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

34F. Regulated activity, material decision and regulated advice
(1) For the purposes of this Part, a person carries on a regulated activity if the person—
(a) invites or induces, or attempts to invite or induce, another person to make a material decision; or
(b) gives regulated advice.
(2) Despite subsection (1), a person does not carry on a regulated activity if—
(a) the person issues an advertisement, invitation or document; and
(b) the issue is authorized by the Securities and Futures Commission under section 105 of the Securities and Futures Ordinance (Cap. 571).
(3) For the purposes of this Part, a person makes a material decision if the person makes a decision as to any matter specified in subsection (5).
(4) For the purposes of this Part, a person gives regulated advice if the person gives an opinion in relation to any matter specified in subsection (5).
(5) The following matters are specified for the purposes of subsections (3) and (4)—
(a) whether, or when, to apply to join or become a member of a particular registered scheme;
(b) whether, or when, to apply to participate in a particular registered scheme as an employer;
(c) whether, or when, to pay contributions (including voluntary contributions) to a particular registered scheme, or to invest in a particular constituent fund of a registered scheme;
(d) the amount of contributions (including voluntary contributions) to be paid to a particular registered scheme, or the amount to be invested in a particular constituent fund of a registered scheme;
(e) whether, or when, to transfer accrued benefits from a particular registered scheme to another particular registered scheme, or from a particular constituent fund of a registered scheme to another particular constituent fund of the registered scheme;
(f) the amount of accrued benefits to be transferred from a particular registered scheme to another particular registered scheme, or from a particular constituent fund of a registered scheme to another particular constituent fund of the registered scheme;
(g) whether, or when, to transfer benefits from an occupational retirement scheme to a particular registered scheme;
(h) the amount of benefits to be transferred from an occupational retirement scheme to a particular registered scheme;
(i) whether, or when, to make a claim for the payment of accrued benefits from a registered scheme;
(j) the amount of a claim mentioned in paragraph (i).

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

34G. Principal intermediary
(1) In this Part—
(a) a person is a principal intermediary if the person is registered under section 34T(4) as an intermediary for carrying on regulated activities; and
(b) subject to section 34M(9)(a), such a person is still a principal intermediary even though the registration is suspended under this Part.
(2) In this Part, a reference to a registration of a person as a principal intermediary—
(a) is a reference to a registration under section 34T(4) as an intermediary for carrying on regulated activities; and
(b) includes such a registration that is suspended under this Part.

34H. Subsidiary intermediary
(1) In this Part—
(a) a person is a subsidiary intermediary if the person is registered under section 34U(4) as an intermediary for carrying on regulated activities for a principal intermediary to which the person is to be attached; and
(b) subject to section 34V(7), such a person is still a subsidiary intermediary even though the registration is suspended under this Part.
(2) In this Part, a reference to a registration of a person as a subsidiary intermediary—
(a) is a reference to a registration under section 34U(4) as an intermediary for carrying on regulated activities for a principal intermediary to which the person is to be attached; and
(b) includes such a registration that is suspended under this Part.
(3) In this Part—
(a) a person is a subsidiary intermediary attached to a principal intermediary if the person is approved under section 34V(4) as being attached to the principal intermediary for the purpose of carrying on regulated activities; and
(b) subject to sections 34M(9)(b) and 34W(7), such a person is still a subsidiary intermediary attached to the principal intermediary even though—
(i) the registration of the person as a subsidiary intermediary is suspended under this Part; or
(ii) the approval is suspended under this Part.
(4) In this Part, a reference to an approval of the attachment of a person to a principal intermediary—
(a) is a reference to an approval under section 34V(4) of the attachment of the person to the principal intermediary for the purpose of carrying on regulated activities; and
(b) includes such an approval that is suspended under this Part.

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

34I. Responsible officer and specified responsibilities
(1) In this Part—
(a) an individual is a responsible officer of a principal intermediary if the individual is approved under section 34W(4) as an officer with specified responsibilities in relation to the principal intermediary; and
(b) subject to section 34ZD(5), such an individual is still a responsible officer of the principal intermediary even though the approval is suspended under this Part.
(2) In this Part, a reference to the approval of an individual as a responsible officer of a principal intermediary—
(a) is a reference to an approval under section 34W(4) of the individual as an officer with specified responsibilities in relation to the principal intermediary; and
(b) includes such an approval that is suspended under this Part.
(3) In this Part, a reference to specified responsibilities in relation to a principal intermediary, is a reference to—
(a) the responsibility to ensure that the principal intermediary has established and maintains proper controls and procedures for securing compliance by the principal intermediary, and by each subsidiary intermediary attached to the principal intermediary, with this Part; and
(b) the responsibility to ensure that the principal intermediary uses the principal intermediary’s best endeavours to secure observance by subsidiary intermediaries attached to the principal intermediary of the controls and procedures mentioned in paragraph (a).

34J. Revocation or suspension of qualification as Type A regulatee
(1) For the purposes of this Part, a person has a qualification as a Type A regulatee revoked on disciplinary grounds if—
(a) in the case of the qualification mentioned in paragraph (a)(i) of the definition of  Type A regulatee

34K. Revocation or suspension of qualification as Type B regulatee
(1) For the purposes of this Part, a person has a qualification as a Type B regulatee revoked on disciplinary grounds if—
(a) in the case of the qualification mentioned in paragraph (a)(i) of the definition of Type B regulatee

34L. Prohibition against carrying on regulated activities etc.
(1) A person must not carry on any regulated activity—
(a) in the course of the person’s business or employment; or
(b) for reward.
(2) A person must not hold themselves out—
(a) as carrying on regulated activities in the course of the person’s business or employment; or
(b) as carrying on regulated activities for reward.
(3) A person must not take or use—
(a) the title of “principal intermediary”, “subsidiary intermediary”, “主事中介人” or “附屬中介人”; or
(b) any other title suggesting that the person carries on regulated activities—
(i) in the course of the person’s business or employment; or
(ii) for reward.