Hong Kong Ordinances

MANDATORY PROVIDENT FUND SCHEMES ORDINANCE - SECT 2

Interpretation

(Past version on 01/11/2008).
(Past version on 18/01/2008).
(Past version on 14/12/2007).
(Past version on 19/07/2002).
(Past version on 15/02/2002).
(Past version on 24/07/1998).

(1) In this Ordinance, unless the context otherwise requires- (Amended 4 of
1998 s. 2)

"accrued benefits" (累算權益), in relation to a registered scheme, means
the amount of each scheme member's beneficial interest in the registered 
scheme at any time, including sums derived from the contributions made by or
in respect of that scheme member, together with the income or profits arising
from any investments thereof, but taking into account any losses in respect
thereof; (Amended 2 of 2002 s. 2)

"administer" (管理) includes manage and maintain; (Added 4 of 1998 s. 2)

"Advisory Committee" (諮詢委員會) means the Mandatory
Provident Fund Schemes Advisory Committee established by section 6R; (Added 4
of 1998 s. 2)

"Appeal Board" (上訴委員會) means the Mandatory Provident Fund Schemes
Appeal  Board constituted under section 35;

"apprentice" (學徒) has the same meaning as in the Apprenticeship Ordinance
( Cap 47);

"approved trustee" (核准受託人) means a company or a natural person
approved by the Authority as a trustee in accordance with section 20 and, when
used in relation to a registered scheme that is administered by 2 or more
approved  trustees, means (except in sections 33 to 33B) the trustees jointly
and severally; (Replaced 4 of 1998 s. 2)

"arrears" (欠款) means a mandatory contribution that is due for payment to
the Authority under section 7AE or 18; (Added 1 of 2008 s. 59. Amended 18 of
2008 s. 4)

"associate" (有聯繫者), in relation to a natural person referred to in
paragraph (d) of the definition of "controller" or a company or other body
corporate, means a person specified in Schedule 8; (Amended 18 of 2008 s. 26)

"associated company" (有聯繫公司) has, except in section 12A, the meaning
given by Part 3 of Schedule 8; (Added 4 of 1998 s. 2)

"Authority" (管理局) means the Mandatory Provident Fund Schemes Authority
established by section 6; (Replaced 4 of 1998 s. 2)

"authorized person" (獲授權人) means a person appointed or authorized by
the Authority in writing to exercise or perform functions, or specified
functions, under or for the purposes of this Ordinance; (Added 4 of 1998 s. 2)

"casual employee" (臨時僱員) means a relevant employee who is declared by
an order made under subsection (2) to be a casual employee for the purposes of
this Ordinance; (Added 4 of 1998 s. 2)

"chief executive officer" (行政總裁), in relation to a company, means the
person who, either alone or with others, is immediately responsible to the
directors of the company for the conduct of the whole business of the company,
and includes a person holding office as managing director of the company;
(Added 4 of 1998 s. 2)

"close relative" (近親), in relation to a natural person, means-

   (a)  a spouse, former spouse, parent, step-parent, child, step-child, grand
        parent, grand child, brother, half-brother, sister or half-sister of
        the person; or

   (b)  a parent, step-parent, child, step-child, grand parent, grand child,
        brother, half-brother, sister or half-sister of the spouse or a former
        spouse of the person; (Added 4 of 1998 s. 2)

"company" (公司)-

   (a)  means-

        (i)    a company within the meaning of the Companies Ordinance ( Cap 
               32); or

        (ii)   a non-Hong Kong company; (Amended 30 of 2004 s. 3)

   (b)  includes a corporation in the case of-

        (i)	the definitions of "associated company", "chief executive 
officer", " controller", " officer", " share" and " voting share"; and

        (ii)   the provisions of section 44(1), section 7(2) of Part 2 of
               Schedule 1A and Schedule 8; (Replaced 2 of 2002 s. 2)

"compensation fund" (補償基金) means the compensation fund established in
accordance with section 17; (Added 4 of 1998 s. 2)

