Hong Kong Ordinances

OCCUPATIONAL RETIREMENT SCHEMES ORDINANCE - SECT 26

Contravention of trusteeship requirement

(1) Subject to subsection (3), where the requirement of section  25 (2) is not
complied with in relation to a registered scheme, the Registrar may at any
time require the relevant employer of the scheme or the relevant trustee (or,
if there be more than 1 trustee, any of them) by notice in writing-

   (a)  to take such steps as are necessary to ensure compliance with the
        requirement as regards the scheme;

   (b)  to inform him whether such steps have been taken, within a period
        specified by the Registrar.

(2) A period referred to in subsection (1)-

   (a)  shall not be less than 6 months beginning on the date of the relevant
        requirement;

   (b)  may be extended by the Registrar on an application made in writing to
        him by the relevant employer or relevant trustee.

(3) A requirement shall not be made under subsection (1) as regards a
registered scheme if-

   (a)  the application for the registration of the scheme was allowed under
        section 18(3); and

   (b)  the conditions prescribed in section 18(4) are fulfilled as regards
        the scheme for the time being. (Enacted 1992)