Hong Kong Regulations

OCCUPATIONAL RETIREMENT SCHEMES (CONSULTATIVE COMMITTEES) RULES - SECT 4

Constitution of consultative committees

(1) 10 or more scheme members may propose to constitute a consultative
committee by sending to every scheme member a notice in writing expressing
such a proposal together with a consent form, in Form 1 in the Schedule, for
the member's signature.

(2) Members consenting to the constitution shall, within 21 days of the issue
of the notice, return to one of the proposing members a signed consent form.

(3) The consent of the majority of the scheme members is required for the
constitution of the consultative committee.

(4) The proposing members shall, not more than 28 days after sending the
notices under subsection (1), supply the designated person with the signed
consent forms that were returned within the required time under subsection
(2), and the designated person shall ensure that the consent forms are
available for inspection at the inauguration meeting by any scheme member who
wishes to do so.

(5) On being satisfied that consent forms were returned from the majority of
scheme members within the required time, the designated person shall give not
less than 14 days' notice to the scheme members, the administrator and the
relevant employer of the place, date and time at which the
inauguration meeting will take place, and the notice shall include-

   (a)  a proxy form, in Form 2 in the Schedule, which form shall be signed
        and returned to one of the proposing members not less than 3 days
        before the date of the meeting by a member who wishes to vote by
        proxy; and

   (b)  a nomination form for nominating a member for election to the
        consultative committee, in Form 3 in the Schedule, which form shall
        be-

        (i)    completed by a member wishing to make a nomination; and

        (ii)   sent to the designated person so that it is received by the
               designated person not less than 3 days before the date of the
               meeting.

(6) A scheme member may cancel a proxy by attending and voting in person at
the inauguration meeting.

(7) The quorum for the inauguration meeting shall be 5 scheme members
attending the meeting in person.

(8) A consultative committee shall consist of the number of members specified
in the resolution constituting the committee but shall be not less than 5 nor
more than 20, and the number shall not exceed 25% of the membership of the
scheme, as determined at the date of the meeting at which members of the
consultative committee are to be elected.

(9) The designated person shall be chairman of the inauguration  meeting.
(Enacted 1993)