Hong Kong Ordinances

OCCUPATIONAL RETIREMENT SCHEMES ORDINANCE - SECT 67

Special provisions for schemes covering groups of companies

PART IX

MISCELLANEOUS

(1) Subject to this section, an occupational retirement scheme must only cover
1 relevant employer. (Replaced 53 of 1995 s. 21)

(1A) Relevant employers from within a grouping of companies may operate,
contribute to or participate in, group occupational retirement  scheme that
covers 2 or more companies from within the grouping of  companies. (Added 53
of 1995 s. 21)

(1B) The relevant employers from within the grouping of companies must jointly
or severally by power of attorney nominate one of themselves, or the
holding company of a group of companies within the grouping of  companies, as
the representative employer for the purposes of the scheme. (Added 53 of 1995
s. 21)

(1C) For the purpose of this section-

        (a)	"grouping of companies" (公司集團) means companies that are 
associated companies or are within a group of companies and includes
associated companies of a member of a group of companies;

        (b)	"group of companies" (同一集團的公司) means a holding company and its 
subsidiaries;

   (c)  companies are regarded as being associated companies if-

        (i)    one of the companies holds, or is entitled to control the
               exercise of, 20% or more of the voting power in the other
               company's general meetings;

        (ii)   one of the companies is a subsidiary of an associated company;
               or

        (iii)  they are partners under a written partnership agreement. (Added
               53 of 1995 s. 21)

(1D) If a relevant employer in a scheme that covers 2 or more employers ceases
to comply with a relationship requirement under this section, the
relevant employer shall-

   (a)  notify the representative employer and the Registrar within 1 month of
        ceasing to comply; and

   (b)  withdraw from the scheme within 3 months or such further time as the
        Registrar allows in the circumstances, unless within that time the
        relevant employer resumes compliance. (Added 53 of 1995 s. 21)

(1E) The relevant employer is required to withdraw from a scheme by arranging
for either-

   (a)  the transfer of the rights of the members who are employed by the
        withdrawing relevant employer and corresponding assets of the scheme
        to another registered or exempted scheme or, where the affected
        members are employed outside Hong Kong, to a scheme outside Hong Kong;
        or

   (b)  the orderly winding up of that part of the scheme that applies to the
        withdrawing relevant employer. (Added 53 of 1995 s. 21)

(1F) A relevant employer who, without reasonable excuse, fails to notify the
representative employer or the Registrar under subsection

(1D)(a) commits an offence and is liable on summary conviction to a fine at
level 3. (Added 53 of 1995 s. 21)

(1G) A relevant employer commits an offence and is liable on summary
conviction to a fine at level 3 if he, without reasonable excuse, fails to
withdraw from a scheme as required under subsection (1D)(b) or to make the
arrangement as required under subsection (1E)(a) or (b). (Added 53 of 1995 s.
21)

(2) Where an occupational retirement scheme covers 2 or more
relevant employers and all of them (except the nominated representative
employer) nominate the same representative employer under subsection (1), the
following provisions shall apply-

   (a)  an application made as regards the scheme under section 7, 15, 23(3)
        or 48(1) by the representative employer shall be deemed to be an
        application made by each of the employers covered by the scheme;

   (b)  payment of a fee payable as regards the scheme under section  9 (1) or
        28(1) by the representative employer shall discharge the duty of all
        other employers covered by the scheme to pay such fee;

   (c)  an appeal made as regards the scheme under section 8, 13, 19 or 46 by
        the representative employer shall be deemed to be an appeal made by
        each of the employers covered by the scheme;

   (d)  a duty under this Ordinance to give or supply notices, statements,
        particulars or information to a member of the scheme shall be
        discharged by the employer who employs the members;

   (e)  a notice given as regards the scheme by the Registrar under
        section 11(2)(b), 12(2)(b), 14(2), 14(3)(b), 32(4)(a), 36(4), 39(1),
        43(1)(b), 45(2)(b), 47(2) or 47(3)(b) to the representative employer
        shall, unless otherwise stated in the notice, be deemed to have been
        given to every employer covered by the scheme; (Amended 53 of 1995 s.
        21)

