Hong Kong Ordinances Hong Kong Ordinances
- CHAPTER 485
TABLE OF PROVISIONS
Long Title
1. Short title
2. Interpretation
3. Application
4. Exemptions
5. Members of certain occupational retirement schemes to be exempted
from this Ordinance
5A. Register of exempt schemes to be kept
6. Establishment of Mandatory Provident Fund Schemes Authority
6A. Membership of Authority
6B. Managing Director of Authority
6C. Chairperson and deputy chairperson of the Authority
6D. Authority may establish committees
6E. Functions of Authority
6F. Authority may delegate functions
6G. Power to appoint staff and consultants
6H. Authority may issue guidelines
6I. Authority to prepare annual report
6J. Authority to prepare corporate plan
6K. Preparation of other reports by Authority
6L. Financial year of the Authority
6M. MPFA Administration Account
6N. Authority to keep proper accounting records
6O. Authority to appoint auditor
6P. Authority's financial statements to be audited
6Q. Investment of surplus funds
6QA. Authority may borrow money
6R. Establishment of Advisory Committee
6S. Meetings of the Advisory Committee
6T. Functions of Advisory Committee
6U. Establishment of Industry Schemes Committee
6V. Meetings of Industry Schemes Committee
6W. Functions of Industry Schemes Committee
7. Employer to arrange for employees to become scheme members, etc.
7A. Employer and relevant employees required to contribute to registered
scheme
7B. Sections 7 and 7A not to apply to certain employees
7C. Duty of self-employed person to become scheme member
7D. Application of Ordinance to certain employees and self-employed
persons
8. (Repealed 4 of 1998 s. 2)
9. Minimum level of income for contribution purposes
10. Maximum level of income for contribution purposes
10A. Authority to conduct review of minimum and maximum levels of
relevant income every 4 years
11. Voluntary contributions
12. Contributions to vest in scheme members as accrued benefits
12A. Certain amounts relating to severance payments and long service
payments to be paid from accrued benefits
13. Preservation of accrued benefits derived from contributions
14. Portability of accrued benefits
15. Withdrawal of accrued benefits
16. Protection of accrued benefits
17. Compensation for losses in respect of accrued benefits
17A. Scheme member may claim compensation from compensation fund
17B. Application to Court
17C. Administrators to pay compensation to specified person
18. Recovery of arrears and contribution surcharges*
19. Powers of Authority in relation to mandatory contributions
19A. Power of Authority to require production of records
19B. Authority may pay special contributions into accounts of scheme
members
19C. Authority may require information or documents necessary for paying
special contributions
19D. Authority may require approved trustees to take actions necessary for
paying special contributions
19E. Authority may recover special contributions that should not have been
paid
19F. Vesting of special contributions
19G. Liability to pay other contributions
19H. Part IIIA prevails over any instruments applicable to registered
schemes
20. Approval of trustees
20A. Suspension of approval of approved trustee
20B. Revocation of approval of approved trustee
20C. Register of approved trustees to be kept
21. Application for registration as employer sponsored scheme or master
trust scheme
21A. Applications for registration of schemes as industry schemes
21B. Register of schemes to be kept
21C. Regulations with respect to registered schemes
22. Approved trustee to comply with prescribed requirements and standards
22A. Annual statements to be lodged with the Authority
22B. Annual registration fee to be paid to the Authority
23. Residual Provident Fund Scheme
24. Trustee's covenants in respect of governing rules
25. Duties of officers of corporate trustees
26. Governing rules not to exempt approved trustee from liability for
breach of trust etc.
27. Duties and powers of approved trustees of registered schemes
28. Authority may publish guidelines on forbidden investment practices in
relation to registered schemes
29. Restricted investments
30. Report of auditor
30A. General power of inspection
31. Information and documents
32. Investigation
33. Suspension and termination of approved trustee's administration of
registered scheme
33A. Authority to appoint administrator on suspension or termination of
trustee's administration
33B. Authority to appoint replacement trustee on termination of approved
trustee's administration
34. Voluntary winding up of employer sponsored scheme
34A. Winding up of registered schemes otherwise than in accordance with
section 34 or 34D
34B. Authority may consent to restructuring of registered schemes*
34C. (Repealed 29 of 2002 s. 10)
34D. Cancellation of registration of registered scheme which has no scheme
members, etc.
35. Appeal Board
36. Constitution and powers of Appeal Board
37. Appeal Board's decision is final
38. Supplementary provisions relating to appeals
39. Case may be stated for Court of Appeal
40. Offences relating to appeal
41. Persons not to disclose certain information
42. Authority may disclose certain information despite section 41
42A. Protection for auditors and service providers
42B. Immunity
43. Offence for unapproved person to carry on business as approved
trustee, etc.
43A. Offences by approved trustees
43B. Offences by employers
43C. Offences by self-employed persons
43D. Offence to obstruct Authority etc. in the exercise or performance of
functions
43E. Offence to make false or misleading statement
44. Liability of officers, managers and partners
45. Application and interpretation of sections 45B and 45C
45A. Power to make regulations for purposes of sections 45B and 45C
45B. Authority may serve notice requiring payment of financial penalty in
certain cases
45C. Proceedings for recovery of financial penalty
45D. How financial penalty is to be dealt with when paid or recovered
45E. Person not liable to be proceeded against for offence and financial
penalty relating to same matter
45F. Power of Court to make certain orders
45G. Right to bring civil proceedings to recover financial loss
46. Regulations
47. Rules
47A. Authority may specify or approve forms
47B. Rules against perpetuities not to apply to registered schemes
47C. Service of summons
48. Amendment of Schedules
49. (Omitted as spent)
SCHEDULE 1
SCHEDULE 1a
SCHEDULE 1b
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 5a
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9
[ Note: This table has been automatically generated and may be incomplete. ]