Chapter Number and Title of Enactment
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Chapter: | 485 | Title: | Mandatory Provident Fund Schemes Ordinance |  | |
: If this pencil mark appears at the beginning of a provision, that provision is subject to amendments that are already in operation but have not yet been incorporated in its text.
| Cap 485 | Long title | |
| Cap 485 Part I | PRELIMINARY | |
| Cap 485 s 1 | Short title | |
| Cap 485 s 2 | Interpretation | |
| Cap 485 s 3 | Application | |
| Cap 485 s 4 | Exemptions | |
| Cap 485 s 5 | Members of certain occupational retirement schemes to be exempted from this Ordinance | |
| Cap 485 s 5A | Register of exempt schemes to be kept | |
| Cap 485 Part II | MANDATORY PROVIDENT FUND SCHEMES AUTHORITY | |
| Cap 485 s 6 | Establishment of Mandatory Provident Fund Schemes Authority | |
| Cap 485 s 6A | Membership of Authority | |
| Cap 485 s 6B | Managing Director of Authority | |
| Cap 485 s 6C | Chairperson and deputy chairperson of the Authority | |
| Cap 485 s 6D | Authority may establish committees | |
| Cap 485 s 6E | Functions of Authority | |
| Cap 485 s 6F | Authority may delegate functions | |
| Cap 485 s 6G | Power to appoint staff and consultants | |
| Cap 485 s 6H | Authority may issue guidelines | |
| Cap 485 s 6I | Authority to prepare annual report | |
| Cap 485 s 6J | Authority to prepare corporate plan | |
| Cap 485 s 6K | Preparation of other reports by Authority | |
| Cap 485 s 6KA | Designation of electronic system by Authority | |
| Cap 485 s 6L | Financial year of the Authority | |
| Cap 485 s 6M | MPFA Administration Account | |
| Cap 485 s 6N | Authority to keep proper accounting records | |
| Cap 485 s 6O | Authority to appoint auditor | |
| Cap 485 s 6P | Authority's financial statements to be audited | |
| Cap 485 s 6Q | Investment of surplus funds | |
| Cap 485 s 6QA | Authority may borrow money | |
| Cap 485 s 6R | Establishment of Advisory Committee | |
| Cap 485 s 6S | Meetings of the Advisory Committee | |
| Cap 485 s 6T | Functions of Advisory Committee | |
| Cap 485 s 6U | Establishment of Industry Schemes Committee | |
| Cap 485 s 6V | Meetings of Industry Schemes Committee | |
| Cap 485 s 6W | Functions of Industry Schemes Committee | |
| Cap 485 Part III | MANDATORY CONTRIBUTIONS AND VOLUNTARY CONTRIBUTIONS* | |
| Cap 485 s 7 | Employer to arrange for employees to become scheme members, etc. | |
| Cap 485 s 7A | Employer and relevant employees required to contribute to registered scheme | |
| Cap 485 s 7AA | Employer required to pay contributions to Authority where relevant employee not member of registered scheme | |
| Cap 485 s 7AB | Contributions paid under section 7AA be accompanied by statement | |
| Cap 485 s 7AC | Authority to pay contributions received under section 7AA to approved trustee | |
| Cap 485 s 7AD | Approved trustee¡¦s duties with regard to contributions received from Authority | |
| Cap 485 s 7AE | Certain contributions due for payment to the Authority on commencement of section 7AA | |
| Cap 485 s 7B | Sections 7, 7A and 7AA not to apply to certain employees* | |
| Cap 485 s 7C | Duty of self-employed person to become scheme member | |
| Cap 485 s 7D | Application of Ordinance to certain employees and self-employed persons | |
| Cap 485 s 8 | (Repealed 4 of 1998 s. 2) | |
| Cap 485 s 9 | Minimum level of income for contribution purposes | |
| Cap 485 s 10 | Maximum level of income for contribution purposes | |
| Cap 485 s 10A | Authority to conduct review of minimum and maximum levels of relevant income every 4 years | |
| Cap 485 s 11 | Voluntary contributions | |
| Cap 485 s 12 | Contributions to vest in scheme members as accrued benefits | |
| Cap 485 s 12A | Certain amounts relating to severance payments and long service payments to be paid from accrued benefits | |
| Cap 485 s 13 | Preservation of accrued benefits derived from contributions | |
| Cap 485 s 14 | Portability of accrued benefits | |
| Cap 485 s 15 | Withdrawal of accrued benefits | |
| Cap 485 s 16 | Protection of accrued benefits | |
