【法规名称】
【法规编号】 79847 什么是编号？
【正 文】
第6页 CAP 485 MANDATORY PROVIDENT FUND SCHEMES ORDINANCE
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[接上页] (3) The Authority may, at any time, remove such a member from office by notice in writing given to the member. A member of a committee may, at any time, resign from membership of the committee by giving notice in writing to the Authority. (4) The procedure for convening meetings of a committee and for the conduct of business at those meetings is to be as determined by the Authority or (subject to any determination of the Authority) by the committee. (5) In exercising its functions, a committee is required to comply with any direction given by the Authority. (Added 4 of 1998 s. 2) Cap 485 s 6E Functions of Authority (1) The functions of the Authority are as follows- (a) to be responsible for ensuring compliance with this Ordinance; (b) to register provident fund schemes as registered schemes; (c) to approve qualified persons to be approved trustees of registered schemes; (d) to regulate the affairs and activities of approved trustees and to ensure as far as reasonably practicable that those trustees administer the registered schemes for which they are responsible in a prudent manner; (e) to make rules or guidelines for the payment of mandatory contributions and for the administration of registered schemes with respect to those contributions; (ea) to consider and propose reforms of the law relating to occupational retirement schemes or provident fund schemes; (Added 2 of 2002 s. 4) (eb) to promote and encourage the development of the retirement scheme industry in Hong Kong, including the adoption of a high standard of conduct and sound prudent business practices by trustees and other service providers; (Added 2 of 2002 s. 4) (f) to exercise such other functions as are conferred or imposed on the Authority by or under this Ordinance or any other Ordinance.(2) The Authority has such ancillary powers as may be necessary to enable it to exercise its functions. (3) The Chief Executive may give directions, either generally or in a particular case, with respect to the exercise by the Authority of its functions. The Authority must comply with any such directions unless they are inconsistent with this Ordinance. (Added 4 of 1998 s. 2) Cap 485 s 6F Authority may delegate functions (1) The Authority may delegate any of its functions (other than this power of delegation) to a committee established under section 6D or to a designated person. (2) In this section- "designated person" (指定人士) means a director or employee of the Authority or a person of a class prescribed by the regulations. (3) Schedule 1B has effect in relation to a delegation under this section. (Added 4 of 1998 s. 2) Cap 485 s 6G Power to appoint staff and consultants (1) The Authority may employ such staff as it requires to exercise or perform its functions. (2) The Authority may, after consultation with the Financial Secretary, fix the salaries, wages and other conditions of employment of its staff. (3) The Authority may enter into arrangements (additional to those provided for by this Ordinance) for the provision of retirement benefits to its staff and their dependants spouses and children. Those arrangements may (but are not required to) include provisions requiring members of the Authority's staff to make contributions towards those benefits from their own funds. (4) The Authority may engage consultants for the purposes of obtaining expert advice. (Added 4 of 1998 s. 2) Cap 485 s 6H Authority may issue guidelines (1) The Authority may issue guidelines for the guidance of approved trustees, service providers, participating employers and their employees, self-employed persons and other persons concerned with this Ordinance. (2) A guideline- (a) may consist of a code, standard, rule, specification or provision relating to provident fund schemes or a class of such schemes; and (b) may apply, incorporate or refer to any document that has been published by a person, either as in force at the time when it is issued under this section or as amended or published from time to time.(3) A guideline may require persons (including persons belonging to a class) specified in the guideline to give to the Authority information or documents of a kind specified in the guideline. The guideline may only specify information or documents of a kind that the Authority reasonably requires for the exercise or performance of its functions. This subsection has effect whether or not regulations are made for the purposes of section 21C (2)(k), 22A(2)(b) or 46(1A)(t). (4) The Authority must publish a guideline issued under this section in the Gazette or in some other publication determined by the Authority. (5) The Authority may amend or revoke a guideline issued under this section. Subsection (4) applies to the amendment or revocation of a guideline in the same way as it applies to the issue of a guideline. (6) A person does not incur a civil or criminal liability only because the person has contravened a guideline issued under this section. However, if in any legal proceedings the court is satisfied that such a guideline is relevant to determining a matter that is in issue in the proceedings- |
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