【法规名称】
【法规编号】 79945 什么是编号？
【正 文】
第7页 CAP 426 OCCUPATIONAL RETIREMENT SCHEMES ORDINANCE
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[接上页] (b) (in the case of an existing scheme) that on the date of the application not more than either 10% or 50 of that scheme's members, whichever is less, are Hong Kong permanent identity card holders; or (c) (in the case of a proposed scheme) that on the establishment of the scheme not more than either 10% or 50 of that scheme's members, whichever is less, will be Hong Kong permanent identity card holders.(5) Where the Registrar receives an application under subsection (1), he may require the applicant to supply to him such information or document (including a legal opinion on a matter specified by the Registrar) as he shall specify which is reasonably required to enable him to determine the application. (6) Where the Registrar refuses an application for an exemption certificate, he shall give a written notice of the refusal to the applicant which notice shall state the reason for refusal. (Enacted 1992) Cap 426 s 8 Appeal against the Registrar's decision Where the Registrar refuses an application for an exemption certificate, the applicant may appeal to the Appeal Board against the refusal within 2 months after the date of the notice given under section 7(6). (Enacted 1992) Cap 426 s 9 Periodic fee for exempted schemes (1) Where the Registrar issues an exemption certificate in respect of an occupational retirement scheme, the relevant employer of that scheme shall pay to the Registrar a prescribed fee which is a periodic fee as may be appropriate in respect of- (a) such period of 12 months during which the certificate continues to be valid and beginning on the first or any subsequent anniversary of the date of the certificate; or (b) part of such a period.(2) A periodic fee payable under subsection (1) shall be paid to the Registrar not later than 1 month after the first day of the period in respect of which it is payable. (3) Where a periodic fee is not paid in accordance with subsection (2), there shall be chargeable upon the unpaid fee a surcharge equal to the amount of such unpaid fee which shall be paid together with such unpaid fee to the Registrar not later than 2 months after the first day of the period in respect of which the unpaid periodic fee is payable. (Enacted 1992) Cap 426 s 10 Provision of information relating to exempted schemes (1) For an exempted scheme- (a) the Registrar may by written notice require the relevant employer to give him information or a document relating to the scheme which is in the employer's possession or under his control within the period set out in the notice being not less than 14 days from the date of the notice; (b) the relevant employer shall, for each period of 12 months beginning on the date of the exemption certificate or an anniversary of the date, give the Registrar- (i) for a scheme exempted under section 7(4)(a), documentary evidence to satisfy the Registrar of the validity of the relevant registration or approval during the period; or (ii) for a scheme exempted under section 7(4)(b) or (c), a written statement of the total number of members of the scheme and the number of the members who were Hong Kong permanent identity card holders on the date of the statement, within 14 days after the expiration of the period or such longer period as the Registrar may allow;(c) the relevant employer shall give each member of the scheme who holds an identity card within the meaning of the Registration of Persons Ordinance (Cap. 177) notice of the issue of the exemption certificate as soon as reasonably practicable and in the manner specified by the Registrar; (d) the relevant employer shall notify the Registrar of a change to the name of the scheme together with the matters prescribed in rules made by the Registrar within 1 month of the change; (e) the relevant employer concerned shall notify the Registrar of a change of the relevant employer together with the matters prescribed in rules made by the Registrar within 1 month of the change; (f) the relevant employer shall notify the Registrar of a change of his name or address within 1 month of the change; and (g) if the scheme ceases to be registered or approved as mentioned in section 7(4)(a), the relevant employer shall as soon as reasonably practicable inform the Registrar of the fact. (Replaced 53 of 1995 s. 6)(2) A relevant employer who without reasonable cause- (a) fails to give the Registrar information or a document pursuant to a notice under subsection (1)(a); (b) fails to give the Registrar documentary evidence or a written statement as required under subsection (1)(b); (c) fails to give a member notice of an exemption certificate required under subsection (1)(c); or (d) fails to give the Registrar notice of a change to his name or address as required under subsection (1)(f),commits an offence and is liable on summary conviction to a fine at level 3. (Replaced 53 of 1995 s. 6) (3) A relevant employer who without reasonable cause fails to give the Registrar notice of a change to the name of a scheme as required under subsection (1)(d) commits an offence and is liable on summary conviction to a fine at level 1. (Replaced 53 of 1995 s. 6) |
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