Hong Kong Ordinances

OCCUPATIONAL RETIREMENT SCHEMES ORDINANCE - SECT 68

Qualification of auditor

(1) Any thing required to be done under this Ordinance or any statement,
report or other document required to be made or prepared under this Ordinance
by an auditor in respect of a Hong Kong domiciled scheme or proposed
Hong Kong domiciled scheme shall be done, made or prepared by a
Hong Kong accountant.

(2) Any thing required to be done under this Ordinance or any statement,
report or other document required to be made or prepared under this Ordinance
by an auditor in respect of an offshore scheme or proposed offshore scheme
shall be done, made or prepared by-

   (a)  a Hong Kong accountant; or

   (b)  a person-

        (i)    who may lawfully practise as a professional accountant in the
               country or jurisdiction which is the domicile of the scheme;
               and

        (ii)   without prejudice to subparagraph (i), who holds such
               qualification as the Registrar may accept as being of a
               standard comparable to that of a Hong Kong accountant.

(3) Any thing required to be done under this Ordinance or any statement,
report or other document required to be made or prepared under this Ordinance
by an auditor in respect of an occupational retirement  scheme shall be done,
made or prepared by an auditor who is not-

   (a)  a partner, director or employee of the administrator of the scheme;

   (b)  the relevant employer of the scheme;

   (c)  an associate or employee of the employer; or

   (d)  a person having a contract of service with an employee referred to in
        paragraph (a) or (c).

(4) Where a statement, report or other document which purports to be made or
prepared by an auditor in respect of an occupational retirement  scheme is
received by the Registrar, the Registrar may require-

   (a)  the person by whom the statement, report or other document purports to
        have been made or prepared;

   (b)  the administrator of the scheme; or

   (c)  the relevant employer of the scheme, to supply to the Registrar a
        statement in writing, in a form specified by the Registrar, that the
        person is not a person referred to in subsection

(3)(a), (b), (c) or (d). (Enacted 1992)