"conditions" (條件) means reasonable conditions; (Added 2 of 2002 s. 2)

"contract of employment" (僱傭合約) has the same meaning as in the
Employment
Ordinance ( Cap 57), and "employment" (僱用、受僱) shall be construed
accordingly;

"contribution account" (供款帳戶) has the same meaning as in section 2 of
the Mandatory Provident Fund Schemes (General) Regulation ( Cap 485 sub. leg.
A); (Added 29 of 2002 s. 2)

"controller" (控權人), in relation to a company, means any of the following
persons-

   (a)  the directors of the company;

   (b)  a person in accordance with whose instructions those directors are
        accustomed to act;

   (c)  the chief executive officer of the company;

   (d)  a natural person who, alone or together with an associate, a
        close relative or an employee of the person, or a company of which the
        person is a director, or through a nominee, controls at least 15 per
        cent of the voting shares of the company; (Amended 18 of 2008 s. 26)

   (e)  another company that, alone or with any associate, or any employee of
        an associate, of that other company, or through a nominee, controls at
        least 15 per cent of the voting shares of the first-mentioned company;
        (Added 4 of 1998 s. 2)

"corporation" (法團) means a body corporate which is incorporated in a place
outside Hong Kong and is not a non-Hong Kong company; (Added 2 of 2002 s. 2.
Amended 30 of 2004 s. 3)

"Court" means the Court of First Instance; (Added 4 of 1998 s. 2)

"employee" (僱員) has the same meaning as in the Employment Ordinance ( Cap 
57), other than a person excluded by section 4(2) of that Ordinance, and
includes an apprentice and a former employee;

"employer" (僱主) means any person who has entered into a contract of 
employment to employ another person as his employee;

"employer sponsored scheme" (僱主營辦計劃) means a registered scheme
membership of which is-

   (a)  in the case of an employer who is not a company, open only to the
        employees of that employer; or

   (b)  in the case of an employer that is a company, open only to the
        employees of that company or an associated company; (Replaced 4 of
        1998 s. 2. Amended 2 of 2002 s. 2)

"exempt person" (獲豁免人士) means a person or class of persons construed
in accordance with section 4;

"functions" (職能) includes powers, authorities and duties; (Added 4 of 1998
s. 2)

"governing rules" (管限規則), in relation to a registered scheme, means
those rules and provisions contained in a trust instrument or other document
relating thereto or that trust instrument and that other document taken
together, and governing the establishment and operation of the registered 
scheme;

"the guidelines" (指引) means guidelines issued under section 6H; (Added 4
of 1998 s. 2)

"industry" (行業) includes a trade, profession, occupation or calling;
(Added 4 of 1998 s. 2)

"industry scheme" (行業計劃) means a provident fund scheme registered
under section 21A; (Added 4 of 1998 s. 2)

"Industry Schemes Committee" (行業計劃委員會) means the MPF
Industry Schemes  Committee established by section 6U; (Added 4 of 1998 s. 2)

"Managing Director" (行政總監), in relation to the Authority, means the
Managing Director appointed under section 6B, and includes any person
appointed to act as Managing Director-

   (a)  when that director is absent from Hong Kong or absent through illness
        or any other reason; or

   (b)  when the office of Managing Director is vacant; (Added 4 of 1998 s. 2)

"mandatory contribution" (強制性供款) means-

   (a)  an amount that is required to be paid as a contribution to a
        registered scheme under section 7A or 7C; (Amended 18 of 2008 s. 4)

   (aa) an amount that is required to be paid as a contribution to the
        Authority under section 7AA; (Added 18 of 2008 s. 4)

   (ab) an amount that is payable to the Authority under section 7AE; or
        (Added 18 of 2008 s. 4)

   (b)  minimum MPF benefits, to which section 5(1) of Schedule 2 to the
        Mandatory Provident Fund Schemes (Exemption) Regulation ( Cap 485 sub.
        leg. B) applies, that have been transferred to a registered scheme;
        (Replaced 2 of 2002 s. 2)

