Hong Kong Ordinances

OCCUPATIONAL RETIREMENT SCHEMES ORDINANCE - SECT 64

Supplementary provisions relating to appeals

(Past version on 01/07/1997).
(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 31 of 1999 s. 3

(1) The procedure and practice of the Appeal Board shall, subject to this
Ordinance, be determined by the Chairman.

(2) If the Chairman is precluded by illness, absence from Hong Kong or any
other cause from exercising his functions, the Chief Executive may appoint a
Deputy Chairman to act as Chairman and as such to exercise all the functions
of the Chairman during the period of his appointment. (Amended 31 of 1999 s.
3)

(3) If a person appointed by the Chairman under section 62(1) to hear an
appeal is precluded by illness, absence from Hong Kong or any other cause from
exercising his functions, the Chairman may appoint any other person from the
panel referred to in section 61(5) to act in his place.

(4) In the hearing of an appeal, the appellant and the Registrar shall be
entitled to be heard either in person or through a solicitor or barrister and
if the appellant is a body corporate, through any of its directors or
employees or if a partnership, through any of the partners or, with the leave
of the Appeal Board, through any other person.

(5) In relation to any appeal to the Appeal Board, the members of the
Appeal Board, the appellant, and any witness, representative or other person
appearing before the Appeal Board shall have the same privileges and
immunities as they would have if the proceedings were civil proceedings before
a court.

(6) Any sum awarded to the Registrar under section 62(3)(e) shall be a debt
due to the Registrar and recoverable in the District Court and any sum payable
by the Registrar under such an award shall be charged on the MPFA
Administration Account established and maintained under section  6M of the
Mandatory Provident Fund Schemes Ordinance ( Cap 485). (Amended 4 of 1998 s.
4) (Enacted 1992)