### Mandatory Provident Fund Schemes Ordinance 《強制性公積金計劃條例》

30A. General power of inspection
(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)

### Mandatory Provident Fund Schemes Ordinance 《強制性公積金計劃條例》

31. Information and documents
(1) The Authority may, by notice in writing served on an approved trustee of a registered scheme, require the approved trustee to give to the Authority within such period as may be specified in the notice any information or document relating to the scheme that is specified in the notice, but only if the information or document is in the possession, or under the control, of that trustee.
(2) Any approved trustee who, without reasonable excuse, fails to comply with a notice in writing referred to in subsection (1) commits an offence and is liable on summary conviction to a fine at level 6.
(Amended 4 of 1998 s. 2)

### Mandatory Provident Fund Schemes Ordinance 《強制性公積金計劃條例》

34DA. Interpretation
In this Part—
*commencement date (生效日期) means the date on which this Part comes into operation;

DIS constituent fund (預設投資策略成分基金) means—
(a) an Age 65 Plus Fund as defined by section 1 of Schedule 10; or
(b) a Core Accumulation Fund as defined by section 1 of Schedule 10;

out-of-pocket expenses (實付開支)—(a) means any of the following charges, expenses and fees (however described)—
(i) auditor’s fees for annual audit;
(ii) printing expenses and postage;
(iii) fund price publication expenses;
(iv) bank charges;
(v) governmental fees and charges (including stamp duties and licence fees);
(vi) other charges, expenses or fees that are properly incurred and permitted under this Ordinance or the governing rules; and
(b) does not include fees payable to the system operator of an electronic MPF system under section 19U; (Replaced 40 of 2021 s. 24)

pre-existing account (既有帳户) means an account of a scheme member of a registered scheme that was opened before the commencement date;
specific investment instructions (特定投資指示), in relation to an account of a scheme member of a registered scheme, means the instructions given by the member to the approved trustee of the scheme to invest the accrued benefits in the account according to the member’s selection as permitted under the governing rules.

### Mandatory Provident Fund Schemes Ordinance 《強制性公積金計劃條例》

34DB. Approved trustee to invest accrued benefits according to default investment strategy
(1) An approved trustee of a registered scheme—
(a) must provide in the governing rules of the scheme a default investment strategy that complies with Part 2 of Schedule 10;
(b) must ensure that any investment related to the strategy accords with the requirements under this Part and Part 2 of Schedule 10;
(c) subject to subsections (2), (3) and (4), must invest the accrued benefits of a scheme member according to the strategy; and
(d) must ensure that the strategy is available for selection by scheme members.
(2) The operation of subsection (1)(c) is subject to—
(a) any specific investment instructions given by the member for the accrued benefits; and
(b) Divisions 3 and 4.
(3) The trustee must not invest the accrued benefits in a pre-existing account of a scheme member according to the strategy if the trustee is aware that the member has reached 60 years of age before the commencement date, unless the member has given specific investment instructions to invest those benefits according to the strategy.
(4) Subsection (1)(c) does not oblige the trustee to invest the accrued benefits in an account of a scheme member of a registered scheme according to the strategy if—
(a) all or any of the accrued benefits in that account—
(i) have been transferred from an account in another registered scheme to that account in a restructuring to which the Authority consented under section 34B(5); and
(ii) were not invested according to the strategy before the restructuring; or
(b) all or any of the accrued benefits in that account have been invested in a constituent fund but the approval granted in respect of the fund has been cancelled by the Authority under section 21BB(1)(b).

34DC. Transfer of accrued benefits to an account within the same registered scheme
(1) If all or any of the accrued benefits in an account of a scheme member of a registered scheme (transferor account