Hong Kong Ordinances

OCCUPATIONAL RETIREMENT SCHEMES ORDINANCE - SECT 24A

Recovery of arrears in relation to certain registered schemes

(1) In this section-

"arrears" (欠款), in relation to a contribution payable to the funds of a
scheme by a relevant employer, means so much of the contribution as has not
been paid by that employer when it became due;

"relevant scheme" (有關計劃) means a registered scheme in respect of which
the members or a class of members and their employer are exempted under
section 5 of the Mandatory Provident Fund Schemes Ordinance ( Cap 485).

(2) If any arrears arise in respect of a relevant scheme, the Registrar may,
in accordance with rules made under section 73 for the purpose, impose on the
relevant employer-

   (a)  a financial penalty that does not exceed the greater of $5000 and an
        amount equal to 10 per cent of the arrears; and

   (b)  a requirement to pay a contribution surcharge at a rate prescribed by
        rules in force under section 73, not exceeding 20 per cent per annum
        of the arrears.

(3) The Registrar may, by proceedings brought in a court of competent
jurisdiction in Hong Kong, recover as a debt due to the Registrar any arrears
payable by the relevant employer under this section, and any financial penalty
or contribution surcharge imposed in respect of those arrears under subsection
(2).

(4) In any proceedings brought under subsection (3), a certificate, purporting
to be signed by the Registrar, specifying the amount of any arrears, or of any
financial penalty or contribution surcharge imposed in respect of those
arrears under subsection (2), is, in the absence of evidence to the contrary,
proof of the matters specified in the certificate.

(5) If arrears arise in respect of a relevant scheme, the designated person
shall-

   (a)  take reasonable steps to recover the arrears; and

   (b)  give notice in writing to the Registrar setting out particulars of the
        arrears, the scheme and the relevant employer to enable or assist the
        Registrar to perform any functions imposed on him by this section or
        rules made under section 73 for the purposes of this subsection.

(6) The Registrar shall-

   (a)  on receipt of a notice referred to in subsection (5)(b), give notice
        in writing to the relevant employer, accompanied by a copy of this
        section in the Chinese and English languages, requesting him to pay
        the arrears on or before a date specified in the notice; and

   (b)  if the relevant employer does not comply with the request, take steps
        to recover the arrears and any financial penalty and contribution
        surcharge imposed under subsection (2).

(7) The designated person shall-

   (a)  assist the Registrar to discharge the duty referred to in subsection
        (6)(b); and

   (b)  verify the calculation of any amount received from the relevant 
        employer in payment of the arrears or any contribution surcharge
        imposed under subsection (2).

(8) The Registrar shall pay to the designated person any amount received from
the relevant employer in payment of the arrears or any contribution surcharge
imposed under subsection (2).

(9) The designated person shall pay into the scheme any amount referred to in
subsection (7)(b).

(10) The Registrar shall give notice in writing to the Authority, within the
meaning of section 2 of the Mandatory Provident Fund Schemes  Ordinance (
Cap 485), setting out particulars of the arrears, the scheme and the
relevant employer to enable or assist the Authority to perform a function
referred to in section 78(1)(ea).

(11) A designated person who, without reasonable excuse, fails to comply with
a requirement imposed on designated persons by this section commits an offence
and is liable on conviction to a fine at level 5 and to imprisonment for 1
year. (Added 4 of 1998 s. 4)

"arrears" (欠款)

"relevant scheme" (有關計劃)