Hong Kong Ordinances

OCCUPATIONAL RETIREMENT SCHEMES ORDINANCE - SECT 32

Registrar may require certain reports and certificates

(1) Where the Registrar-

   (a)  receives as regards a registered scheme-

        (i)    a qualified certificate under section 31;

        (ii)   a written request from a consultative committee formed by the
               members of the scheme; or

        (iii)  a written request signed by not less than 20% or 100, whichever
               is less, of the members of the scheme; or

   (b)  reasonably believes that there exist or existed circumstances which
        may prejudice the interests of any member of a registered scheme under
        the scheme, he may make a requirement described in subsection (2) of
        the designated  person of the scheme.

(2) A requirement referred to in subsection (1) shall be contained in a notice
in writing requiring the relevant designated person-

   (a)  to cause to be prepared by an auditor approved by the Registrar a
        report on such matters and an account of such description as are
        specified in the notice;

   (b)  (where the scheme is a defined benefit scheme) to cause to be issued
        by an actuary approved by the Registrar a certificate in such form as
        is specified in the notice, and to supply to the Registrar the report
        or certificate when prepared or issued or, in case such actuary
        refuses to issue such certificate, to notify the Registrar in writing
        of the refusal, within such period as is specified in the notice
        (being a period not less than 1 month beginning on the date of the
        notice).

(3) The Registrar may in his absolute discretion extend the period specified
in a notice under this section if he thinks fit.

(4) Where the Registrar receives a report or certificate referred to in
subsection (2), he may supply to the relevant employer of the relevant
registered scheme a copy of such report or certificate and by notice in
writing require him-

   (a)  to make the copy available for inspection by the members of the scheme
        in such manner as shall be specified in the notice; and

   (b)  to inform, in a manner specified in the notice, such members that the
        report or certificate is available for inspection by them.

(5) Any employer who without reasonable excuse fails to comply with a
requirement under subsection (4) commits an offence and shall be liable on
summary conviction to a fine of $10000.

(6) Nothing in section 77 shall be construed as affecting any provision of
this section. (Enacted 1992)