Hong Kong Ordinances

OCCUPATIONAL RETIREMENT SCHEMES ORDINANCE - SECT 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)

(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)