Hong Kong Ordinances

OCCUPATIONAL RETIREMENT SCHEMES ORDINANCE - SECT 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        in case such appeal is withdrawn, before such withdrawal.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),
        (Amended 53 of 1995 s. 10) 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.

(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)