【法规名称】
【法规编号】 79945 什么是编号？
【正 文】
第9页 CAP 426 OCCUPATIONAL RETIREMENT SCHEMES ORDINANCE
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[接上页] (Enacted 1992) Cap 426 s 13 Appeal against withdrawal Where the Registrar withdraws an exemption certificate, the relevant employer may, within the period of 2 months after the date of the notice given under section 12(2)(b), appeal to the Appeal Board against the withdrawal. (Enacted 1992. Amended 53 of 1995 s. 9) Cap 426 s 14 Coming into effect of withdrawal (1) A withdrawal under section 12 shall not come into effect- (a) where no appeal is made in relation to it under section 13, until the period during which such an appeal may be made has expired; or (b) where such an appeal is made, pending determination of the appeal or, in case such appeal is withdrawn, before such withdrawal.(2) Where the Registrar withdraws an exemption certificate, in order to afford an opportunity to enable- (a) the requirement of or under this Ordinance which caused him to withdraw the exemption certificate to be complied with; or (b) the registration of the scheme to be registered under section 18(1),he may defer the coming into effect of the withdrawal and, if so, shall give a notice in writing of the deferment of the withdrawal to the relevant employer of the scheme. (Amended 53 of 1995 s. 10) (3) The Registrar shall- (a) publish a notice of the coming into effect of the withdrawal in at least one newspaper in the English language and one in the Chinese language circulating daily in Hong Kong; (b) give a notice in writing of the coming into effect of the withdrawal to the relevant employer of the relevant occupational retirement 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.(4) An employer who fails to comply with a requirement under subsection (3)(b) commits an offence and shall be liable on summary conviction to a fine of $10000. (Enacted 1992) Cap 426 s 15 Application for registration PART IV REGISTRATION OF OCCUPATIONAL RETIREMENT SCHEMES An application for registration of an occupational retirement scheme under this Ordinance shall- (a) be made by the relevant employer of the scheme, or for a group scheme under section 67 by the representative employer of the scheme, to the Registrar; (Amended 53 of 1995 s. 11) (b) be made in a form specified by the Registrar; (c) be made in accordance with the registration rules made under section 73(1)(d); (d) be accompanied by the prescribed fee and a copy of a power of attorney (if any) executed under section 67; (Amended 53 of 1995 s. 11) (e) be accompanied- (i) in case the scheme to which the application relates is a participating scheme of a pooling agreement, by the documents set out in Part 2 of Schedule 1; or (ii) in case the scheme is not such a participating scheme of a pooling agreement, by the documents set out in Part 1 of Schedule 1, and such documents set out in Part 3 of Schedule 1 as may be applicable in the case of the application;(f) be accompanied by an undertaking given- (i) where the scheme- (A) is or proposes to become a participating scheme of a pooling agreement, by the administrator of the pooling agreement; (B) is not a participating scheme of a pooling agreement and is, or is proposed to be, governed by a trust, by each of the trustees or proposed trustees concerned; (C) is not a participating scheme of a pooling agreement and is, or is proposed to be, the subject of or regulated by an insurance arrangement, by the relevant insurer or proposed insurer, who is (in the case of an individual) ordinarily resident in Hong Kong and is the holder of an identity card within the meaning of the Registration of Persons Ordinance (Cap 177) or which has (in the case of a body corporate) a place of business in Hong Kong; or (ii) in any other case or where none of the administrator, trustees or insurer referred to in subparagraph (i)(A), (B) or (C) is a person who is ordinarily resident in Hong Kong and is the holder of an identity card within the meaning of the Registration of Persons Ordinance (Cap 177) or body corporate having a place of business in Hong Kong, by such suitable person as the Registrar may direct,stating that he undertakes to perform in relation to the scheme the functions imposed or conferred on a designated person by this Ordinance. (Enacted 1992) Cap 426 s 16 Registrar may require information or amendment of documents Where the Registrar receives an application under section 15, he may- (a) 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; (b) require any document given under section 15(e) to be amended in such manner as he may reasonably direct. (Enacted 1992) |
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