Hong Kong Ordinances

OCCUPATIONAL RETIREMENT SCHEMES ORDINANCE - SECT 79

Offence

(1) Any person who in purported compliance with the provisions of this
Ordinance or a requirement made under this Ordinance makes any statement or
certification of facts which is false in a material particular and which-

   (a)  he knows to be false in such particular; or

   (b)  he has no reasonable ground to believe to be true in such particular,
        commits an offence.

(2) Any person who conceals, destroys, mutilates or falsifies any document or
record affecting or relating to the assets or affairs of any
occupational retirement scheme with the intention of-

   (a)  concealing any offence under this Ordinance; or

   (b)  obstructing any public officer, person appointed under section  36 (2)
        or liquidator appointed under section 49(1) in the performance of his
        functions under this Ordinance, commits an offence.

(3) Any person who commits an offence under subsection (1) or (2) shall be
liable-

   (a)  on conviction upon indictment, to a fine of $500000 and to
        imprisonment for 5 years; and

   (b)  on summary conviction, to a fine of $100000 and to imprisonment for 6
        months.

(4) Where-

   (a)  a member of a professional body is alleged to have committed an
        offence under subsection (1) or (2); or

   (b)  it appears to the Registrar that a member of a professional body has
        committed any act or omission which may constitute professional
        misconduct relating to an occupational retirement scheme, the
        Registrar may refer that matter to that professional body. (Enacted
        1992)