【法规名称】
【法规编号】 79945 什么是编号？
【正 文】
第2页 CAP 426 OCCUPATIONAL RETIREMENT SCHEMES ORDINANCE
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[接上页] "defined benefit scheme" (界定利益计划) means an occupational retirement scheme which is not a defined contribution scheme; "defined contribution scheme" (界定供款计划) means an occupational retirement scheme which provides that the amount of a benefit under the scheme is to be an amount determined solely by reference to- (a) the contributions to the scheme's funds by or in respect of the member concerned and any declared return in respect of such contributions (where such return may be subject to a minimum guaranteed rate but is otherwise unascertainable before it is declared); and (b) where appropriate, the qualifying service and age of the employee;"designated person" (指定人士) in relation to an occupational retirement scheme means a person who has given an undertaking referred to in section 15(f), 38 or 39(3) as regards the scheme and has not been released under section 40; "director" (董事) includes- (a) any person who occupies the position of a director, by whatever name called; (b) any person in accordance with whose directions or instructions the directors of a corporation are accustomed to act; and (c) in the case of a body of persons which- (i) is incorporated or otherwise established in any manner whatsoever by or under the laws of a country, territory or place outside Hong Kong; or (ii) has its principal place of business in such a country, territory or place, any person who occupies a position analogous to that of a director of a company within the meaning of the Companies Ordinance (Cap 32); (Amended 31 of 1999 s. 3)"document" (文件) includes material used in connection with or produced by any equipment which- (a) automatically processes information; (b) automatically records or stores information; (c) can be used to cause information to be automatically recorded, stored or otherwise processed on other equipment; and (d) can be used to retrieve information, whether the information is recorded or stored in the equipment itself or in other equipment;"domicile" (本籍) means, in relation to an occupational retirement scheme or trust, the country, territory or place by whose system of law the scheme or trust is governed; (Amended 31 of 1999 s. 3) "exempted scheme" (获豁免计划) means an occupational retirement scheme for which the Registrar has issued an exemption certificate under section 7 and any withdrawal under section 12 has not come into effect; (Added 53 of 1995 s. 2) "exemption certificate" (豁免证明书) means a certificate issued under section 7(1); "existing" (现有) means existing immediately before the commencement of section 1; "full certificate" (足额证明书) means an actuarial certificate certifying in the manner described in paragraph 1(a) or 2(a) of Part 3 of Schedule 1 or Part 1 of Schedule 2; "function" (职能) includes power and duty, and performance of a function includes exercise of a power and discharge of a duty; "group scheme" (集团计划) means an occupational retirement scheme formed by a grouping of companies in accordance with section 67; (Added 53 of 1995 s. 2) "holding company" (母公司) means, in relation to an employer- (a) (where the employer is a company) a company of which the employer is a subsidiary; (b) (where the employer is not a company but is a body of persons otherwise incorporated or established in Hong Kong or elsewhere) any other body of persons appearing to the Registrar to be analogous to a company of which the employer would be a subsidiary were the employer a company within the meaning of the Companies Ordinance (Cap 32);"Hong Kong accountant" (香港会计师) means a certified public accountant registered under the Professional Accountants Ordinance (Cap 50) who holds a valid practising certificate within the meaning of that Ordinance; (Amended 23 of 2004 s. 56) "Hong Kong domiciled scheme" (以香港为本籍的计划) means an occupational retirement scheme the domicile of which is Hong Kong; "Hong Kong permanent identity card holder" (香港永久性居民身分证持有人) means a person holding a permanent identity card within the meaning of the Registration of Persons Ordinance (Cap 177); "insurance arrangement" (保险安排) means an agreement or arrangement- (a) made in respect of an occupational retirement scheme with an authorized insurer under which the insurer is responsible for managing the scheme; and (Amended 59 of 1993 s. 20) (b) which is of a class or description specified in rules made by the Registrar;"liquidator" (清盘人) means a liquidator appointed under section 49; "member" (成员) includes, in relation to an occupational retirement scheme, an individual who is entitled or prospectively entitled to benefits under the scheme by virtue of- (a) his employment by the relevant employer (whether past or present) of the scheme; or (b) an agreement made between the relevant employer of the first-mentioned scheme and the relevant employer of another occupational retirement scheme of which such individual was formerly a member, whether or not such individual is a party to the agreement,and where appropriate, "member" also includes the estate of a deceased member; |
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