Contents of Section

Chapter:

485 PDFTitle:Mandatory Provident Fund Schemes OrdinanceGazette Number:16 of 2012
Section:30AHeading:General power of inspectionVersion Date:01/11/2012


(1) An authorized person may, at any reasonable time during ordinary business hours, enter premises at which the person reasonably believes that-

        (a) the affairs of a registered scheme are being conducted; or
        (b) any document relating to the scheme is being kept,
for the purpose of ascertaining whether or not the provisions of this Ordinance (except sections 34L, 34ZL and 34ZM), the requirements imposed under this Ordinance, or the conditions imposed under this Ordinance (except section 34X), are being complied with. (Amended 16 of 2012 s. 11)
(2) Subsection (1) does not authorize an authorized person to enter premises that are being used as a private dwelling.
(3) An authorized person may enter premises under this section without giving notice and without the consent of the occupier-
        (a) if entry is required urgently and the Authority has expressly authorized entry; or
        (b) if giving notice or obtaining the consent of the occupier would defeat the purpose for which it is intended to exercise the power of entry.
In all other circumstances, an authorized person must give the occupier of the premises reasonable notice of the intention to enter the premises.
(4) An authorized person who enters premises under this section may do any of the following-
        (a) inspect the premises and examine any record found on the premises that the person reasonably believes relates to a registered scheme;
        (b) take photographs of the premises or of any thing found on the premises that the authorized person reasonably believes relates to the scheme;
        (c) require the occupier of the premises or any person who is apparently an employee or agent of that occupier to provide the authorized person with such assistance and facilities as is or are reasonably necessary to enable the authorized person to exercise or perform that person's functions;
        (d) require any person on the premises to produce for inspection records under the control of the person relating to the scheme and, if any such records are not legible or are not in the English or Chinese language, to produce a statement in writing in English or Chinese setting out the contents of those records;
        (e) make copies of all or any part of any such records or statements.
(5) A person may exercise a power conferred by this section only if the person-
        (a) is in possession of a warrant of authority issued by the Authority; and
        (b) on being requested to do so, produces that warrant to the occupier of the premises sought to be entered, inspected or examined or to any other person in relation to whom it is sought to exercise that power.
(Added 4 of 1998 s. 2)