Hong Kong Ordinances

OCCUPATIONAL RETIREMENT SCHEMES ORDINANCE - SECT 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)