   (f)  the duty of a consultative committee formed by the members of the
        scheme to give notice or advice to the relevant employer of the scheme
        under section 34 shall be discharged by giving the notice or advice to
        the representative employer;

   (g)  the duty under section 10(1)(d), (f) and (g) shall be discharged as
        regards the scheme by the representative employer; (Amended 53 of 1995
        s. 21)

   (ga) the representative employer of an exempted scheme shall, for each
        period of 12 months beginning on the date of the exemption 
        certificate or on an anniversary of the date, give the Registrar-

        (i)    for a scheme exempted under section 7(4)(a), documentary
               evidence to satisfy the Registrar of the validity of the
               relevant registration or approval during the period; or

        (ii)   for a scheme exempted under section 7(4)(b) or (c), a written
               statement of the total number of members of the scheme and the
               number of the members who were
               Hong Kong permanent identity card holders on the date of the
               statement, within 14 days after the expiration of the period or
               such longer period as the Registrar may allow; (Added 53 of
               1995 s. 21)

   (gb) the representative employer shall notify the Registrar of a change of
        representative employer within 1 month of the change; (Added 53 of
        1995 s. 21)

   (gc) the representative employer shall notify the Registrar of a change to
        his name or address-

        (i)    for a registered scheme for which he is the representative
               employer within 1 month of the change; and

        (ii)   for an exempted scheme for which he is the representative
               employer as soon as is reasonably practicable after the change;
               (Added 53 of 1995 s. 21)

   (gd) the representative employer shall notify the Registrar of the matters
        prescribed in rules and required under section 21A(2) within 1 month
        after the change to the name of the scheme; (Added 53 of 1995 s. 21)

   (ge) the representative employer of a registered group scheme shall notify
        the Registrar of any change of the administrator of the scheme as
        required under section 22(1)(b); (Added 53 of 1995 s. 21)

   (gf) the Registrar may give notice under section 26(1) to the
        representative employer of a registered group scheme and the
        representative employer is required to comply with notice given under
        that section in addition to a requirement placed on a
        relevant employer under that section and the representative employer
        may apply for an extension of time under section 26(2); (Added 53 of
        1995 s. 21)

   (h)  a notice required to be given as regards the scheme to the Registrar
        under section 29 shall be given by the representative employer;

   (i)  an exemption certificate or registration certificate issued under
        section 7(1) or 18(5) as regards the scheme shall be issued to the
        representative employer.

(3) A representative employer who without reasonable cause fails to notify the
Registrar under section 10(1)(d) as required under subsection

(2)(g) commits an offence and is liable on summary conviction to a fine at
level 1. (Added 53 of 1995 s. 21)

(4) A representative employer who without reasonable cause fails to notify the
Registrar under section 10(1)(f) as required under subsection

(2)(g) commits an offence and is liable on summary conviction to a fine at
level 3. (Added 53 of 1995 s. 21)

(5) A representative employer who without reasonable cause fails to discharge
his duty under subsection (2)(g) in relation to a notice under
section 10(1)(g) commits an offence and is liable on summary conviction to a
fine at level 6. (Added 53 of 1995 s. 21)

(6) A representative employer who without reasonable cause fails to notify the
Registrar on the change of representative employer as required under this
section commits an offence and is liable on summary conviction to a fine at
level 3. (Added 53 of 1995 s. 21)

(7) A representative employer who without reasonable cause fails to give a
notice under subsection (2)(gc) commits an offence and is liable on summary
conviction to a fine at level 3. (Added 53 of 1995 s. 21)

(8) A representative employer who without reasonable cause fails to give
notice under subsection (2)(gd) commits an offence and is liable on summary
conviction to a fine at level 1. (Added 53 of 1995 s. 21)

(9) A representative employer who without reasonable cause fails to give
notice under subsection (2)(ge) commits an offence and is liable on summary
conviction to a fine at level 3. (Added 53 of 1995 s. 21)

(10) A representative employer who without reasonable cause fails to give a
notice under subsection (2)(h) as required under section 29 commits an offence
and is liable on summary conviction to a fine at level 3. (Added 53 of 1995 s.
21) (Enacted 1992)

"grouping of companies" (公司集團)

"group of companies" (同一集團的公司)