【法规名称】
【法规编号】 79847 什么是编号？
【正 文】
第5页 CAP 485 MANDATORY PROVIDENT FUND SCHEMES ORDINANCE
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[接上页] (4) An exemption may be granted in respect of an occupational retirement scheme under this section whether the scheme is a defined contribution scheme or a defined benefit scheme. (5) The regulations may- (a) prescribe the circumstances in which an exemption under this section may be granted; and (b) prescribe requirements that are to be complied with as a condition for the granting of such an exemption; and (c) empower the Authority to revoke such an exemption for failure to comply with any requirements imposed as a condition of granting the exemption. (Replaced 4 of 1998 s. 2) Cap 485 s 5A Register of exempt schemes to be kept Remarks: Consolidated version as amended by 4 of 1998. (1) The Authority must establish and maintain a register of occupational retirement schemes in respect of which an exemption has been granted under section 5. The register may be in such form, and contain such information, as the Authority may determine. (2) The register is to be kept at the head office of the Authority in Hong Kong. (3) Members of the public are entitled, without charge, to inspect the register during the ordinary business hours of the Authority. (Added 4 of 1998 s. 2) Cap 485 s 6 Establishment of Mandatory Provident Fund Schemes Authority PART II MANDATORY PROVIDENT FUND SCHEMES AUTHORITY (1) There is established by this section a corporation with the corporate name of "Mandatory Provident Fund Schemes Authority". (2) The Authority- (a) has perpetual succession; and (b) may take legal proceedings and be proceeded against in its corporate name; and (c) may, for the purpose of enabling it to exercise or perform its functions- (i) acquire, hold and dispose of real and personal property; and (ii) enter into and carry out, any agreement with the Government for the management and control by the Authority of any property held, or managed and controlled, by the Government; and (iii) enter into and carry out, any agreement with the Government for the employment by, or the secondment to, the Authority of any specified public officers or specified class of public officers; and (iv) enter into, carry out, assign or accept the assignment of, vary or rescind, any contract, agreement or other obligation; and(d) may do, and be subject to, all other things that bodies corporate may do and be subject to and that are necessary for, or are incidental to, the exercise of its functions.(3) The Authority is required to have a seal. (Replaced 4 of 1998 s. 2) Cap 485 s 6A Membership of Authority (1) The Authority is to consist of not fewer than 10 directors appointed by the Chief Executive. (2) Of the directors- (a) not fewer than 4 are to be executive directors; and (b) the remainder are to be non-executive directors.(3) Of the non-executive directors- (a) at least 1 but no more than 2 are to be persons who, in the opinion of the Chief Executive, represent the interests of participating employers; and (b) at least 1 but no more than 2 are to be persons who, in the opinion of the Chief Executive, represent the interests of relevant employees.(4) In appointing the directors, the Chief Executive must ensure that- (a) a majority of the directors are non-executive directors; and (b) the number of persons appointed to represent the interests of relevant employees is equal to the number of persons appointed to represent the interests of participating employers.(5) A director must exercise a reasonable degree of care and diligence so as to ensure that the Authority exercises and performs its functions properly. (6) The Authority may exercise or perform any of its functions despite a vacancy in its membership. (7) Schedule 1A has effect with respect to the directors and procedure of the Authority. (Added 4 of 1998 s. 2) Cap 485 s 6B Managing Director of Authority (1) The Chief Executive is to appoint one of the executive directors as the Managing Director of the Authority. (2) The Managing Director- (a) is the administrative head of the Authority and is responsible, subject to the direction of the Authority, for administering the affairs of the Authority; and (b) has, subject to that direction, such other responsibilities as may be assigned by the Authority. (Added 4 of 1998 s. 2) Cap 485 s 6C Chairperson and deputy chairperson of the Authority (1) The Chief Executive is to appoint one of the non-executive directors to be the chairperson of the Authority. (2) The Managing Director is, by virtue of holding that office, the deputy chairperson of the Authority. (3) A person holding office as chairperson of the Authority ceases to hold that office on ceasing to be a director of the Authority. (Added 4 of 1998 s. 2) Cap 485 s 6D Authority may establish committees (1) The Authority may establish committees to give advice and assistance to the Authority in connection with any matter with which the Authority is concerned. (2) The Authority may appoint any person to be a member of a committee. A member of a committee is not required to be a director of the Authority. |
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