Hong Kong Ordinances

OCCUPATIONAL RETIREMENT SCHEMES ORDINANCE - SECT 73

Rules

(Past version on 30/06/1997).

(1) The Registrar may make rules-

        (a)	for the purposes of the definition of "associate" (有關連人士);


        (b)	for the purposes of the definition of "insurance arrangement" 
(保險安排);

   (c)  prescribing fees for the purposes of the definition of

"prescribed fee" (訂明費用);

   (d)  in relation to registration of occupational retirement schemes under
        this Ordinance;

   (da) for details to be supplied on notice of changes to registered 
        schemes, exempted schemes and pooling agreements; (Added 53 of 1995 s.
        22)

   (e)  for the purposes of section 24(3)(a)(iii);

   (ea) for the purposes of section 24A and, in particular, for the purposes
        of determining when a contribution becomes due; (Added 4 of 1998 s. 4)

   (f)  for the purposes of the requirement of section 25(2);

   (g)  providing for passing of resolutions referred to in section  20 (5)(c)
        or 35(3)(b);

   (h)  providing for the preparation of actuarial certificates to be supplied
        under this Ordinance;

   (i)  for the purposes of section 31;

   (j)  providing for the formation, constitution, proceedings and dissolution
        of consultative committees;

   (k)  providing for other matters incidental or related to
        consultative committees;

   (l)  requiring any designated person to give to him notice of any proposed
        amendment to the relevant registered scheme, being a proposed
        amendment which is of a class or description so specified;

   (m)  for the purposes of section 37;

   (n)  in relation to the calculation of unpaid contribution for the purpose
        of section 38(1)(cf) of the Bankruptcy Ordinance ( Cap 6) and
        section 265(1)(cf) of the Companies Ordinance ( Cap 32);

   (na) without prejudice to section 18(1)(c), specifying the method or
        methods to be used to pay benefits payable to members of registered 
        schemes; (Added 59 of 1993 s. 23)

   (nb) where a registered scheme is the subject of or regulated by an
        insurance arrangement, restricting-

        (i)    the investments which the administrator of the scheme may make
               in relation to- (A) the relevant employer of the scheme or an
               associate of such employer; (B) any non-listed company within
               the meaning of section 27(1);

        (ii)   the loans which that administrator may make to that employer or
               associate (excluding any loan which is a deposit made with an
               authorized institution within the meaning of the
               Banking Ordinance ( Cap  155)); (Added 59 of 1993 s. 23)

   (o)  generally for the better carrying out of the provisions and objects of
        this Ordinance.

(2) Rules made under subsection (1) may make different provisions as regards
occupational retirement schemes of different classes or descriptions.

(3) Rules made under subsection (1)(nb) shall be subject to the approval of
the Legislative Council. (Added 59 of 1993 s. 23) (Enacted 1992)

"associate" (有關連人士)

"insurance arrangement" (保險安排)

"prescribed fee" (訂明費用)