| Cap 485 s 17 | Compensation for losses in respect of accrued benefits | |
| Cap 485 s 17A | Scheme member may claim compensation from compensation fund | |
| Cap 485 s 17B | Application to Court | |
| Cap 485 s 17C | Administrators to pay compensation to specified person | |
| Cap 485 s 18 | Recovery of arrears and contribution surcharges* | |
| Cap 485 s 19 | Powers of Authority in relation to mandatory contributions | |
| Cap 485 s 19A | Power of Authority to require production of records | |
| Cap 485 Part IIIA | SPECIAL CONTRIBUTIONS | |
| Cap 485 s 19B | Authority may pay special contributions into accounts of scheme members | |
| Cap 485 s 19C | Authority may require information or documents necessary for paying special contributions | |
| Cap 485 s 19D | Authority may require approved trustees to take actions necessary for paying special contributions | |
| Cap 485 s 19E | Authority may recover special contributions that should not have been paid | |
| Cap 485 s 19F | Vesting of special contributions | |
| Cap 485 s 19G | Liability to pay other contributions | |
| Cap 485 s 19H | Part IIIA prevails over any instruments applicable to registered schemes | |
| Cap 485 Part IV | MANDATORY PROVIDENT FUND SCHEMES | |
| Cap 485 s 20 | Approval of trustees | |
| Cap 485 s 20A | Suspension of approval of approved trustee | |
| Cap 485 s 20B | Revocation of approval of approved trustee | |
| Cap 485 s 20C | Register of approved trustees to be kept | |
| Cap 485 s 21 | Application for registration as employer sponsored scheme or master trust scheme | |
| Cap 485 s 21A | Applications for registration of schemes as industry schemes | |
| Cap 485 s 21B | Register of schemes to be kept | |
| Cap 485 s 21C | Regulations with respect to registered schemes | |
| Cap 485 s 22 | Approved trustee to comply with prescribed requirements and standards | |
| Cap 485 s 22A | Annual statements to be lodged with the Authority | |
| Cap 485 s 22B | Annual registration fee to be paid to the Authority | |
| Cap 485 s 23 | Residual Provident Fund Scheme | |
| Cap 485 s 24 | Trustee's covenants in respect of governing rules | |
| Cap 485 s 25 | Duties of officers of corporate trustees | |
| Cap 485 s 26 | Governing rules not to exempt approved trustee from liability for breach of trust etc. | |
| Cap 485 s 27 | Duties and powers of approved trustees of registered schemes | |
| Cap 485 s 28 | Authority may publish guidelines on forbidden investment practices in relation to registered schemes | |
| Cap 485 s 29 | Restricted investments | |
| Cap 485 s 30 | Report of auditor | |
| Cap 485 s 30A | General power of inspection | |
| Cap 485 s 31 | Information and documents | |
| Cap 485 s 32 | Investigation | |
| Cap 485 s 33 | Suspension and termination of approved trustee's administration of registered scheme | |
| Cap 485 s 33A | Authority to appoint administrator on suspension or termination of trustee's administration | |
| Cap 485 s 33B | Authority to appoint replacement trustee on termination of approved trustee's administration | |
| Cap 485 s 34 | Voluntary winding up of employer sponsored scheme | |
| Cap 485 s 34A | Winding up of registered schemes otherwise than in accordance with section 34 or 34D | |
| Cap 485 s 34B | Authority may consent to restructuring of registered schemes* | |
| Cap 485 s 34C | (Repealed 29 of 2002 s. 10) | |
| Cap 485 s 34D | Cancellation of registration of registered scheme which has no scheme members, etc. | |
| Cap 485 Part IVA | Sales and Marketing Activities, and Giving of Advice, in relation to Registered Schemes | |
| Cap 485 Part IVA Division 1 | Preliminary | |
| Cap 485 s 34E | Interpretation | |
| Cap 485 s 34F | Regulated activity, material decision and regulated advice | |
| Cap 485 s 34G | Principal intermediary | |
| Cap 485 s 34H | Subsidiary intermediary | |
| Cap 485 s 34I | Responsible officer and specified responsibilities | |
| Cap 485 s 34J | Revocation or suspension of qualification as Type A regulatee | |
| Cap 485 s 34K | Revocation or suspension of qualification as Type B regulatee | |
