Hong Kong Regulations

MANDATORY PROVIDENT FUND SCHEMES (EXEMPTION) REGULATION - SECT 4

Existing members and new eligible employees to elect between ORSO exempted scheme and MPF scheme

PART II EXEMPTION OF ORSO EXEMPTED SCHEMES

(1) Subject to subsections (5) and (6), the relevant employer of an
ORSO exempted scheme shall, as soon as practicable after making an application
under section 5-

   (a)  in the case of an existing member, not later than-

        (i)    50 days before the relevant date; or

        (ii)   10 days after he became a relevant employee, whichever is the
               later;

   (b)  in the case of a new eligible employee, not later than 10 days after
        the employee became such an employee, provide the member or employee,
        as the case may be, with, subject to subsection (8), the information
        specified in Part 1 of Schedule 1 in relation to-

        (i)    the ORSO exempted scheme; and

        (ii)   the MPF scheme which the member or employee, as the case may
               be, is entitled or enabled to become a member thereof by virtue
               of his employment, in the Chinese and English languages.

(2) Subject to subsection (5), an existing member shall give notice in writing
to the relevant employer-

   (a)  not later than 30 days-

        (i)    before the relevant date; or

        (ii)   after he became a relevant employee, whichever is the later;
               and

   (b)  advising the employer that the member elects-

        (i)    to remain as a member of the ORSO exempted scheme; or

        (ii)   to become a member of the MPF scheme.

(3) Subject to subsection (6), a new eligible employee shall give notice in
writing to the relevant employer-

   (a)  not later than 30 days after the employee became such an employee; and

   (b)  advising the employer that the employee elects to become a member of-

        (i)    the ORSO exempted scheme; or

        (ii)   the MPF scheme.

(4) Subject to subsection (7), an existing member or new eligible  employee
who fails to make an election under subsection (2) or (3), as the case may be,
within the period prescribed under that subsection shall be deemed to have
elected to become a member of the MPF scheme and, in any such case, the
provisions of the Ordinance and the other provisions of this Regulation shall
apply accordingly.

(5) Subsections (1) and (2) shall not apply in the case of an existing member
of the ORSO exempted scheme who is required by an enactment of a place outside
Hong Kong to-

   (a)  remain as a member of the scheme; and

   (b)  make contributions to the scheme in relation to his employment by the
        relevant employer of the scheme.

(6) Subsections (1) and (3) shall not apply in the case of a new 
eligible employee who is required by an enactment of a place outside Hong Kong
to-

   (a)  become a member of the ORSO exempted scheme; and

   (b)  make contributions to the scheme in relation to his employment by the
        relevant employer of the scheme.

(7) Subsection (4) shall not apply in the case of an existing  member or
new eligible employee to which subsection (2) or (3), as the case may be, does
not apply by virtue of subsection (5) or (6) respectively.

(8) The Authority may, subject to such conditions as the Authority thinks fit,
by notice in writing (published in such manner as the Authority thinks fit)
waive or modify any of the provisions of Part 1 of Schedule 1 in the case of-

   (a)  a particular ORSO exempted scheme specified in the notice;

   (b)  an ORSO exempted scheme belonging to a class of ORSO exempted  schemes
        specified in the notice;

   (c)  a particular relevant employer specified in the notice; or

   (d)  a relevant employer belonging to a class of relevant employers
        specified in the notice.