Adaptation amendments retroactively made - see 31 of 1999 s. 3
(1) The Registrar may on an application in writing issue an exemption certificate in respect of an occupational retirement scheme.
(2) An application under this section shall be-
(a) made by the relevant employer of an occupational retirement scheme, or for a group scheme under section 67 by the representative employer of the scheme; (Amended 53 of 1995 s. 5)
(b) made in such form as may be specified by the Registrar; and
(c) accompanied by-
(i) the prescribed fee;
(ii) a copy of a power of attorney executed under section 67 (if any); and (Amended 53 of 1995 s. 5)
(iii) such information or document as may be specified by the Registrar.
(3) The relevant employer of an occupational retirement scheme who makes an application under this section shall within such period as the Registrar may specify-
(a) give a written notice of the application to each member of the scheme who is the holder of an identity card within the meaning of the Registration of Persons Ordinance (Cap 177); or
(b) display an appropriate notice of the application and make it available for inspection by such member,
as the Registrar may direct.
(4) The Registrar may allow an application for an exemption certificate if he receives a written statement by the relevant employer that such employer has complied with subsection (3) and is satisfied-
(a) (where the occupational retirement scheme to which the application relates is an offshore scheme) that the scheme is registered or approved by an authority in a country, territory or place outside Hong Kong and that the authority performs in that country, territory or place functions which are generally analogous to the functions conferred on the Registrar by this Ordinance; or (Amended 31 of 1999 s. 3)
(b) (in the case of an existing scheme) that on the date of the application not more than either 10% or 50 of that scheme's members, whichever is less, are Hong Kong permanent identity card holders; or
(c) (in the case of a proposed scheme) that on the establishment of the scheme not more than either 10% or 50 of that scheme's members, whichever is less, will be Hong Kong permanent identity card holders.
(5) Where the Registrar receives an application under subsection (1), he may require the applicant to supply to him such information or document (including a legal opinion on a matter specified by the Registrar) as he shall specify which is reasonably required to enable him to determine the application.
(6) Where the Registrar refuses an application for an exemption certificate, he shall give a written notice of the refusal to the applicant which notice shall state the reason for refusal.