| Cap 485 Part IVA Division 2 | Prohibitions | |
| Cap 485 s 34L | Prohibition against carrying on regulated activities etc. | |
| Cap 485 s 34M | Exceptions to section 34L | |
| Cap 485 s 34N | Offence relating to prohibitions | |
| Cap 485 Part IVA Division 3 | Investigation concerning Contravention of Prohibition | |
| Cap 485 s 34O | Initiating investigation | |
| Cap 485 s 34P | Investigation powers | |
| Cap 485 Part IVA Division 4 | Registration of Intermediaries and Approval of Responsible Officers | |
| Cap 485 s 34Q | Register of intermediaries | |
| Cap 485 s 34R | Register to be made available through internet | |
| Cap 485 s 34S | Contents of Register | |
| Cap 485 s 34T | Registration as principal intermediary and related matters | |
| Cap 485 s 34U | Registration as subsidiary intermediary | |
| Cap 485 s 34V | Approval of attachment of subsidiary intermediary to principal intermediary | |
| Cap 485 s 34W | Approval as responsible officer | |
| Cap 485 s 34X | Authority may impose conditions on registration or approval | |
| Cap 485 s 34Y | Procedural requirement for rejecting application, or imposing or amending conditions | |
| Cap 485 s 34Z | Assignment of frontline regulator for principal intermediary | |
| Cap 485 s 34ZA | Assignment of frontline regulator for subsidiary intermediary | |
| Cap 485 s 34ZB | Assignment of frontline regulator for responsible officer | |
| Cap 485 Part IVA Division 5 | Change in Circumstances after Registration or Approval | |
| Cap 485 s 34ZC | Principal intermediary ceasing to be Type A regulatee etc. | |
| Cap 485 s 34ZD | Principal intermediary without responsible officer | |
| Cap 485 s 34ZE | Other change in relation to principal intermediary | |
| Cap 485 s 34ZF | Subsidiary intermediary ceasing to be Type B regulatee etc. | |
| Cap 485 s 34ZG | Subsidiary intermediary without principal intermediary | |
| Cap 485 s 34ZH | Subsidiary intermediary whose principal intermediary having registration revoked | |
| Cap 485 s 34ZI | Other change in relation to subsidiary intermediary | |
| Cap 485 s 34ZJ | Responsible officer no longer attached to principal intermediary | |
| Cap 485 s 34ZK | Responsible officer ceasing to have sufficient authority within principal intermediary etc. | |
| Cap 485 Part IVA Division 6 | Conduct and Other Requirements for Intermediaries and Responsible Officers | |
| Cap 485 s 34ZL | Conduct requirements for registered intermediary | |
| Cap 485 s 34ZM | Conduct requirements for responsible officer | |
| Cap 485 s 34ZN | Annual fees | |
| Cap 485 s 34ZO | Annual return | |
| Cap 485 s 34ZP | Continuing training | |
| Cap 485 Part IVA Division 7 | Inspection and Investigation Concerning Failure to Comply with Performance Requirement | |
| Cap 485 s 34ZQ | Initiating inspection powers for monitoring compliance | |
| Cap 485 s 34ZR | Inspection powers | |
| Cap 485 s 34ZS | Inspection powers exercisable in relation to former regulated person | |
| Cap 485 s 34ZT | Initiating investigation powers for suspected non-compliance | |
| Cap 485 s 34ZU | Investigation powers | |
| Cap 485 s 34ZV | Investigation powers exercisable in relation to former regulated persons | |
| Cap 485 Part IVA Division 8 | Disciplinary Order for Failure to Comply with Performance Requirements | |
| Cap 485 s 34ZW | Authority may make disciplinary order | |
| Cap 485 s 34ZX | When disciplinary order takes effect | |
| Cap 485 s 34ZY | Further action by Authority | |
| Cap 485 s 34ZZ | Procedural requirement for Authority before making disciplinary order or taking further action | |
| Cap 485 s 34ZZA | Application of disciplinary powers in relation to former regulated person | |
| Cap 485 Part IVA Division 9 | Miscellaneous | |
| Cap 485 Part IVA Division 9 Subdivision 1 | Provisions Supplementary to Divisions 3 and 7 | |
| Cap 485 s 34ZZB | Inspection and investigation powers in relation to certain entity | |
| Cap 485 s 34ZZC | Offences relating to sections 34P, 34ZR and 34ZU | |
| Cap 485 s 34ZZD | Court to inquire into failure to comply with inspection or investigation requirement | |