"master trust scheme" (集成信託計劃) means a registered scheme
membership of which is open to-

   (a)  the employees of more than one employer; and

   (b)  self-employed persons and former self-employed persons; and (Amended
        18 of 2008 s. 4)

   (c)  (Repealed 18 of 2008 s. 4)

   (d)  persons who, having benefits in an ORSO exempted scheme, or an ORSO
        registered scheme, within the meaning of section 2(1) of the
        Mandatory Provident Fund Schemes (Exemption) Regulation ( Cap 485 sub.
        leg. B), wish to have those benefits transferred to the
        first-mentioned scheme, (Added 2 of 2002 s. 2) but does not include an
        industry scheme; (Replaced 4 of 1998 s. 2. Amended 2 of 2002 s. 2)

"maximum level of relevant income" (最高有關入息水平) means the level
of relevant  income specified in Schedule 3; (Replaced 4 of 1998 s. 2. Amended
18 of 2008 s. 4)

"minimum level of relevant income" (最低有關入息水平) means the level
of relevant  income specified in Schedule 2; (Amended 4 of 1998 s. 2; 18 of
2008 s. 4)

"minimum MPF benefits" (最低強制性公積金利益) has the same meaning
as in section  1 (1) of Schedule 2 to the
Mandatory Provident Fund Schemes (Exemption)  Regulation ( Cap 485 sub. leg.
B); (Added 2 of 2002 s. 2)

"non-Hong Kong company" (非香港公司) means a company to which Part XI of
the Companies Ordinance ( Cap 32) applies; (Added 4 of 1998 s. 2. Amended 30
of 2004 s. 3)

"occupational retirement scheme" (職業退休計劃) has the same meaning as
in the Occupational Retirement Schemes Ordinance ( Cap 426); (Added 4 of 1998
s. 2)

"officer" (高級人員), in relation to a company, means-

   (a)  a director of the company; or

   (b)  the chief executive officer of the company; (Added 4 of 1998 s. 2)

"participating employer" (參與僱主) means the employer of employees who
are members or prospective members of a registered scheme; (Added 4 of 1998 s.
2. Amended 2 of 2002 s. 2)

"personal representative" (遺產代理人) means-

   (a)  a personal representative within the meaning of section 2 of the
        Probate and Administration Ordinance ( Cap 10); or

   (b)  where the Official Administrator gets in and administers an estate in
        a summary manner under section 15 of that Ordinance, the Official
        Administrator; (Added 1 of 2008 s. 40)

"practicable" (切實可行) means reasonably practicable; (Added 29 of 2002
s. 2)

"premises" (處所) includes any place and a part of premises or a place;
(Added 4 of 1998 s. 2)

"preserved account" (保留帳戶) has the same meaning as in section 2 of the
Mandatory Provident Fund Schemes (General) Regulation ( Cap 485 sub. leg. A);
(Added 2 of 2002 s. 2)

"provident fund scheme" (公積金計劃) means a scheme governed by a trust-

   (a)  the terms of which are set out in one or more documents; and (Replaced
        4 of 1998 s. 2)

   (b)  that-

        (i)    provides for the payment of pecuniary benefits to the members
               of the scheme when they reach the retirement age, or any other
               prescribed event occurs in relation to them; or

        (ii)   in the case of members who die before reaching that age or
               before the occurrence of such an event, provides for the
               payment of those benefits to the personal representatives or
               beneficiaries of the estates of those members, (Replaced 4 of
               1998 s. 2) and includes a proposed provident fund scheme;

"record" (紀錄) means any record of information, however compiled, recorded
or stored, and includes-

   (a)  any book, a register and any other document containing information;
        and

   (b)  any disc, tape or other article from which information is capable of
        being produced; (Added 4 of 1998 s. 2)

