Hong Kong Regulations

MANDATORY PROVIDENT FUND SCHEMES (EXEMPTION) REGULATION - SECT 23

Withdrawal of exemption certificate

(1) The Authority may withdraw an exemption certificate if, after considering
representations or objections made during the period set out in a notice given
under section 22(2), the Authority is satisfied that any of the requirements
of or under this Regulation applicable to or in relation to the relevant
ORSO registered scheme to which the certificate relates (including any
mandatory conditions) are not, or are no longer, being complied with.

(2) Where the Authority withdraws an exemption certificate, the Authority
shall give a notice in writing of the withdrawal to the relevant employer of
the relevant ORSO registered scheme to which the withdrawal relates requiring
the employer to-

   (a)  cause a copy of the notice to be sent to each member of the scheme who
        is a relevant employee; or

   (b)  display an appropriate notice of the Authority's notice and make the
        latter available for inspection by such member.

(3) A notice given by the Authority under subsection (2) shall-

   (a)  state the decision of the Authority;

   (b)  state that appeal against the withdrawal may be made to the Appeal
        Board within 2 months after the date on which the notice is given; and

   (c)  state the date on which the withdrawal will come into effect.

(4) An appeal under section 35 of the Ordinance against a withdrawal of an
exemption certificate may be made by the relevant employer of the relevant
ORSO registered scheme to which the certificate relates within 2 months after
the date on which the notice concerned under subsection (2) is given.