Hong Kong Regulations

MANDATORY PROVIDENT FUND SCHEMES (GENERAL) REGULATION - SECT 31

Non-refusal of scheme applicants

(Past version on 23/06/2000).
(Past version on 03/08/1999).

(1) An application for membership of a registered scheme that is made by or on
behalf of a relevant employee of a participating employer, or by a
self-employed person who is 18 years of age or over and below retirement age,
must not be refused if that employee or person- (2 of 2002 s. 21)

   (a)  provides or is willing to provide the information required by the
        approved trustee with respect to such applications for membership of
        the scheme; and (L.N. 223 of 2000)

   (b)  agrees in writing to comply with the governing rules of the  scheme.

(1A) An application for participation in a registered scheme that is made by
or on behalf of an employer must not be refused if that employer-

   (a)  provides or is willing to provide the information required by the
        approved trustee with respect to applications for participation; and

   (b)  agrees in writing to comply with the governing rules of the  scheme.
        (L.N. 223 of 2000)

(1B) An application for membership of a registered scheme that is made by a
person only for the purpose of maintaining a preserved account within
the scheme must not be refused if that person-

   (a)  provides or is willing to provide the information required by the
        approved trustee with respect to such applications for membership of
        the scheme; and

   (b)  agrees in writing to comply with the governing rules of the  scheme.
        (L.N. 223 of 2000)

(2) The following information must be disclosed to a person who is considering
making an application to become a scheme member or participating employer-
(L.N. 223 of 2000)

   (a)  the requirements and information required for application for
        membership of or participation in the scheme; (L.N. 223 of 2000)

   (b)  the governing rules of the scheme;

   (c)  scheme information, including all of the fees and charges payable
        under the scheme.

(3) The information referred to in subsection (2)(c) must include

(but is not limited to) the actual amounts of the annual fees payable in
respect of-

   (a)  scheme members of the different income levels prescribed by the
        guidelines; and

   (b)  participating employers of the different scales of operation
        prescribed by the guidelines.

(4) A scheme applicant must be given a notice of acceptance within 30 days
from the date on which the applicant submits all the information required for
the application for membership of or participation in the  scheme, or from the
date on which the applicant agrees to observe and accept the governing rules
of the scheme, whichever is the later. (L.N. 223 of 2000)

(5) The membership of a scheme member may be terminated by the approved
trustee only in accordance with the governing rules of the scheme and-

   (a)  in the case of a scheme member who is a relevant employee, with the
        written agreement of that member or the participating employer of that
        member given not earlier than 60 days before the termination; or

   (b)  in the case of a scheme member who is a self-employed person or former
        self-employed person, and who is 18 years of age or over and below
        retirement age, with the written agreement of that member given not
        earlier than 60 days before the termination. (L.N. 223 of 2000; 2 of
        2002 s. 21)

(6) The participation of an employer may be terminated by the approved trustee
only in accordance with the governing rules of the scheme and with the written
agreement of the participating employer given not earlier than 60 days before
the termination. (L.N. 223 of 2000)

(7) In respect of a scheme member whose accrued benefits are being or have
been transferred pursuant to Part XII, no fees may be charged, no financial
penalties may be imposed and no other restrictions or requirements shall be
applied to prevent or to hinder the relevant participating employer or
the scheme member from terminating his participation in the registered scheme
of the transferor trustee or the liability to contribute to that registered
scheme. (L.N. 223 of 2000)