### Occupational Retirement Schemes Ordinance 《職業退休計劃條例》

8. Appeal against the Registrar’s decision
(1) If the Registrar imposes, amends or revokes a condition for exemption of an occupational retirement scheme, the relevant employer of the scheme may appeal to the Appeal Board against the decision within 2 months after the date of the notice given under section 7(5B) or (5C). (Added 9 of 2020 s. 8)
(2) Where the Registrar refuses an application for an exemption certificate, the applicant may appeal to the Appeal Board against the refusal within 2 months after the date of the notice given under section 7(6). (Amended 9 of 2020 s. 8)

8A. Membership requirements for exempted schemes
(1) If, despite paragraph (c) of the definition of occupational retirement scheme

9. Periodic fee for exempted schemes
(1) Where the Registrar issues an exemption certificate in respect of an occupational retirement scheme, the relevant employer of that scheme shall pay to the Registrar a prescribed fee which is a periodic fee as may be appropriate in respect of—
(a) such period of 12 months during which the certificate continues to be valid and beginning on the first or any subsequent anniversary of the date of the certificate; or
(b) part of such a period.
(2) A periodic fee payable under subsection (1) shall be paid to the Registrar not later than 1 month after the first day of the period in respect of which it is payable.
(3) Where a periodic fee is not paid in accordance with subsection (2), there shall be chargeable upon the unpaid fee a surcharge equal to the amount of such unpaid fee which shall be paid together with such unpaid fee to the Registrar not later than 2 months after the first day of the period in respect of which the unpaid periodic fee is payable.

### Occupational Retirement Schemes Ordinance 《職業退休計劃條例》

14. Coming into effect of withdrawal
(1) A withdrawal under section 12 shall not come into effect—
(a) where no appeal is made in relation to it under section 13, until the period during which such an appeal may be made has expired; or
(b) where such an appeal is made, pending determination of the appeal or, in case such appeal is withdrawn, before such withdrawal.
(2) Where the Registrar withdraws an exemption certificate, in order to afford an opportunity to enable— (Amended 53 of 1995 s. 10)
(a) the requirement of or under this Ordinance which caused him to withdraw the exemption certificate to be complied with; or
(b) the registration of the scheme to be registered under section 18(1), (Amended 53 of 1995 s. 10)
he may defer the coming into effect of the withdrawal and, if so, shall give a notice in writing of the deferment of the withdrawal to the relevant employer of the scheme.
(3) The Registrar shall—
(a) publish a notice of the coming into effect of the withdrawal in a way the Registrar considers appropriate; and (Replaced 9 of 2020 s. 13)
(b) give a notice in writing of the coming into effect of the withdrawal to the relevant employer of the relevant occupational retirement scheme requiring him to—
(i) cause a copy of the notice to be sent 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
(ii) display an appropriate notice of the Registrar’s notice and make the latter available for inspection by such member.
(4) A person who fails to comply with a requirement under subsection (3)(b)(i) or (ii) commits an offence and is liable on summary conviction to a fine at level 3. (Replaced 9 of 2020 s. 13)

### Occupational Retirement Schemes Ordinance 《職業退休計劃條例》

15. Application for registration
An application for registration of an occupational retirement scheme under this Ordinance shall—
(a) be made by the relevant employer of the scheme, or for a group scheme under section 67 by the representative employer of the scheme, to the Registrar; (Amended 53 of 1995 s. 11)
(b) be made in a form specified by the Registrar;
(c) be made in accordance with the registration rules made under section 73(1)(d);
(d) be accompanied by the prescribed fee and a copy of a power of attorney (if any) executed under section 67; (Amended 53 of 1995 s. 11)
(e) be accompanied—
(i) in case the scheme to which the application relates is a participating scheme of a pooling agreement, by the documents set out in Part 2 of Schedule 1; or
(ii) in case the scheme is not such a participating scheme of a pooling agreement, by the documents set out in Part 1 of Schedule 1,
and such documents set out in Part 3 of Schedule 1 as may be applicable in the case of the application;
(f) be accompanied by an undertaking given—
(i) where the scheme—
(A) is or proposes to become a participating scheme of a pooling agreement, by the administrator of the pooling agreement;
(B) is not a participating scheme of a pooling agreement and is, or is proposed to be, governed by a trust, by each of the trustees or proposed trustees concerned;
(C) is not a participating scheme of a pooling agreement and is, or is proposed to be, the subject of or regulated by an insurance arrangement, by the relevant insurer or proposed insurer,
who is (in the case of an individual) ordinarily resident in Hong Kong and is the holder of an identity card within the meaning of the Registration of Persons Ordinance (Cap. 177) or which has (in the case of a body corporate) a place of business in Hong Kong; or
(ii) in any other case or where none of the administrator, trustees or insurer referred to in subparagraph (i)(A), (B) or (C) is a person who is ordinarily resident in Hong Kong and is the holder of an identity card within the meaning of the Registration of Persons Ordinance (Cap. 177) or body corporate having a place of business in Hong Kong, by such suitable person as the Registrar may direct,
stating that he undertakes to perform in relation to the scheme the functions imposed or conferred on a designated person by this Ordinance.

### Occupational Retirement Schemes Ordinance 《職業退休計劃條例》

16. Registrar may require information or amendment of documents
Where the Registrar receives an application under section 15, he may—
(a) 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;
(b) require any document given under section 15(e) to be amended in such manner as he may reasonably direct.

17. Waiver and modification of registration requirements
(1) Where an application for the registration of an occupational retirement scheme which is a participating scheme of a pooling agreement is made under section 15 in anticipation of the cessation of the effect of the scheme’s original registration under section 23(5), the Registrar may as regards the scheme waive or modify wholly or partly any requirement of any provision of this Ordinance relating to application for registration if he is satisfied that—
(a) upon the registration being applied for the scheme will become a participating scheme of another pooling agreement;
(b) the terms and nature of the 2 pooling agreements are similar; and
(c) such waiver or modification will not prejudice the interests of the members of the scheme.
(2) On making any waiver or modification under subsection (1), the Registrar may impose such conditions as he thinks fit.

### Occupational Retirement Schemes Ordinance 《職業退休計劃條例》

19. Appeal against the Registrar’s decision
(1) If the Registrar imposes, amends or revokes a condition for registration of an occupational retirement scheme, the relevant employer of the scheme may appeal to the Appeal Board against the decision within 2 months after the date of the notice given under section 18(4A) or (4B). (Added 9 of 2020 s. 15)
(2) Where the Registrar refuses an application for registration, the applicant may appeal to the Appeal Board against the refusal within 2 months after the date of the notice given under section 18(6). (Amended 9 of 2020 s. 15)