| Cap 485 s 34ZZE | Use of incriminating evidence in proceedings | |
| Cap 485 s 34ZZF | Magistrate¡¦s warrant | |
| Cap 485 Part IVA Division 9 Subdivision 2 | Other Miscellaneous Provisions | |
| Cap 485 s 34ZZG | Registration or approval revocable on request | |
| Cap 485 s 34ZZH | Notice of revocation, suspension, etc. | |
| Cap 485 s 34ZZI | Effect of revocation and suspension | |
| Cap 485 s 34ZZJ | Payment by Authority to industry regulator in relation to expenditure or cost for services | |
| Cap 485 s 34ZZK | Transitional and saving provisions | |
| Cap 485 Part V | APPEALS | |
| Cap 485 s 35 | Appeal Board | |
| Cap 485 s 36 | Constitution and powers of Appeal Board | |
| Cap 485 s 37 | Appeal Board's decision is final | |
| Cap 485 s 38 | Supplementary provisions relating to appeals | |
| Cap 485 s 39 | Case may be stated for Court of Appeal | |
| Cap 485 s 40 | Offences relating to appeal | |
| Cap 485 Part VI | MISCELLANEOUS | |
| Cap 485 s 41 | Persons not to disclose certain information | |
| Cap 485 s 42 | Authority may disclose certain information despite section 41 | |
| Cap 485 s 42AA | Authority or specified entity may disclose information obtained under Part IVA despite section 41 | |
| Cap 485 s 42AB | Person not to disclose information obtained in the course of inspection, investigation or disciplinary action | |
| Cap 485 s 42A | Protection for auditors and service providers | |
| Cap 485 s 42B | Immunity | |
| Cap 485 s 43 | Offence for unapproved person to carry on business as approved trustee, etc. | |
| Cap 485 s 43A | Offences by approved trustees | |
| Cap 485 s 43B | Offences by employers | |
| Cap 485 s 43BA | Court may make certain orders in proceedings for offences under section 43B | |
| Cap 485 s 43C | Offences by self-employed persons | |
| Cap 485 s 43D | Offence to obstruct Authority etc. in the exercise or performance of functions | |
| Cap 485 s 43E | Offence to make false or misleading statement | |
| Cap 485 s 43F | Offence relating to pay-record | |
| Cap 485 s 44 | Liability of officers, managers and partners | |
| Cap 485 s 44A | Proof of certain matters in proceedings for offence under section 43B(3A) | |
| Cap 485 s 45 | Application and interpretation of sections 45B and 45C | |
| Cap 485 s 45A | Power to make regulations for purposes of sections 45B and 45C | |
| Cap 485 s 45B | Authority may serve notice requiring payment of financial penalty in certain cases | |
| Cap 485 s 45C | Proceedings for recovery of financial penalty | |
| Cap 485 s 45D | How financial penalty is to be dealt with when paid or recovered | |
| Cap 485 s 45E | Person not liable to be proceeded against for offence and financial penalty relating to same matter | |
| Cap 485 s 45F | Power of Court to make certain orders | |
| Cap 485 s 45G | Right to bring civil proceedings to recover financial loss | |
| Cap 485 s 46 | Regulations | |
| Cap 485 s 47 | Rules | |
| Cap 485 s 47A | Authority may specify or approve forms | |
| Cap 485 s 47B | Rules against perpetuities not to apply to registered schemes | |
| Cap 485 s 47C | Service of summons | |
| Cap 485 s 48 | Amendment of Schedules | |
| Cap 485 s 49 | (Omitted as spent¡XE.R. 1 of 2013) | |
| Cap 485 Sched 1 | Exempt Persons | |
| Cap 485 Sched 1A | Provisions Relating to Authority | |
| Cap 485 Sched 1B | Delegation of Functions of Authority | |
| Cap 485 Sched 2 | Minimum Level of Relevant Income Per Contribution Period | |
| Cap 485 Sched 3 | Maximum Level of Relevant Income Per Contribution Period | |
| Cap 485 Sched 4 | (Repealed 4 of 1998 s. 2) | |
| Cap 485 Sched 5 | Covenants to be Implied in Governing Rules | |
| Cap 485 Sched 5A | Procedure at Inquiries | |
| Cap 485 Sched 5B | Transitional and Saving Provisions for Part IVA | |
| Cap 485 Sched 6 | Decisions which may be the Subject of an Appeal | |
| Cap 485 Sched 7 | Age Specified for the Purposes of section 15(2) | |
| Cap 485 Sched 8 | Associates and Associated Companies* | |
| Cap 485 Sched 9 | (Omitted as spent¡XE.R. 1 of 2012) |
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