"registered scheme" (註冊計劃) means a provident fund scheme registered
under section 21 as an employer sponsored scheme or a master trust scheme or
registered under section 21A as an industry scheme; (Replaced 4 of 1998 s. 2)

"the regulations" (《規例》) means regulations made under section 46 and
in force; (Added 4 of 1998 s. 2)

"relevant employee" (有關僱員) means an employee of 18 years of age or
over and below retirement age;

"relevant income" (有關入息) means-

*(a) in the case of a relevant employee, any wages, salary, leave pay, fee,
commission, bonus, gratuity, perquisite or allowance, expressed in monetary
terms, paid or payable by an employer (directly or indirectly) to that
relevant employee in consideration of his employment under that contract, but
does not include severance payments or long service payments under the
Employment Ordinance ( Cap 57); (Amended 1 of 2008 s. 56)

   (b)  in the case of a self-employed person, income of that person as
        ascertained in accordance with the regulations; (Amended 4 of 1998 s.
        2)

"remuneration" (酬金) includes travel and subsistence allowances; (Added 4
of 1998 s. 2)

"retirement age" (退休年齡), in relation to an employee or self-employed 
person, means 65 years of age or, if the regulations prescribe an earlier age,
that earlier age; (Amended 4 of 1998 s. 2; 2 of 2002 s. 2)

"the rules" (《規則》) means rules made under section 47 and in force;
(Added 4 of 1998 s. 2)

"scheme" (計劃) means a provident fund scheme;

"scheme member" (計劃成員), in relation to a registered scheme, means a
person who has a beneficial interest in the registered scheme;

"self-employed person" (自僱人士) means a person whose relevant income

(otherwise than in the capacity as an employee) derives from his production
(in whole or in part) of goods or services in Hong Kong, or his trade in goods
or services in or from Hong Kong;

"service provider" (服務提供者), in relation to a provident fund scheme,
means an investment manager, custodian of scheme assets or other person
appointed or engaged by the trustee of the scheme to provide services for the
purposes of the scheme, and includes a person to whom the provision of those
services is delegated by such a manager, custodian or other person, but does
not include a person appointed or so engaged as an auditor, solicitor or
actuary; (Added 4 of 1998 s. 2)

"share" (股份) means a share in the capital of a company, and includes the
stock or any part of the stock of the company; (Added 4 of 1998 s. 2)

"spouse" (配偶), in relation to a person, includes a person of the opposite
sex with whom the person is cohabiting in a bona fide domestic relationship as
man and wife; (Added 4 of 1998 s. 2)

"subsidiary" (附屬公司) has the meaning assigned to it by section 2(4),
(5) and (6) of the Companies Ordinance ( Cap 32); (Added 1 of 2008 s. 51)

"total incapacity" (完全喪失行為能力), in relation to a scheme member,
means permanent unfitness to perform the kind of work that the member was last
performing before becoming incapacitated; (Added 4 of 1998 s. 2. Amended 29 of
2002 s. 2)

"trustee" (受託人) includes a prospective trustee;

"voluntary contribution" (自願性供款) means a contribution paid to a
registered  scheme in accordance with section 11; (Added 4 of 1998 s. 2)

"voting share" (有表決權股份), in relation to a company, means an issued
share in the company that confers a right to vote, not being a right to vote
that is exercisable only in one or more of the following circumstances-

   (a)  during a period during which a dividend (or part of a dividend) in
        respect of the share is in arrears;

   (b)  on a proposal by the company to redeem or purchase its own shares;

   (c)  on a proposal by the company to reduce its share capital;

   (d)  on a proposal that affects rights attached to the share;

   (e)  on a proposal to wind up the company;

   (f)  on a proposal for the disposal of the whole of the company's property,
        business and undertaking;

   (g)  during the winding up of the company. (Added 4 of 1998 s. 2)

"working day" (工作日) means any day other than-

   (a)  a public holiday;

