Hong Kong Regulations

MANDATORY PROVIDENT FUND SCHEMES (EXEMPTION) REGULATION - SECT 19

Withdrawal of exemption certificate on application by relevant employer

(1) The Authority may on an application in writing withdraw an
exemption certificate where the Authority is satisfied that-

   (a)  the grounds for withdrawal warrant the withdrawal; and

   (b)  if the certificate is withdrawn, the relevant employer of the
        ORSO registered scheme to which the certificate relates will not
        thereby be in breach of the provisions of the Ordinance.

(2) An application under this section shall-

   (a)  be made by the relevant employer;

   (b)  state the grounds for making the application;

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

   (d)  be accompanied by such information or documents (including statutory
        declarations) as may be specified by the Authority.

(3) 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
determine the application.

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

(5) An appeal under section 35 of the Ordinance against a decision of the
Authority to refuse an application to withdraw an exemption  certificate may
be made by the applicant within 2 months after the date on which the notice
concerned under subsection (4) is given.