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

69. Actuaries and solicitors to be independent of relevant employers
(1) Any thing required to be done under this Ordinance or any statement, certificate, report or other document required to be made or prepared under this Ordinance by an actuary or a solicitor in respect of an occupational retirement scheme shall be done, made or prepared by an actuary or solicitor who is not—
(a) the relevant employer of the scheme;
(b) an associate or employee of the employer; or
(c) a person having a contract of service with an employee referred to in paragraph (b).
(2) Where a statement, certificate, report or other document which purports to be made or prepared by an actuary or a solicitor in respect of an occupational retirement scheme is received by the Registrar, the Registrar may require—
(a) the person by whom the statement, certificate, report or other document purports to have been made or prepared;
(b) the administrator of the scheme; or
(c) the relevant employer of the scheme,
to supply to the Registrar a statement in writing, in a form specified by the Registrar, that the person is not a person referred to in subsection (1)(a), (b) or (c).

70. Professional qualifications
(1) Where a certificate, statement or report either accompanies an application for registration or is sent or supplied to the Registrar pursuant to a requirement under this Ordinance, the Registrar may by notice in writing require—
(a) in the case of an application, the applicant; or
(b) in any other case, the designated person of the relevant scheme,
to supply to the Registrar, within such period as is specified in the notice (being a period of not less than 1 month beginning on the date of the notice), particulars of the professional or other qualifications and experience of the person by whom the certificate, statement or report was given, issued or made.
(2) Where the Registrar makes a requirement under subsection (1) and—
(a) the requirement is not complied with; or
(b) having had regard to the purposes of this Ordinance and the result of relevant inquiries (if any) made by him under subsection (3), the Registrar reasonably considers the person by whom such certificate, statement or report was given, issued or made not to be suitably qualified to give, issue or make it,
he shall refuse to accept the relevant certificate, statement or report.
(3) Where the Registrar issues a notice under subsection (1), he may make such inquiries as he considers appropriate regarding the qualifications or experience of the person by whom the relevant certificate, statement or report was given, issued or made.

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

70B. Transfer of benefits
(1) The relevant employer of a registered scheme or an exempted scheme (receiving scheme

71. Chief Executive may amend Schedules
The Chief Executive may amend any Schedule by order published in the Gazette.
(Amended 31 of 1999 s. 3)

72. Legislative Council may substitute percentage and number
The Legislative Council may by resolution substitute the percentage or number of persons in section 7(4)(b), 7(4)(c), 11(1)(b), 12(1)(b), 27(2)(a) or 32(1)(a)(iii).

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

73A. Prescribed fee on notice
A person who notifies the Registrar of a change of the particulars of a registered scheme or an exempted scheme shall pay the prescribed fee for giving the notice.
(Added 53 of 1995 s. 23)

74. Jurisdiction of Court of First Instance
(Amended 25 of 1998 s. 2)(1) The court shall, in relation to a scheme (including any trust by which the scheme is governed) which is, or has at any time been, a registered scheme and whose domicile is not Hong Kong, have jurisdiction to hear and determine (in accordance with the law of the scheme’s domicile)—
(a) whether or not under the scheme a particular person is entitled (or prospectively entitled) to benefit at all or is entitled (or prospectively entitled) to a benefit or benefits of a particular kind;
(b) the amount of any benefit to which any particular person is entitled, or prospectively entitled, under the scheme.
(2) The jurisdiction conferred by subsection (1) shall be without prejudice to any other jurisdiction exercisable by any court, and accordingly nothing in this section shall be regarded as limiting or otherwise affecting any right or other cause of action, existing apart from this section, on the basis of which damages or any other relief or remedy may be recovered or obtained in legal proceedings.
(3) Subsection (1) shall not be construed as affecting in any way any provision of a scheme referred to in that subsection which relates to arbitration.
(4) None of the references to a person or persons in subsection (1) shall be construed as including a reference to a person, including the head of a consulate-general, consulate, vice-consulate or consular agency, entrusted in the capacity of a consular officer with the exercise of consular functions.

75. Immunity
(1) A person to whom this section applies is not civilly liable for an act done or omitted to be done by the person in good faith in performing or purportedly performing a function under this Ordinance.
(2) This section applies to—
(a) the Registrar;
(b) a director of the Registrar;
(c) an employee of the Registrar;
(d) an authorized person;
(e) a person appointed under section 36(2);
(f) an investigator; and
(g) a public officer.
(Replaced 9 of 2020 s. 46)

76. Legal professional privilege
A barrister or solicitor admitted under the Legal Practitioners Ordinance (Cap. 159) shall not be required under this Ordinance to disclose any information (other than the name and address of a client) or produce any record or other document which he would be entitled to refuse to disclose or produce on grounds of legal professional privilege in the court.

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

77. Preservation of secrecy
(1) Subject to sections 32, 78, 78A and 78B and subsection (2), any person who acquires any information by virtue of his performance or assistance in the performance of functions under this Ordinance shall preserve secrecy with regard to such information and without prejudice to the foregoing shall not— (Amended 1 of 2015 s. 56; 40 of 2021 s. 104)
(a) disclose such information to any other person except where such disclosure is necessary to such performance or assistance; or
(b) suffer or permit any other person to have access to such information except where such access is necessary for that other person to perform or assist in the performance of functions under this Ordinance.
(2) Nothing in this section shall be construed as prohibiting disclosure of such information in pursuance of a court order, a rule of law or a requirement made under a rule of law.
(3) Any person who contravenes subsection (1) commits an offence and shall be liable on summary conviction to a fine at level 4.(Amended E.R. 5 of 2021)