Hong Kong Ordinances

OCCUPATIONAL RETIREMENT SCHEMES ORDINANCE - SECT 57

The court's power after winding up

(1) Where the court makes an order as regards an occupational 
retirement scheme under section 48(2), the liquidator appointed as regards the
scheme may make an application to the court on behalf of any beneficiary of
the scheme.

(2) In an application made under subsection (1) as regards an
occupational retirement scheme, the liquidator may name the relevant  employer
or administrator of the scheme or any person who is concerned with the
operation and management of the scheme to be the respondent in the
application.

(3) On an application made under subsection (1) on behalf of a beneficiary of
an occupational retirement scheme, the court may-

   (a)  determine a sum which in its opinion equals the shortfall (if any)
        between the beneficiary's vested benefits under the scheme as at the
        date of the commencement of the winding up of the scheme and the
        amount received by him under section 56(2); and

   (b)  if it is satisfied that the shortfall referred to in paragraph

   (a)  is caused by any act or omission of any respondent in the application,
        give judgment against the respondent for an amount equal to the sum
        determined under paragraph (a). (Enacted 1992)