Hong Kong Regulations

MANDATORY PROVIDENT FUND SCHEMES (EXEMPTION) REGULATION - SECT 16

Exemption

(1) The Authority may on an application in writing issue an
exemption certificate to the relevant employer in respect of a relevant 
ORSO registered scheme if the Authority is satisfied that the application and
the scheme comply with the requirements of or under this Regulation which are
applicable to the application or scheme, as the case may be.

(2) An application under this section shall be-

   (a)  made by the trustee of the relevant ORSO registered scheme;

   (b)  made in such form as may be specified by the Authority;

   (c)  accompanied by-

        (i)    the prescribed fee;

        (ii)   a copy of the latest governing rules of the scheme; and

        (iii)  such other documents (including statutory declarations, and
               documents proving the date of establishment of the scheme) as
               may be specified by the Authority; and

   (d)  made before the specified date or such later date as the Authority may
        specify in writing, either generally or in a particular case or class
        of cases.

(3) Without prejudice to the generality of subsection (2), where a
relevant ORSO registered scheme ("new scheme") is such a scheme by virtue of
sections 2(2) and 14, an application under this section shall also be
accompanied by-

   (a)  a statement setting out-

        (i)    the reason for establishing the new scheme; and

        (ii)   the eligibility requirements for members of the original 
               schemes to be transferred to the new scheme;

   (b)  if the new scheme is established before the relevant date, a copy of
        the governing rules of each of the original schemes as those rules
        were immediately before the respective members of those schemes were
        transferred to the new scheme; and

   (c)  the documents providing for the transfer, if any, of assets from the
        original schemes to the new scheme.

(4) Where the Authority receives an application under this section, the
Authority may require the applicant to supply to the Authority such
information or documents (including a legal opinion on a matter specified by
the Authority) as the Authority shall specify which is reasonably required to
enable him to determine the application.

(5) Where the Authority refuses an application for an exemption  certificate,
the Authority shall give a notice in writing of the refusal to the applicant
and the notice shall state the reason for the refusal.

(6) An appeal under section 35 of the Ordinance against a decision of the
Authority to refuse an application for an exemption certificate may be made by
the applicant within 2 months after the date on which the notice concerned
under subsection (5) is given.

*(7) In this section, "specified date" (指明日期) means a date specified
by the Authority-

   (a)  by notice in the Gazette; and

   (b)  for the purposes of this section.
        ___________________________________________________________________________
        ______ Note:

* 4 May 2000 was the day specified under this section - see Cap 485 sub. leg.
D.

"specified date" (指明日期)