   (b)  a gale warning day or black rainstorm warning day within the meaning
        of section 71(2) of the Interpretation and General Clauses  Ordinance
        ( Cap 1). (Added 2 of 2002 s. 2) (Amended 4 of 1998 s. 2)

(2) If relevant employees-

   (a)  are engaged in an industry for which a provident fund scheme is
        registered as an industry scheme; and

   (b)  employed in that industry by an employer on a day to day basis or for
        a fixed period of less than 60 days, the Authority may, by order
        published in the Gazette, declare those employees to be
        casual employees for the purposes of this Ordinance. (Added 4 of 1998
        s. 2)

(3) For the avoidance of doubt, it is hereby declared that an amount that is
paid as a contribution to a registered scheme contingently on the basis that
the amount will later constitute a mandatory  contribution to the scheme shall
for all purposes be treated as a mandatory contribution to the scheme (and the
provisions of this Ordinance shall apply accordingly) unless and until it is
certain that the amount will not constitute a mandatory contribution to the
scheme. (Added 2 of 2002 s. 2)
__________________________________________________________________________
Note:

* This paragraph was amended by section 56 of the Mandatory Provident
Fund Schemes (Amendment)     Ordinance 2008 (1 of 2008). The application 
provision contained in section 57 of that Amendment Ordinance reads as
follows-

"57. Application of the Mandatory Provident Fund
Schemes (Amendment) Ordinance 2008

The Mandatory Provident Fund Schemes Ordinance ( Cap 485) as amended by
section 56 of the Mandatory Provident Fund Schemes (Amendment) Ordinance 2008
(1 of 2008) applies in relation to a contribution period that begins on or
after the date of commencement# of that section.".

# Commencement date: 1 November 2008. "accrued benefits" (累算權益)
"administer" (管理) "Advisory Committee" (諮詢委員會) "Appeal Board"
(上訴委員會) "apprentice" (學徒) "approved trustee" (核准受託人)
"associate" (有聯繫者) "associated company" (有聯繫公司) "Authority"
(管理局) "authorized person" (獲授權人) "casual employee"
(臨時僱員) "chief executive officer" (行政總裁) "close relative"
(近親) "company" (公司) "compensation fund" (補償基金) "conditions"
(條件) "contract of employment" (僱傭合約) "contribution account"
(供款帳戶) "controller" (控權人) "corporation" (法團) "Court"
"employment" (僱用、受僱) "employee" (僱員) "employer" (僱主)
"employer sponsored scheme" (僱主營辦計劃) "exempt person"
(獲豁免人士) "functions" (職能) "governing rules" (管限規則) "the
guidelines" (指引) "industry" (行業) "industry scheme" (行業計劃)
"Industry Schemes Committee" (行業計劃委員會) "Managing Director"
(行政總監) "mandatory contribution" (強制性供款) "master trust
scheme" (集成信託計劃) "maximum level of relevant income"
(最高有關入息水平) "minimum level of relevant income"
(最低有關入息水平) "minimum MPF benefits"
(最低強制性公積金利益) "non-Hong Kong company" (非香港公司)
"occupational retirement scheme" (職業退休計劃) "officer" (高級人員)
"participating employer" (參與僱主) "personal representative"
(遺產代理人) "practicable" (切實可行) "premises" (處所) "preserved
account" (保留帳戶) "provident fund scheme" (公積金計劃) "record"
(紀錄) "registered scheme" (註冊計劃) "the regulations" (《規例》)
"relevant employee" (有關僱員) "relevant income" (有關入息)
"remuneration" (酬金) "retirement age" (退休年齡) "the rules"
(《規則》) "scheme" (計劃) "scheme member" (計劃成員) "self-employed
person" (自僱人士) "service provider" (服務提供者) "share" (股份)
"spouse" (配偶) "subsidiary" (附屬公司) "total incapacity"
(完全喪失行為能力) "trustee" (受託人) "voluntary contribution"
(自願性供款) "voting share" (有表決權股份) "working day"
(工作日)