2) "total incapacity" (完全丧失行为能力), in relation to a scheme member, means permanent unfitness to perform the kind of work that the member was last performing before becoming incapacitated; (Added 4 of 1998 s. 2. Amended 29 of 2002 s. 2) "trustee" (受讬人) includes a prospective trustee; "voluntary contribution" (自愿性供款) means a contribution paid to a registered scheme in accordance with section 11; (Added 4 of 1998 s. 2) "voting share" (有表决权股份), in relation to a company, means an issued share in the company that confers a right to vote, not being a right to vote that is exercisable only in one or more of the following circumstances- (a) during a period during which a dividend (or part of a dividend) in respect of the share is in arrears; (b) on a proposal by the company to redeem or purchase its own shares; (c) on a proposal by the company to reduce its share capital; (d) on a proposal that affects rights attached to the share; (e) on a proposal to wind up the company; (f) on a proposal for the disposal of the whole of the company's property, business and undertaking; (g) during the winding up of the company. (Added 4 of 1998 s. 2)"working day" (工作日) means any day other than- (a) a public holiday; (b) a gale warning day or black rainstorm warning day within the meaning of section 71(2) of the Interpretation and General Clauses Ordinance (Cap 1). (Added 2 of 2002 s. 2) (Amended 4 of 1998 s. 2)(2) If relevant employees- (a) are engaged in an industry for which a provident fund scheme is registered as an industry scheme; and (b) employed in that industry by an employer on a day to day basis or for a fixed period of less than 60 days,the Authority may, by order published in the Gazette, declare those employees to be casual employees for the purposes of this Ordinance. (Added 4 of 1998 s. 2) (3) For the avoidance of doubt, it is hereby declared that an amount that is paid as a contribution to a registered scheme contingently on the basis that the amount will later constitute a mandatory contribution to the scheme shall for all purposes be treated as a mandatory contribution to the scheme (and the provisions of this Ordinance shall apply accordingly) unless and until it is certain that the amount will not constitute a mandatory contribution to the scheme. (Added 2 of 2002 s. 2) Cap 485 s 3 Application This Ordinance binds the Government. Cap 485 s 4 Exemptions (1) The persons specified in Part I of Schedule 1 are exempt from the provisions of this Ordinance to the extent described therein. (2) The Chief Executive in Council may, from time to time, specify in Part II of Schedule 1 the persons or classes of persons who shall be exempt from all or part of the provisions of this Ordinance (as identified or contained in the specification), and may vary, alter or repeal that specification. (Amended 4 of 1998 s. 2) (3) Subject to subsections (4) and (5) and section 11(1) and (2), any person entering Hong Kong for the purpose of being employed or self-employed- (Amended 2 of 2002 s. 3) (a) for a limited period only; or (b) who is a member of a provident, pension, retirement or superannuation scheme (however described) of a place outside Hong Kong,shall be exempt from the provisions of this Ordinance. (4) The regulations may make provision for the purposes of this section and may, in particular, specify the circumstances in which the exemption of a person referred to in subsection (3) is to apply. (Replaced 4 of 1998 s. 2) (5) In this section, "limited period" (有限期间) means a period determined for the purposes of this section in accordance with the regulations. (Replaced 4 of 1998 s. 2) Cap 485 s 5 Members of certain occupational retirement schemes to be exempted from this Ordinance Remarks: Consolidated version as amended by 4 of 1998. (1) The Authority may, by certificate in writing, exempt the members, or a class of members, of an occupational retirement scheme and their employer from the operation of all, or any specified, provisions of this Ordinance and, in so doing, may specify circumstances in which the exemption is or is not to apply. (2) The Authority may grant an exemption- (a) either on its own initiative or on the application of the trustee of the occupational retirement scheme concerned or the employer whose employees are members of the scheme; and (b) subject to such conditions as the Authority considers appropriate.(3) If an exemption is granted in respect of an occupational retirement scheme, the provisions of this Ordinance, or the provisions of this Ordinance specified in the exemption certificate, do not apply to the members or relevant class of members of the scheme or to the employer of those members in relation to the scheme. |
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