【法规名称】
【法规编号】 79945 什么是编号？
【正 文】
第8页 CAP 426 OCCUPATIONAL RETIREMENT SCHEMES ORDINANCE
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[接上页] (3A) A relevant employer who without reasonable cause fails to give the Registrar notice of a change of the relevant employer as required under subsection (1)(e) commits an offence and is liable on summary conviction to a fine at level 3. (Added 53 of 1995 s. 6) (3B) A relevant employer who without reasonable cause fails to inform the Registrar as required under subsection (1)(g) commits an offence and is liable on summary conviction to a fine at level 6. (Added 53 of 1995 s. 6) (4) It shall be a defence to a charge under subsection (3B) if the defendant proves that he did not know and could not with reasonable diligence have known that the scheme to which the charge relates had ceased to be registered or approved as mentioned in section 7(4)(a). (Amended 53 of 1995 s. 6) (Enacted 1992) Cap 426 s 11 Proposal to withdraw an exemption certificate (1) The Registrar may issue a proposal to withdraw an exemption certificate where it appears to the Registrar that- (a) for an exempted scheme under section 7(4)(a)- (i) the scheme has ceased to be registered or approved as mentioned in section 7(4)(a); or (ii) the relevant authority has ceased to perform functions that are generally analogous to the functions conferred on the Registrar by this Ordinance;(b) for an exempted scheme under section 7(4)(b) or (c), more than 10% or 50 of the members of the scheme, whichever is less, are Hong Kong permanent identity card holders; (c) the requirement of section 9(3) is not complied with for the scheme; or (d) the requirement of section 10(1)(b) is not complied with for the scheme. (Replaced 53 of 1995 s. 7)(2) Where the Registrar issues a proposal in respect of an occupational retirement scheme under subsection (1), he shall- (a) publish a notice containing the proposal in at least one newspaper in the English language and one in the Chinese language circulating daily in Hong Kong; and (b) give a notice in writing of the proposal to the relevant employer of that scheme requiring him to- (i) cause a copy of the notice to be sent 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 (ii) display an appropriate notice of the Registrar's notice and make the later available for inspection by such member.(3) A notice published or given by the Registrar under subsection (2) shall- (a) state the reason for issuing the proposal; and (b) state that representations or objections as regards the proposed withdrawal may be made to the Registrar within such period (being a period of not less than 1 month beginning on the date of the notice) as shall be specified in the notice.(4) The Registrar may on an application in writing in his absolute discretion- (a) withdraw a proposal issued under subsection (1); or (b) extend the period referred to in subsection (3).(5) An employer who fails to comply with a requirement under subsection (2)(b) commits an offence and shall be liable on summary conviction to a fine of $10000. (Enacted 1992) Cap 426 s 12 Withdrawal of exemption certificate (1) The Registrar may withdraw an exemption certificate if, after considering representations or objections made during the period set out in a notice published under section 11(2), he is satisfied that- (a) for an exempted scheme under section 7(4)(a)- (i) the scheme has ceased to be registered or approved as mentioned in section 7(4)(a); or (ii) the relevant authority has ceased to perform functions that are generally analogous to the functions conferred on the Registrar by this Ordinance;(b) for an exempted scheme under section 7(4)(b) or (c), more than 10% or 50 of the members of the scheme, whichever is less, are Hong Kong permanent identity card holders; (c) the requirement of section 9(3) is not complied with for the scheme; or (d) the requirement of section 10(1)(b) is not complied with for the scheme. (Replaced 53 of 1995 s. 8)(2) Where the Registrar withdraws an exemption certificate, he shall- (a) publish a notice of the withdrawal in at least one newspaper in the English language and one in the Chinese language circulating daily in Hong Kong; and (b) give a notice in writing of the withdrawal to the relevant employer of the scheme requiring him to- (i) cause a copy of the notice to be sent 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 (ii) display an appropriate notice of the Registrar's notice and make the latter available for inspection by such member. (Amended 53 of 1995 s. 8)(3) A notice published or given by the Registrar under subsection (2) shall- (a) state the decision of the Registrar; (b) state that appeal against the withdrawal may be made to the Appeal Board within 2 months after the date of the notice; and (c) state the date on which the withdrawal will come into effect.(4) An employer who fails to comply with a requirement under subsection (2)(b) commits an offence and shall be liable on summary conviction to a fine of $10000. |
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