【法规名称】
【法规编号】 79945 什么是编号？
【正 文】
第6页 CAP 426 OCCUPATIONAL RETIREMENT SCHEMES ORDINANCE
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[接上页] (b) on conviction upon indictment to- (i) a fine of $500000; (ii) an additional fine of $10000 for each day during which the offence continues; and (iii) imprisonment for 2 years.(4) In this section "employer" (雇主) does not include the government of a country, territory or place outside Hong Kong or any agency or undertaking of or by such a government which is not operated for the purpose of gain. (Amended 31 of 1999 s. 3) (5) For the purposes of subsection (1), where any person providing service on a full-time basis to a business or other organization in Hong Kong for a period of more than 4 years in such manner and subject to such degree of control that he may reasonably be regarded as an integral part of the organization is a member of an occupational retirement scheme, the proprietor of the organization shall be regarded as participating in the scheme as an employer whether or not there is a contract of employment between such persons and him. (Enacted 1992) Cap 426 s 4 Saving of rights, etc. under unregistered schemes An occupational retirement scheme which is not registered under this Ordinance shall not be void or voidable solely by reason of the non-registration, and accordingly the rights, powers, obligations and liabilities under the scheme shall not be invalid or unenforceable solely by reason of the non-registration. (Enacted 1992) Cap 426 s 5 Registrar of Occupational Retirement Schemes PART II REGISTRAR AND REGISTER (1) The Mandatory Provident Fund Schemes Authority is the Registrar of Occupational Retirement Schemes and has the functions imposed or conferred on the Registrar by this Ordinance or any other law. (2) The Authority is required to have a seal, which is to be used to authenticate documents issued by it under this Ordinance in its capacity as Registrar. (3) The Authority must arrange for all amounts paid to, or recovered by, it under this Ordinance in its capacity as Registrar to be paid into the MPFA Administration Account established and maintained under section 6M of the Mandatory Provident Fund Schemes Ordinance (Cap 485). (Replaced 4 of 1998 s. 4) Cap 426 s 6 The register (1) The Registrar shall keep a register of occupational retirement schemes registered or exempted under this Ordinance. (2) The register shall contain such particulars as the Registrar considers appropriate. (2A) The Registrar may amend the register as he considers appropriate in circumstances that justify a change in the register. (Added 53 of 1995 s. 4) (3) The register may be kept in legible or non-legible form but if kept in non-legible form, it shall be kept in a manner that any entry in the register is capable of being reproduced in legible form. (4) The register shall be kept at such place as the Registrar shall determine and shall be available for inspection during office hours on payment to the Registrar of a prescribed fee. (5) Where a person applies to the Registrar for a copy of an entry in the register certified by the Registrar as correct, such copy shall be issued to the applicant on payment by him of a prescribed fee. (6) A document purporting to be a copy of an entry in the register and to be certified by the Registrar as a correct copy and to be signed by him shall, unless the contrary is proved, be evidence of the entry and shall be received in evidence without further proof as to the contents of the document and the signature thereon. (Enacted 1992) Cap 426 s 7 Exemption Remarks: Adaptation amendments retroactively made - see 31 of 1999 s. 3 PART III EXEMPTION FROM THE ORDINANCE (1) The Registrar may on an application in writing issue an exemption certificate in respect of an occupational retirement scheme. (2) An application under this section shall be- (a) made by the relevant employer of an occupational retirement scheme, or for a group scheme under section 67 by the representative employer of the scheme; (Amended 53 of 1995 s. 5) (b) made in such form as may be specified by the Registrar; and (c) accompanied by- (i) the prescribed fee; (ii) a copy of a power of attorney executed under section 67 (if any); and (Amended 53 of 1995 s. 5) (iii) such information or document as may be specified by the Registrar.(3) The relevant employer of an occupational retirement scheme who makes an application under this section shall within such period as the Registrar may specify- (a) give a written notice of the application to each member of the scheme who is the holder of an identity card within the meaning of the Registration of Persons Ordinance (Cap 177); or (b) display an appropriate notice of the application and make it available for inspection by such member,as the Registrar may direct. (4) The Registrar may allow an application for an exemption certificate if he receives a written statement by the relevant employer that such employer has complied with subsection (3) and is satisfied- (a) (where the occupational retirement scheme to which the application relates is an offshore scheme) that the scheme is registered or approved by an authority in a country, territory or place outside Hong Kong and that the authority performs in that country, territory or place functions which are generally analogous to the functions conferred on the Registrar by this Ordinance; or (Amended 31 of 1999 s. 3) |
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